6A BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY PLACEMENT: PUBLIC HEARINGS PRESET: 09:30 AM TITLE: PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING ARTICLE 4, CHAPTER 9, MARTIN COUNTY CODE REGARDING A TIME EXTENSION OF THE COUNTY AUTHORIZED TRAP-NEUTER-RETURN ( TNR ) PROGRAM AGENDA ITEM DATES: MEETING DATE: 6/7/2016 COMPLETED DATE: 5/26/2016 COUNTY ATTORNEY: 5/16/2016 ASSISTANT COUNTY ADMINISTRATOR: 5/23/2016 REQUESTED BY: DEPARTMENT: PREPARED BY: Name: Taryn Kryzda, County Administrator Name: Procedures: None EXECUTIVE SUMMARY: County Attorney Brennan Keeler Assistant County Attorney Estimated staff presentation: 15 minutes. The Board of County Commissioners is asked to consider adoption of an ordinance amending Article 4, Chapter 9, Martin County Code regarding a time extension of the County authorized Trap-Neuter-Return ( TNR ) Program. APPROVAL: ACA CA BACKGROUND/RELATED STRATEGIC GOAL: 8079e6d2 1 of 7
The TNR Program is a County authorized program in which free-roaming cats, usually congregated together in colonies, are humanely trapped, spayed or neutered, vaccinated against rabies, micro-chipped, ear-tipped or otherwise marked for identification, and then returned to the same place where they were captured. This five (5) year pilot program was implemented via Ordinance No. 894 and became effective on July 1, 2011. Presently, the TNR Program is set to expire on June 30, 2016. The program is administered by the Florida non-profit Caring Fields Felines, Inc. ( CFF ), formerly known as the Hobe Sound Animal Protection League, Inc. CFF has requested the County extend the TNR Program for one (1) additional year. If approved as set forth in the attached draft ordinance, the TNR Program would now expire on June 30, 2017. According to CFF, there has been realized an overall decrease in the free-roaming cat population at its monitored colonies by 42% due to the TNR Program. Accordingly, stray intake numbers at the Humane Society of the Treasure Coast have been reduced. CFF would like the additional year in order to allow for the development of either a permanent or expanded TNR Program, as well as to gather additional data on the effectiveness of the program. Staff presentation is expected to take less than 15 minutes. The Executive Director of Caring Fields Felines and Caring Fields Felines attorney, Virginia Sherlock, are expected to attend and have indicated that their presentation should take less than 15 minutes. ISSUES: None. LEGAL SUFFICIENCY REVIEW: This is a legislative matter. Legislative decisions are those in which the local government formulates policy rather than applying specific rules to a particular situation. A local government s approval or denial of an issue in its legislative capacity is typically subject to a fairly debatable standard of review. Fairly debatable means that the government s action must be upheld if reasonable minds could differ as to the propriety of the decision reached. Decisions subject to the fairly debatable standard of review need only be rationally related to a legitimate public purpose, such as health, safety, and welfare of the public, to be valid. Given this broad discretion, only decisions that are arbitrary and capricious or illegal are subject to serious legal challenge. RECOMMENDED ACTION: RECOMMENDATION Move that the Board adopt the Ordinance as presented. ALTERNATIVE RECOMMENDATIONS Provide staff additional direction for revisions to the proposed Ordinance. 8079e6d2 2 of 7
FISCAL IMPACT: RECOMMENDATION None. Funding Source County Funds Non-County Funds Authorization Subtotal Project Total ALTERNATIVE RECOMMENDATIONS None. DOCUMENT(S) REQUIRING ACTION: Budget Transfer / Amendment Chair Letter Contract / Agreement Grant / Application Notice 1 Ordinance Resolution Other: ROUTING: _ ADM _ BLD _ CDD _ COM _ ENG _ FRD _ GMD _ GSD _ ITS _ LIB _ MCA _ MPO _ PRD _ USD X CA X ACA _ LEG 8079e6d2 3 of 7
BEFORE THE BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA ORDINANCE NO. AN ORDINANCE OF MARTIN COUNTY, FLORIDA, AMENDING ARTICLE 4, ANIMAL CONTROL, CARE AND TREATMENT, CHAPTER 9, ANIMALS, GENERAL ORDINANCES, MARTIN COUNTY CODE REGARDING THE COUNTY AUTHORIZED TRAP-NEUTER-RETURN PROGRAM; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE, CODIFICATION AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Martin County is authorized pursuant to Sections 1 and 6 of Article VIII, Constitution of the State of Florida, and Chapter 125, Florida Statutes, to adopt ordinances; and WHEREAS, the Board is authorized by provisions in Chapters 823 and 828, Florida Statutes, to adopt ordinances related to the sterilization of animals released from animal shelters or animal control agencies and animal control generally; and WHEREAS, the Board has determined that the existing Animal Control Ordinance should be amended to provide for one (1) additional year of operation for the County s authorized free-roaming cat trap-neuter-return program for the purposes of collecting additional data, lowering animal control costs with respect to abandoned, stray or feral cats, reducing nuisance complaints from citizens, alleviating public health concerns, lessening predation of wildlife, and reducing euthanasia of animals. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MARTIN COUNTY, FLORIDA, THAT: PART ONE: AMENDMENT OF CHAPTER 9, ANIMALS, ARTICLE 4, ANIMAL CONTROL, CARE AND TREATMENT, GENERAL ORDINANCES, MARTIN COUNTY CODE Section 9.90. Animal restraint law, is amended as follows: Sec. 9.90. Animal restraint law. 9.90.A. It shall be presumed to be unlawful for the owner of any animal to permit his/or her animal to be off the owner's property unless the animal is under restraint or control of a competent person by means of a chain, leash, or other similar device, or is in a secure cage or other secure enclosure. This provision shall not apply to working dogs and hunting dogs that are working or hunting on property that is zoned for agricultural use or otherwise authorized for hunting use by State law, are under their Page 1 4 of 7
handlers' direct and immediate voice control, and are responsive to their handlers' commands. 9.90.B. facility. No animal shall be allowed on any County owned athletic field and/or 9.90.C. No animals, with the exception of service or law enforcement animals, shall be allowed at County owned parks, athletic fields and/or facilities during any County sponsored activity or function unless such activity or function necessarily involves animals and is specifically permitted by the County Parks and Recreation Department. 9.90.D. Exemption for a County Authorized Trap-Neuter-Return Program (TNR). The provisions of section 9.90 shall not apply to the trial TNR program authorized herein by the County for trapping, spaying or neutering, and returning free-roaming cats to the place where they were captured. The TNR program will be operated on a five-year trial basis under the supervision and responsibility of the Humane Society of the Treasure Coast, Inc., and the Hobe Sound Animal Protection League Caring Fields Felines, Inc. The TNR program authorized pursuant to this section: 1. May be conducted only by the County authorized organizations for five (5) years from the effective date of this ordinance through June 30, 2017. 2. Shall be operated with the specific goals of lowering the County's animal control costs, reducing nuisance complaints by residents, alleviating public health concerns related to feral and stray cats, lessening predation of wildlife by freeroaming cats, reducing the number of births and reducing euthanasia of feral and stray cats. 3. Will be conducted in cooperation with the County's Animal Control Division. The County authorized organizations will: a. Identify known colonies by providing the Division with information regarding the location and estimated size of each colony. b. Train and oversee caretakers who will provide food, water, and necessary veterinary care and make all reasonable efforts to trap, neuter, vaccinate, micro-chip or ear-tip, and return all healthy cats to the colonies from which they were trapped. c. Make all reasonable efforts to remove adoptable cats and kittens from the colonies and seek permanent homes for adoptable animals. d. Communicate to the Division and notify caretakers of any nuisance complaints received from residents regarding free-roaming cat colonies and work with the Division and the complainant to resolve any such complaints as effectively and efficiently as possible. e. Maintain information and statistics related to sterilization, vaccination and identification of free-roaming cats and the operation of the TNR program and submit to the County biannual reports reflecting estimated free-roaming Page 2 5 of 7
cat populations at the time of each report and the level of success achieved with respect to each of the goals and purposes of the TNR program. PART TWO: CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of Martin County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART THREE: SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any other person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. PART FOUR: APPLICABILITY. This ordinance shall be applicable in the unincorporated area of Martin County. PART FIVE: FILING WITH THE DEPARTMENT OF STATE. The Clerk shall be and is hereby directed forthwith to scan this ordinance in accordance with Rule 1B-26.003, Florida Administrative Code, and file same with the Florida Department of State via electronic transmission. PART SIX: EFFECTIVE DATE. This ordinance is effective upon filing with the Department of State. PART SEVEN: CODIFICATION. Provisions of this ordinance shall be incorporated in the County Code and the word ordinance may be changed to section, article or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts two through seven shall not be codified. DULY PASSED AND ADOPTED THIS DAY OF, 2016. ATTEST: BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA Page 3 6 of 7
CAROLYN TIMMANN, CLERK OF THE ANNE SCOTT, CHAIR CIRCUIT COURT AND COMPTROLLER APPROVED AS TO FORM & LEGAL SUFFICIENCY: MICHAEL D. DURHAM, COUNTY ATTORNEY Page 4 7 of 7