The Animal Control Perspective

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The Animal Control Perspective Brought to you by: Palm Beach County Public Safety Department Animal Care and Control Division

The mission of the Florida Animal Control Association is: To improve the methods and standards of the animal control and protection profession throughout Florida, To inform the public of the true nature and importance of the work performed by animal control and protection organizations, To cooperate with the other public agencies dealing in animal control and protection, To promote local and state animal related regulations and laws, To provide assistance to local animal control and protection organizations, To assist state agencies and local animal control and protection organizations in disaster planning and post-disaster operations, and To promote justice and equity in the enforcement of animal control and protection laws.

FACA Certification Courses Animal Control Officer (FSS 828.27) Chemical Immobilization (FSS 828.27) Euthanasia Technician (FSS 828.058) Continuing Education Conferences Legislative Issues State Committees/Panels Rabies, SART, FAF, FFWCC

67 Counties in Florida, plus Tribal Lands Most have an Animal Control function Many cities have their own, most do not Some contract with Humane Society/SPCA Significant differences in services provided in available resources in political approach

PBC Animal Care and Control Largest Animal Control Agency in the State Based on: Annual budget Full Time Employees Scope of services provided NOT Based on: Shelter Intake

Discussion Points Rabies Vaccination Certificates Specifically the requirement to submit to the animal control authority (FSS 828.30) Why is compliance important? Official Certificate of Veterinary Inspection (OCVI) Specifically why good animal description/documentation is important (FSS 828.29) Not all clients have honorable intentions Reportable Disease vs. General Neglect/Other Issues Specifically how a reportable disease concern can complicate an animal neglect case/cruelty investigation Limited resources exist to manage either, but together can be an extreme challenge

FSS 828.30 - Rabies vaccinations of dogs, cats, and ferrets. Upon vaccination against rabies, the licensed veterinarian shall provide the animal s owner and the animal control authority with a rabies vaccination certificate

Why do some Vet s not comply? Not all jurisdictions require compliance, as not all jurisdictions track this information. Some vet s feel they should be compensated for doing the extra work. Some vet s feel they are betraying their clients, by turning them in to the government.

Why is compliance important? Larger Counties have many animal bites reported. PBC alone routinely has 2200 2400 animal bites annually. PBC is funded for 1 position (desk job) to coordinate quarantine for all of them. This job is dramatically more efficient when the owner, the animal and the vaccine status is already on file.

Why is compliance important? When vaccine info not on file, ACO must be dispatched often over and over again. Owner then given time to request their vet to fax records to us most times should have been done months earlier. Enforcement comes with delicate balance of cooperation.

Why is compliance important? License Tag program generates much needed revenue. PBC sells 123,000 tags annually. This generates $2.1 million in revenue. (over 25% of our operating budget)

FSS 828.29 Dogs and cats offered for sale; health requirements; consumer guarantee. A.K.A. Pet Lemon Law Official Certificate of Veterinary Inspection (OCVI s)

DOACS has lead role on oversight, but has limited resources. FSS requires vets and pet dealers to retain OCVI s for 1 year FSS gives the authority to inspect these records to the USDA, DOACS, any LEO, or any agent appointed under FSS 828.03 (ACO s) FSS gives the State Attorney authority to enjoin violators from being a Pet Dealer

Common violations uncovered Pet stores offering puppies for sale without a current OCVI. Pet stores requiring customers to sign away their rights afforded under the Statute. Pet stores requiring customers to use their own veterinarian and refusing to reimburse otherwise. Vet s signing off on out of state vaccines as if they were done in their own office. Vet s leaving blanks on the certificates

How is enforcement handled? For Pet Dealers PBC put entire Statute in County Ordinance to enable the issuance of civil citations and ultimate permit denial, rather than as Criminal Violations. Then added stricter regulations. For Veterinarians violations forwarded to DOACS, reviewed then forwarded off to DPBR

Major Case Profile Bulldog Exchange & Bulldog Express 2007 Imported 400+ puppies from Hungary 2008 Imported 600+ puppies from Hungary and Alabama Web-based sales, elaborate scheme, misrepresented puppies Used 2 residential locations in PBC Way more puppy trafficking than we ever expected

Why did we get involved? Consumer complaints Media tenacity Loopholes in our own Ordinance

What did we find? Concerns that reached far beyond our jurisdiction and beyond our authority Extensive apparent violations with OCVI s SAO, DOACS, DPBR

Importation Concerns CDC/Division of Global Migration and Quarantine Puppies were shipped to a Customs Broker and given Confinement Orders. No way to prove if Confinement Orders were being passed to importer, but definitely were not being adhered to. Final purchaser was not made aware of them.

Importation Concerns USDA 2008 Farm Bill added to the Animal Welfare Act Prohibits importation of puppies for the purpose of re-sale Formal rule language still under review Puppies can still be legally imported today for the purposes of resale

Fraud Concerns Local Sheriff s office & FBI Fast food comparison Office of the Attorney General, Economic Crimes Unit Florida Deceptive and Unfair Trade Practices Act Selling puppies with known illnesses Failure to disclose geographic origin of animals

Financial Concerns Internal Revenue Service Federal Income Tax Florida Department of Revenue State Sales Tax

Current resolution Shut him down locally through a Civil court agreement stemming from a separate issue He will not own animals in PBC He will not sell animals from PBC

Local resources for livestock vary Response for At Large Response for neglect

PBC Shelter Resources PBC Animal Control 14 acres, including 6 stall barn and multiple paddocks 5 Veterinarians on staff Equine/Livestock Veterinarian specialists on contract 14 Veterinary Assistants 20 Animal Care Specialists

PBC Enforcement Local Ordinances FSS 828.073 Animals found in distress When agent may take charge Hearing

PBC Neglect Property tax breaks for agriculture Soremouth (Contagious Ecthyma) vs. FMD

Abandoned property located 1 hour from our facility

Grave concerns for this specific animal

Vesicular Stomatitis?

Who s going to provide care or treatment in absence of Owner?

David Walesky, President info@floridaanimalcontrol.org (786)505-FACA Palm Beach County Public Safety Department Animal Care and Control Division Capt. David Walesky, Operations Manager dwalesky@pbcgov.org (561)233-1212