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OCT 12 1993 TO: Board of County Commissioners THROUGH: Jim Chandle,F, Cunty Administrator FROM: Doug Wrightl Director Emergency Services DATE: September 28, 1993 BOOK 90 PAGE 751 I SUBJECT: Staff Response to Judy Wagner's Comments to the Board of County Commissioners on September 7, 1993, Regarding the Current Animal Control Ordinance On September 7, 1993, Judy Wagner appeared before the Board of County Commissioners regarding certain concerns and recommendations she wanted to make relating to the current Animal Control Ordinance. Staff was directed to review the recommendations and report back to the Board and provide Ms. Wagner with notice when the matter would be placed on the agenda for consideration. Staff has reviewed the letter Ms. Wagner read to the Board and met with the County Attorney's Office regarding potential legal ramifications and collateral issues. Presentation of the staff response will be provided in terms of the major issues alluded to by Ms. Wagner. CONCERN: Ms. Wagner's comments were, in part ....."Under Section 302.05 an owner of an animal is only required to keep that animal on a leash, cord, chain, etc., if the animal is off his own property. The animal can be loose on his own property if under the control of his owner or responsible person. The term `under control' is insufficient. Simply telling your dog or cat `stay' and then driving off to work is ridiculous. The animal who will `stay' is the exception to the rule. RESPONSE: Staff has inquired of the county governments of Brevard, Duval, Palm Beach, Broward, and St. Lucie animal control agencies regarding animal control ordinances. It was determined that none of the above counties. _require animals to be restrained on their own property. Staff is hesitant to recommend that the County further infringe -or add more restrictions on property owners in terms of, -,what they can do on their own property. Where shoed government stop if such an ordinance amendment were proposed? Should a family who has ten acres or twenty acres of land be required to restrain their animals on their property? While the animal control ordinance could be amended by the Board to include the restraint provision suggested by Ms. Wagner, further government intrusion into private property rights is not seen as a remedy regarding this issue. It seems more feasible to handle the complaints on an individual basis and cite those pet owners who fail to adhere to the requirements set forth in the existing ordinance. 34