PLACEMENT: Public Hearings
TITLE:
title
PUBLIC HEARING TO CONSIDER ADOPTING AN ORDINANCE AMENDING CHAPTER 9 ANIMALS, ARTICLE 1 GENERAL PROVISIONS, SECTION 9.1 DEFINITIONS, AND ARTICLE 4 ANIMAL CONTROL, CARE AND TREATMENT, SECTION 9.95 DANGEROUS DOGS, GENERAL ORDINANCES, MARTIN COUNTY CODE
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EXECUTIVE SUMMARY:
executive summary
This is a public hearing to consider adoption of an ordinance amending Chapter 9, Animals, Article 1, General Provisions, Section 9.1, Definitions, and Article 4, Animal Control, Care and Treatment, Section 9.95 Dangerous Dogs, General Ordinances, Martin County Code. The Animal Care and Control Oversight Board has approved amending these sections.
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DEPARTMENT: County Attorney
PREPARED BY: Name: Melissa L. Pietrzyk
Title: Senior Assistant County Attorney
REQUESTED BY: Legal
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
Currently, the Animal Services Unit of the Martin County Sherriff’s Office is authorized by Chapter 9 of the General Ordinances, to have a dog declared dangerous when the dog meets certain criteria. An owner of such a dog can contest this declaration by appearing at a hearing before the County Administrator or his/her designee, who makes the determination of the dog’s status.
This amendment seeks to authorize a special magistrate, in addition to the County Administrator, to preside over a dangerous dog determination hearing.
This amendment seeks to ensure proper restrictions, requirements, and/or actions can be imposed upon an owner when his/her dog is deemed dangerous. This amendment also authorizes the hearing officer to order a dog be euthanized when the dog was previously deemed dangerous and subsequently injures or kills a human or animal again.
This amendment seeks to imposes requirements on residents who relocate a dog(s) into Martin County, when that dog(s) has already been declared dangerous, or the like, by Florida state law, or by another city, county, or state’s lawful authority.
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 the 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 amending Chapter 9, Article 1, Section 9.1, Definitions, and Article 4, Section 9.95 Dangerous Dogs, General Ordinances, Martin County Code.
ALTERNATIVE RECOMMENDATIONS
None
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☒Ordinance ☐Resolution
☐Other:
This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback <http://www.martin.fl.us/accessibility-feedback>.