LEE COUNTY ORDINANCE NO.
18-xx
AN ORDINANCE AMENDING LEE COUNTY ORDINANCE NO. 18-12 KNOWN
AS THE PARKS AND RECREATION ORDINANCE REGULATING SECTION
9.6: DOMESTICATED ANIMALS; PROVIDING FOR CONFLICTS OF LAW;
SEVERABILITY; CODIFICATION AND SCRIVENER’S ERRORS; PROVIDING
FOR MODIFICATIONS THAT MAY ARISE FROM CONSIDERATION AT
PUBLIC HEARING; AND AN EFFECTIVE DATE.
WHEREAS, the recreational use of the public parks is a treasured asset of this county
which is afforded to the public at large, including residents of and visitors to the County; and
WHEREAS, it is in the interest of the public health, safety and welfare that certain
controls and regulations be placed on persons using public park resources to ensure maximum
enjoyment of the resources by the general public while affording protection and preservation of
natural and manmade resources and reducing the risk of injury to park patrons; and
WHEREAS, the Board of County Commissioners (Board) adopted the Parks and
Recreation Ordinance No. 18-12 on March 20, 2018;
WHEREAS, the Board now desires to amend Lee County Ordinance No. 18-12.
NOW, THEREFORE, be it ordained by the Board of County Commissioners of Lee
County, Florida that:
SECTION ONE: PURPOSE
This ordinance amends Lee County Ordinance No. 18-12 as set for herein. The
amendments and revisions set forth in the following Sections are hereby adopted, with the
underlined identifying added text and the strike-through type being the language deleted.
SECTION TWO: AMENDING SECTION IX: RECREATIONAL REGULATIONS
9.6 DOMESTICATED ANIMALS Dogs are allowed in certain designated parks. The
Parks and Recreation Department shall maintain a list of parks that are dog friendly in the Parks
Operation Manual. The Director or designee may amend the list of dog friendly parks at any
time and may establish size, and height and/or weight restrictionslimitations of dogs within each
park, and within each area designated for dogs. Such restrictions may include requiring dogs to
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be placed into separate areas depending upon their size, height and/or weight. Parks permitting
dogs have the following regulations:
A. Dogs must be and remain in direct and continuous physical control on a
leash that does not exceed 8 feet in length and of sufficient strength to
restrain the dog.
B. The leash must be held by the owner at all times, unless in an off lead
dog park.
C. Dogs must wear a collar with a valid county license attached.
D. Puppies under 4 months and female dogs in heat are prohibited.
E. Children under 12 years of age with a dog must be accompanied by an
adult. Children under 5 years of age are not permitted in fenced off-lead
dog parks.
F. Dogs that have been declared dangerous by Lee County Domestic
Animal Services or a Court of law or dogs whose owner was adjudicated
guilty or plead no contest to threatening and menacing charges involving
the dogs, are not permitted at Lee County park properties.
G. Dogs behaving in an threatening/menacing aggressive manner either in
an on- lead or off-lead area, will not be permitted to remain on park
property. Dogs causing a nuisance by barking in on-lead areas in a
manner that disturbs the peace and tranquility of the park will not be
permitted to remain on park property. Any owner allowing a dog to act in
an threatening and menacing aggressive manner can may be subject to
citations and fines imposed by Lee County Domestic Animal Services or
Lee County Parks and Recreation.
H. Dogs must not be allowed to destroy park property, hunt or disturb
wildlife.
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I. Dog owner/handler must not tie or hitch a dog to any vegetation, park
structure, vehicle, or any other type of structure or object within park
property.
J. Dogs may not be left unattended or abandoned on park property.
K. Dog owner/handler and individuals accompanying dogs at Lee County
parks and facilities are required to immediately pick up and remove all
dog waste and is to be disposed of in appropriate waste containers.
Failure to remove dog waste creates unsanitary conditions and may result
in citation and/or fine.
L. Failure to promptly remove any dog from a Lee County park or facility
after being directed by Lee County staff may result in a citation and/or
fine.
M. Dogs must not enter the following Park areas: (Service Animals are
exempt from area restriction in accordance with federal and state law.)
1. Playgrounds
2. Ball-fields
3. Tennis, pickle ball, hand ball courts, bocce ball, shuffleboard
courts, archery range or other areas designated for a specific
game or sport
4. Dugouts
5. Bleachers
6. Restrooms
7. Lakes, ponds or bodies of fresh water
8. Swimming pools
9. On Lee County Parks and Recreation Beaches other than the
Causeway Islands, Turner Beach and Dog Beach and within the
water at Lee County Parks and Recreation Beaches other than
Dog Beach
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10. Water Parks
11. Buildings or facilities (Except pavilions)
12. Areas of food service
13. Skateboard and BMX areas
14. Basketball courts
15. Community centers and recreation centers
16. Sensitive wildlife areas as designated by department Director or
designee
17. Any area where dogs are expressly prohibited by park sign or
ordinance
N. Dog owner/handler/agent must comply with the provisions set forth within
Lee County Domestic Animal Services Animal Control Ordinance, as
amended from time to time. Lee County Domestic Animal Services or
Lee County Parks and Recreation may issue citation(s) for violation(s)
observed or submitted by means of a sworn affidavit at any time within
Lee County park properties.
O. Failure to comply with the regulations contained in within this section may
result in a citation, fine and/or expulsion from park property.
SECTION THREE: CONFLICTS
Whenever the requirements or provisions of this Ordinance are in conflict with the
requirements or provisions of any other lawfully adopted Ordinance or statute, the most
restrictive requirements shall apply.
SECTION FOUR: SEVERABILITY
The provisions of this Ordinance are severable and it is the intention to confer the whole
or any part of the powers herein provided for. If any of the provisions of this Ordinance shall be
held unconstitutional by any court of competent jurisdiction, the decision of such court shall not
affect or impair any remaining provisions of this Ordinance. It is hereby declared to be the
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legislative intent that this Ordinance would have been adopted had such unconstitutional
provision not been included therein.
SECTION FIVE: INCLUSION IN CODE
It is the intention of the Board of County Commissioners that the provisions of this
Ordinance shall become and be made a part of the Lee County Code and that sections of this
Ordinance may be renumbered or relettered and the word “Ordinance” may be changed to
“section,” “article,” or such other appropriate word or phrase in order to accomplish such
intentions and regardless of whether such inclusion in the Code is accomplished. Sections of
this Ordinance may be renumbered or relettered and the correction of typographical errors,
which do not affect the intent, may be authorized by the County Manager or his or her designee,
without need of Public Hearing, by filing a corrected or recodified copy of same with the Clerk of
the Circuit Court.
SECTION SIX: MODIFICATIONS THAT MAY ARISE FROM CONSIDERATION AT
PUBLIC HEARING
It is the intent of the Board of County Commissioners that the provisions of this
Ordinance may be modified as a result of consideration that may arise during Public Hearing(s).
Such modifications shall be incorporated into the final version.
SECTION SEVEN: EFFECTIVE DATE
This Ordinance shall become effective immediately upon receipt of official
acknowledgment from the office of the Secretary of State of Florida that the Ordinance has been
filed.
(Balance of Page Intentionally Left Blank)
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THE FOREGOING ordinance was offered by Commissioner _________ who moved its
adoption. The motion was seconded by Commissioner _________ and upon being put to a
vote, the vote was as follows:
John Manning ___
Cecil Pendergrass ___
Brian Hamman ___
Raymond Sandelli ___
Frank Mann ___
DULY PASSED AND ADOPTED this ___ day of _________, 2020.
ATTEST:
LINDA DOGGETT BOARD OF COUNTY COMMISSIONERS
CLERK OF THE COURT OF LEE COUNTY, FLORIDA
By: By: ____________________________
Deputy Clerk Brian Hamman, Chair
APPROVED AS TO FORM FOR THE
RELIANCE OF LEE COUNTY ONLY
By: ____________________________
Office of the County Attorney
