§ 4-30. Animal Care General Trust Fund.

(a)

There is hereby created an Animal Care General Trust Fund (Trust Fund) for the purpose of accepting and disbursing gifts, grants, and awards of money paid to Broward County for the use and benefit of dogs and cats in Broward County.

(b)

The Animal Care General Trust Fund shall be self-perpetuating year to year, unless specifically terminated by the Commission.

(c)

All gifts, grants, and awards of money received shall be placed in trust for and enure to the use and benefit of dogs and cats in Broward County. Unless said funds are directed for a specific purpose, the funds shall be expended, utilized, and disbursed only for the use and purpose of providing for the welfare of dogs and cats within Broward County, in accordance with the criteria set forth below.

(d)

There is hereby created an Animal Care General Trust Fund Subcommittee (the Subcommittee) consisting of six (6) members, five (5) of whom shall be members of the Broward County Animal Care Advisory Committee (the Committee) appointed by the Chair of the Committee. The Director, or designee, shall serve as the sixth (6th) member but shall be a nonvoting member. A quorum shall consist of a majority of the voting members of the Subcommittee. The affirmative vote of the majority of the voting members is required for approval of a motion. Members of the Subcommittee shall serve for one (1) two (2) year term and may be reappointed for one (1) additional two (2) year term. No member shall serve for greater than two (2) consecutive terms. Before incurring an obligation or liability that is anticipated to be paid from the Animal Care General Trust Fund, authorized members of the Committee shall obtain authorization from the Director and assurance that sufficient funds are available to pay such obligation or liability. All expenditures shall be in accordance with the criteria set forth below and shall be subject to the availability of funds from the Animal Care General Trust Fund. The expenditure of Trust funds shall be subject to the criteria set forth by the Committee, which shall include:

(1)

The Animal Care General Trust Fund shall provide necessary emergency medical or surgical treatment and care to sick or injured dogs and cats in Broward County described in Subsection (1)a or (1)b, below, who come to the attention of the Committee or any member thereof:

a.

Stray dogs or cats or dogs or cats apparently abandoned by their owners.

b.

Dogs or cats that are apparently owned and are in need of immediate emergency medical or surgical treatment but are not within the custody of their owners.

(2)

In all cases involving the provision of necessary medical or surgical treatment or care to dogs or cats described in Subsection (1)a or (1)b, above, it shall be the policy of the Committee that the following procedures be followed:

a.

Any member of the Committee is empowered to act immediately on behalf of an afflicted or endangered dog or cat in the exercise of sound judgment, independent of any other Committee member and without a consensus of the Committee or notice to any other Committee member.

b.

A dog or cat qualifying under Subsections (1)a or (1)b, above, may be taken by a member of the Committee or by Division staff to any licensed veterinarian in Broward County, who shall be instructed to provide such veterinary services as in the veterinarian's sound discretion are necessary to alleviate pain and suffering and to stabilize the dog or cat. In such an emergency, up to five hundred dollars ($500.00) may be expended.

c.

Such veterinarian shall forward his or her statement to the Subcommittee for reimbursement, describing in detail the condition of the dog or cat upon admission to the veterinary facility. Approval for payment of such veterinary statements shall be by a majority of the Subcommittee at a meeting called upon proper notice. Any request for reimbursement for the provision of necessary medical or surgical treatment or care to dogs or cats described in Subsection (1)a or (1)b, above, arising from a Committee member taking a dog or cat in for veterinary services, shall be reimbursed provided the Subcommittee deems the costs for the services reasonable. In the event the Subcommittee deems the costs for the services to be unreasonable, the Subcommittee shall reimburse the veterinary services at an amount the Subcommittee deems reasonable.

d.

No person who finds a dog or cat in distress and in need of medical or surgical treatment and who subsequently decides to adopt such dog or cat shall be precluded from receiving, on behalf of the dog or cat, the benefits of the trust fund simply because the dog or cat is adopted by the finder.

e.

Nothing contained herein shall preclude the Subcommittee from carrying out the specific intent of a devise from a donor even if said amount exceeds the scope of the foregoing criteria.

f.

In keeping with the humanitarian philosophy underlying the creation of the trust fund, the broadest possible application shall be given to the foregoing principles.

g.

Extraordinary expenses, including costs of radiological services and other services not provided at the County's animal clinic that are incurred by the Division in treatment and care of dogs and cats, shall be eligible for reimbursement to the Division upon approval of a majority of the Subcommittee.

(3)

A dog or cat adopted from the Division that develops medical or surgical problems within a period of thirty (30) days from the date of adoption, the cost of which exceeds the financial resources of the adoptive owner, shall also qualify to receive benefits from the Animal Care General Trust Fund. If the medical or surgical problems of such a dog or cat cannot be dealt with adequately by the County veterinarian and the owner wishes to keep the dog or cat but cannot afford treatment, and where such treatment is not the result of apparent abuse or neglect by the owner, the Trust Fund may provide for necessary additional treatment of the dog or cat by a licensed veterinarian in Broward County on a case-by-case basis and at the discretion of the Director of the Division. A cap of three hundred fifty dollars ($350.00) shall be placed on such expenditures, which may be raised if necessary by a majority vote of the Subcommittee. In no event shall any expenditures of Trust funds be guaranteed by any Committee member or made without approval of a majority of the Subcommittee members at a properly noticed meeting.

(4)

A dog or cat that is sick or injured and is owned by an individual who is financially unable to be fully responsible for the dog's or cat's treatment shall also qualify to receive benefits from the trust fund. Such treatment shall not exceed three hundred fifty dollars ($350.00), except that the Subcommittee shall have the discretion to raise the ceiling on the expenditures for such treatment when the circumstances of the case warrant increased reasonable expenditure. In the event the Director does not agree with the voting members of the Subcommittee, the Director may present the matter for consideration by the Commission at a properly scheduled meeting.

Any expenditures from the trust fund not covered by the foregoing subsections shall be presented for consideration by the Commission at any properly scheduled meeting.

(e)

The Animal Care General Trust Fund shall be a separate account established and maintained apart from the general revenue fund and accounts of Broward County.

Monies obtained hereunder may be accepted on behalf of Broward County by the Director or such other person or persons as may be designated by resolution of the Commission and, upon receipt of said monies, shall cause the same to be delivered to the Broward County Records, Taxes and Treasury Division, which shall cause the same to be deposited into the Animal Care General Trust Fund.

Funds deposited or credited to the Animal Care General Trust Fund and not expended by the close of any fiscal year shall be carried forward to the next succeeding fiscal year.

Any gifts, grants, and awards received subject to a condition shall be deposited in a trust fund specifically designated for that purpose. Interest accrued on the Animal Care General Trust Fund shall be maintained apart from the general revenue fund and other accounts of Broward County to provide and be used for adoption programs, including training, marketing, and other necessary expenditures, as determined by the Director.

(f)

To be eligible to receive funds pursuant to Subsections 4-30(d)(3) and (4), a dog or cat owner must prepare a request indicating why the owner cannot afford to pay the expenses. All requests indicating that an owner cannot afford to pay the expenses must be verified, and the information provided shall be reliable. In addition, the dog or cat owner must agree to have the dog or cat sterilized to reduce dog or cat overpopulation, and have or obtain a current rabies vaccination and a current Broward County rabies registration license. Any exemptions from these criteria must be made by the Subcommittee. The amount payable from the Animal Care General Trust Fund may be amended by the Subcommittee subject to the availability of funding.

(g)

The Animal Care Advisory Committee, through its Subcommittee, shall administer the Animal Care General Trust Fund in accordance with this section.

(h)

No Animal Care General Trust Fund monies, with the exception of accrued interest as provided in Subsection (e) above, shall be disbursed from the Animal Care General Trust Fund unless such expenditures have been authorized by a majority of the Subcommittee at a meeting called upon proper notice.

(Ord. No. 87-21, § 1, 5-12-87; Ord. No. 1998-41, § 13, 11-10-98; Ord. No. 1999-72, § 2, 12-14-99; Ord. No. 2001-06, § 3, 2-13-01; Ord. No. 2003-32, § 1, 9-9-03; Ord. No. 2008-42, § 1, 9-23-08; Ord. No. 2009-09, § 1, 3-10-09; Ord. No. 2009-17, § 1, 3-24-09; Ord. No. 2010-10, § 7, 2-23-10; Ord. No. 2013-10, § 1, 2-12-13; Ord. No. 2014-33, § 2, 10-14-14; Ord. No. 2015-37 , § 1, 9-10-15)