HomeMy WebLinkAboutOrdinance 2020-551 ORDINANCE NO. 2020 - SS
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 194
ENTITLED "NUISANCE" OF THE CODE OF ORDINANCE OF THE
CITY OF SUNNY ISLES BEACH, TO AMEND SECTION 194-2 TO
INCLUDE IN THE DEFINITION OF "NUISANCE" THE
UNAUTHORIZED FEEDING OF ANIMALS ON PUBLICLY OWNED
PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on or about April 19, 2007, the City Commission adopted Ordinance No.
2007-282, which created a new Article regulating Nuisances with the City (the"Ordinance"); and
WHEREAS, Section 194-2 of the Ordinance in provides definitions for what constitutes a
public nuisance; and
WHEREAS, the City Commission has received several complaints concerning the
inappropriate feeding of animals which may lead to an unhealthy, unsafe, and unsanitary
environment to the detriment of the citizens and animals of, and visitors to, the City; and
WHEREAS, the City Commission desires to amend Section 194-2 to include in the
definition of a public nuisance the unauthorized feeding of animals on publicly owned property,
so that the City may properly regulate and attempt to curb such unauthorized feeding through
penalties and enforcement.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA:
Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified
and incorporated as the legislative intent of this Ordinance.
Section 2. Amendment of Section 194-2. Section 194-2 of the Code of Ordinance of the City
of Sunny Isles Beach is hereby amended as follows:
§194-2. —Definitions.
E. Unauthorized feeding of animals. The unauthorized feeding of any exotic or
native animals or leaving food which may be consumed by nuisance animals, as
those terms are defined in Section 201-4 (C) 1 of this Code, on publicly owned
property. Authorized feeding areas are to be determined by the City Manager or
his designee.
Section 3. Severability. If any section, clause, sentence, or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 4. Conflicts. All Sections or parts of Sections of the Code of Ordinances, all
Ordinances or parts of ordinances, and all Resolutions or parts of resolutions, in conflict with this
Ordinances are repealed to the extent of such conflict.
02020 Amend Sec 194-2 Definition of Nuisance Page 1 of 2
Underline denotes revisions during first reading—Bold Underline denotes revisions during second reading.
Section 5. Inclusion in the Code. It is the intention of the City Commission, and it is hereby
ordained that the provisions of this Ordinance shall become and made a part of the City of Sunny
Isles Beach Code of ordinances; that the sections of this Ordinance may be renumbered or re-
lettered to accomplish such intention; and that the word"Ordinance"shall be changes to"Section"
or other appropriate word.
Section 6. Effective Date. This Ordinance shall be effective immediately upon passage by the
City Commission on second reading.
PASSED upon first reading on I'1 day of December 2019.
PASSED AND ADOPTED upon this second reading t ' (I day of January 2020.
Mayor Ge.rge H. Scholl
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r0Mau icio :pta ;curCMC, City Clerk
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APPROVEDAS TO FORM
AND LEGAL SUFFICIENCY
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Edward A. Dion, City Attorney
First Reading Secondl ( 1r
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Motion: COMM\ISSIonjtt2 I \
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I Motion: V 1 te DQ /.ettJ
Second: COVV1 AA l cAton ER- VLQ/Ae-441c Second: OVY1tNllsStOP/EC o AJ
Vote on First Reading:
Mayor Scholl I (Yes) (No)
Vice Mayor Svechin _L(Yes) (No)
Commissioner Goldman ✓ (Yes) (No)
Commissioner Lama (Yes) (No)
Commissioner Viscarra / (Yes) (No)
Vote on Second Reading:
Mayor Scholl I (Yes) (No)
Vice Mayor Svechin —T(Yes) (No)
Commissioner Goldman (Yes) (No)
Commissioner Lama I�- (Yes) (No)
Commissioner Viscarra (Yes) (No)
02020 Amend Sec 194-2 Definition of Nuisance Page 2 of 2
Underline denotes revisions during first reading—Bold Underline denotes revisions during second reading.