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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 1; �ATTIB . tit f 1, gi sy !` ,, c.., 10E1. i' r0Mau icio :pta ;curCMC, City Clerk i APPROVEDAS TO FORM AND LEGAL SUFFICIENCY • ,L / / Ai..€4, Edward A. Dion, City Attorney First Reading Secondl ( 1r eading c Motion: COMM\ISSIonjtt2 I \ 600> 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.