HomeMy WebLinkAboutOrdinance 98-51
ORDINANCE NO. 98- 5 t
AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, AMENDING SECTION 5.5 OF THE MIAMI-DADE
COUNTY CODE PERTAINING TO THE REMOVAL OF
CANINE DEFECATIONS TO REQUIRE PERSONS IN
CUSTODY OF ANIMAL TO DISPOSE OF ANIMAL'S FECAL
MATTER DEPOSITED ON PUBLIC OR PRIVATE
PROPERTY; AMENDING SECTION 5.6(a) TO PROVIDE
FOR ALL CANINES TO BE LEASHED; PROVIDING FOR
REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City, by charter has adopted the Miami-Dade County Code as its Code of
Regulations, including Chapter 5 entitled "animals and Fowl"; and
WHEREAS, the City continues in its efforts to beautify the landscape and maintain the
health, safety and welfare ofthe citizens; and
WHEREAS, animal defecation has proliferated on the sidewalks and streets in the corporate
limits of the City of Sunny Isles Beach as its the population continues to increase; and
WHEREAS, the City wishes to strengthen the provisions of Chapter 5, Article II of the
Miami-Dade County Code;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1.
Section 5.5 entitled "Permitting dogs to defecate, etc.," is hereby amended as
follows:
Removal of animal defecation. Any person owning, possessing, harboring or having
the care, charge, control or custody of any animal, shall immediately remove and thereafter dispose
of any fecal matter deposited by said animal on a public or private property other than the property
ofthe owner of responsible party ofthe animal, unless the owner or person in lawful possession of
said property has consented to such deposit. For the purpose of this Section animal fecal matter shall
be immediately removed by placing said matter in a closed or sealed container and thereafter
disposing of it in a trash receptacle sanitary disposing unit or other closed or sealed container,
Section 2. Section 5.6(a) entitled "Running at Large" is amended to include the following last
sentence:
" It shall be unlawful to take an unleashed canine into, or to keep any unleashed canine in
or upon any public property ofthe city. All canines when not on the premises of their owner or the
person in control thereof, must be on a leash under control of a competent person."
Canine Ord.
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Section 3. Remainder of Ordinance To Be Left Intact. All other provisions of Chapter 5 of the
Miami-Dade County Code shall continue in full force and effect and shall govern the City of Sunny
Isles Beach.
Section 4. Repeal. All Ordinances or parts of ordinances in conflict herewith be and the same
are hereby repealed.
Section 5. Severability. The provisions ofthis Ordinance are declared to be severable and if any
section, sentence, clause or phrase of this Ordinance shall, for any reason, be held invalid or
unconstitutional, such decision shall not affect the validity of the remaining sections, sentences,
clauses and phrases of this Ordinance but they shall remain in effect, it being the legislative intent
that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 6. Effective Date. This Ordinance shall take effect ten (10) days after adoption upon
second reading.
PASSED AND ADOPTED on first reading the 17th day of September, 1998.
PASSED AND ADOPTED on second reading this ~ day of Oc=*>~, 1998.
Alcw/~
David Samson, M&yor
ATTEST:
~,.~~
, ." . ehardbrown-orilla, City Clerk
APPRG\iEDAS TO FORM
AND LEGAL SUFFICIENCY:
M. Dannheisser, City Attorney
Moved by: b: ~
Seconded by: - :::_
Vote: '5-u
Mayor Samson
Vice Mayor Turetsky
Commissioner Iglesias
Commissioner Kauffman
Commissioner Morrow
, V(Yes)
V"" (Yes)
~(Yes)
~(Yes)
~(Yes)
_(No)
_(No)
(No)
(No)
_(No)
Canine Ord,
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ANIMALS AND FOWL
cently exposed thereto, sells, barters or
disposes of such animal without first dis-
closing to the person to whom the same is
sold, bartered or disposed of, that such
animal is so diseased, or has been exposed,
as aforesaid, or knowingly permits such
animal to run at large, or knowing such
animal to be diseased as aforesaid, know-
ingly allows the same to come into contact
with any such animal of another person
without his knowledge or permission, shall
be in violation of this section.
(4) Live animal prizes prohibited. Whoever
gives away or offers to give away any live
animal as a prize in any game, drawing,
sweepstakes or other promotion, shall be in
violation of this section.
(c) Enforcement.
(1) Whenever any person or persons complain
of cruelty to animals or upon independent
observation of the Animal Control Division,
the Animal Control Division shall immedi-
ately attempt to ascertain and investigate
whether the facts alleged in the complaint
or observation constitute an act of cruelty
to animals. Nothing contained herein shall
authorize a member of the Animal Control
Division to enter upon private property
without consent of the property owner or
without a valid search warrant.
(2) If the representative of the Animal Control
Division has reason to believe, subsequent
to his investigation, that an act of cruelty
to animals may have been committed, he
shall immediately institute appropriate pro-
ceedings against the owner or owners of
the animal alleged to be the victim of the
cruel act or those person or persons alleged
to have committed the cruel act. Nothing
herein contained shall restrict a private
citizen from instituting an appropriate pro-
ceeding pursuant to the Flo~da Statutes,
(3) If the representative of the Animal Control
Division is unable to ascertain whether the
alleged act of cruelty to animals exists, he
shall, when appropriate, seek the issuance
of a court ordered search warrant.
Supp. No, 16
f 5-3
(4) If a court of competent jurisdiction deter-
mines that an act of cruelty to animals does
exist, the Animal Control Division shall
seek, when appropriate, a court order re-
questing that the animal in question be
taken from the owner to the Animal Con-
trol Division shelter or other suitable place
of housing for protective custody of the
animal.
(d) Penalties. Any person or persons found guilty
of an act of cruelty to animals shall be subject to
up to sixty (60) days imprisonment and/or a fine
not exceeding five hundred dollars ($500,00) for
each separate act of cruelty.
(Ord. No. 75-24, U 1-4,4-2-75; Ord. No. 76-50, f
4, 6-1-76; Ord. No. 94-203, f 1, 11-1-94; Ord. No.
95-215, f 1, 12-5-95)
ARTICLE n. DOGS.
Sec. 5-3. Definitions.
As used in this article, unless the context other-
wise indicates:
(1) Responsible party shall be defined to in-
clude any person, persons, firms, corpora-
tions or associations owning, harbo~g,
keeping or controlling a dog or dogs within
the County. Wherever the words "owner" or
"person" are used in this article, these
words shall mean responsible party.
(2) Dog shall include both male and female.
(3) At large shall be defined to mean off the
premises of the owner, and not under the
control, custody, charge or possession of the
owner, or other responsible person, either
by leash, cord or chain.
(4) Veterinarian: The term "veterinarian" as
used in this article shall refer to any person
.Editor's note-Ord. No, 72-93, f I, adopted Dec. 5, 1972,
amended Art. II to read as set out in ff 5-3-5-17, Prior to
amendment by said Onl, No. 72-93, Art. II, If 5-3-5-16, was
derived from Ord. No, 58-28, If 2-13, adopted July 8, 1958;
Ord, No. 63-7, f I, adopted March 5,1963; ora, No. 63-46, f I,
adopted Nov. 5, 1963 and Ord. No, 65-16, ff I, 2, adopted
March 16, 1965.
667
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DADE COUNTY CODE
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licensed or permitted to practice veterinary
medicine under the laws of the State of
Florida,
(5) Pet shops and animal service organiza-
tions: The terms "pet shops" and "animal
service organizations" as used within this
article shall refer to any businesses, orga-
nizations, or entities, either nonprofit or for
profit, engaged in the selling or transfer of
dogs, The terms include but are not limited
to kennels, animal adoption organizations,
humane societies, animal clinics, and com-
mercial pet shops.
(6) Puppy: The term "puppy" as used in this
article shall mean any dog that is less than
four (4) months old.
(7) Puppy tag: The term "puppy tag" as used in
this article shall mean a license tag for
dogs under four (4) months of age, and
shall be evidence of registration of the
puppy with Dade County,
(8) Intact: The term "intact" as used in this
article shall mean a dog that has not been
spayed or neutered,
(Ord, No. 72-93, ~ 1, 12-5-72; Ord, No. 76-50, ~ 5,
6-1-76; Ord. No. 89-92, ~ 2, 9-26-89; Ord. No,
94-123, ~ 1, 6-21-94)
Sec. 5-4. Prohibited in parks and on beaches.
It is deemed in the best interests of the health,
safety and welfare of the citizenry and visitors of
Dade County, Florida, that all necessary precau-
tions be implemented to prevent cutaneous larva
migrans (a frequently severe skin disorder caused
by the infective larvae of a dog or cat hookworm
which is transmitted by the contact of the human
skin with soil contaminated by dog or cat feces),
and visceral larva migrans (a disease caused by
the ingestion of larvae dog roundworms which
commonly occurs when young children swallow
dirt). No responsible party owning or having
charge, care, custody or control of any dog shall
cause, permit or allow the dog into or upon any
public park or beach in the county; provided,
however, this provision shall not apply to park-
ways, wayside parks, or other park areas in which
dogs are specifically authorized,
(Ord. No. 72-93, ~ 1, 12-5-72; Ord. No. 76-50, ~ 6,
6-1-76)
Supp, No, 16
Sec. 5-4.1. Exception, blind persons.
Nothing in Section 5-4 shall be construed to
apply to any totally or partially blind person
accompanied by a guide dog especially trained for
the purpose.
(Ord. No. 76-50, ~ 7, 6-1-76)
Sec. 5-5. Permitting dogs to defecate, etc.,
on public or common property.
It shall be unlawful for a responsible party to
permit, either willfully or through failure to exer-
cise due care or control, any such dog to commit
any nuisance upon the sidewalk of any public
street; or upon the floor of any common hall in any
apartment house, tenement house, hotel or other
multiple dwelling; or upon any entranceway, stair-
way or wall immediately abutting on a public
sidewalk, or upon the floor of any theatre, shop,
store, office building or other building used in
common by the public. "Nuisance," for the pur-
poses of this section, shall be defined as defeca-
tion and/or urination,
(Ord. No. 72-93, ~ 1, 12-5-72; Ord, No. 76-50, ~ 8,
6-1-76)
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Sec. 5-6. Running at large.
(a) No responsible party owning or having pos-
session, charge, custody or control of any spayed/
neutered dog shall cause or permit or allow the
dog to stray, run, be, go or in any manner to be at
large in or upon public property, or the private
property of others without the express or implied
consent of the owner(s) of such private property.
(b) Any responsible party who violates any of
the provisions of this paragraph (a) shall be
punished as follows:
(1) For a first violation, by a fine not to exceed
fifty dollars ($50,00);
(2) For a second violation, by a fine not to
exceed one hundred dollars ($100.00);
(3) For a third violation, by a fine not to exceed
two hundred dollars ($200.00); and
(4) For each subsequent violation, by a fine pot
to exceed two hundred and fifty dollars
($250.00).
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668
ANIMALS AND FOWL
15-6
(c) No responsible party owning or having pos-
session, charge, custody or control of any intact
dog shall cause or permit or allow the dog to stray,
ron, be, go or in any manner to be at large in or
upon public property, or the private property of
others without the express or implied consent of
the owner(s) of such property.
(d) Any responsible party who violates any
provision of paragraph (c) shall be punished as
follows:
(1) For a first violation, by a fine not to exceed
one hundred fifty dollars ($150.00);
Supp. No. 16
668.1