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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. -1- 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, -2- 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 ~ 5-3 DADE COUNTY CODE / ( 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) ( 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). \ "- 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