HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE
File ID: #6663
Ordinance
Second Reading
Sponsored by: Ken Russell, Commissioner
AN ORDINANCE OF THE MIAMI COMMISSION, WITH ATTACHMENT(S),
AMENDING CHAPTER 6/ARTICLE I OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ANIMALS/IN GENERAL;" MORE
PARTICULARLY BY AMENDING SECTION 6-4, TITLED "SHOOTING, TRAPPING,
ETC., BIRDS PROHIBITED; EXCEPTION," TO ALLOW FOR THE RELOCATION OF
PEAFOWL, A FLORIDA NON-NATIVE SPECIES, IN A MANNER THAT DOES NOT
PHYSICALLY INJURE OR HARM THE PEAFOWL; FURTHER DIRECTING THE CITY
MANAGER TO TAKE ANY AND ALL STEPS NECESSARY TO IMPLEMENT A
PEAFOWL MANAGEMENT PLAN TO RELOCATE PEAFOWL IN A HUMANE
MANNER, SUCH MANAGEMENT PLAN SHALL BE SIMILAR TO THE PLAN
DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
City of Miami File ID: 6663 (Revision: 8) Printed On: 2/27/2020
GS.,Y OFA
i" City of Miami
+' nein uare� #
Legislation
Ordinance
Enactment Number: 13892
File Number: 6663 Final Action Date: 2/13/2020
AN ORDINANCE OF THE MIAMI COMMISSION, WITH ATTACHMENT(S),
AMENDING CHAPTER 6/ARTICLE I OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ANIMALS/IN GENERAL;" MORE
PARTICULARLY BY AMENDING SECTION 6-4, TITLED "SHOOTING, TRAPPING,
ETC., BIRDS PROHIBITED; EXCEPTION," TO ALLOW FOR THE RELOCATION OF
PEAFOWL, A FLORIDA NON-NATIVE SPECIES, IN A MANNER THAT DOES NOT
PHYSICALLY INJURE OR HARM THE PEAFOWL; FURTHER DIRECTING THE CITY
MANAGER TO TAKE ANY AND ALL STEPS NECESSARY TO IMPLEMENT A
PEAFOWL MANAGEMENT PLAN TO RELOCATE PEAFOWL IN A HUMANE
MANNER, SUCH MANAGEMENT PLAN SHALL BE SIMILAR TO THE PLAN
DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHERAS, the intent of this legislation is to take the scientific steps necessary to
accurately determine the census and appropriate management plan with the assistance of
Florida International University (TIU") to manage the population of peafowl in the City of Miami
("City") in a successfully healthy and humane way; and
WHEREAS, Section 5-16 of the Code of Metropolitan Dade County, Florida allows a
property owner to remove peafowl from his or her own property in a manner that does not
physically injure the peafowl; and
WHEREAS, Section 6-4 of the Code of the City of Miami, Florida, as amended ("City
Code"), prohibits shooting, trapping, killing, or destroying birds in any manner; and
WHEREAS, peafowl are a non-native species of birds located throughout the State of
Florida; and
WHEREAS, there has been a proliferation of peafowl in neighborhoods within the City;
and
WHEREAS, the proliferation of peafowl in certain neighborhoods has proven dangerous
to the peafowl due to interaction with vehicles and other hazards; and
WHEREAS, the City is committed to the humane treatment of peafowl and realizes
many peafowl engage in various unwarranted behaviors, including destruction of property; and
WHEREAS, in order to continue protecting peafowl, the City desires to remove and
relocate peafowl; and
WHEREAS, the City Manager is directed to take any all steps necessary, which includes
utilizing the study created by Rancho Palos Verde, California and working with FIU to implement
a peafowl management plan to relocate peafowl in a manner that does not physically injure or
harm the peafowl; and
City of Miami File ID: 6663 (Revision: 8) Printed On: 2/27/2020
WHEREAS, FIU will assist with creating a study to determine a census for areas
overpopulated by peafowl which need to be addressed within the management plan; and
WHEREAS, the City Manager, through a Request for Proposals process, will secure a
trapper to relocate the peafowl to a sanctuary on an annual basis, excluding the period of
mating season; and
WHEREAS, the City Commission finds that it is in the best interest of the City and its
residents to amend the City Code for the purposes stated herein;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted and incorporated as if fully set forth in this Section.
Section 2. Chapter 6, Article I of the City Code is hereby further amended in the
following particulars:'
"CHAPTER 6
ANIMALS
ARTICLE I. IN GENERAL
Sec. 6-4. Shooting, trapping, etc., birds prohibited; exception.
(a) It shall be unlawful for any person to shoot, trap, or in any manner kill or destroy birds
within the City; except as provided in Section 6-4(b). e)(Ge t that the Grief r)f PE)IiGe Fnay
GGOeRtifiG PUFpeses issued by the state fish and game GeFFIFF1166meR and by the IJRited
States Fish and Wildlife CeFVTno0 Depai:tmeRt of the IRteFier
Nothing in this Section shall prevent the following:
The City shall have the authority to take any and all necessary remedial actions
to address the proliferation of peafowl located within the City.
Any peafowl trapped or relocated pursuant to Section 6-4(b)(1) of the City Code
from within the City shall be done so in a humane manner and be relocated to an
appropriate sanctuary or other facility by a licensed trapper to ensure the safety
of the peafowl.
No trapped or relocated peafowl shall be released into the wild in another part of
the State.
The City shall implement a peafowl management plan to address the relocation
of peafowl. The peafowl management plan shall be as described in Exhibit "A,"
which may be amended by Resolution of the Citv Commission as needed from
time to time.
1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
City of Miami File ID: 6663 (Revision: 8) Printed On: 2/27/2020
*„
Section 3. The City Manager is directed to take any and all steps necessary, which
includes utilizing the study created by Rancho Palos Verde, California and working with FIU to
implement a peafowl management plan to relocate peafowl in a manner that does not physically
injure or harm the peafowl. Such plan shall be similar to the plan described in Exhibit "A,"
attached and incorporated.
Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 5. This Ordinance shall become effective ninety (90) days after final reading
and adoption thereof.z
APPROVED AS TO FORM AND CORRECTNESS
ria ' ndez,ity ttor �eyy)Toll 51-2019 ria ndez,ity ttor iey 1/31/2020
' This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the
date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon
override of the veto by the City Commission or upon the effective date stated herein, whichever is later.
City of Miami File ID: 6663 (Revision: 8) Printed On: 212712020