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HomeMy WebLinkAboutO-12092J-01-561 06/25/01 �'d ORDINANCE NO . - 2 " 9 2 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 6/ARTICLES I AND II OF THE CODE OF THE CITY OF MIAMI, FLORIDA,- AS AMENDED, ENTITLED."ANIMALS/IN GENERAL/DOGS" TO INCORPORATE THE PROVISIONS SET FORTH IN CHAPTER 828, FLORIDA STATUTES (2000) CONCERNING CRUELTY TO ANIMALS AND TO PROVIDE FOR PENALTIES; MORE PARTICULARLY BY AMENDING SECTIONS 6-5 AND 6-41 OF SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Chapter 6/Articles I and II of the Code of the City of Miami, Florida, as amended, is further amended in the following particulars:'/ "Chapter 6 ANIMALS Article I. IN GENERAL 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. UQ41 Sec. 6-5. Cruelty to animals; penalties. (a) The following acts and all related acts as set forth in Florida. Statutes, Chapter 828, and all amendments thereto, shall be as deemed cruelty to (1) Ne Any person who shall overload, overdrive, torture, torment or deprive of necessary sustenance, or unnecessarily or cruelly.beat or mutilate or kill any domestic animal, or cause or permit either of such offenses to be permitted within the city. (b) An individual found to be in violation of this section shall be subject to all enforcement regulations as contained in this Chapter and all penalties as set forth in Florida Statutes, Chapter 828, ,and all amendments thereto. ARTICLE II. DOGS Sec. 6-41. Cruelty to dogs; penalties. (a) It shall be unlawful for any person keeping, harboring or owning a dog to be cruel and inhumane to the animal. "Cruelty" and "inhumaneness" shall include all provisions as set forth in Florida Statutes, Chapter 828, and all amendments thereto, including unnecessarily. beating or torturing or mutilating or cruelly killing or failing or neglecting to provide suitable food or drink in sufficient quantities, together with adequate shelter for such dog. (b) An individual found to be in violation of this section shall be subject to all enforcement regulations as contained in this Chapter and all penalties as set forth in Florida Statutes, Chapter 828, and all amendments thereto. Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Page 2 of 3 1 12 0 9 2 Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. - 2/ PASSED ON FIRST READING BY TITLE .ONLY this 10th .day of July , 2001. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 26th day of - July , 2001. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2.36, since the Mayor did not indicate approval of .this .legislation by signing it in the designated place provided, said legislation now becomes effective with the elapse of n (10) days r m the date of Co,plVdion action ATTEST: regarding same, without the Mayor ercisi o. W r n, City Clerk WALTER J. FOEMAN CITY CLERK APPRO D AS FORM CORRECTNESS:t/ nRO VILARELLO TTORNEY 85:BSS 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. Page 3 of 3 - 12092 JPISTRICT 4 Second Reading Ordinance TO: Commissioner FROM: Alejandro a City Att ey DATE: June , 001 RE: For July 10, 2 Proposed am to animals (-0 COMMISSIONER REGALAD0 01 City Commission Meeting idment to City Code to incorporate' Florida Statutes concerning cruelty 1-561) Pursuant to your directive, the attached ordinance has been drafted to incorporate in the City Code those sections of the Florida Statutes concerning cruelty to animals. This proposed resolution will be placed on the July 10, 2001 City Commission Agenda in the District 4 Section (Blue Pages). W579:BSS cc: Mayor and Members of the City Commission Carlos A. Gimenez, City Manager Walter J. Foeman, City Clerk