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HomeMy WebLinkAboutM-93-0022J-93-19 1/4 93 ORDINANCE NO. t d AN ORDINANCE AMENDING SECTION 6-1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "RESTRICTIONS ON KEEPING POULTRY, OWL OR GRAZING ANIMALS" BY AMEENDING THE TERM f ZING ANIMALS" TO INCLUDE "PIGS" AND TO ( AL W MINIATURE, DOMESTICATED, POTBELLIED, { VIE AMESE PIGS IN THE CITY OF MIAMI, SUBJECT 1 TO L ITATIONS AND RESTRICTIONS AS SPECIFIED HEREIN, CONTAINING A REPEALER PROVISION, SEVERAB ITY CLAUSE AND PROVIDING FOR AN i EFFECTIVE ATE. i WHEREAS, citizens have requested that the Potbellied Vietnamese Pig be permitted s pets in the City of Miami; and WHEREAS, the City Commis 'on after careful consideration of j said matter deems it advisable d in the best interest of the general welfare of the City of Miam and its inhabitants to amend the City Code of the City of Miami, Florida, as amended, as I } 3 hereinafter set forth; kP NOW, THEREFORE, BE IT ORDAINED BY THE MMISSION OF THE CITY �a 5( OF MIAMI, FLORIDA: it Section 1. Section 6-1 of the Code of. th City of Miami, j� Florida, as amended, entitled "Restrictions on Kee ing Poultry, j: Fowl or Grazing Animals", is hereby amended in the following = 4 particulars:/ I/ Words and/or figures stricken through shall be dele d. Underscored words and/or figures shall be added. e remaining provisions are now in effect and remain uncharge Asterisks indicate omitted and unchanged material. Isalrerl ysy ko1170 W 930,11 11 El "Sec. 6-1. Restrictions on keeping poultry, fowl. or grazing animals. (a) For the purpose of this section, the terms hereinafter set forth shall be defined as follows: Fowl: Live guineas, pea fowls, pheasants and pigeons, except carrier and racing pigeons kept, harbored, bred and maintained exclusively for such purpose. Grazing animals: Horses, cows, goats, sheep, pigs, and rabbits. Poultry: Live chickens, turkeys, ducks and geese. Poultry markets: Commercial establishments or places properly zoned and licensed where live poultry or fowl are kept temporarily for purposes of sale. (b) Live poultry, fowl or grazing animals may be kept, harbored, bred or maintained in the city, subject to the following limitations and restrictions: - (1) No live poultry, fowl or grazing animals shall be kept, harbored, bred or maintained _ unless the person owning or leasing or occupying the premises on which the same are kept, harbored, bred or maintained secures, possesses and maintains a permit from the county health unit, authorizing the use of the promises for such purpose. (2) In no event shall the owner or lessee or occupant of any premises keep, harbor, breed i or maintain at any one (1) time more than fifteen (15) hens and thirty (30) growing chicks. No roosters shall be kept, harbored, bred or maintained at any time. =. (3) No poultry, fowl or grazing -animal pens or _ houses shall be situated less than one hundred (100) feet from any human dwelling, and no poultry, fowlor grazing animal shall j + be permitted to run at large. (4) Poultry, fowl and grazing -animal pens shall be kept free from odors and free from fly _ + breeding. (5) All food used for poultry, fowl and grazing _ animals shall be kept in suitable containers with tight -fitting covers, so as to be inaccessible to rats. (6) All poultry or fowl droppings shall be removed from the pens at least twice weekly, wrapped in paper and placed in covered garbage cans for removal. Droppings shall not be used for fertilizer unless first treated so as to destroy fly maggots. (c) The limitations and restrictions set out in subsection (b) of this section shall not be applicable to poultry markets, provided that nothing herein contained shall be construed so as to authorize the operation of a poultry market in an insanitary manner and nothing contained in this section shall be construed to allow or permit the violation of any zoning ordinance of the city or ga to be in conflict therewith or, prevent the rezoning of any property, provided the zone requirements are met and complied with. 7y v (d) The limitations and restrictions contained in this r, section shall not be applicable to premises upon j' p` which guinea pigs, rabbits or chickens are kept, harbored, bred or maintained exclusively for clinical and medical research purposes, but this - subsection shall not be construed so as to authorize the use of such premises in an insanitary manner. i!() The limitations and restrictions contained in this section shall not be applicable to remises upon - which miniature, domesticated, potbellied -' Vietnamese pigs are kept, harbored or maintained exclusively as a pet, provided that no more than one (1) neutered ping is kegt per premise, and said pig shall not exceed a weight of fifty ( 50 ) pounds, but this subsection shall not be construed so as to authorize the use of such premises in an insanitary manner. Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of 1 this Ordinance are hereby repealed. F tf i 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. -3- Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this day = of .� , 1993. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this day of , 1993. XAVIER L. SUAREZ, MAYOR ATTEST: g. g MATTY HIRAI Y CITY CLERK PREPARED AND APPROVED BY: LINDA. KELLY KE SON i ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: r A. QU so III CITY ATTO LKK/pb/bss/M972 -4- CITY OF MIAMI, FLORIDA i INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members DATE � �� '- 5 093 FILE of the ty Commission SUBJECT Proposed Code Amendment: 4?'e�lo Domesticated Miniature Vietnamese Potbellied Pigs FROM Cesar H. Odlo REFERENCES City Manager Agenda Itemp; City Commission ENCLOSURES :Meeting of January 14, 1993 RECOMMENDATION: It is recommended that the Commission adopt the attached ordinance ascending Section 6-1 of the City Code to include pigs among animals defined as "grazing animals" and to allow a certain miniature, domesticated, potbellied, Vietnamese pig, with limitations. BACKGROUND This amendment was requested by an owner (Derek Murphree) of this domestic breed of pig (see attached letter) in a personal appearance at the City Commission meeting of November 12th, 1992. The City Comission then requested the Law Department to draft the requested amendment; the Planning, Building and Zoning Department has also assisted. The amendment is intended to accomplish two goals: (1) regulating a presently unregulated category of grazing animal; and (2) allowing a domesticated form of the animal, namely domesticated miniature potbellied Vietnamese pigs but to limit the number of animals per household to one. It is requested that this item be entered on the City Commission agenda of January 14, 1993. cc: Law Department 93- 22 0. ,, 8 2ree tile pot-Slly I - * Ms -Laurie Lutes Citryy of Miami City Manager 350D Pan American Drive Miami, FLA 33133 Dear Ms. Lutes, I would 11c m be put gn the September 10th agenda ig propose that the Cky C, L Pat --Belly Pigs weighing less than 100 lbs that arc-- t inside as IMLLSE PRTS, making thcm 1 g 1 in theMiami itg limits .1 have spoken to Mr. Joseph Genuarty in zoning administration who is of the opinion they should be considered house pets and is writing a letter reflecting this. He is planning on making a zoning amendment to this effect. My name is Derek Murphree, I live at 3156 Mary #C in Coconut Grove, 33133 and I have the privilege of being the owner of a registered miniature Vietnamese Pot -Bellied Pig. I-Iis name.is'P�iggamon and he weighs approximately 35 pounds, he is litter box trained, walks on a leash..Wi.a•-dog ;.but.he is cleaner and smarter than our dog. __ So fare'everytone:tn code:eatotcement is of the opinion that it is illegal to own one of these ��. r affec onate:house pets' -based on City; Code section 6-1. If I am not mistaken they are , :!r • GAS r.. .„. agto;a.�cii}oiLferringt "grazing animals." The definition of gracing animals is t � � psmothing about:pigs .should, however, point out that exotic miniature mese�?ot�elly'Pigs are.not-raised as "grazing animals," or livestock, but as indoor as _ �'�Iittle creatures.-tra` litter box trainable by the time they are weaned.. ew- or�Idl?i�ctic�nary defines:livestocls as "domestic -animals kept for use on a farm or ^saised:for..sale and.profit." The same dictionary defines pet as "an animal that is tamed and kept.as.,.a companion and treated with fondness." It is understandable that the city wants to ban large , squealing "bacon hogs" used for food; they should be confined to rural areas. But miniature Vietnamese Pot -Belly Pigs are raised in this country as house pets, not for food. I would like to respectfully request that the city commission act swiftly and join scores of other cities across the USA and revise the city code to specifically allow neutered Vietnamese Pot -Belly Pigs to be kept in the city of Miami. I thank you and Piggamon thanks you. 17 July, 1992 Phone 441-9257 93— 22 i;woz�)� f_,�