HomeMy WebLinkAboutO-10508J-88-739
9/19/88 ORDINANCE NO. 10508
AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "ANIMALS & FOWL" BY ADDING ARTICLE
III, SECTION 6-29 ENTITLED "ENFORCEMENT OF
ANIMAL CONTROL", WHICH PROVIDES CIVIL
PENALTIES FOR VIOLATIONS OF CHAPTER 6 AND FOR
APPLICABLE PROCEDURES IN REGARD TO SAID
PENALTIES; CONTAINING A SEVERABILITY CLAUSE
AND REPEALER PROVISION.
WHEREAS, the Legislature of the State of Florida has enacted
Section 828.27, Florida Statutes, which provides that
municipalities may only enact ordinances relating to animal
control or cruelty which provide that a violation of said
ordinances is a civil infraction;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. A new Article III, Section 6-29, is hereby added
to the Code of the City of Miami, Florida, as amended, reading as
follows:
"ARTICLE III
Sec. 6-29. Enforcement of animal control.
(a) For the purposes of this article, the terms
hereinafter set forth shall be defined as follows:
"Animal" means any living dumb creature.
"Animal control officer" means any person
employed or appointed by the city who is
authorized to investigate, on public or
private property, civil infractions relating
to animal control or cruelty and to issue
citations as provided in this article. An
animal control officer is not authorized to
bear arms or make arrests.
"Control" means the regulation of the
possession, ownership, care, and custody of
animals.
"Cruelty" means any act of neglect, torture,
or torment that causes unjustifiable pain or
suffering of an animal.
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"Officer" means any law enforcement officer
defined in Section 943.10, Florida Statutes,
as amended, or any veterinarian defined in
Section 474.202, Florida Statutes, as
amended.
"Citation" means a written notice, issued to
a person by an officer, that the officer has
probable cause to believe that the person has
committed a civil infraction in violation of
this chapter and that the county court will
hear the charge. The citation shall contain:
1.
The
date
and
time of issuance.
2.
The
name
and
address of the person.
3.
The
date
and
time the civil infraction
was committed.
4.
The facts constituting
probable cause.
5.
The ordinance violated.
6.
The name and authority
of the officer.
7.
The procedure for the
person to follow
in order to pay the civil penalty or to
contest the citation.
8.
The applicable civil
penalty if the
person elects to contest
the citation.
9.
The applicable civil
penalty if the
person elects not
to contest the
citation.
10. A conspicuous statement that if the
person fails to pay the civil penalty
within the time allowed, or fails to
appear in court to contest the citation,
he shall be deemed to have waived his
right to contest the citation and that,
in such case, judgment may be entered
against the person for an amount up to
the maximum civil penalty.
(b) Any person violating any of the provisions of this
chapter shall be deemed guilty of a civil
infraction. During a one year period, each
violation of this chapter shall constitute a
separate offense. Violations of this chapter
shall be enforced as follows:
1. For the first violation, by a civil penalty
of $50.00, if the person who has committed
the civil infraction does not contest the
citation.
2. For the first violation, by a civil penalty
of $100.00, if the person who has committed
the civil infraction does contest the
citation and is found to have committed the
violation.
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IL 0508
3.
For the second violation, by a
civil penalty
of $200.00, if the person who
has committed
the civil infraction does not contest the
citation.
4.
For the second violation, by a
civil penalty
of $300.00, if the person who
has committed
the civil infraction does
contest the
citation and is found to have
committed the
violation.
5.
For the third violation and each additional
violation, thereafter, by a civil penalty of
$400.00, if the person who has
committed the
civil infraction does not
contest the
citation.
6.
For the third violation and each additional
violation, thereafter by a civil penalty of
$500.00, if the person who has
committed the
civil infraction does contest
the citation
and is found to have committed
the violation.
7. Any person who fails to pay the appropriate
civil penalty within the time provided on the
citation or who fails to appear in county
court to contest the citation, shall be
deemed to have waived his right to contest
the citation and judgment may be entered
against the person for an amount not to
exceed $500.00.
(c) An officer may issue a citation if he has probable
cause to believe that a person has committed an
act in violation of a section in this chapter.
(d) Any person who has been issued a citation for
committing an act in violation of a section of
this chapter may contest the citation in the
county court.
(e) Any person who willfully refuses to sign and
accept a citation issued by an officer shall be
guilty of a misdemeanor of the second degree,
punishable as provided by Section 775.082, Section
775.083, or Section 775.084, Florida Statutes, as
amended."
Section 2. If any section, part of section, paragraph,
clause, phrase, or word of this Ordinance shall be held to be
invalid, the remaining provisions of this Ordinance shall not be
affected.
Section 3. All ordinances or parts of ordinances insofar as
they are inconsistent or in conflict with the provisions of this
Ordinance are hereby repealed.
PASSED ON FIRST READING BY TITLE ONLY this 6th day of
October , 1988.
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10.508
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4
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 3rd day of November , 1988.
XAVIER L. SUA E , MAYOR
ATTEST:
)14 7
�IATTY I
CITY CLERK L'
PREPARED AND APPROVED BY:
,t(_t���i1t1-)
ADRIENNE L. FRIESNER
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
1
JO E NANDEZ
CIT ATTORN Y
ALF/ebr/M359
-4- 1Q508
MIAMI REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookie Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Review, a daily
(except Saturday, Sunday and Legal Holidays) newspaper,
published at Miami in Dade County, Florida; that the attached
copy of advertisement, being a Legal Advertisement of Notice
In the matter of
CITY OF MIAMI
NOTICE OF PROPOSED ORDINANCE
ORDINANCE NO.
RE: ANIMALS $ FOUL
In the .........x.. X .. x................. . ...... Court,
was published in said newspaper in the Issues of
October 21, 1988
Affiant further says that the said Miami Review is a
newspaper published at Miami in said Dade County, Florida,
and that the said newspaper has heretofore been continuously
published In said Dade County, Florida, each day (except
Saturday, Sunday and Legal Holidays) and has been entered as
second class mail matter at the post office In Miami In said
Dade County, Florida, for a period of one year next preceding
the first publication of the attached copy of advertisement; and
perso�er says that she has neither paid nor promised any
perso Iir or corporation any discount, rebate, commission
or re and for the purpose of securing this advertisement for
publ( at n in the�said newspaper.
ad before me this
y �f' A.D. 19... 8 8
y notary Public, St eC9f 16rlda at Large
.rt
(SEAL) f �'A(/QLt G �'�
My Commissio xes
FCORO,
MR 114
V
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Aurelio Lugones-Perez
Legislativ Administrator
FROM . JOr a rnandez
City Attor ey
DATE : September 19, 1988 FILE
SUBJECT : Proposed Animal Control
Ordinance - Chapter 6 of the
Code of the City of Miami, Fla.
REFERENCES: October 13, 1988 Agenda
City Commission Meeting
ENCLOSURES:
Pursuant to a request from the Police Department, we are
asking you to schedule the proposed emergency ordinance amending
Chapter 6, of the City Code as a first reading ordinance.
Please discard the ordinance which was sent to you on
September 6, 1988 and substitute the enclosed ordinance in its
place.
If you have any questions, please contact Adrienne L.
Friesner.
ALF/ebr/P349
cc: Vice -Mayor Rosario Kennedy
Chief Perry Anderson
Police Department
Judith Secher
Police Legal Unit
Officer Frank Chacon
Police Department
3H
10508
MIAMI REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookie Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Review, a daily
published at Miamit Saturday, InDade County, Floand Legal rida; that the attached
copy of advertisement, being a Legal Advertisement of Notice
In the matter of
CITY OF MIAMI
ORDINANCE NO. 10508
Inthe ...... X... X.. X .......................... Court,
was published in said newspaper In the Issues of
Nov. 25, 1988
Affiant further says that the said Miami Review is a
newspaper published at Miami in said Dade County, Florida,
and that the said newspaper has heretofore been continuously
Saturday,ISundIn ay and Dade
gel Holidays) and has beeach en anteeredeas
second class mail matter at the post office in Miami in said
Dade County, Florida, for a period of one year next preceding
the fir publication of the attached copy of advertisement; and
affia rther says that she has neither paid nor promised any
per n, firm or corporation any discount, rebate, commission
or fu d for the purpose of securing this advertisement for
pub Ic tion in t r♦p 19FMpa er.
`;..` O .'�9
•• Sworr{to•4.nd sdbscribed before me this
ZN of'OV,,•.�_..... A.D.19.8a..
,
s
�: v net Sanc
���, . • •t�ota,bI,p, State of ride at Large
(SEAL) �0RIDP`r````�
My Commiss(oPbipIodjVb%e 21, 1991.
MR 114A