HomeMy WebLinkAboutLegislation FR/SRCity of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 14-00892 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A
TEMPORARY MORATORIUM ON FACILITIES OFFERING THE RETAIL SALE OR
TRANSFER OF DOGS AND/OR CATS AS FURTHER DEFINED HEREIN, FOR A
PERIOD OF ONE HUNDRED EIGHTY (180) DAYS FROM THE EFFECTIVE DATE;
SETTING FORTH THE GEOGRAPHIC AREA COVERED; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission has determined that the City of Miami ("City") desires to
prohibit the sale of mass-produced dogs and/or cats by substandard breeding facilities for sale to the
public, many of which are sold at certain Retail Sales Facilities; and
WHEREAS, Retail Sales Facilities for Dogs and/or Cats means any retail establishment that is
open to the public that sells, transfers, or offers for sale or transfer, dogs and/or cats, including
puppies and/or kittens, regardless of the age of the dog and/or cat; and
WHEREAS, the City needs a period of time in which City staff may review studies regarding
the retail sale of dogs and/or cats produced at substandard breeding facilities, in order to draft
appropriate and responsible regulations regarding the same; and
WHEREAS, a temporary one hundred eighty (180) day moratorium on the acceptance of
applications or issuance of permits for Retail Sales Facilities for Dogs and/or Cats, including but not
limited to building permits, certificates of use, and business tax receipts, will allow time for staff to
complete the aforementioned activities, and to determine the adequacy of application criteria and
standards and other approval processes related to the issuance of said permits within the City; and
WHEREAS, this ordinance is enacted in compliance with Florida Statutes Section 166.041(3)(c);
and
WHEREAS, the City Commission, after careful consideration of the matter, deems it advisable
and in the best interest of the general welfare of the City and its inhabitants to temporarily halt the
acceptance of applications and issuance of permits for Retail Sales Facilities for Dogs and/or Cats, as
hereinafter set forth;
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
by reference and incorporated as fully set forth in this Section.
Section 2. There is imposed, during the time that this Ordinance is in effect as specified in
Section 5 below, a moratorium on the acceptance, review, and action upon permit applications,
including but not limited to building permits, certificates of use, and/or business tax receipts for Retail
Sales Facilities for Dogs and/or Cats.
City of Miami
Page 1 of 2 File Id: 14-00892 (Version: 1) Printed On: 9/2/2014
File Number: 14-00892
Section 3. This moratorium shall apply solely to applications for permit applications, including
but not limited to building permits, certificates of use, and/or business tax receipts for Retail Sales
Facilities for Dogs and/or Cats filed after the effective date of this Ordinance, and shall not affect
complete applications on file for such permits filed prior to the effective date of this Ordinance.
Section 4. Nothing in this Ordinance should be construed or applied to abrogate the vested
right of a property owner to develop or utilize his/her property in any other way commensurate with
zoning and other regulations.
Section 5. The moratorium imposed by this Ordinance is temporary and, unless repealed
earlier by the City Commission, shall automatically dissolve one hundred eighty (180) days from the
effective date of this Ordinance, whichever occurs first.
Section 6. A temporary moratorium established in this ordinance shall be effective in the
corporate municipal boundaries of the City.
Section 7. If any section, part of a section, paragraph, clause, phrase or word of this
Ordinance is declared invalid, the remaining provisions of the Ordinance shall not be affected.
Section 8. This Ordinance shall become effective thirty (30) days after final reading and
adoption there{1}
APPROVED A`S TO— OI M AND CORRECTNESS:
VICTORIA MEND
CITY ATTORNEY
Footnote
{1} If the Mayor does not sign this Ordinance, it shall become effective at the end of ten (10)
calendar 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.
City of Miami Page 2 of 2 File Id: 14-00892 (Version: 1) Printed On: 9/2/2014