HomeMy WebLinkAboutO-13533City of Miami
Legislation
Ordinance: 13533
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-00658 Final Action Date: 7/9/2015
AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A
TEMPORARY MORATORIUM ON FUTURE FACILITIES OFFERING THE RETAIL
SALE OR TRANSFER OF DOGS AND/OR CATS AS FURTHER DEFINED HEREIN,
FOR A PERIOD OF THREE HUNDRED SIXTY FOUR (364) 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 has engaged in ongoing due diligence efforts with existing retail
businesses that sell dogs and/or cats and that maintain current building permits, certificates of use,
and business tax receipts; and
WHEREAS, there is pending litigation in the Southern District of Florida, Maryeli's Lovely Pets,
Inc. v. City of Sunrise, Case No. 2014-cv-61391, challenging the City of Sunrise's ordinance limiting
pet stores to selling animals from shelters, rescue groups, humane societies and hobby breeders;
WHEREAS, the City wishes to wait until a final decision is entered in Maryeli's Lovely Pets,
Inc. v. City of Sunrise to propose permanent legislation to address the sale of mass-produced dogs
and/or cats by substandard breeding facilities for sale to the public; and
WHEREAS, a temporary three hundred sixty four (364) day moratorium on the acceptance of
applications or issuance of permits for new Retail Sales Facilities for Dogs and/or Cats, including but
not limited to building permits, certificates of use, and business tax receipts, will allow for a resolution
of the pending case of Maryeli's Lovely Pets, Inc. v. City of Sunrise; 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:
City of Miami
Page 1 of 2 File Id: 15-00658 (Version: 2) Printed On: 3/13/2018
File Number: 15-00658 Enactment Number: 13533
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 new
Retail Sales Facilities for Dogs and/or Cats.
Section 3. This moratorium shall apply solely to applications for permits, including but not
limited to building permits, certificates of use, and/or business tax receipts for new 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. This
moratorium shall not apply to existing Retail Facilities for dogs and/or cats.
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 three hundred sixty four (364) 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 thereof.{1}
Footnotes:
{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: 15-00658 (Version: 2) Printed On: 3/13/2018