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HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hannon, City Clerk FROM: Victoria Mendez, City Attorney% for DATE: February 6, 2023 RE: Ordinance No. 14137 — Amend Code - Chapter 38 - Failure to Leash - Parks File No. 12927 At its January 26, 2023, meeting, the City Commission adopted the above referenced agenda item, SR.1, raising the fine for allowing dogs off their leash to $500.00. The item inadvertently published with a typographical error. The Legislation has been corrected and incremented to Revision C. VM/JAG/RSGD/vja Enclosure(s) ).9 a a/4w*. particulars:' City of Miami Ordinance 14137 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12927 Final Action Date: 1/26/2023 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PARKS AND RECREATION/USE REGULATIONS"; MORE PARTICULARLY BY AMENDING SECTION 38-57 OF THE CITY CODE, TITLED "DOMESTIC ANIMALS IN PARKS," TO RAISE THE FINE FOR ALLOWING DOGS OFF THEIR LEASH TO $500.00; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Commissioner Joe Carollo WHEREAS, currently Section 38-57 of the Code of the City of Miami, Florida, as amended ("City Code"), titled "Domestic animals in parks," only provides for a $10.00 to $50.00 fine for allowing dogs to be in a public park without a leash; and WHEREAS, in many public parks, unleashed dogs have created a problem among walkers and runners and also due to distance from their owners created a situation where their fecal matter is not removed; and WHEREAS, the current fine system is diminimis and does not create the necessary punishment to stop the illegal activity; and WHEREAS, the last time this Section of the City was updated was in 1986; and WHEREAS, it is in the health, safety and welfare interests of the residents of the City of Miami that the fine amount be raised; 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 if fully set forth in this Section. Section 2. Chapter 38/Article II of the City Code is further amended in theif Mowing 17) "CHAPTER 38 PARKS AND RECREATION co 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. City of Miami Page 1 of 3 File ID: 12927 (Revision: C) Printed On: 2/7/2023 File ID: 12927 Enactment Number: 14137 ARTICLE V. USE REGULATIONS Sec. 38-57. Domestic animals in parks. Subject to the following exceptions, no person having the control or care of a domestic animal shall cause or permit such animal to enter or remain in a public park. Any person violating this section shall be fined not Ie„€ than $10.00 and not more than $50.00 for each such violation,, as follows: (1) First Offense: $50.00 (2) Second Offense: $250.00 (3) Third and Subsequent Offense: $500.00 This subsection shall be enforceable pursuant to Section 38-48 as well as Chapter 2, Article X of the City Code. The above prohibition shall not apply to a dog if: (1) The dog is only allowed within such areas as have been designated or approved by the department of parks and recreation; or (2) The dog is kept securely fastened to a leash strong enough to prevent its running free of the leash. * * *If Section 3. If any section, part of a 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 immediately upon final reading and adoption thereof.2 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) 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. City of Miami Page 2 of 3 File ID: 12927 (Revision: C) Printed on: 2/7/2023 Enactment Number: 14137 File ID: 12927 APPROVED AS TO FORM AND CORRECTNESS: -7f1 CAD City of Miami Page 3 of 3 File ID: 12927 (Revision: C) Printed on: 2/7/2023 City of Miami Ordinance 14137 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12927 Final Action Date: 1/26/2023 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PARKS AND RECREATION/USE REGULATIONS"; MORE PARTICULARLY BY AMENDING SECTION 38-57 OF THE CITY CODE, TITLED "DOMESTIC ANIMALS IN PARKS," TO RAISE THE FINE FOR ALLOWING DOGS OFF THEIR LEASH TO $500.00; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Commissioner Joe Carollo WHEREAS, currently Section 38-57 of the Code of the City of Miami, Florida, as amended ("City Code"), titled "Domestic animals in parks," only provides for a $10.00 to $50.00 fine for allowing dogs to be in a public park without a leash; and WHEREAS, in many public parks, unleashed dogs have created a problem among walkers and runners and also due to distance from their owners created a situation where their fecal matter is not removed; and WHEREAS, the current fine system is diminimis and does and does not create the necessary punishment stop the illegal activity; and WHEREAS, the last time this Section of the City was updated was in 1986; and WHEREAS, it is in the health, safety and welfare interests of the residents of the City of Miami that the fine amount be raised; 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 Ord)nance. are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 38/Article II of the City Code is further amended in trie•:follovvrng particulars:1 "CHAPTER 38 PARKS AND RECREATION 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. City of Miami Page 1 of 3 File ID: 12927 (Revision: B) Printed On: 2/6/2023 File ID: 12927 Enactment Number: 14137 ARTICLE V. USE REGULATIONS Sec. 38-57. Domestic animals in parks. Subject to the following exceptions, no person having the control or care of a domestic animal shall cause or permit such animal to enter or remain in a public park. Any person violating this section shall be fined not less than $10.00 and not more than $50.00 for each such violation, as follows: (1) First Offense: $50.00 (2) Second Offense: $250.00 (3) Third and Subsequent Offense: $500.00 This subsection shall be enforceable pursuant to Section 38-48 as well as Chapter 2, Article X of the City Code. The above prohibition shall not apply to a dog if: (1) The dog is only allowed within such areas as have been designated or approved by the department of parks and recreation; or (2) The dog is kept securely fastened to a leash strong enough to prevent its running free of the leash. *„ Section 3. If any section, part of a 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 immediately upon final reading and adoption thereof.2 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) 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. City of Miami Page 2 of 3 File ID: 12927 (Revision: B) Printed on: 2/6/2023 Enactment Number: 14137 File ID: 12927 APPROVED AS TO FORM AND CORRECTNESS: 2023 m ' t City of Miami Page 3 of 3 File ID: 12927 (Revision: 8) Printed on: 2/6/2023 City of Miami Legislation Ordinance File Number: 12927 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PARKS AND RECREATION/USE REGULATIONS"; MORE PARTICULARLY BY AMENDING SECTION 38-57 OF THE CITY CODE, TITLED "DOMESTIC ANIMALS IN PARKS," TO RAISE THE FINE FOR ALLOWING DOGS OFF THEIR LEASH TO $500.00; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, currently Section 38-57 of the Code of the City of Miami, Florida, as amended ("City Code"), titled "Domestic animals in parks," only provides for a $10.00 to $50.00 fine for allowing dogs to be in a public park without a leash; and WHEREAS, in many public parks, unleashed dogs have created a problem among walkers and runners and also due to distance from their owners created a situation where their fecal matter is not removed; and WHEREAS, the current fine system is diminimis and does and does not create the necessary punishment stop the illegal activity; and WHEREAS, the last time this Section of the City was updated was in 1986; and WHEREAS, it is in the health, safety and welfare interests of the residents of the City of Miami that the fine amount be raised; 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 if fully set forth in this Section. Section 2. Chapter 38/Article II of the City Code is further amended in th oilovyig particulars:11 o., "CHAPTER 38 PARKS AND RECREATION ARTICLE V. USE REGULATIONS Sec. 38-57. Domestic animals in parks. '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 unchanaed material. City of Miami File ID: 12927 (Revision: A) Printed On: 1/4/2023 Subject to the following exceptions, no person having the control or care of a domestic animal shall cause or permit such animal to enter or remain in a public park. Any person violating this section shall be fined not le-s than $10.00 and not more than $50.00 for each such violation, as follows: (1) First Offense: $50.00 (2) Second Offense: $250.00 (3) Third and Subsequent Offense: $500.00 The above prohibition shall not apply to a dog if: (1) The dog is only allowed within such areas as have been designated or approved by the department of parks and recreation; or (2) The dog is kept securely fastened to a leash strong enough to prevent its running free of the leash. VI Section 3. If any section, part of a 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 immediately upon final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) 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. City of Miami File ID: 12927 (Revision: A) Printed On: 1/4/2023 City of Miami Legislation Ordinance File Number: 12927 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PARKS AND RECREATION/USE REGULATIONS"; MORE PARTICULARLY BY AMENDING SECTION 38-57 OF THE CITY CODE, TITLED "DOMESTIC ANIMALS IN PARKS," TO RAISE THE FINE FOR ALLOWING DOGS TO OFF THEIR LEASH TO $500.00; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, currently Section 38-57 of the Code of the City of Miami, Florida, as amended ("City Code"), titled "Domestic animals in parks," only provides for a $10.00 to $50.00 fine for allowing dogs to be in a public park without a leash; and WHEREAS, in many public parks, unleashed dogs have created a problem among walkers and runners and also due to distance from their owners created a situation where their fecal matter is not removed; and WHEREAS, the current fine system is diminimis and does and does not create the necessary punishment stop the illegal activity; and WHEREAS, the last time this Section of the City was updated was in 1986; and WHEREAS, it is in the health, safety and welfare interests of the residents of the City of Miami that the fine amount be raised; 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 if fully set forth in this Section. Section 2. Chapter 38/Article II of the City Code is further amended in the foJII:owing_; particulars:1 "CHAPTER 38 PARKS AND RECREATION ARTICLE V. USE REGULATIONS Sec. 38-57. Domestic animals in parks. co 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. City of Miami File ID: 12927 (Revision:) Printed On: 11/8/2022 Subject to the following exceptions, no person having the control or care of a domestic animal shall cause or permit such animal to enter or remain in a public park. Any person violating this section shall be fined not less than $10.00 and not more than $50.00 for each such violation, as follows: (1) First Offense: $50.00 (2) Second Offense: $250.00 (3) Third and Subsequent Offense: $500.00 The above prohibition shall not apply to a dog if: (1) The dog is only allowed within such areas as have been designated or approved by the department of parks and recreation; or (2) The dog is kept securely fastened to a leash strong enough to prevent its running free of the leash. *11 Section 3. If any section, part of a 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 immediately upon final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: w= W 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) 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. City of Miami File ID: 12927 (Revision:) Printed On: 11/8/2022