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HomeMy WebLinkAboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City of Miami Ordinance 14206 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14256 Final Action Date: 9/28/2023 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 6/ARTICLE I/SECTION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ANIMALS/IN GENERAUANIMALS NOT TO RUN AT LARGE; EXCEPTIONS," TO AMEND THE SECTION TO BE COMPATIBLE WITH OTHER SECTIONS OF THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, on January 26, 2023, Ordinance 14137 was adopted by the City of Miami, Florida ("City") City Commission to amend Chapter 38 regarding leashing of pets in public parks; and WHEREAS, it is not the intention of the City that the leashing requirement provided for in Chapter 38 of the City Code to be negated by Section 6-2(b) of the City Code which restricts animals movement in public; and WHEREAS, it is the intent of the City that domestic animals in parks be required to be leashed so that all present may enjoy their experiences without hinderance; and WHEREAS, this`minor amendment is in the best interests and promotes the health, safety and welfare of the residents of the City; 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 and incorporated as if fully set forth in this Section. ,,; r :' i � c::� rye' Section 2. Chapter 62 of the City Code is further amended in the follow particulars:' t-) t:') . "CHAPTER 6 / ARTICLE I ( ' r" ill ANIMAL / IN GENERAL / ANIMALS NOT TO RUN AT LARGE; EXCEPTIQNS: � " .r.- * * * Sec. 6-2. - Animals not to run at large; exceptions. (a) No animal kept, harbored, maintained or possessed by any person in the city shall be permitted to run at large or to remain in or upon public or private property unless the animal is 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 2 File ID: 14256 (Revision: A) Printed On: 12/6✓2023 14256 Legislation -SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 14256 Enactment Number: 14206 under the actual or direct control of its keeper by a rope, chain, leash or suitable device, or is kept within an enclosed area capable of preventing the animal from escaping therefrom. Any person owning, possessing or having control or custody of any animal shall be held strictly responsible for compliance with this section, and it shall be no defense to a prosecution under this section that the defendant did not personally allow, permit or countenance the animal to run at large or roam in the city. (b) This section shall have no application to dogs and cats, except as limited by Section 38- 57. * *„ 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. Section 4. This Ordinance shall become effective immediately after final reading and adoption thereof.' APPROVED AS TO FORM AND CORRECTNESS: I dez, Attor eK y 7/11/2023 dez, i Attorjiey ) 11/8/2023 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 2 File ID: 14256 (Revision: A) Printed on: 12/6/2023 SUBSTITUTED * nu11I111111 * ItU o City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14256 Final Actio sate: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPT 6/ARTICLE I/SECTION 2 OF THE CODE OF THE CITY OF MIAMI, FLORI►A, AS AMENDED ("CITY CODE"), TITLED "ANIMALS/IN GENERAUANIMALS OT TO RUN AT LARGE; EXCEPTIONS," TO AMEND THE SECTION TO BE COMP TIBLE WITH OTHER SECTIONS OF THE CITY CODE; CONTAINING A SEVE : ILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, on December 26, 2023, Ordinance 14137 was a• -pted by the City of Miami, Florida ("City") City Commission to amend Chapter 38 regarng leashing of pets in public parks; and WHEREAS, it is not the intention of the City that the I : - shing requirement provided for in Chapter 38 of the City Code to be negated by Section 6-2( of the City Code which restricts animals movement in public; and WHEREAS, it is the intent of the City that do stic animals in parks be required to be leashed so that all present may enjoy their experie es without hinderance; and WHEREAS, this minor amendment is i e best interests and promotes the health, safety and welfare of the residents of the Ci NOW, THEREFORE, BE IT ORD, ED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and dings contained in the Preamble to this Ordinance are adopted and incorporated as if f set forth in this Section. Section 2. Chapter 6 of the City Code is further amended in the follow particU!Prs:'., r_7 "CHAPTER 6 / ARTICLE I c o-ri ANIMAL / I ENERAL / ANIMALS NOT TO RUN AT LARGE; EXCEPTIONS �► W Yfrye, .. Sec. 6-2. - A als not to run at large; exceptions. r- (a) No - imal kept, harbored, maintained or possessed by any person in the city shall be permitte• o run at large or to remain in or upon public or private property unless the animal is under t- - actual or direct control of its keeper by a rope, chain, leash or suitable device, or is kept thin an enclosed area capable of preventing the animal from escaping therefrom. Any per •n owning, possessing or having control or custody of any animal shall be held strictly r:. ponsible for compliance with this section, and it shall be no defense to a prosecution under 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 Dnd unchanged material. _ u City o1 Miami File ID: 14256 (Revision:) Printed On: 9/19/2023 SUBSTITUTED this section that the defendant did not personally allow, permit or countenance the animal to run at large or roam in the city. (b) This section shall have no application to dogs and cats, except as limited by Section 38- 57. Section 3. If any section, part of section, paragraph, clause, phrase, or word o is Ordinance is declared invalid, the remaining provisions of this Ordinance shall not b -ffected. Section 4. This Ordinance shall become effective immediately after final ading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: 1 Cri k 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 Jierein. whichever is later. City of Miami File ID: 14256 (Revision:) Printed On: 9/19/2023