HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Todd B. Hannon, City Clerk 8/�jp � for
FROM: Victoria Mendez, City Attorne
DATE: November 8 2023
RE: Ordinance No. 14206 — Amend Code - Chapter 6 — Cross-reference
File No. 14256
At its September 28, 2023, meeting the City Commission adopted the above referenced
agenda item, SR.1, amending Chapter 6, Article I, Section 2 of the Code of the City of Miami,
Florida, as amended ("City Code"), titled "Animals/In General/Animals not to run at large;
Exceptions," to amend the Section to be compatible with other Sections of the City Code. The
item inadvertently published with a typographical error in the first whereas clause.
The Legislation has been corrected and incremented to Revision A.
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Enclosure(s)
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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.
Section 2. Chapter 62 of the City Code is further amended in the follow particulars:' Lamal
"CHAPTER 6 / ARTICLE I
ANIMAL / IN GENERAL / ANIMALS NOT TO RUN AT LARGE; EXCEPTIONS: t.0
27.
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
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:
: 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
* Ittttt 111111 *
It IS
O
City of Miami
Legislation
Ordinance
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14256 Final Action Date:
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 December 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.
Section 2. Chapter 62 of the City Code is further amended in the follow particulprs:1.,
"CHAPTER 6 / ARTICLE I ��' rri
ANIMAL / IN GENERAL / ANIMALS NOT TO RUN AT LARGE; EXCEPTIONS °
Yfrye, ..
Sec. 6-2. - Animals not to run at large; exceptions. r-
(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
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
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
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.2
APPROVED AS TO FORM AND CORRECTNESS:
w
rri
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