23I ORDINANCE NO:
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3 An ordinance of the Mayor and City Commission of the City of South
4 Miami, Florida, amending Chapter 5 of the City Code to require
5, removal and proper disposal of animal fecal matter; providing
6 definitions; providing for enforcement and penalties; amending
7 Chapter 1 of the City code to remove the reference to Municipal
8 Court in the catchall penalty provision of the City Code and clarifying
9 that the County Court has jurisdiction to adjudicate violations of
10 municipal ordinances; providing for severability, conflicts, and an
11 effective date.
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13 WHEREAS, animal fecal matter has been determined to contain high numbers of
14 bacteria that are potentially harmful to humans; and
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16 WHEREAS, some animal owners do not collect and properly dispose of their
17 animal's fecal matter; and
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19 WHEREAS, uncollected animal fecal matter can be transported by stormwater
20 runoff into streams and water bodies; and
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22 WHEREAS, the failure to remove and properly dispose of animal fecal matter
23 deposited on public and private property as described herein constitutes a public nuisance
24 and a menace to the public health and safety of the City and its inhabitants; and
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26 WHEREAS, the City needs to control the transport of bacteria from animal fecal
27 matter; and
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29 WHEREAS, the City Commission desires to adopt regulations to require the
30 removal and proper disposal of animal fecal matter deposited on property other than the
31 premises of the owner of the animal.
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33 WHEREAS, municipal courts in Florida have been abolished for over thirty years
34 and the penalty provision of the City Code needs to be updated to clarify that the County
35 Court, pursuant to Chapter 34, Fla. Star., has exclusive jurisdiction over prosecutions of
36 municipal ordinance violations.
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38 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
39 OF THE CITY OF SOUTH MIAMI, FLORIDA:
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41 SECTION 1. Section 1 -8 of the City Code is amended to read:
42 Sec. 1 -8. General penalty; continuing violations.
43 Whenever in this Code or in any ordinance of the City any act is prohibited or is
44 made or declared to be unlawful or an offense, or whenever in such code or ordinance the
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doing of any act is required or the failure to do any act is declared to be unlawful, where
no specific penalty is provided, therefore, the violation of any such provision of this code
or any ordinance shall be punished by a fine not exceeding five hundred dollars or
imprisonment for a term not exceeding six months, or by both such fine and
imprisonment in the discretion of the County munie4qal court. Each day any violation of
any provision of this Code or of any ordinance shall continue, shall constitute a separate
offense.
In addition to the penalties hereinabove provided, any condition caused or
permitted to exist in violation of any of the provisions of this Code or any ordinance shall
be deemed a public nuisance and may be, by the City, abated as provided by law, and
each day that such condition continues shall be regarded as a new and separate offense.
SECTION 2. New Article III, is added to Chapter 5, Animals and Fowl, of the
City Code to read:
Article III. Removal and Disposal of Animal Fecal Matter
Sec. 5 -16. Definitions.
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Animal means any domesticated animal or any captive wild animal.
Legal responsibility means, for the purpose of this section, the owner as hereinafter
defined shall be considered legally responsible for:
(1) The actions of an animal; and
(2) The care of an animal.
In the absence of written proof of ownership, all adult members of the household
shall be considered legally responsible.
Open space, common, means land within or related to a development, owned by a
homeowner's association or condominium association (not individually owned or
dedicated for public use) which is designed and intended for the common use or
enjoyment of the residents of the development and may include such complementary
structures and improvements as are necessary and appropriate.
Open space, public, means open space owned by a public agency and maintained by it for
the use and enjoyment of the general public.
Owner means any person, partnership, corporation or other legal entity owning, harboring
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or keeping any animal, or in the case of a person under the age of 18 years of age, that
person's parent or legal guardian.
Proper disposal means placement of animal fecal matter in an enclosed container, such
as, but not limited to, a plastic or paper bag, and thereafter depositing it in a refuse
container which is regularly emptied by the City or some other refuse collector; or
depositing the animal fecal matter into a system designed to convey domestic sewage for
proper treatment and disposal; or burying the animal fecal matter on the property of the
animal's owner.
Public place means any street, sidewalk, park, cemetery, schoolyard or open space
adjacent thereto, lake, stream, or other water body.
Recreation facility, active, means recreation lands and improvements that are facility
oriented, e.g., swimming pools, court sports, field sports, shuffleboard courts, recreation
centers, equipped play areas, fishing piers, boat ramps.
Recreation , facility, passive, means recreation lands and improvements that are natural
resource oriented, e.g., hiking and nature trails, picnicking, camping, canoeing, biking,
horseback riding, archaeological and historical sites.
Sec. 5 -17. Removal of animal waste; violation; enforcement.
(a) The owner of, or person with legal responsibility for, any animal shall remove
and properly dispose of any fecal matter deposited by his /her animal on public places,
active or passive recreation areas, common or public open spaces, or private property
other than the premises of the owner of the animal. It shall be a violation of this section
for an owner to fail to remove and properly dispose of any fecal matter so deposited.
(b) A violation of this section is punishable as set forth in Section 1 -8 of the City
Code.
(c) Exceptions. This section shall not apply to persons who are blind or visually
impaired and who are accompanied by a trained dog used for assistance.
SECTION 3. SEVERABILITY AND CONFLICT: If any portion of this
Ordinance is declared by a Court of competent jurisdiction to be invalid or unenforceable
such declaration shall not be deemed to affect the remaining portions of this Ordinance.
All ordinances or parts of ordinances in conflict herewith are hereby repealed to the
extent of such conflict.
SECTION 4. EFFECTIVE DATE: This Ordinance shall be effective upon
adoption on Second reading.
PASSED AND ADOPTED this _ day of 2010.
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ATTEST:
[a)I CO)p91 N 1
1St Reading -
2nd Reading -
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
WAMy Documents\resolutions \Ordinance pooper scooperAwis rev by ca.doc
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W
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Beasley:
Commissioner Palmer:
Commissioner Harris: