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ORDINANCE NO:
An Ordinance of the Mayor and City Commission of the City of South
Miami, Florida, amending Chapter 5 of the City code to require removal
and proper disposal of animal fecal matter; providing definitions;
providing for enforcement and penalties; providing for severability,
conflicts, and an effective date.
WHEREAS, animal fecal matter has been determined to contain high numbers of
bacteria that are potentially harmful to humans; and
WHEREAS, some animal owners do not collect and properly dispose of their
animal's fecal matter; and
WHEREAS, uncollected animal fecal matter can be transported by stormwater
runoff into streams and water bodies; and
WHEREAS, the failure to remove and properly dispose of animal fecal matter
deposited on public and private property as described herein constitutes a public nuisance
and a menace to the public health and safety of the City and its inhabitants; and
WHEREAS, the City needs to control the transport of bacteria from animal fecal
matter; and
WHEREAS, the City Commission desires to adopt regulations to require the
removal and proper disposal of animal fecal matter deposited on property other than the
premises of the owner of the animal.
Now, Therefore, Be It Ordained by the City Commission of the City of South
Miami, Florida:
SECTION 1. 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
Page 1 of 4
I Sec. 5 -16. Definitions.
2 The following words, terms and phrases, when used in this division, shall have the
3 meanings ascribed to them in this section, except where the context clearly indicates a
4 different meaning:
5 Animal means any domesticated animal or any captive wild animal.
6 Legal responsibility means, for the purpose of this section, the owner as hereinafter
7 defined shall be considered legally responsible for:
8 (1) The actions of an animal; and
9 (2) The care of an animal.
10 In the absence of written proof of ownership, all adult members of the household
11 shall be considered legally responsible.
12 Open space, common, means land within or related to a development, owned by a
13 homeowner's association or condominium association (not individually owned or
14 dedicated for public use) which is designed and intended for the common use or
15 enjoyment of the residents of the development and may include such complementary
16 structures and improvements as are necessary and appropriate.
17 Open space, public, means open space owned by a public agency and maintained by it for
18 the use and enjoyment of the general public.
19 Owner means any person, partnership, corporation or other legal entity owning, harboring
20 or keeping any animal, or in the case of a person under the age of 18 years of age, that
21 person's parent or legal guardian.
22 Proper disposal means placement of animal fecal matter in an enclosed container, such
23 as, but not limited to, a plastic or paper bag, and thereafter depositing it in a refuse
Page 2 of 4
I container which is regularly emptied by the City or some other refuse collector; or
2 depositing the animal fecal matter into a system designed to convey domestic sewage for
3 proper treatment and disposal; or burying the animal fecal matter on the property of the
4 animal's owner.
5 Public place means any street, sidewalk, park, cemetery, schoolyard or open space
6 adjacent thereto, lake, stream, or other water body.
7 Recreation facility, active, means recreation lands and improvements that are facility
8 oriented, e.g., swimming pools, court sports, field sports, shuffleboard courts, recreation
9 centers, equipped play areas, fishing piers, boat ramps.
10 Recreation facility, passive, means recreation lands and improvements that are natural
11 resource oriented, e.g., hiking and nature trails, picnicking, camping, canoeing, biking,
12 horseback riding, archaeological and historical sites.
13 Sec. 5 -17. Removal of animal waste; violation; enforcement.
14 (a) The owner of, or person with legal responsibility for, any animal shall remove
15 and properly dispose of any fecal matter deposited by his/her animal on public places,
16 active or passive recreation areas, common or public open spaces, or private property
17 other than the premises of the owner of the animal. It shall be a violation of this section
18 for an owner to fail to remove and properly dispose of any fecal matter so deposited.
19 (b) This Section shall be enforced in the manner provided by Chapter 162, Florida
20 Statutes.
21 (c) Exceptions. This section shall not apply to persons who are blind or visually
22 impaired and who are accompanied by a trained dog used for assistance.
Page 3 of 4
I SECTION 2. SEVERABILITY AND CONFLICT: If any portion of this
2 Ordinance is declared by a Court of competent jurisdiction to be invalid or unenforceable
3 such declaration shall not be deemed to affect the remaining portions of this Ordinance.
4 All ordinances or parts of ordinances in conflict herewith are hereby repealed to the
5 extent of such conflict.
6 SECTION 3. EFFECTIVE DATE: This Ordinance shall be effective upon
7 adoption on Second reading.
8 PASSED AND ADOPTED this _ 2010.
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11 ATTEST:
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15 CITY CLERK
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18 1 ST Reading —
19 2nd Reading —
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22 READ AND APPROVED AS TO FORM
23 AND SUFFICIENCY:
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27 CITY ATTORNEY
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APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris: