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18CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM 2001 To: The Honorable Mayor and Members of the City Commission From: Date: Subject: Background: Cost: Hector Mirabile, PhD, City Manager Agenda Item # __ I--'.fl __ _ November 29, 2011 A proposed City of South Miami Peacock Ordinance to protect peafowl and their eggs. Providing for severability, ordinances in conflict, and an effective date. The City of South Miami, Florida wishes to enact a Peacock Ordinance to prohibit the taking, attempting to take, hunting, molesting, capturing, or killing any peafowl, their nests or eggs, by any means, whether or not such actions result in obtaining possession of peafowl or their nests or eggs. No fiscal impact. Backup Documentation: Miami-Dade County Code, Section 5-2.9 A peacock ordinance was passed to protect peafowl and their eggs, by the Miami-Dade County Commission in September, 2001. A peacock ordinance was passed to protect peafowl and their eggs, by the Miami-Dade County Commission in September, 2001. ' Click County Code http://library. mu nicode. com/index. aspx?ciientl D= 1 0620&statel D= 9&statename=Florida NOTE: Call Specialists if you need to report a crime about peacocks, please call the prospective police in that municipality or unincorporated Miami. Instructions once at site: Click Chapter 5 -Animals and Fowls; click on Article 1. In General; click on Section 5-2.9 Taking of peafowl prohibited The following is the specific section. Sec. 5-2.9. Taking of peafowl prohibited. (a) It shall be unlawful for any person to take any peafowl. (b) As used in this Section, "take" means taking, attempting to take, hunting, molesting. capturing, or killing any peafowl, their nests or eggs, by any means, whether or not such actions result in obtaining possession of peafowl or their nests or eggs. © Penalties. Any person violating this Section shall be punished by a fine not to exceed five hundred dollars ($500.00), or imprisonment for up to thirty (30) days, or by both such fine and imprisonment, for each separate violation of this Section. (d) Exceptions. (1) The prohibitions of this section shall not apply on property zoned for agricultural use and used for a bona fide agricultural purpose. (2) Nothing in this section shall prevent a property owner from removing peafowl from his or her own property in a manner that does not physically injure the peafowl. (Ord. No. 01-132, § 1, 9-13-01) Peacock ordinance in Miami Dade County Revised 8,.7-08 1 ORDINANCE NO. ______ _ 2 An Ordinance amending Chapter 5 of the City code prohibiting the 3 taking of peafowl to protect peafowl and their eggs; providing 4 definitions; providing for enforcement and penalties. 5 WHEREAS, peafowl (also known as peacocks) are being attacked by individuals 6 and intentionally run over with motor vehicles; and, 7 WHEREAS, the City desires to adopt regulations to protect the City'S peafowl. 8 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 9 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 10 Section 1: A new Article III shall hereby be added to Chapter 5, Animals and 11 Fowl, of the City'S Code of Ordinances to read: 12 Article III: Peafowl. 13 Sec. 5-17. Taking of Peafowl Prohibited: It is unlawful for any person to take 14 peafowl unless such fowl is owned by said person. 15 Sec. 5-17. Definitions. 16 The following words, terms and phrases, when used in this division, shall have the 17 meaning ascribed to them in this section, except where the context clearly indicates a 18 different meaning: 19 Take means taking, attempting to take, hunting, molesting capturing, or killing 20 any peafowl, their nests or eggs, by any means, whether or not such actions result in 21 obtaining possession of peafowl or their nests or eggs; 22 Sec. 5-18. Penalties: Any person violating this Section shall be punished by a fine 23 as set forth in the City'S Fee Schedule, or imprisonment for up to thirty (30) days, or by 24 both such fine and imprisonment, for each separate violation of this Section 25 26 Section 2: Codification. The provisions of this ordinance shall become and be 27 made part of the Code of Ordinances of the City of South Miami as amended; that the 28 sections of this ordinance may be renumbered or re-lettered to accomplish such intention; 29 and that the word "ordinance" may be changed to "section" or other appropriate word. 30 31 Section 3. Severability. If any section, clause, sentence, or phrase of this 32 ordinance is for any reason held invalid or unconstitutional by a court of competent 33 jurisdiction, this holding shall not affect the validity of the remaining portions of this 34 ordinance. 35 Page lof2 1 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all 2 section and parts of sections of ordinances in direct conflict herewith are hereby repealed. 3 However, it is not the intent of this section to repeal entire ordinances, or parts of 4 ordinances, that give the appearance of being in conflict when the two ordinances can be 5 harmonized or when only a portion of the ordinance in conflict needs to be repealed to 6 harmonize the ordinances. If the ordinance in conflict can be harmonized by amending 7 its terms, it is hereby amended to harmonize the two ordinances. Therefore, only that 8 portion that needs to be repealed to harmonize the two ordinances shall be repealed. 9 10 Section 5. Effective Date. This ordinance shall become effective upon 11 enactment. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 PASSED AND ENACTED this __ day of _____ , 2011. 30 31 ATTEST: CITY CLERK 1st Reading 2 nd Reading READ AND APPROVED AS TO FORM: LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY 32 w:\my documents\resolutions\ordinance -peacocks nov 2011.doc Page 2 of2 APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Newman: Commissioner Beasley: Commissioner Palmer: Commissioner Harris: