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3To: From: Date: Subject: Background: Cost: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor and Members of the City Commission Hector Mirabile, Ph.D, City Manager South Miami hOd ~rfrp 2001 November 29, 20 I I 03 Agenda Item # __ q~""'-__ _ 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 hUp://library. municode. com/index. aspx?clientl 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 Imown 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 nsed 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 1 of2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all section and parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances, that give the appearance of being in conflict when the two ordinances can be harmonized or when only a portion of the ordinance in conflict needs to be repealed to hannonize the ordinances. If the ordinance in conflict can be hannonized by amending its terms, it is hereby amended to hannonize the two ordinances. Therefore, only that portion that needs to be repealed to hannonize the two ordinances shall be repealed. Section 5. Effective Date. This ordinance shall become effective upon enactment. PASSED AND ENACTED this __ day of ,2011. ATTEST: APPROVED: CITY CLERK MAYOR 1st Reading 2nd Reading READ AND APPROVED AS TO FORM: LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY COMMISSION VOTE: Mayor Stoddard: Vice Mayor Newman: Commissioner Beasley: Commissioner Palmer: Commissioner Harris: 32 w:\my documents\resolutions\ordinance -peacocks nov 2011.doc Page 2 of2 MIAMI DAilY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays MiamI, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami D~ily Business Review flk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING 1216/2011 in the XXXX Court, was published in said newspaper in the issues of 11/25/2011 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither p . . ed any person, firm or corporation any discou ate, commissio or refund for the purpose of se ement fo ublication in the said wspaper. subscribed before me this 2011 (SEAL) MARIA MESA personally known to me