61 RESOLUTION NO. _____ _
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3 A Resolution requesting and encouraging the Miami-Dade County Board of
4 County Commissioners to uphold the County's ordinance banning pit bull
5 ownership and opposing the placing of such issue on the ballot for the
6 upcoming elections.
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8 WHEREAS the Miami-Dade County Board of Commissioners are posed to put a
9 question on the ballot allowing the voters to decide whether the current ban on pit bull ownership
10 should be repealed; and
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12 WHEREAS the enactment of the ban arose from the higher incidence of dog attacks
13 from pit bulls compared to other breeds; and
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15 WHEREAS a study conducted by the Center for Disease Control and Prevention
16 (CDC) found that there appears to be a breed-specific problem since the highest percentage
17 of human fatalities from dog attacks was caused by pit bulls and Rottweilers despite the
18 fact that the percentage of pit bull and Rottweiler ownership is, statistically speaking,
19 significantly lower than the ownership of all breeds of dogs owned in the United States; and
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21 WHEREAS historically pit bulls were specifically bred for traits such as aggression,
22 tenacity in biting and holding 'prey' and a tendency to fight so that they could be used for bear or
23 bull baiting and bloodsports; and
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25 WHEREAS it not likely that the typical owner is capable, or willing, to 'train out' the
26 breed's instinct to fight; and
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28 WHEREAS pit bulls require a level of vigilance from their owners that is likely to be
29 beyond what a typical dog owner is willing to provide, which lack of vigilance would increase
30 the likelihood of an attack; and
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32 WHEREAS the Current state law, section 767.14, allows local restrictions and provides
33 that:
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"[n]othing in this act shall limit any local government from placing further restrictions or
additional requirements on owners of dangerous dogs or developing procedures and
criteria for the implementation of this act, provided that no such regulation is specific to
breed and that the provisions of this act are not lessened by such additional regulations or
requirements. This section shall not apply to any local ordinance adopted prior to October
1, 1990."; and
WHEREAS the Current Miami-Dade County ordinance, section 5-17.6(b), concerning
pit bulls that was enacted at the end of 1989 with an effective date of April 14, 1989
provides:
"(b) No pit bull dogs may be sold, purchased, obtained, brought into Miami-Dade
County, or otherwise acquired by residents of Miami-Dade County anytime after the
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passage of ninety (90) days after the effective date of Ordinance Number 89-22. No such
newly-acquired pit bull dogs may be kept, maintained, or otherwise harbored within
Miami-Dade County, and each day any such newly-acquired pit bull is so kept,
maintained, or harbored shall constitute a separate violation of this section." ; and
WHEREAS the move to change the state statute, that has been reported by the Miami
Herald, was introduced into the Florida Legislature this session, but according to the Miami
Herald article, it has been stuck in committee with time running out to get it to the floor for a
vote; and
WHEREAS it appears from newspaper articles that one or more Miami-Dade County
Board of County Commissioners may be attempting a compromise to keep the statute from going
to a vote in the Florida Legislature by putting the question to the Miami-Dade County voters.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. The City of South Miami supports the ban on pit bull ownership and the City
is opposed to putting the repeal of the current pit bull ban on the ballot for voter approval. The
City Clerk is hereby instructed to transmit this resolution to the Miami-Dade County Board of
County Commissioners.
Section 2. If any section clause, sentence, or phrase of this resolution is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect
the validity of the remaining portions of this resolution.
Section 3. This resolution shall become effective immediately upon adoption by vote of
the City Commission.
PASSED AND ADOPTED this __ day of ,2012.
ATTEST: APPROVED:
CITY CLERK MAYOR
READ AND APPROVED AS TO FORM, COMMISSION VOTE:
LANGUAGE, LEGALITY AND Mayor Stoddard:
EXECUTION THEREOF Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
CITY ATTORNEY Commissioner Welsh:
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