151 ORDINANCE NO. ______ _
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3 An Ordinance amending the City of South Miami's Code of
4 Ordinances Chapter 5, Article 1, Section 5-1 to refine the City's
5 designation as a wildlife sanctuary.
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7 WHEREAS, widespread application of general insecticides kills all arthropods,
8 including pollinators such as bees, moths, and butterflies, and predators such as lacewings,
9 dragonflies, ladybird beetles, and spiders that serve as biological controls for pest species and
10 which reproduce much more slowly than their prey,
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12 WHEREAS, new research conducted at Florida International University on toxicity of
13 the sprayed insecticides used locally for mosquito control has shown these substances are deadly
14 to butterflies when used at the concentrations applied for mosquito control; and
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16 WHEREAS, widespread application of insecticides to control insect pests is ultimately
17 ineffective because of the rapid of evolution of insecticide resistance in fast-reproducing invasive
18 species such as the mosquito Aedes egypti, and because any adult black salt marsh mosquitoes
19 killed by insecticides are replaced by newly emerged adults the next day; and
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21 WHEREAS, the largest bat in North America, Florida bonneted bat (Eumops
22 jloridanus), resides in South Miami and is federally listed as an endangered species because of
23 population declines due to insecticide spraying; and
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25 WHEREAS, the Schaus swallowtail butterfly (Papilio aristodemus) was exterminated
26 from the Florida Keys by insecticide spraying to control mosquitoes; and
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28 WHEREAS, the Florida atala butterfly (Eumaeus atala jlorida) was believed to be
29 extinct until a few were discovered on Virginia Key and reintroduced into suburban areas,
30 including South Miami, where residents plant the native coontie cycad; and
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32 WHEREAS, the monarch butterfly (Danaus plexippus), common in South Miami, has
33 been nearly eliminated over North America by use of pesticides and is surviving only because of
34 sedentary populations in South Florida; and
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36 WHEREAS, South Miami's suburban areas inhabited by the Florida bonneted bat
37 (Eumops jloridanus), Florida atala butterfly (Eumaeus atala jlorida), and the monarch butterfly
38 (Danausplexippus), all of which are harmed by application of insecticides; and
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40 WHEREAS, public lands designated as "environmentally sensitive" may be exempted
41 under F.S. 388.4111 from wholesale application of insecticide by mosquito control districts.
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43 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
44 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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1 Section 1. Chapter 5, Article 1, Section 5-1 of the City of South Miami's Code of
2 Ordinances shall be amended to read as follows:
3
4 Sec. 5-1. City declared bird, wild fowl and ~wildlife sanctuary.
5 {ill The territory embracing the corporate limits of the city is hereby declared to
6 be a bird, wild fowl, and vvildlife sanctuary, and it shall be unlavlful to any person
7 or persons to harass, wound, trap or kill any bird(s), wild fo\vl or 'Nildlife \vithin
8 the territorial limits of the city.
9 For the purpose of this ordinance "wildlife" shall be defined as all native
10 birds, mammals, reptiles, and amphibians, and all animal species
11 otherwise protected by federal, state, or county law.
12 (at?) The definition of 'Nildlife shall be as follows: All wild or nondomestic birds,
l3 mammals, fur bearing animals, reptiles and amphibians.
14 The territory embracing the corporate limits of the city is hereby
15 declared to be a wildlife sanctuary and designated as "biologically
16 sensitive".
17 (Ql Removal. That 'Nildlife, as determined by the city manager as life
18 threatening, can be humanely trapped by certified private sector animal control
19 specialists for safe removal to a suitable location.
20 It shall be unlawful to any person or persons to harass, wound, poison,
21 capture, or kill wildlife within the territorial limits of the city, except as
22 part of a scientific study by individuals with appropriate federal and/or
23 state licenses and approval of the city manager.
24 (d)
25 It shall be unlawful to introduce into the public airspace broad-spectrum
26 insecticides or biocides within the territorial limits of the city that may
27 harm wildlife, the natural food supply for wildlife, pollinators, or natural
28 biological control species.
29 (c~)
30 Removal. Wildlife, not otherwise protected by federal or state law, that
31 create a significant threat to the health and/or safety of persons or other
32 animals, as determined by the city manager, can be humanely trapped
33 by state certified animal control specialists for relocation.
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35 Section 2: Codification. The provisions of this ordinance shall become and be made
36 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
37 ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word
38 "ordinance" may be changed to "section" or other appropriate word.
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40 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
41 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
42 shall not affect the validity of the remaining portions of this ordinance.
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44 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
45 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
46 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
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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 harmonize the
ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
to harmonize the two ordinances shall be repealed.
Section 5. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this __ day of _____ , 2014.
ATTEST:
CITY CLERK
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
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APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh: