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1 Ordinance No. ____ _
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3 An Ordinance amending Article II, Section 5-7-5-11 of the City of South
4 Miami's Code of Ordinances and to enact Section 5-11 to regulate dogs and
5 to require the removal of dog waste, derming the offense and establishing
6 penalties.
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8 WHEREAS, owners of animals are responsible for their proper care and control; and
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10 WHEREAS, City residents are entitled to be free of nuisances created by animals,
11 including the failure of owners to pick up dog excrement; and
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13 WHEREAS, dog owners should be responsible for picking up waste left by their dogs
14 and disposing of it properly; and
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16 WHEREAS, the City has created a dog park where owners of dogs are permitted to
17 allow their dogs to roam freely within the fenced park without a leash and under the owner's
18 supervision and control; and
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20 WHEREAS, owners of dogs have been allowing their pets to defecate on public and
21 private property that is not their own without removing the excrement, including in the City's
22 dog park.
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24 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
25 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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27 Section 1. The City of South Miami's Code of Ordinances, Chapter ---is hereby
28 amended to add Sections 5-7-5-11. -Reserved which shall read as follows:
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30 Sections. 5-7-5-aQ. -Reserved.
31 Section 5-11. Removal of Animal Excrement.
32 Ca) It shall be unlawful for any person owning, possessing, harboring or having the
33 care, charge, control or custody of any animal that deposits any fecal matter on public or
34 private property within the city (other than upon the property of the owner of the animal)
35 to fail to immediately remove and thereafter properly dispose of the fecal matter, unless
36 the owner or person in lawful possession of the property in question has consented to
37 such depositing of fecal matter. For the purpose of compliance with this section, animal
38 fecal matter shall be immediately removed by placing the matter in a closed or sealed
39 container and thereafter disposing of it by depositing the matter in a trash receptacle,
40 sanitary disposal unit, or other closed or sealed container.
41 (b) This section shall not apply to blind or handicapped persons accompanied by a
42 dog used for assistance in accordance with the law. It shall be unlawful for any person to
43 (c) A violation of this ordinance shall be punishable for the issuance of a fine to the
44 offending person in the amount of $ for the first offense and $ for
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each succeeding violation of this ordinance.
Section 2. Codification. The provisions of this ordinance shall become and be made
part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
ordinance may be renumbered or re-lettered to accomplish such intention; and that the word
"ordinance" may be changed to "section" or other appropriate word.
Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this ordinance.
Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
sections 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 harmonize the
ordinances. If the ordinance in conflict can be harmonized by amending its tenus, 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 _____ , 2015.
ATTEST:
CITY CLERK
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Edmond:
Commissioner Harris:
Commissioner Welsh:
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