12I).,
1 Ordinance No. ____ _
2
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.
7
8 WHEREAS, owners of animals are responsible for their proper care and control; and
9
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
12
13 WHEREAS, dog owners should be responsible for picking up waste left by their dogs
14 and disposing of it properly; and
15
16 WHEREAS, Commissioner Welsh and the Over-the-Hill Gang have constructed a dog
17 park where owners of dogs are permitted to allow their dogs to roam freely within the fenced
18 park without a leash and under the owner's 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.
23
24 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
25 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
26
27 Section 1. The City of South Miami's Code of Ordinances, Chapter 5, Article II is
28 hereby amended to add Sections 5-7-5-11. -Reserved which shall read as follows:
29
30 Sections. 5-7-5-1·1-.Q. -Reserved.
31 Section 5-11. Removal of Animal Excrement.
32 (a) It shall be unlawful for any person owning, possessing, harboring or having the
33 care. charge, control or custody of any arrifl'H!! dog that deposits any fecal matter on
34 public or private property within the city (other than upon the property of the owner of
35 the animal) to fail to immediately remove and thereafter properly dispose of the fecal
36 matter, unless the owner or person in lawful possession of the property in question has
37 consented to such depositing of fecal matter. For the purpose of compliance with this
38 section, animal fecal matter on pavement or grass shall be immediately removed by
39 placing the matter in a closed or sealed container and thereafter disposing of it by
40 depositing the matter in a trash receptacle, sani1:a!y disposal unit, or other closed or sealed
41 container.
42 (b) This section shall not apply to blind or handicapped persons accompanied by a
43 dog used for assistance in accordance with the law. It shall be unlawful for any person to
44 (c) A violation of this ordinance shall be punishable for the issuance of a fine to the
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offending person in the amount of $ 25 for the first offense and $ 50 for 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 ofthe 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 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 _____ , 2015.
ATTEST:
CITY CLERK
1 st 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:
2
!!~~"!i_~~O J MiamiH~~~~I!.! _________________ " ____________ """,,~_9_~,~!,,_"_~-I~!!_" ______ " .. __ ,_". __ , ___ , __ ~_",_"",,,,,,,,,,_-2~~t:!.~~y.:..~~,~}2.201S l!~
COURTS
Vuitton v. Swap Shop case goes to trial
BY PAU1.A MCMAHON
SunSenl1nel
Coming Monday to a
South Florida courtroom: A
battle royal. between luxury
bmnd Louis Vuitton and the
Swap Shop flea market o~r
designer knockoffs.
''If you were playing p0-
ker, would you let someone
see YCUl: hand while you're
still playing?" Henn said.
"[Renn] .is worth proba-
bly close to three-quarters
of a billion do11ars.~ SclJafer
told U.S. District Judge Wil-
liam Zloch in court. "This
isn't some mom-and-pop
operation."
flea markets and drive-in tionisnotsufEringanydam-
movie theaters in Lauder-age or brand confusion be-
hill, Lake Worth and 1lunpa. cause of a few such alleged
The Henns work long hoUls sales, the defense argues.
gaUy sold -new -only at
Louis Vuitton stores, the
company's online store and
some upscale department
stores. Henn could be playing a
risky hand. If jurors side
with Louis Vuitton, Henn
might have to pay damages
between $1.000 and $2 mil·
lion fer each prooren trade-
mark violation.
at the Swap Shop, monitor Thedesigneritems arele-
PlI!:stonHenn might have
thought the.&.shion indust-
ryWllS done 'Withhim about
a year ago when he settled
similar allegations byCoach
for$5.5million -anamolUlt
the eccentric Swap Shop
owner called "pocket
change" at the time.
Henn wouldn1 put an es-
timate on his personal
the 88-acrepropertyvia se-~[~~~~;:::::~~';,i;;;;iiii;=l curity camenIS and patrol it
by golf cart.
The lawsuit concerns Ili~~~~~~~~~~;;~;;;:'
'Ibis time, Henu vows he
will fight the e:J:pensive
French designer brand's
claims against him, his 'Wife
Betty and their iconic busi·
ness on Sunrise Boulevard
in Lauderhill,
Louis Vuitton is seeldng
millions of dollars in thefed-
eOil civil lawsuit, alleging
that the Henns contributed
to the counterfeiting of its
trademark designs and
products by continuing to
lease space to flea market
tenants they knew, or
should bave known. were
selling fake Louis Vuitton
items.
Henn, 84, told the Sun
Sentinel he regrets settling
the Coach lawsuit in De-
cember 2013 after just two
days of testimony and said
he plllDS to fight the Louis
Vuitton case all the way,
though he won't reveal trial
strategy.
Legal experts say each
suitcase, handbag or wallet
could count for several vio-
lations. The design on the
leather or filbric, the label,
theclasp andotherparts can
each count as a separate
breach and the penalties can
swiftly add up.
Louis Vuitton has not
specified how many possi-
ble trademark violations it
alleges took place in the
four-year period ccwered by
the lawsuit. The luxury
brand sells luggage, hand-
bags, wallets. clothing and
other items fOl: hundceds
and thousands of dollars
apiece.
The case will be closely
watched by other Cashion
and luxury brands because
it is so unusual for these
kinds of contributory trade-
mark lawsuits to make it to
trial. Defendants usually
settle because the stakes are
sohigh.legaJ. experts said.
Louis Vuitton's lead trial
lawyer HaI:ry Schafer said
heplans to make Henn's sig-
nificant personal wealth a
feature of the trial.
FRED GRIMM t IN MY OPINION
""""'. "They can say anything
they want to," Henn said.
''My wife and 1 work seven
days a week and it's almost
241'/."
If Louis Vuitton 'Wins,
Scha&r told the trial judge
he will seek hetty damages,
partly because Henn char-
acterizedhis$5.5milllonset-
tlement with Coach as
"pocket cb.mge" in minter-
view 'With the SUn Sentinel.
''It's going to take a heck
ofalot more thanthatto de-
ter Mr; Henn," Scbafer said.
SclJafer azgues that Henn
and his wife deliberately
turned a blind eye to the sale
offake designer goOds at the
flea market. Their motive,
Scha.f'er says, was to make
moremoney.
Several Ia.w enfurt:ement
raids, many arrests and re-
peated notifications Crom
Louis '\fflitton and other de-
signer brands mean the
Henns have long been a:w:ue
theIr flea market is well
known as "the pIa.ce to go if
one is looking to purchase
counterfeit items}' accoItling
to the louis Vuittonlawsuit
Reno's empire includes
Louis Vuitton fakes sold
only at the Lauderhill prop-
erty, which has more than
1,000 spaces for traders, al4-
screen drive-in, rood court,
amusementrides,'paidpark-
ing and Henn's impressive
IllCecarco.\l.l!ction.
Louis Vuitton estimated
in court records that the
Lauderhill property alone
"is a multimillion dollar
business that is worth an
eight-or nine-figure for-
tune" to the Henns.
Reno's
Bruce Rogow and
Osber, will argue that
reasonable people who
"Louis VUitton" at the Swap
Shop dorrt believe they are
purchasing the real thing.
And the designer's reputa-
Scott could take reform lessons from Georgia
• GRIMM, fROM IB Hewas outraged by what he
found. ''If one ofyoUl kids
ed prison education pro-were kept in such circum·
gJ:3lDS. The famously con-stances, you'd be up there
servative governor has with rifles," l<irksaid..
pushed through programs Scott ought to try an un-
aimed at reducing the num-announced visit to a Florida
ber of juveniles and adult prison.Hemighthaveasi:m-
l~~~~~~l~~'~: accountability .
HScotthad asudden urge
to demonstrate leadership,
real he could convince state rep-
the resentatives to support
that would
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOf(CE IS IIEREOY gi~'l;m IhallOO City Comml8~ioJl ofthe CIIy ofSmuh Miami. Florida will C(lndu<:t l'ubllc Headllg(s) at it\>
roguhu City (~n'1l1jssi(ln meeting scheduled for DIC"'"" \pri! 21 201-'; beginning. at 7:00 p.m., in the City Com.mission ChamhCTh'.
6130 SUllscrDrivIl. tn con~idl:r fh~ fuJlnwin{litcrn(s):
A R£solmton autOOrizing tllc Cily MaO"glT 10 cmtwin~l a Me ),<!arCfJOml<t CxlI.'l!.ilon wiihAlfic El(>l;IroDics.
A RC!KIIUlion am~nding the CJlyofSOulb Miami' Pay Plan.
(
Au Ordinllnce amc,willllA.";cleH, SecnonS-7-5-1 [oflheCilyofSO'JlhMiamil!CCMle ofCll'dimoc.es and loenact Seo.'1ion )
5-1 I 10,"!,TUlare dogs and ttl requlre rhe r<!lJH.IVal of dogWolstc, dclroing the otl'onsc;!lId estllbliming p=lriC3.
An .o.n1in3J'li>l ~cndir~ Sec~n .[5.93. lilled ·,!"Ui ...... 'OO81ing blowcn<, ptlWl.I: fan~, or inlOOlal crn.nbu.IIiom atlginc,··,
re-Ilrlmg Ih!: mom"nee. 1U=8SlI1g '10 !00[le. definmg <!tretl~.~ and e.lmbilshill£ pmalu ....
All Ordirumce amendil!Jl Srx:ti0ll2fJ..4.2 ofthcCity ofSourn ),1iami'sLandDm1llopDlwr Code to add. clarifY andfor modify
C~;~~ ~ ~~~~.~:~;:~ %: ::; r~"i:.!~~~:_~::i.''1tJ <If all plm orn:-plali requirinllllp~trVlIl by Mi3mi{l~dc<
ALL int~'resloo partiC3 8rll invited!/) otll:lld aodwiJl bo heaui
I'orfucther informatioJl,pl"llSe contact the City Clerkll Offlce at: J05-663_634().
Maria M. Mencn<lc~. ('Me'
CilyCk'rk
~"""t '0 ~1'".,da. StaM,," 286.01O~.lh. (;j,y hereby oulvi,.,. the pubUG tilol ira pCfSIln cloold .. III appcoJ lUll' d;:cl.i~n mw by ~,i. Bo.rt!,Ag ... oy
'''' Commi.,";oo "';~l "",""01 t<I ""Y m.tto:, con,idcrcd., i!Sm".~nJ!. or hooTIng. 00 or ,h. ",II need a "",on! Ql'th<>pmcccdlngs • ."d lh.>E for ""eh JI'''P'''''. nlT.ctod Jl"""" =y "<:ed 1<1 """un! thol. V¢<ba,ilIl ","oni "fU,~ """,.oding.;. U)pde which m:onl i"dud<. the ' .. ~mo!lY ""d,widMce
"I">n wj,ir.h <.he "1'(103) i. W Ix: b .. <ed.
Dl(fEA)I.'DTIME:Tu~ldllY. M;rj 12,2015at H):OO(l.lIc(Solrond\\\nk!iltop)
PLACE fOIt MEETING: Kaillicen C. WrlShIAdminimation Bulldinl!-
Scbooilloard M:etinS Roo1n, 600 SE 3" A'''l1Il<l. ForI r.","d.rdak:. Fl.
School Bol",d Ilf I:1rowa.d ('41mty. i'lmid~ prohibits any policy '"
",,"dIS in di>c~millation ~R 100 N8i~ of.ge, oo]"r .
. II . mati"'l. . or =uol
Iii tl
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I, .•
MIAMI DAIL YBUSINESS 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 p"ersonally appeared
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review flkla" 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
NOTICE OF PUBLIC HEARING 4/2t/2015
in the XXXX Court,
was published in said newspaper in the issues of
04/10/2015
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, fora
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 paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this advertisement for publication in the said neWS?;jJ?
Sworn to and subscribed before me this
" oo,~~"
(SEAL)
MARIA MESA personally known to me
.0. V, FERBEVRE
NOlary Public -Sial. of Florida
My Comm. Expire. Ju19, 201B
Commission /I FF 102821