Ord. No. 18-85-1235ORDINANCENO.18-85-1235
AN ORDINANCE OF THE CITY OF SOUTH MIAMI,
FLORIDA AMENDING ARTICLE II,DOGS,OF
CHAPTER5OFTHE CODE OF ORDINANCES OF
THE CITY OF SOUTH MIAMI,FLORIDA,BY
ADDING SECTIONS 5-7 THROUGH 5-11 PRO
VIDING CERTAIN CONTROLS UPON ALL PERSONS
KEEPING,CARING,HARBORING OR HAVING IN
THEIR POSSESSION OR UNDER THEIR CONTROL OR
BEING THE OWNER OF OR HAVING AN INTEREST IN
ANY PIT BULL;PROVIDING FOR MUZZLING,
LEASHING AND RESTRAINING BY ENCLOSURE OF
SUCHDOGS;REQUIRING PUBLIC LIABILITY
INSURANCE;PROVIDING FOR DEFINITION:PRO
VIDING PENALTY;PROVIDING SEVERABILITY;
PROVIDING FOR REPEAL OF ALL ORDINANCES OR
PARTS THEREOF IN CONFLICT;PROVIDING FOR
INCLUSION INTO THE CITY CODE OF ORDINANCES
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA:
Section 1.That Article II,DOGS,of Chapter 5 of the Code
of Ordinances of the City of South Miami,Florida,beand the same 1s hereby
amended by addition Sections 5-7through 5-10,to-wit:
5-7 KEEPING,CARING,HARBORING,POSSESSION OR CONTROL OF
PIT BULL D06/S SHALL RlQUIRE LICENSE Oft PERMIT
All persons keeping,caring,harboring or having In their
possession or under their control or being the owner or
having any Interest in any pit bull dog or dogs shall
obtain fromthe City Clerka permit or license sotokeep
care,harbor or have in their possession or under their
control any such animal.
5-8 RECORD OF SUCH PERMIT OR LICENSE;PROOF OF INSURANCE
The City Clerk shall enter,inabooktobe kept for that
purpose,a record of the name,general description of such
animal,together witha 3x5 picture,for which such permit
or license be required together with the name and address
of the person so registering.Atthetimeof application,
theapplicantshallprovidetotheCityClerk evidence of
JnEnSm^el1!5!!1^1n,su.rar?ce Policy issued by an insurance^company so authorized toissue such policyintheStateof
Florida to such applicant,in effect forthe period of
licensing in an amount of not less than one million
($1,000,000)insuring each person for losses sustained by
reason ofbodilyinjury,property damage or both,proximately
causedbysuch licensed pit bull with an endorsement thereon
requiring notice totheCityClerk of any cancellation of
any such policy during the effective licensed year.
5"9 PERMIT OR LICENSE FEE AND PROVISIONS
Sl?f!!h?llnbnn?a!d for sucn perm1t 0r ^cense a fee of ten^l1?1*5,/*1?-0^for each such d°9 *>r which such permit isobtanedandtheCityClerkshallissueandfurnisht™such
applicant a tag setting forth identification number and
JSii inf°^dt °!1 :elative t0 said "«nsed dSJJhlch tagshallbeattachedbytheapplicanttosuchdog
i-9 (continued)
All permits or licenses so issued shall-expire at 5:00 PM
on the 30th day of August of each year and eyery year for
the year then ending for which such permit or license
shall have been issued and date of expiration of such
permit of license shall be stamped or printed on
prescribed tag.
The license or permit shall be subject to revocation by
the City Commission after a three day notice to the owner
of said dogs in the following events:
(a)In the event the City Commission advised that the said
dog is a vicious dog and has attached and bitten one
or more persons or is guilty of destruction of other
animals or fowl,A serious attack upon such person
or animal through biting shall be deemed destructive
inthesenseofthis ordinance.
(b)Where any dog whose license has been cancelled by the
*City Commission because of viciousness as herein
defined said dog is hereby declared to be inimical
to the public interest and a dangerous animal and 1t
1s hereby made the duty of the police officers of the
City of South Miami to contact Dade County Animal
Control for immediate removal of said dog or dogs
from the City's streets.This provision is hereby
declared to be necessary for the preservation and safety
of the community and for the protection of the residents
of the City;particularly the children.
5-10 LEASHANDMUZZLEPROVISIONS
All pit bulls shall,at all times,be under secure leash and
adequately muzzled so as to make it impossible for such dog
to bite whether on public or private property,except when
such animal is in a securly enclosed roofed structure on
private property.
5-11 DEFINITION
All references to pit bull/s shall mean any American Staffordshire
Staffordshire Terrier,or Staffordshire Bull Terrier or
orrAmerican Pit Bull Terrier.Pit Bulls shall also
include all mixed breeds except any mixed breed having less
than one-eighth (1/8)of its breed of the breed of American
Staffordshire Terrier or Staffordshire Bull Terrier or
Bull Terrier or American Pit Bull Terrier.
Section 2.Any violation of any provision of this Ordinance
shall be subject to the following penalty:a fine not to exceed $500 and/or
imprisonment in the County jail not to exceed sixty (60)days or both.
Section 3.If any section,sentence,clause or phrase of
this ordinance 1s held to be Invalid or unconstitutional by any court of competent
jurisdiction,then said holding shall in no way affect the validity of the remaining
portions of this ordinance.
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Section 4.It is the intention of .the City Commission that the
provisions of this ordinance shall become and be made a part of the South Miami City
Code;and that the sections of this ordinance may be renumbered or relettered and
the word "ordinance"may be changed to "section","article"or such other appropriate
word or phrase in order to accomplish such intentions.
!
Section 5.All ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
Section 6.This ordinance shall be in full force and
effectfromandafterNovember 15th,1985.
PASSED AND ADOPTED this 17th day of September ,1985.
APPROVED:..
ATTEST
MAYOR
APPROVEDASTO FORM:
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