Ord. No. 26-85-1243•}
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ORDINANCE NO.26-85-1243
AN ORDINANCE OFTHE CITY OF SOUTH MIAMI,FLORIDA,
AMENDINGORDINANCENO.18-85-1235BY DELAYING THE
EFFECTIVE DATE THEREOF TO JANUARY 15TH,1986,AS
PERTAINING TO ARTICLE II,DOGS,OF CHAPTER 5OF
THE CODE OF ORDINANCES OF THT"CITY OF SOUTH MIAMI
FLORIDA,BY ADDING SECTIONS 5-7 THROUGH 5-11
PROVIDINGCERTAINCONTROLSUPONALLPERSONS
KEEPING,CARING,HARBORING OR HAVING IN THEIR
POSSESSION ORUNDERTHEIRCONTROLORBEINGTHE
OWNEROFORHAVINGANINTERESTINANYPITBULL;
PROVIDING FOR MUZZLING,LEASHING AND RESTRAINING
BY ENCLOSURE OF SUCH DOGS;REQUIRING PUBLIC
LIABILITY INSURANCE;PROVIDING FOR DEFINITION;
PROVIDING PENALTY;PROVIDING SEVERABILITY;PRO
VIDINGFORREPEALOFALLORDINANCESORPARTSOF
.ORDINANCES IN CONFLICT;PROVIDING FOR INCLUSION
INTOTHECITYCODEOF ORDINANCES ANDPROVIDINGAN
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 5of the Code
of Ordinances of the City of South Miami,Florida,be and the same Is hereby
amended by addition Sections 5-7 through 5-io,to-wit:
5-7 KEEPING,CARING,HARBORIKG,POSSESSION OR CONTROL OF
PIT BULC DM/5 3hALl KTQUfRE LICENSE OR PEWIT
All persons keeping,caring,harboring or having In their
possession or under their control or being the owner or
having any Interest 1n any pit bull dog or dogs shall
obtain froa the City Clerk a permit or license so to keep
care,harbor or have 1n 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,in a book to be kept for that
purpose,a record of the name,general description of such
animal,together with a 3x5 picture,for which such permit
or license be required together with the name and address
of the person so registering.At the time of application,
the applicant shall provide to the City Clerk evidence of
a public liability Insurance policy Issued by an Insurance.company so authorized to Issue such policy In the State of
Florida to such applicant,In effect for the period of
licensing In an amount of not less than one million
($1,000,000)Insuring each person for losses sustained by
reason of bodily Injury,property damage or both,proximately
caused by such licensed pit bull with an endorsement thereon
requiring notice to the City Clerk of any cancellation of
any such policy during the effective licensed year.
5'9 PERMIT OR LICENSE FEE AND Pfiflvmn^
There shall be paid for such permit or license a fee of ten
S!1}"^11^^'f?r each *uch d°9 for which suchilr^itlSobtanedandtheCityClerkshallIssueandfurnish^suchapplicantatagsettingforthIdentificationSand°r*C Information relative to said licensed dSTSich Jaashallbeattachedbytheapplicanttosuchdog9
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5-9 (continued!
All permits or licenses so Issued shall expire at 5:00 PM
on the 30th day of August of each year and ewtry 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
1n the sense of this ordinance.
(b)Where any dog whose license has been cancelled by the
•City Commission because of viclousness 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 1s 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 LEASH AND MUZZLE PROVISIONS
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 Terrier,or Staffordshire Bull Terrier or
or.'American Pit Bull Terrier.Pit Bullsshall also
Include all mixed breeds except any mixed breed having less
than one-eighth (1/8)of Us breed of the breed of American
Staffordshire Terrier or Staffordshire 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 1n 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 1s 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 1n order to accomplish such Intention.
Section 5.All ordinances or parts of ordinances 1n conflict herewith be,
and the same are hereby repealed.
Section 6.This ordinance shall be 1n full force and effort from and after
January 15th,1986.
PASSED AND ADOPTED this 3rd day of December .1985.
APPROVED:
mm
ATTEST:
CITY CLERK
APPROVEDASTO FORM:
Passed on 1st Reading:11/19/85
Passed on 2nd Reading:
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