Ord No 03-16-2236ORDINANCE NO. 03-16-2236
An Ordinance amending Chapter 5, Article 1, of the City of South Miami's
Code of Ordinances by adding Section 5-7, "Retail Sale of Cats and Dogs".
WHEREAS, "puppy mills" or "kitten factories," ("Facilities") are substandard breeding
facilities that mass-produce animals for sale to the public; and
WHEREAS, according to the Humane Society of the United States, more than a million
dogs and cats in the United States are housed and bred each year at these Facilities; and
WHEREAS, because of the lack of proper animal husbandry practices at these Facilities,
animals born and raised there are more likely to have genetic disorders and to lack adequate
socialization. In addition, animals bred in these Facilities are subject to inhumane housing
conditions and are indiscriminately disposed of when they reach the end of their profitable
breeding cycle; and
WHEREAS, many animals produced in these Facilities are purchased by retail pet stores
for sale to the public; and
WHEREAS, while not all dogs and cats sold in retail pet stores are the product of
inhumane breeding conditions and not every commercial breeder selling dogs or cats to pet
stores operates "puppy mills" or "kitten factories," the City Commission believes that puppy
mills and kitten factories continue to exist, in part, because of public demand fueled by the
availability of dogs and cats in pet stores leading to "impulse" purchases of animals; and
WHEREAS, the City Commission believes that restricting the retail sale of dogs and cats
in the City will promote community awareness of animal welfare and, in tum, will foster a more
humane environment in the City; and
WHEREAS, the restriction of the retail sale of dogs and cats in pet stores in the City will
reduce impulse purchases of pets (which can lead to abandonment or mistreatment of the animals
once they have outgrown their initial puppy or kitten appeal), the restriction will also encourage
pet consumers to adopt dogs and cats from shelters where purchasers will be screened for their
suitability with respect to the animal, thus reducing the likelihood that the animal will be
mistreated or abandoned. This will in tum save animals' lives and reduce the cost to the public of
sheltering animals.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. CHAPTER 5, ARTICLE 1, is hereby amended to read as follows:
Chapter 5 -ANIMALS AND FOWL
ARTICLE I. -IN GENERAL
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Ord. No. 03-16-2236
Sec. 5-7 -Retail Sale of Dogs and Cats -Definitions
F or the purpose of this ordinance the tenus hereinafter set forth shall be defined as
follows:
1.
2.
3.
4.
5.
6.
7.
"Animal shelter" means a public animal shelter or duly incorporated
nonprofit organization devoted to the rescue, care and adoption of stray,
abandoned or surrendered animals, and which does not breed animals.
"Cat" means an animal ofthe Felidae family of the order Carnivora.
"Certificate of source" means a document declaring the source of the dog
or cat sold or transferred by the pet store. The certificate shall include the
name and address of the source of the dog or cat.
"Dog" means an animal of the Canidae family of the order Carnivora.
"Existing pet store" means any pet store or pet store operator that
displayed, sold, delivered, offered for sale, offered for adoption, bartered,
auctioned, gave away, or otherwise transferred cats or dogs in the City on
the effective date of this article and complied with all applicable
provisions of the Code of Ordinances.
"Pet store" means a retail establishment open to the public and engaging in
the business of offering for sale and/or selling animals at retail.
"Pet store operator" means a person who owns or operates a pet store, or
both.
8. "Retail sale" includes display, offer for sale, offer for adoption, barter,
auction, give away, or other transfer of any cat or dog.
Sec. 5-7.1 -Prohibition.
No pet store shall display, sell, deliver, offer for sale, barter, auction, give away, or
otherwise transfer or dispose of dogs or cats in the City on or after the effective date of
this section.
Sec. 5-7.2 -Existing Pet Stores.
An existing pet store may continue to display, offer for sale, offer for adoption, barter,
auction, give away, or otherwise transfer cats and dogs until
Sec. 5-7.3 -Exemptions.
This article shall not apply to:
1. A person or establishment that sells, delivers, offers for sale, barters,
auctions, gives away, or otherwise transfers or disposes of only animals
that were bred and reared on the premises of the person or establishment;
2. A publicly operated animal control facility or animal shelter;
3. A private, charitable, nonprofit humane society or animal rescue
organization; or
4. A publicly operated animal control agency, nonprofit humane society, or
nonprofit animal rescue organization that operates out of or in connection
with a pet store.
Sec. 5-7.4 -Certificate of source.
1. A pet store shall post and maintain in a conspicuous place, on or within
three (3) feet of each animals' kennel, cage or enclosure, a Certificate of
Source for each dog or cat offered for sale or transfer, and the pet store
shall provide a copy of such Certificate of Source to the purchaser or
transferee of any dog or cat sold or transferred.
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Ord. No. 03-16-2236
2. Any law enforcement officer or employee of a county animal shelter may,
at any time, request to review copies of such certificates and, upon such
request, the pet store operator must present such certificates at that time
and without delay.
3. Falsification of a Certificate of Source by a pet store, pet store operator, or
any other person shall be deemed a violation of this section.
Sec. 5-7.5 -Adoption of Shelter and Rescue Animals.
Nothing in this article shall prevent a pet store or its owner, operator or employees from
providing space and appropriate care for animals owned by a publicly operated animal
control agency, nonprofit humane society, or nonprofit animal rescue agency and
maintained at the pet store for the purpose of adopting those animals to the public.
Sec. 5-7.6 -Violations.
A violation of this section for which a citation is issued is a civil infraction subject to the
enforcement procedures set forth in Sec.1-8 of the City of South Miami Code of
Ordinances.
Section 2. Codification. The provisions of this ordinance shall become and be made
part of the Land Development Code of the City of South Miami as amended; that the sections of
this ordinance may be renumbered or re-Iettered 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.
Section 5. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this 19thday of January ,201 6.
3
APPROVED:
JIJff!~
COMMISSION VOTE: 4-1
Mayor Stoddard: Yea
Vice Mayor Harris: Yea
Commissioner Edmond: Yea
Commissioner Liebman: Nay
Commissioner Welsh: Yea
SUNDAY IAliIlAllY 10 2016
MlAMIHERAlO'(OM
THREE KINGS DAY CELEBRATED
NEIGHBORS 135SE
Ol
P~DYR08£IITOKOl.TUJi~1d.conI
Executives from the Little Havana Kiwanis helped the Three Wise Men deliver more than
400 toys In Little Havana to children of low-income families in three centers around
Miami-Dade County on Wednesday. At right. Adonis Valdez receives his gift and meets the
Three WISe Men during the event Three Kings' Day is a Christian feast day that celebrates
the visit of the Magi to the Christ child ailer his birth in Bethlehem.
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given thattbe City Commission of the City ofSoutb Miami, Florida wiD conduct Public Jkaring(s} at its regular City Conunission meeting scheduled
for Tuesday, January 19, 2016, beginning at 7:00 pm., in the City Commi.ssion Challlbers, 6130 Sunset DOve, to consider the follrnving item(s):
A ResolutiOn autborizing me City Manager to pwchase and finuuce for 5.years NICE Recordiog System from Word Systems,Inc.
A Resolution approving special exceptions waiving strict compliance with the frontage and sctback provisions of the Hometown DiBnict Overlay Ordinance for a proposed outbui1diog
locoted at 5800 ~'unset Drive. .
A Resolutioo for speciai uae approwl to permit an animal oosl'itaVveterinarian at 6396 S. Dixie Highway.
An Ordinance amending Article Iv, "Other Reguiotions," Section 20-4.4. "Off-street parking requirements," Subsection (B), "Space Requirements," to create new subsection (8)(17).
to establish 8 revised pa.idn/! requirement for affordable or workforce housing projects.
(An. Ordinance amending Cbapter 5, Article I, of lhe City. of Soutb Miami's Code of OIdinanees by adding Section S· 7, "Reta; I Sale of Cats and Dogs1
An Ckdillallce amending Section 13-28 of the C-rty of South Miami's Code ofOrdinaoces to provide authority to the City Maoagcr to repeals business tax receipt when 1he City Manager
determines there is 8 violation of any applicnble Sl8tute, ordinance, rule or regulation.
'.4,n Ordinance amending 1he City of Soutb Miami Land ~vclopmenl C-Ode, Article Il, "Definitions," Seetion 20-2.3, "DefinitioDS," to add definitions for "Variety Retail" and
"Retail OuOet -Off-Price Retail," BOd Article vn. "Hometown District Overlay Ordioance," Section 20-7.12, Pemtined Uses," to provide that sucb uses slmll UOt be permitted in the
HomClOWD District Overlay. .
An Ordinance amending the City of South Miami Land Development Code, Article VI. "Administration and Enforoemeot." Section 20-6.1, "Administrative entities." and other applicable
provisions. to define the term '1ess restrictive" to more accurately determine what voting requirements apply \0 City Olmmission aclioos to amend land development il:gulations.
ALL interested parties are invited to attend and will be heard.
Porfurther information, please contact !be City Cleric'$ Office at 305-663-6340.
Maria M. Menendez, ('Me
City Cleric
PulSIJARt tafton&! S1atufe:;! 186.010.\ 1\t Cit}'lI:Teby aclYiscs ibepublic tbotif apcrson decides 10 aweu1my decision made by thi& aOD~As.cncy or Cammis$icm willi respcc:tto anyuloncr considered oti1sm.eeting orhcaring. hcClf6he
wID need a n:cotd of the proccediugs, and thai for sucb purpose, affected pctSon may need to OlSUte chat a \'CIbatiw [Ccord anile p~iDgs is 'fnndc wbitb record ~Iudcs fbi: tl!Stnnony and evidcucc upon wbicb me appeal is to be based.
MIAMI CAlLY BUSINESS REVIEW
Published Daily except Saturday, Sunday anc!
legal Holidays
Miami, Miami-Dade County, F\orida
STATE OF FLORIDA
COUNTY OF MIAMI.DADE:
eo .,.
"
Before the undersigned authOrity personally appeared
MARIA MESA, who on oath says that he or she is the LEGAL
CLERK, legal Notices of the Miami Daily Business Review
flkJa 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 mailer of
NOTICE OF PUBLIC HEARING
CITY OF SOUTH MIAMI· JAN. t9, 2016
in the XXXX Court,
was published in said newspaper in the issues of
01/0812016
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, Sundl!y and
Legal Holidays) and has been entered as second class mail
matter at the post . office in Miami in said Miami·Dade County,
florida, for a period of one year next preceding the first
publication of the attached copy of advertisement; and affiant
further says that he or s~e 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
Sworn t scribed before me this
:%o::/'kL ...
(SEAL)
MARIA MESA personally known to me
.~~;~.:~~ RHONDA M PEL TIER ~J'Ii.:~~ MY COMMISSION 11 fF2314()1 .~~ EXPIRES May 17 .,019
.oIC/)J".::..c;-==.: "blCS-L-..o:a-,sc".iGc .:Gn-