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-50
ORDINANCE NO. _____ _
An Ordinance amending Chapter 5, Article 1, of the City of South Miami's
Code of OrdiJlances 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 ofllie 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 turn 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 1. -IN GENERAL
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Sec. 5-7 -Retail Sale of Dogs and Cats -Definitions
For the purpose of this ordinance the tenns hereinafter set forth shall be defined as
follows:
L
2.
3.
4.
5.
6.
7.
8.
"Animal shelter" means a public animal shelter or duly incorpora1:ed
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 art 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 ofthe 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.
"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.
Sec~ 5-7.3 -Exemptions.
TIlls article shall not apply to:
I. A person or establishment that sells, delivers, offers for sale, barters,
2.
3.
4.
auctions, gives away, or otherwise transfers or disposes of only animals
that were bred and reared on the premises of the person or establishment;
A publicly operated animal control facility or animal shelter;
A private, charitable, nonprofit humane society or animal rescue
organization; or
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.
2
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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 subj ect 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-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, ibis 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 ~_ day of~~~~~, 201b
ATTEST:
CITY CLERK
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND '
EXECUTION THEREOF:
CITY ATTORNEY
3
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh:
..
•
SUNDAY JANUARY 10 2016
MIAMIHERAW!OM
THREE KINGS DAY CELEBRATED
NEIGHBORS I 35SE
"'
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 after his birth in Bethlehem.
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct 'Public Hcaring(s) at its regLtlar City Commission meeting scheduled
for Tuesday, January 19, 2016, beginning at 7:00p.m., in tbe City Commi.ssion Chambers, 6130 SUnset Drive, to consider the following item(s):
A Resolution authorizing the City Manager to purchase and finance for 5.yeal'S NICE Recording System from Word Systems, Inc.
A Resolution approving special exceptions WIliving strict compli,mce with the frontage and setback provisions of the Hometown District OverillY Ordinance for a proposed outbuilding
located at 5800 Sunset Drive.
A Resolution for specia') use apPl'Ovn[ to permit an animal hospitaUveterinarian at 6396 S. Dixie Highway.
An Ordinance amending Article IV, "Other Regulations," Section 20-4.4, "Off-street parking requirements," Subsection (B), "Space Requirements," to create new subsection (B)(17),
to establish a revised parking requirement for affordable or workf'Oree housing pr~ieets.
(An Ordinance amending Chapter 5, Article 1, oflhe City of South Mjami's Code of Ordinances by adding Seetion 5-7, "Retail Sale of Cats and Dogs1
An Ordinance amending Section 13-28 of the City of South Miami's Code of Ordinances to provide authority to the City Manager to repeal a business t<lX receipt when the City Manager
determines there is a violation of any applicable statute, ordinance, rule or regulation.
All Ordinance amending the City of South Miami Land Development Code, Article II, "Definitions," Section 20-2.3, "DefinitioIlS," to add definitions for "Variety Retail" and
"Retail Outlet -Off·Price Retail," and Article Vll, "Hometown District Overlay Ordinance," Section 20-7.12, Pennitted Uses:: to provide that such uses slmll not be permitted in the
Hometown District Overlay.
An Ordinance amending the City of South Miami Land Development Code, Atticle VI, "Administration and Enforcement." Section 20-6.1, "Adminisn'ative entities," and other applicable
provisiollS. to define the term "less restrictive" to more accurately determine what voting requirements apply to City Commission actions to amend land development regulations.
ALL interested parties are invited to attend and will be heard.
For further information, please contact tbe City Clerk's OfrlCe at: 305-663-6340.
Malia M. Menendez, CMC
City Clerk
f'ulsuan! to Floridu Stat\ltes 286.010.~, Ike City l1lrcby advises the public Ihatif 8pcrson d~ides 10 appClll any deeision mad~ by this Aonl'dAgency or Commission Wilh rcspecl!O anymat1er con~idercd .,lilS ~eting arhcarinll. heQr she
will need a rccord oftite proceedillgs, ana Ihal fur such purpose, "!reeled person may need In ~Oiuro.\ that a l'eIbmhu rc~ord oftbe proccooings is mUde which record iucl\ldllS Ihe t~s\imonyaud evid-oncc upon wltich the appeal is to be based.
MIAMI DAILY BUSINESS REVIEW
Published Dally except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI·DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the LEGAL
CLERK. Legal Notices of Ihe Miami Daily Business Review
f/k/a 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
NOTICE OF PUBLIC HEARING
CITY OF SOUTH MIAMI· JAN. 19, 2016
in the XXXX Court,
was published in said newspaper in the issues of
01/08/2016
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, Sund~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 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
Sworn t scribed before me this
:;;:t:Z;:/'!eL
(SEAL)
MARIA MESA personally known to me
CITY OF SOUTH MIAMI
. NOTICE OFPUBLICHIEARINQ
NonCE IS ~EREBY given thal-1he City Commis,sioo, 'ofthe'CitY ciSouth
MJami, ~IQrid(will ¢,nduct Publjc Hearing(s) at its regular City,Commisslon
meeting 'scheduled for. TuesdaY'"January 19, 2016, begln~lng:'at (:00 p .. m"
in, the ,Ci,ty Commission Chamb!3rs, 61;30 ,Sunset Drive, to, conskfi3:r ,the fol-
lowing item(s): .
" ;.,' -,' .
< A Re$o!Uti6rl,authoriii~g' the' City Manager to' purchastl an'd Ji,rlEmCeIor
5 years ~IC"E Reqo(cjing Sys~em from Word $yst~l1Js, Inc. -'."
A ,Resoiuti6n::app;0,~h;9 ':spe"cial~'e~cePtiODS,,~~ll~jng strict' cpmpilance
with, the, frontage .~nd setback' proVisions of" ~he,:, ti~metawn Di,strict
overlay .on:Jjn.~nce-for ,a prapoS,ed"' outbuildillg located;at 5800 $lJnset
Drive. '. . .
-A:,::,R~~~I.LJtlo,n ': ;for, 's~ia,1 c u~~ :,app,~v~C }?",,:~:J;~rmjt :''--an ... aromal
haspifav~etef:inariait at 63~f3 s; Di~,ie Hig,hway.· ", , " " "
~ ,",'., -:.,~., :', ",'-,', , , -,,' .-': ,,', " -." .. ' ,'., " ' ", '.,"
A.t0tdinan~ ;amer1i:lirig'j'rticte N ,:-·Oiher,:FiElgul~)ioris~,~,,~ SE!ctron ~20~~a;,
, ~ot:'-str~:t~. par~,ing ,.requir.ements,", ,Subsecti,oD,: ,(B),,: ·,S~ce ,)3equire-
, meots,":, to,::create. new subsectlo.n (B)(1.7), ~oest,~bli~h'i reviset1, Rarking -
-r~uiremen{ foraffordable or ,~?rl<f6~ce hol.Jsing projeds., .
.Q .. ,,~, brd ... in~., ~.': :.' a~. e.' ndin~ c. ~apte.' /5.'; '~:~.' ',Jcle ,.1, of, !he, GTo/. ~;.·:S6.uth. " , 'M .. i.ami:sD.
Code of .ordinances by addmg·Sec~!on 5-,7, 'Retail 'Sale of Cats alJ9 Dogs·:
r _":,. ",:, '.,' " ,,::" < • .'," ' .-',', ','
An ,: O:rdin~~~~, ~,atne.naing ':sJ~;~:n, '1'~~28 ot. -t~~:~ ~ity ,9t. :'SOUf~,:,~ ~,i4mi,;s
God,e, q1. Oidinances to pr~Yid,e autt10rity to, the PitY, Manager' to-repeal
a' bu~ineSs' tax-receipt ,Wlien, the, CIty <Mana,geL,<;fetermines. there is a
"viQI~tJQn 9f any:~ppl!cab!e--$tatute, 'Ordjn~ce,'rul~ or iegul~tton.-'·~' .
. " " , " . ~ , ' " . .. " -
, 'A~~-'9rd~t~~o~~~~~e~'ding, the ~ ci~~ ~~f South :'¥,ia~i,\~n~,~I)~v~,I~~~~nt
C,(jtte;:N:tic.leJI, ,:D,e,finitions/"-,$,ectipn, 20~2.3.':,~Jyefinitjtms, ~.·to,ac;ld ,def~
ini,lIons for:i'\la~f3t~:Reta[l~ and '~RE;lt~iI,butl~t '": ()ff~Price',Ret.ajl;.~,'an(i
A,tide,VUj· '~,ornetown' District. .overlay :Ordinance/"'Section "20~7.12,
p'~rrpitt~:;~Y,:~es .. "-Jo PfQvid~ ,that ~~c~ ,~es,:,~h-,~lr OtJt ,-p,E}",~.~JDI~d)n
the ~omet~w~ DistrictOveriay. " "'.',.\, ~ __ :
An ,6;di~<l~~' am,~nding the .city ()f" Sq4th, .~iamjJ~,nd'-p,ev~lgp~ent
Code; :i\rtiol!f: V.I;'" Ad n1inistr,atioll.' an<f Enforcem~nt"~,, Se.ctlon 2,0:6,1;
"Adrrl,lnistfatlve:,entiUes,' and o,t~,er applica51e provls,i9ns;:to d$fi.ne·,the
term '~,le~,'Jestri,ctive' to -more __ a~cur_a1ely .,,~et~f!llin~,' what. Y,ot,i0.9 r~~
qulrem,ents,: api'-Iy, to Cjty CC:l.mmi~lon: a9tiohs t6 a.m~nd· I,and de'velop-
ment regulations:. '
. . . .
ALL-'i~~r~~ p~ies are irjvit~'d ~o att~nd a~d:wlir tie 'heater, .
For further ,Information, please contact tne citY CI~;s (ij~ at; '305~66s·6340 . . ' .-,', " ' .. " '.-". ,'." ' '. ' '" .
MariaM· MerieN:{!3~,CMC . .... . CitYGI~rI( ... .
Pursuant to Flarida'Statutes 286:0105; the City hereby advises ':the pUI;l1ic
. that if a person decides to appeal any decision made by this Board, Ag'enpy
or 'Commissio!,) with -re,spect to., any mattet -consid,~red., af.lts" m:~,ing .or
hearing; he or she will ne~ a record, of the proceedings, and that ,1.or' such
purpose, affected person maY,need to ensure that a verbatim·reco~ of,the'
'proceedings is 'made ,which record' includes the testimony and ,evidence
'upon which the appeal is to be based.
1/8 16,94/00000674BBM