81 ORDINANCE NO. _______ _
2
3 An Ordinance amending Chapter 5, Article I, Section 5-1 of the City of South Miami's
4 Code of Ordinances protecting wild feral parrots, their nesting trees and their eggs and
5 establishing crimirial penalties and enforcement procedures.
6
7 WHEREAS, the City Commission of the City of South Miami ("City") hereby finds and
8 determines that wild feral parrots are year-round resident birds (non-migratory) of South Miami; and
9
10 WHEREAS, the City Commission finds and determines that parrots are free ranging, self-
11 sufficient, (non-caged) wild birds within the city limits of South Miami; and
12
13 WHEREAS, the City Commission finds and determines wild feral parrots are successfully nesting
14 within the city limits of South Miami; and
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16 WHEREAS, the City Commission finds and determines that parrots have been endangered by
17 being hunted by certain people for sale and therefore deserves the protection of the City of South Miami
18 for conservation purposes.
19
20 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
21 OF THE CITY OF SOUTH MIAMI, FLORIDA:
22
23 Section 1. City of South Miami Code of Ordinances, Chapter 5, Article I, Section 5-1, is hereby
24 amended to read as follows:
25
26 CHAPTER 5. ANIMALS AND FOWL
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28 Sec. 5-1. -City declared a wildlife sanctuary.
29
30 (a) For the purpose ofthis section "wildlife" shall be defined as all native birds, mammals, reptiles, and
31 amphibians, and all animal species otherwise protected by federal, state, or county law.
32 (b) The territory embracing the corporate limits of the city is hereby declared to be a wildlife sanctuary
33 and designated as "environmentally sensitive."
34 (c) It shall be unlawful to harass, wound, poison, capture, or kill wildlife within the territorial limits of
35 the city, except as part of a scientific study by individuals with appropriate federal and/or state
36 licenses and approval of the city manager. r
37 (d) It shall be unlawful to introduce into the public airspace broad-spectrum insecticides or biocides
38 within the territorial limits of the city that may harm wildlife, the natural food supply for wildlife,
39 pollinators, or natural biological control species.
40 (e) Removal. Wildlife, not otherwise protected by federal or state law, that create a significant threat to
41 the health and/or safety of persons or other animals, as determined by the city manager, can be
42 humanely trapped by state certified animal control specialists for relocation.
43 (f) Wild feral Parrots.
44 (1) Feral parrot is defined to mean a bird, classified scientifically within the taxonomic order
45 Psittaci{ormes, that is living out of doors and not in a cage.
46 (2) Active nest is defined to mean a nest inhabited from time to time by one or more wild feral
47 parrots that contains eggs or birds less than one year in age.
48 (3) The young of a wild feral parrot shall include nestlings, fledglings, immature and juvenile
49 parrots.
50 (4) Acts prohibited.
51 a. It is unlawful for any person(s) within the City, without legal authority, to knowingly
52 harass, injure, kill or capture a wild feral parrot, or remove it from its night roost or its
53 nest.
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b. It is unlawful for any person(s) within the City, without legal authority, to knowingly
and in any manner, take, remove, destroy or have possession of any eggs or any
young of a wil6 feral parrot.
c. It is unlawful for any person(s), without legal authority, to knowingly cut down or in
any other way harm a tree in which there exists an active nest of a wil6 feral parrot
within the City.
d. It is a defense to a violation of subsection c of this section if a tree is cut down in
compliance with the City's Code of Ordinances and/or Land Development Code and
by or at the direction of the owner of the tree, provided arrangements with a licensed
rehabilitation facility are made for the care of any eggs or young wil6 feral parrots
found in the tree.
(5) Penalties. Any person who shall violate any of the provisions of this section (or any
subsequent amendments hereto), or who shall fail to comply herewith, or with any of the
requirements hereof, may be prosecuted in Court and upon a finding of guilt shall be
liable for a fine of up to $500.00 for each offense and/or imprisonment for a term not to
exceed six (6) months.
(6) Enforcement. In lieu of arrest by a police officer, a code enforcement or police officer may
issue a civil citation for a violation of this section which shall be cnforcedpursuanf to
the procedure provided in section 2-25 ofthis Code.
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-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 __ day of _____ , 2016.
ATTEST:
CITY CLERK
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND '
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Harris:
Page 2 of2
24SE I I NEIGHBORS I SUNDAY JULY 24 2016
MIAMIHERALD.COM
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City Commission of the City of South Miami,
Florida will conduct Public Hearing(s) at its regular City Commission meeting
scheduled for Tuesday, Aut,'Ust 2, 2016, beginning at 7:00 p.m .. in the City Commission
Chambers, 6130 Sunset Drive, to consider the following item(s):
A Resolution of the Mayor and City Commission of the City of South Miami,
Florida, placing a question on the ballot for Tuesday, November 8, 2016,
Presidential Election, to correct language made obsolete bystate law or previous
charter changes, and to clarifY existing Charter language without change in
function or intent by amending Art. II, Sec. 8.A, Art. Ill, Sec. 5.E, Art. TV. Sec.
2.B, Art. IV, Sec. 2.e., Art. V, Sec. 1.B.4-5, Art. V; Sec. 5.B., Art. V, Sec. 6.,
including an effective date for the amendment, and directing the City Clerk to
incorporate the amendment into the Charter and to file the revised charter with
the Florida Department of State; providing ballot language and directing the Cily
Clerk to take all necessary actions to carry out the provisions of this resolution.
A Resolution of the City of South Miami, Florida, placing a question on the
ballot for Tuesday, November 8, 2016, Presidential Election, to amend the City
Charter, Article ll, SECTION 6, subsection D Voting Procedure, to reduce the
number of votes necessary to make land use and development regulations less
restrictive for the Madison Square affordable housing project.
A Resolution of the City of South Miami, Florida, placing a non-binding ballot
question on the Tuesday. November 8, 2016. Presidential Election ballot, to
determine whether the voters support the building of a new City Hall, Police
Station and Library using the value ofthe existing Library and/or City HallfPolice
Station property. and how surplus funds from such a transaction should be spent.
An Ordinance amending Chapter I. Section 1-8 of the City of South Miami's
Code of Ordinances regarding general penalties for offenses.
(
An Ordinance amending Chapter 5. Article I, Section 5-1 of the City of south)
Miami's Code of Ordinances protecting wild parrots. their nesting trees and
their eggs and establishing criminal penalties and enforcement procedures.
An Ordinance establishing a moratorium on the subdivision of parcels of land
pending the adoption of an anlendment to the City's Land Development Code,
Section 20-4.2, governing subdivision ofland and buildable sites.
ALL interested parties are invited to attend and ,,;11 be heard.
For further infornlation, please contact the City Clerk's Office at: 305-663-6340.
Maria M. Menendez, CMC
City Clerk
Pursuant to tlorida Statutes 286.0105, the City hereby advises the puhlic that if a person decides to
appeal any decision made by this BoarcL Agency or Commission \\ith respect to any matter considered
at its meeting or hearing. he or she ,,,,ill need a record of the proceedings, and that for such purpose,
alTcctcd person may need to ensure that a \'erbatim record of the proceedings is mad~ which record
includes the testimony and evidence upon which th(' appeal is to be based.
FROM PAGE 12SE
CALENDAR
Herald Media Company now
present this journalistic chronol-
ogy, which showcases the spirit
and accomplishments of the
Cuban American community. The
permanent exhibition is housed
at the College's National Historic
Landmark Freedom Tower, itself
central to the story of Cubans in
the United States. MDCs Free-
dom Tower was operated by the
u.s. Government as a reception
center for Cuban refugees from
1962 to 1974. The building is
significant because it represents
the important story of the Cuban
exodus to America and resettle~
ment during the Cold War,A
reports the U.S. Department of
the Interior. which has also called
the Freedom Tower the Ellis
Island of the South.A Though it
operated in that capacity for only
12 years, the building has become
an icon representing the faith
that democracy brought to
troubled lives, the generosity of
the American people and a
hopeful beginning that assured
thousands a new life in a new
land. July 24 -July 28 12 p.m.-5
p.m. Free Miami Dade College -
in varied environments and
locations throughout the China
to reveal the mix of ancient
tradition and modern lifestyle of
its young people. YAA also will
feature several exhibits show-
casing internationally acclaimed
contemporary Chinese artists, Ji
Zhou. Li Hongbo and Yi Zhou, in
addition to artwork from stu-
dents at the Roupu Art Center in
Wuhan. China. July 2411 a.m.-6
p.m.; July 25 -July 2810 a.m.-5
p.m. $11-$14 Young at Art Mu-
seum 751 SW 121 Ave .• Davie.
Cuban Classical Ballet of Miami
School Summer Camp This
intensive Summer program
focuses on the Cuban Classical
Ballet Technique and will include:
Pointe. Variations. Pas de Deux.
Character Dance and more. The
camp concludes with a showcase
performance on Saturday, July
30. July 24 -July 28 9 a.m.-5 p.m.
$250 and up Miami Hispanic
Cultural Arts Center 111 S.w. Fifth
Ave., Miami.
Exhibit Tours -Creating the
Dream Enjoy a guided tour of
"Creating the Dream: George
Merrick and His Vision for Coral
Gables.A" an exhibition about the
Gables' founder and developer
George Merrick. learn how
Merrick went from thirteen-year
old farmer's son to development
king. This inspiring American
story addresses local history and
urban design. July 24 1 p.m.
Included in admission Coral
Gables Museum 285 Aragon Ave ..
Coral Gables.
Exile Experience: A Journey to
Freedom "The Exile Experience:
Journey to Freedom" is a pictorial
account of the struggles that the
Cuban exile community has
endured since Fidel Castro's rise
to power. and the successes they
have achieved in the United
States. Having covered the
Cuban exile community and its
struggle for freedom extensively
throughout the years, Miami
Dade College and The Miami SEE CALENDAR, 26SE
The Public is advised that the South A Municipal Advisory Committee (MAC) will be holding a meeting
on Tuesday, July 26, 2016 at 6:30 P.M. at Deerwood Bonita Lakes Park, 14445 SW 122nd Avenue,
Miami,33186.
The MAC will be evaluating the potential incorporation of the area into a separate municipality; it will also
be meeting with staff to discuss the County's concems regarding any adverse impact to the remaining
unincorporated municipal service area or other regional municipal-type services that could occur due to
any such incorporation.
The MAC area is generally bounded as follows:
NORTHERN MOST BOUNDARY:
SW 120th Street
SOUTHERN MOST BOUNDARY:
SW 232nd Street
EASTERN MOST BOUNDARY:
USl
WESTERN MOST BOUNDARY:
SW 157th Avenue
(Boundaries only include areas within
County Commission District 9 for study area)
The public is invited to share its thoughts on incorporation, the proposed boundaries, services it wishes to
see enhanced and any additional information that may assist the MAC in its deliberations.
MIAMI DAILY BUSINESS 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 personally appeared
MARIA MESA, who on oath says that he or she is the LEGAL
CLERK, Legal Notices of the Miami Daily Business Review
flk/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 -AUGUST 2, 2016
in the XXXX Court,
was published in said newspaper in the issues of
07/22/2016
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, Sunday and
Legal Holidays) ancf 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 fir~t
publication of the attached copy of advertisement; and affiant
further says. that he or she has. neither paid nor promised any
(SEAL)
MARIA MESA personally known to me
RHONDA M PELTIER
MY COMMISSION II FF231407
EXPIRES May 17 2019
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