Ord No 12-17-2282ORDINANCE NO. 12-17-2282
An Ordinance of the City of South Miami's Code of Ordinances reserving
sections 5-16 through 5-19 in Chapter 5, Article II and creating Article
III, titled Nuisance Animals, Sections 5-20 and 5-21 to control the feral
animals and mosquitoes.
WHEREAS, feeding feral animals contributes to their reproduction and
overpopulation, can foster transmission of disease to pets, and can create a public
nuisance; and
WHEREAS, Florida Statutes, section 379.231 (1) states: "It is unlawful... to
release within this state, any species of the animal kingdom not native to Florida unless
authorized by the Fish and Wildlife Conservation Commission"; and
WHEREAS, the Florida Fish and Wildlife Conservation Commission (FWC)
leave control of nuisance or feral cats to local governments; and
WHEREAS, Florida Administrative Code Chapter 68A prohibits the release of
most non-native animals without a permit and allows their removal without restriction
unless specifically protected; an~
WHEREAS, Florida Administrative Code Section 68A-4.001(3) prohibits the
intentional placement of food or garbage, or allowing the placement of food or garbage in
such a manner that it attracts foxes or raccoons (both of which reside in South Miami) and
in a manner that is likely to create or creates a public nuisance; and
WHEREAS, peafowl of both sexes are attractive and slow traffic, but also make a
great deal of noise in the pre-dawn hours, leave large amounts of excrement on walkways,
and tear up gardens while looking for food; and
WHEREAS, peacocks in South Miami attack their own reflections in dark-colored
cars, thereby marring the paint and costing residents thousands of dollars in repairs; and
WHEREAS, Muscovy ducks eat on land and defecate in the water, and every
Muscovy duck releases as much nitrogen and phosphorous pollution into South Miami's
lakes and canals each day as a human would ifthat person's toilet flushed directly into the
water body; and
WHEREAS, animals turn food into offspring and thus supplementing the food
supply of feral animals serves to increase the population size and the magnitude of the
nuisance; and
WHEREAS, Mosquitoes hann the quality of life, and some species may transmit
disease; and
WHEREAS, Florida Statutes Ch. 388.291(3) states: "Property owners In a
Ord. No. 12-17-2282
developed residential area shall maintain their property in a manner that does not create or
maintain any standing freshwater condition capable of breeding mosquitoes or other
arthropods in significant numbers such as to constitute a public health, welfare, or
nuisance problem."
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Chapter 5, Article II of the City of South Miami's Code of Ordinances
shall be amended to reserve sections 5-16 through 5-19.
Section 2. Chapter 5, of the City of South Miami's Code of Ordinances shall be
amended to add Article III, Section 5-20 which shall read as follows:
Article III Nuisance Animals
Sec. 5-20 Feral animals
(a) Legislative intent. The intent of this section is to provide protection from
nuisances caused by feral animals that disturb the peace, promote unsanitary
conditions or disease transmission, or interfere with the ability of ethef people
to enjoy their yards and the outdoors.
(b) Feeding animals on public property or the public right of way is prohibited.
(c) Feeding feral waterfowl and peafowl (peacocks and peahens) is prohibited
anywhere in South Miami.
(d) Release of non-native animals and domesticated animals is prohibited.
(e) Penalties. The first offence shall receive a written warning. Subsequent
offences shall be fined $500 per day. Enforcement procedure, including notice
of violation and hearings for violations, shall be in accordance with that set
forth in section 2-25 of the City's Code of Ordinances.
Section 3. Chapter 5 of the City of South Miami's Code of Ordinances shall be
amended to add Section 5-21 and which shall read as follows:
Sec. 5-21 Mosquitoes
Conditions that promote the breeding of mosquitoes are prohibited.
Ca) Objects and cavities that can collect rain water that might serve as breeding
sites for mosquitoes must be covered, inverted, drilled, fitted with a drain, or filled
with sand or mortar to prevent water from collecting or mosquitoes from entering.
Cb) Rain gutters must be screened or manually kept clear of debris.
Cc) Rain barrels, cisterns, and corrugated plastic downspouts must be screened with
insect-proof material in such a fashion as to prevent the entry or exit of crawling
mosquitoes.
Cd) Bromeliads. Outdoor cultivation of non-native bromeliad species that can hold
rainwater is peimissible only if they are treated no less than weekly in a manner
that prevents the breeding of mosquitoes. If over 50 mosquito larvae are found in
bromeliads on a property after the first written warning, the bromeliads shall be
deemed a nuisance and must be removed.
Ce) Boats must be covered in such a way to prevent collecting rainwater.
Page 2 of3
Ord. No. 12-17-2282
Cf) Tams must be pitched in such a way to prevent collecting rainwater.
Cg) Penalties. The first offence shall receive a written warning allowing one week
to remedy the offending condition. If the offending condition is not resolved in
that time, or if additional offences are found subsequent to that time, the property
owner shall be fined $500 per day. Enforcement procedure, including notice of
violation and hearings for violations, shall be in accordance with that set forth
in section 2-25 ofthe City's Code of Ordinances.
Section 4. 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-lettered to accomplish such intention;
and that the word "ordinance" may be changed to "section" or other appropriate word.
Section 5. 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 6. 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 7. Effective Date. This ordinance shall become effective upon
enactment.
PASSED AND ADOPTED this 20th day of June ,2017.
Y LE
1st Reading: 6 / 6 / 1 7
2 nd Reading: 6 / 2 0 / 1 7
Page 3 of3
APPROVED:
fl1!latfJd4JJ
MA OR
COMMISSION VOTE
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Edmond:
Commissioner Harris:
Commissioner Liebman:
4-0
Yea
Yea
Yea
Yea
absent
20SE ! ! NEIGHBORS !SUNDAY JUN£ 111017
MIAMIHEIAlD.cOM
gil Public Meeting Notice
COLONIAL ORNE COMMUNITY PARK
PUBLIC MEETING
Thursday, June 15,2017
6:30p.m.
Colonial Drive Park
10750 SW 156 Terrace, Miami, FL 33179
This public meeting is being held to advise the community of environmental
findings, the health evaluation for Colonial Drive Community Park and
corrective action plan,
For more information, contact:
Eric Hansen
Recreation, Planning and Program Development Manager
Miami-Dade Parks, Recreation & Open Spaces
275 NW 2 Street. 3rd Floor. Miami, FL 33128
305-755-5460 or erich@lI1iamidade,gov
To r.quesl m.ro6als /(I =eSS/b/e (Otmll/, sign IBnguage inlBqJrelers Bnd/or Bny accommodations to parlicipBle m
"ny Miami-Daa. Parlrs·S(llJflsol8d pmglllm .r me.'ing. CD.,"C' 'Parl<f OisablHIy Se,.il;es.· ods@miamidlld •. go,.
305·755·7848, BI least 5 days in BlIvan&e to inlNare yeur requasl. TIY usm may Biso co" 711 (Florida Relay Service).
for IcgiJl aeJs onlme no to http l/lclJalllDs.n1lanuLlaLlc nov
TOWN OF CUlLER BAY
NOTICE OF PUBLIC HEARING
ORDINANCE FOR SECOND READING
NOIlCI': IS HEREBY GIVEN rh.1I rhe Town Council of Ihe Town of Cutler Bay. Rorida will hold
" public heurin& on Wednesday, June 21, 2017 at 7:00 p.m., or 'IS .oon Ihereafter liS possible. in
the ToWll H.D Council Choml>ers, 10720 Caribbean Boulevard, Culler BII)', !-lorid .. The purpose
of L'tC public hC<lringis 10 consiticradoplion on Second Reading oflhe Ordimmcc dcsL'libed below:
AN ORDINANCE OF THE MAYOR t\r'lD TOWN COllNCIL OF 1JIE TO\\1'I OF
CIlI1.ER BAY, FLORIDA, A.'llJENDlNG CHAPI'ER 14 OF mE TOWN CODE TO
INCLUDE SECllON 14-1, ~J'ROHUl\110NS REGARDING SALE OR USE OF
EXPA. 'IDEO POLYSJ'\'RENE FOOD !l'ERVICE ARTICLES BYTOWN CONTRII.CTORS:"
PROVIDING FOR SEVERABILITY; PROVIDING IDR CONFLlCf; I'ROVIDING FOR
h'liCLUSJON IN THE CODE; AND PROVIDING FOR AN Emen"E DATE.
The Town Council may conlinue or defer Ihe lIearin~ 10 II new cUde aud lillie cerlain withoul
funher notice provided !he dale and lime of the conlinllance or dcrcrml is announced nl Ih.
hcurinf" The Or,linnnce ill its elllire~' mill' be impecled 01 the Office of Ihe Tl'wn Clerk during
resular business hours.
. Pe11<On< wi,hing 10 appeal 8ny decision IJllIde by Il,. lbwn Coullcil wilh resJlect loony mnller
conSluered .1 such heeling will nced • record of Ihe luOccedinl'S lind for such purpose mllY
need to ensure 111111 n verbatim reconl of the proceedings is madc. wllich inclndes Ihe leslimony
and evidence upon which the appeal is to be based (ES. 2Kh.OJOS).
Any and .n inlerested .. anies may appear 81 the above meelinG and be hearel "ilh re<pccl
10 !he IlfOllOSed items.
III acconlance wilh Ihe Americans with Dis.biJni .. , AL1 Ill' 1990 (1\1)1\). persons needing spL'Cial
ac(:omn1odation~ to pitr1idpalc ill these proceedings should con1ad Ule "lawn Clerk's omcc. fur
assistance: at (30SI 234-4262. no Idter Ihdn fOllr (41 business days plIor to such proceeding
\)ebr. E E",lm.1n. MMC'
Town Clerk
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given thaI rhe City Commission o{the Cily of South Miami. Flond. will
conduct Public Hearin£,ls) at its reglliar City Commission meetill!! scheduled lilT Tuesday, June 2U,
2UI7, beginnin!: at 7:llO p.m., illihe City COlllmis.i.", Chambers, 6130 Sunoct Drive, 10 "Imsiller
the following item!s):
A Re.,olution "PPl'Ovillg and "ulhorizinJl, the City Manager to continue widl the exisling
Miami-Dacle C .. unl)' ""nlrnd willI IncJigl.llnL'Tgy Pallner.;. LLC f.'r the purcha.c a",1 e!elivcry
of bulk fue) gasoline and L1ies.! COl the City'. vehicle lIeel iIl1d equipmenr.
A Resolution 8uihorizing Ihe City M8I1"ger 10 negotiate and enler into" mtllri-year .gteemcnl
with Printing Cnrp. of the Americas. Inc. 10 design. print, supply ilnd mail program guide~.
All Ordil1l11l~e relaling 10 U,e Cily', 2UJ7 lise,,1 year budget: nUlhllrizing an increase IIf
appropriations for expenditure line item 125-1730·541·3450 People'. Tmnsporl;ltion Tax
Fund DireCI Tramir COnlla"lUa! Services He"Uunt in the '1IIIOUUI of $70,500.
(A" Ordinllllcc I,f Ihe Cily ,,1' Soull, Miami'. Crnlc or (Jrdinau<c< reserving scelious ~-1 (,)
Ibrough 5· 19 in Chapter 5. Artiele II lind clealing Article m.titled Nui."ncc Allimal., Seclions
5·20 and 5-21 10 cl>ntrollhe feral animals and mo.'quitoe,.
AI.I. inlcr~stcd p.rHes .,e illvilcd In atteDd ane! will ho !.eard.
For Iurlher inrOrmalioll, plonse conmct tilt Ciry C)er"'~ Office Ht 305·(,63·6340.
M .. ria M. Menendez, CMe
CilyClerk
run:u:mt 'l' 'F1~'rld:1 SII1IUIC" 2itf\.(UO'\.Iht-en), htn'~)' lUh-iS\·lIlb .... rurltt Ihid if It rer..tl.ln dt-ctdtJl hi :lJ"flC"al aay dC'CI~('In nwk hy
dlis B()Nd. A,CJ1C;)' OJ CClmmh!\ioJ' wllh '('spettlt' aD!>' mi1.l1C't cOIUldetcd &1 HII mt(1i:ng m hcaliIIf.. hi! PI she. wtll fte(d:1 I't:\;(lrcl
of the p'C'II.:erdiJlL':S. lind Ihill rC\r sat h flurposC. "fftcled pc,snn UUly need ,,\ en!Uf\" IhAi " V1:ftlalim re~cl1'(l "rthc ptt'fccdmg."= u
m."dt whil:h w:nrd ir.dodt. the It:Jimony N'ld t\WftLe uJll'n which tht-apptailli ", Itt-h3~d.
Public Hearing Notice
Slate 1;02d (SRI 968/W Flagler Street at NW 32 Avenue
ProJect Identification Number 25062943201
The Florida Department of Transportation (FOOT) will host
a public hearing for a roadway project along
SR 9681W Flagler Street at NW 32 Avenue. in Miami·Dade County.
6 p.m, to 8 p,m,
Thursday, June 15, 2017
UnivelSaJ Church, Conference Room
3501 W Flagler Street, MIami, FL 33135
For information aboul this hearing or project, please contact
Public Information Specialist Rodollo Roman al (305) 470-54IT or email at
Rodolfo.Roman@dot.slale,fl,us
Visil www.fdotmiamidade.com for project Information .
l1\e hearing will follow an Informal format allowin. the public to arrive at any time from 6 p.m. to 8 p.m.,
with a formal presentation starting at 6:30 p.m. Graphic displaY' Will be shown and FOOT represetl.tatives will
be atJallable to distul50 the project and answer quesHons. Public parlitipatton at this meeting Is solicited
withoul regard to race, color. narional origin, age. gender. reUIlan, disabilltv or famlty status. Pu"uant to the
prOVIsions of the Americans \\llth DIsabilities Ad, any penon reauirlng spedal accommodations to participate
in this workshop/hearing Is. asked tD ad."is.e the aJency at least 7 days before the wOTkshop/hearinc by
C'ontachnl: Hong Benitez at (30S) 47(l·SZ19 Dr in writing: FOOT, 1000 N.W.lllAvenue, Miami, Fl3317Z,
email: Hong.8enittr@dot.state.O.us.lfyou are hearing Dr speech Impaired, pleasecontacl theagenev using
the FI.,lda Relay 5eNice, 118001955·8771 (TOOl., I (800) 955-8770 (Volcel.
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami. Miami·Dade County. Fionda
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'
flkla Miami Review, a daily (except Saturday, Sunday ~nd
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· JUNE 20, 2017
in the XXXX Court,
was published in said newspaper in the issues of
06/09/2017
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 !Jeen continuously published in said Miami-Dade
County, Florida each day (except Saturday; Sunday and
legal Holidays) and has been entered as second class mail,
malter at, the post office in Miami in said Mi,ami-Dade County,
Florida, for a period of one year next preceding the first
publication of the attached copy of advertiseme,nt; 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 this advertisement for
9
CITY OF ,SOUTH MIAMI
N()TI~EOF~"IJL.IC· HEARING
NOTiCE IS HEREBY91ven 'that tlie 'Ciiy Commission of llie city of South Miami,
Florida will conduc(Pu~IIi:'Hearing(s)at its reg\llar City Commission meeting
schedulEid for Juesday, June 20;:2017 .. beginning at7:00p.rn., in the. City
Commission Chambers, 61SqSlinset Qrhie; 10 consider the following ilem(s):
, '
A Resciiution:~iip.roliirig ilrid.authorizing ~h9 City Managerto continue
with lliei 9xisilng Miarill:Oade County contract Withlndlgci Energy Partners,
LLC forthe.purch,ase:i1riifdelivery of bulk fueIgasoline and diesel for
t~eq.IY,'~v~,;~cW~fI~~,!¥.1~ ~,ui.pI!'!l!l~,~ ,.:' '_ .~, ,,' " ":,, _ .. A ResoltiilonllutiioriZin'ithe,CiIy Manager to negotiate and enter into a
mUlti-year agreement wlth'Printing Corp. ofth9Americ~s, Inc, to design,
print, SUpply: and mail prCiwam guides. " "
, " An Ordinance relating to th~ City's 2017 fiscal year bUdget; authorizing
al) increase, ()f appropriations for expenditure tineitem125-1730-!i:41-3450
People's Transportation Tax Fund Di(ept TransitG6nlractuai Services'
account in the amount of $,70,500. ' ", " ,
(
An Ordinance ~nh~ Cttyof8outh Miami's Code of ordinances reserving)
sections 5-16 through 5-19 In Chapter 5,Article II and creating Art.lcle
, III, titled Nuisance ,AnimalS, Sections 5-20 and ,5-21 to contml the feral
. animals and mosquitoes. , , ", '
, , '
, ALL Interested parties are invited to atten'd and will be heard.
" ,
For furthe~ information, ,~Iease cOntact the CItY Clerk's Office at:
305-663-6340. ;~i/~,;,
" ~
;/ ... , .... : Maria M, Menendez, CMC
, City Clerk,
PurSuant t6 Florida StatUtes 286.0105, the City, Ae~ebyadvises the public
,that if a person, decides to ,appeal aiiy decision made by this Board, A.gency
or Commission With respe.ct to any matter considered at'lts meeting or
hearing, he or she will neea a record of ~he proceeilings, a~d that for such'
purpose, affected Jlerson ma~ need t?·ensurethat a v~rbatlm recOrd of the
proceedings is made which record Includes the testimony and evidence
upon which the appeal is to be based.
6/9 '17-51/0000231774M