81 ORDINANCENO, __________ __
2
3 An Ordinance of the City of South Miami's Code of Ordinances reserving
4 sections 5-16 through 5-19 in Chapter 5, Article II and creating Article
5 III, titled Nuisance Animals, Sections 5-20 and 5-21 to control the feral
6 animals and mosquitoes,
7
8 WHEREAS, feeding feral animals contributes to their reproduction and
9 overpopulation, can foster transmission of disease to pets, and can create a public
10 nuisance; and
11
12 WHEREAS, Florida Statutes, section 379.231 (1) states: "It is unlawful. .. to
13 release within this state, any species of the animal kingdom not native to Florida unless
14 authorized by the Fish and Wildlife Conservation Commission"; and
15
16 WHEREAS, the Florida Fish and Wildlife Conservation Commission (FWC)
17. leave control of nuisance or feral cats to local governments; and
18
19 WHEREAS, Florida Administrative Code Chapter 68A prohibits the release of
20 most non-native animals without a pe:nnit and allows their removal without restriction
21 unless specifically protected; and
22
23
24 WHEREAS, Florida Administrative Code Section 68A-4.001(3) prohibits the
25 intentional placement of food or garbage, or allowing the placement of food or garbage in
26 such a manner that it attracts foxes or raccoons (both of which reside in South Miami) and
27 in a manner that is likely to create or creates a public nuisance; and
28
29 WHEREAS, peafowl of both sexes are attractive and slow traffic, but also make a
30 great deal of noise in the pre-dawn hours, leave large amounts of excrement on walkways,
31 and tear up gardens while looking forlood; and
32
33 WHEREAS, peacocks in South Miami attack their own reflections in dark-colored
34 cars, thereby marring the paint and costing residents thousands of dollars in repairs; and
35
36 WHEREAS, Muscovy ducks eat on land and defecate in the water, and every
37 Muscovy duck releases as much nitrogen and phosphorous pollutiol1 into South Miami's
38 lakes and canals each dayas a human would ifthat person's toilet flushed directly into the
39 water body; and
40
41 WHEREAS, animals turn food into offspring and thus supplementing the food
42 supply of feral animals serves to increase the population size and the magnitude of the
43 nuisance; and
44
45 WHEREAS, Mosquitoes harm the quality of life, and some species may transmit
46 disease; and
.47
48 WHEREAS, Florida Statutes Ch. 388.291(3) states: "Property owners III a
. ,
1 developed residential area shall maintain their property in a manner that does not create or
2 maintain any standing freshwater condition capable of breeding' mosquitoes' or other
3 arthropods in significant numbers such as to constitute a public health, welfare, or
4 nuisance problem."
5
6 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
7 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
8
9 Section 1. Chapter 5, Article II of the City of South Miami's Code of Ordinances
10 shaH be amended to reserve sections 5-16 through 5-19.
11
12 Section 2. Chapter 5, of the City of South Miami's Code of Ordinances shall be
13 amended to add Article III, Section 5-20 which shall read as follows:
14
15 Article III Nuisance Animals
16
17 Sec. 5-20 Feral animals .
18 (a) Legislative intent. The intent of this section is to provide protection from
19 nuisances caused by· feral animals that disturb the peace, promote unsanitary
20 conditions or disease transmission, or interfere with the ability of etfief people
21 to enjoy their yards and the outdoors.
22 (b) Feeding animals ,on public property or the public right of way is prohibited.
23 (c) Feeding feral waterfowl and peafowl (peacocks and peahens) is prohibited
24 anywhere in South Miami.
25 (d) Release of non-native animals and domesticated animals is prohibited.
26 (e) Penalties. The first offence shall receive a written warning. Subsequent
27 offences shall be fined $500 per day. Enforcement procedure, including notice
28 of violation and hearings for violations, shall be in accordance with that set
29 forth in section 2-25 of the City's Code of Ordinances.
30
31 Section 3. Chapter 5 of the City of South Miami's Code of Ordinances shall be
32 amended to add Section 5-21 and which shall read as follows:
33
34 Sec. 5-21 Mosquitoes
35 Conditions that promote the breeding. of mosquitoes are prohibited.
36 (a) Objects and cavities that can ,collect rain water that might serve as breeding
37 sites for mosquitoes must be covered, inverted, drilled, fitted with a drain, or filled
38 with sand or mortar to prevent water from collecting or mosquitoes from entering.
39 Cb) Rain gutters must be screened or manually kept clear of debris.
40 Cc) Rain barrels, cisterns, and corrugated plastic downspouts must be screened with
41 insect -proof material in such a fashion as to prevent the entry or exit of crawling
42 mosquitoes.
43 Cd) Bromeliads. Outdoor cultivation of non-native bromeliad species that can hold
44 rainwater is permissible only if they are treated no less than weekly in a manner
45 that prevents the breeding of mosquitoes. If over 50 mosquito larvae are foUnd in
46 bromeliads on a property after the first written warning, the bromeliads shall be
47 deemed a nuisance and must be removed.
·48 (e) Boats must be covered in such a way to prevent collecting rainwater.
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(f) Tarps must be pitched in such a way to prevent collecting rainwater.
(g) 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 of the 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 __ th_ day of _____ , 2017.
ATTEST:·
CITY CLERK
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY,
AND EXECUTION THEREOF:
CITY ATTORNEY
Page 3 of3
APPROVED:
MAYOR
COMMISSION VOTE
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Edmond:
Commissioner Harris:
Commissioner Liebman:
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade Co.unty, 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'
flkla 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-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 peen continuously published in said Miami'-Dade
County, Florida each day (except Saturday; Sunday and'
Legal Holidays) and has been entered as second class mail·
matter ai 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 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 purpose of securing this advertisement for
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC-HEARING
NOTICE IS HEREBY given that ihe City Commission of the City of South Miami,
Florida will conduct Public Hearing(s) at its regular City Commission meeting
scheduled for Tuesday, June 20, 2017,beginning at 7:00 p.m., in the City
Commission Chambers, 6130 Sunset Qrive, to consider the following item(s):
A Resolution. approving and. authorizing the City Manager to continue
with the existing Miami-Dade County contract with Indigo Energy Partners,
LLC for the purchase arid delivery of bulk fuel gasoline and diesel for
. the City'iniehicfefleet and equipment. .' .
-'AR~s~iJil~n'~ufh~rizi~gttie.City Manager to negotiate and ellfer into'a-
multi-year agreement with Printing Corp. of the Americas, Inc; to design,
print, supply and mail program guides. . .
An Ordinance relating to the City's 2017 fiscal year bUdget; authorizing
an increase of appropriations for expenditure line item 125'1730-541-3450
. People's Transportation Tax Fund Direct Transit Contractual Services .
account in the amount of $70,500.
(
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 Art.icle
. III, titled Nuisance Animals, Sections 5-20 and 5-21 to control the feral
, animals and mosquitoes. . .
ALL interested parties are invited to atten'd and will be heard.
. I
For further information, please contact the City Clerk's Office at:
305-663-6340.:~ . ;;/":!.
./ ,r'··'· Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City Aereby advises the public
. that if a person decides to appeal any decision ma~e by this ~oard, A.gency
or Commission with resp~ct to any matter considered at Its meeting or
hearing, he or she will need a record of ~he proceedings, and that for such
purpose, affected person may need to ·ensure that a verbatim 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
20SE I I NEIGHBORS I SUNDAY JUNE 112017
MIAMIHERAlD.COM
~D Public Meeting Notice
COLONIAL DRIVE 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@miamidade.gov
To request maferials in accessible format, sign language interpreters and/or allY accommodations to participate in
tmy Miami-Dade Parks-sponsored program or meeting, contact "Parks Disability Services." pds@miamidade.gov,
305-755-7848, at feast 5 days ill advance to illitiate your request, TTY users may afso calf 711 (Florida Refay Service),
For logal ads onlino, go to http://logalads.nllamidado.gov
TOWN OF CUllER BAY
NOTICE OF PUBLIC HEARING
ORDINANCE FOR SECOND READING
NOTICE IS HEREBY GIVEN Ihal Ihe Town Council of Ihe Town of CUlicr Bay, Florida will hold
a public hearing on Wednesday, June 21, 2017 at 7:00 p.rn., or as soon thereafter as possible. in
the 'Jbwn nail Council Chambers, 10720 Caribbean Boulevard, Culler Ba)" Horida, '1110 purpose
of lhe public hearing is 10 consider adoplion on Second Reading oflhe Ordinance desclibed below:
AN ORDINANCE OF THE MAYOR Al~D TOWN COUNCIL OF THE TO~N OF
CU'I1.ER BAY, ~'WR)J)A, AMENDING CHAPTER 14 OF nlll TOWN CODE TO
I:-;CLUDE SECflO:'l; 14-1, "PROIIIBITIONS REGARDING SALE OR USE OF
EXPi\. ~[)ED POLYSTYRENE FOOD SERVICE ARTICLES BY TOWN CONTRACfORS:"
PROVIDING FOR SEVERABILITY; PROVIDING ~,()R CONFLlC"; PROVIDING mR
li\CLUSION IN TilE CODE; AND PROVmlNG FOR AN EFFECflVE DATIl.
TIle Town Council may continue or defer the lwaring to a new date and time certain without
further notice provided the da(e and lime or the continuance or deferral is announced al lhe
hearing. The Ofllinance in its enlirely may be inspecled ill the Omce of the Town Clerk during
regular business hours.
Persolls wishing to appeal allY decision made by the '1'0"<11 COllllcil with respect to any mailer
conshlcrcd at such hearing will need a record of the proceedings and for such purpose may
need to ensufC Ihat a verbatim record of the proceedinh'S is made. which includes lhe lestimony
and evidence lIPOII which the ,)ppeal is (0 be based (ES, 28(',0105),
Any ami all interesled parties may appear al lhe above meeting i1nd be heard wilh respecl
to Ihe proposed items,
1n accordance with {he Americans with Disabilities Ac1 of 1990 (ADA), persons needing special
accommodations to participate in these proceedings should contal'i the Town Clerk's Ollkc ror
assistance al (,l05) 234-4202, no later lhan four (4) business days prior to slIch proceeding,
Dcbm E. Eastman. MlvIC
Tm\'ll (,Jerk
I
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that Ihe City Commission of the City of Soulh Miami. Florida will
conduct Public Hearing( s) at its regular City Commission meetiug scheduled for Tuesday, June 211,
2UI7, heginning at 7:00 p,m" in Ihe Cily Commission Chamhers, 6130 SUllset Dlive, to consider
the following item(s):
A Resolution approving and authorizing lhe City Manager to continue with the existing
Miami-Dade Counl)' t:onlracl with hHlig{l Energy Partncrs, LLC for [he purchase amI delivery
of bulk fuel gasoline and diesel for Ihe City's vehicle fleet and equipment.
A Resolmion authorizing Ihe City Manager to negotiate and enter into a multi-year agreement
with Printing COil). of the Americas, Inc. to design. print. supply and mail prngnml guide::..
An Ordinance relaling to the City's 2017 fiscal year hudgel; authorizing £Ul increase of
approprialions Ii" expenditure line item 125-1730-541-3450 People's Transporlation Tax
Fund Direel Tramil Contracillal Services accounl in lhe amount of $70,50(),
(
An Ordinancc (If lhe City of South Miami's Cnde of Ordinaul·cs reserving sections S-J6)
throngh 5-19 in Chapter 5. Article II and creating Article III. tilled Nuisance Animals, Sec lions
5-211 and 5-21 to control the feral animals and mosquiloes,
ALL interesled parties arc invited 10 attend and will he heard,
For furl her informalion, please conlact U,e City Clerk's Ollke at: 3()5-~63-(i340,
MariaM, Menendel" CMC
City Clerk
PUfsu.mt In J.ll\rida Statutes 2RCl.()105.lhC' City hrrt'hy advises till' pui'lic thaI if a pr-rson decides ill appcalllny urci<.:i{m made' hy
Ihis Bmud, Agency OJ Commis);ion with rcspt..'t;t Il' any mattel considered at its meeting Of hearing. he III she Will need:1 rct:C!rd
of Ihe proceedings. and Ihal fM surh purpose. :llfrdcd pcr .. nn may need 1\) ensun' Ihm fl verhatim rC'(:oni t\r the pT(lt"ccding.~ is
ronde which r.;:(.'or<1 indude~ the le~limony nnd ('\·j(lence U11{ln which the appenl i<; hI he ha~cJ.
Public Hearing Notice
State Road (SR) 968!W Flagler Street at NW 32 Avenue
Project Identification Number: 250629-4-32-01
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
Universal Church, Conference Room
3501 W Flagler Street, Miami, FL 33135
For information about this hearing or project, please contact
Public Information Specialist Rodolfo Roman at (305) 470-5477 or email at
Rodolfo.Roman@dot.state,fI,us
Visit wwwJdotmiamidade.com for project information.
The hearing will follow an informal format allowing 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 displays will be shown and FOOT representatives will
be available to discuss the project and answer questions. Public participation at this meeting Is solicited
without regard to race, color, national origin, age, gender, religion, disability or family status. Pursuant to the
provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate
in this workshop/hearing is asked to adVise the agency at least 7 days before the workshop/hearing by
contacting: Hong Benitez at (305) 470~S219 or in writing: FOOT, 1000 N.W. 111 Avenue, Miami, Fl33172,
email: Hong.Benitez@dot.state.fl.us. If you are hearing or speech impaired, please contact the agency using
the Florida Relay Service, 1 (800)955-8771 (TDD) or 1 (800)955-8770 (Voice),