241 ORDINANCE NO. _____ _
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 permit 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,
3 1 and tear up gardens while looking for food; 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 pollution into South Miami's
38 lakes and canals each day as a human would if that 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 shall 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 ethef 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 (b) Rain gutters must be screened or manually kept clear of debris.
40 (c) 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 (d) 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-Iettered 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: