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Ord No 16-22-2437
ORDINANCE NO. 16-22-2437 An Ordinance amending Chapter 15, Article I, Section 15-62 of the City of South Miami Code of Ordinances regarding the hunting and shooting of animals. WHEREAS the City of South Miami is a designated Wildlife Sanctuary; and WHEREAS Florida Statute Section 790. I 5 prohibits the discharge of a firearm in any public place or on any property used primarily as the site of a dwelling as defined in s. 776.013 or zoned exclusively for residential use: and WHEREAS with the exception of law enforcement officers in the discharge of their official duties, or on non-residential property such as gun clubs, pistol ranges or shooting galleries, it is unlawful for any person to discharge a firearm in the City except when lawfully defending life or property; and WHEREAS the City desires to amend Section 15-62 of the Code of Ordinances relating to hunting and shooting in the City. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recitals are hereby ratified and incorporated by reference as if fully set forth herein and as the legislative intent of this Ordinance. Section 2. Chapter I 5. Article I. Section 15-62 of the City of South Miami Code of Ordinances is hereby amended to read: Sec. 15-62. -Shooting of birds, animals, stray dogs and cats. The lnmtiAg or shooting of birds and animals for sport.1 or otherwise, is prohibited other than when done lawfully by a law enforcement officer,:. e~{eept \\!heA sueh shootiAg is to eAd the sufferiRg of aA iAjured or siek aAimal. The shootiAg of stray or homeless eats aAd dogs is allowed, if permit has first beeA obtaiAed from the ehief ofpoliee. or sf:lootiAg is doAe by a polieemaA or other offieer of the lav,r. Section 3. Corrections. Conforming language or technical scrivener-type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final ordinance for signature. 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or parts of ordinances and all sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.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. Codification. The provisions of this ordinance will become and be made a part of the Code of Ordinances of the City of South Miami as amended. Page 1 of2 Ord. No . 16 -2 2 -2437 S ection 6. Severa bility. If any sec ti on, c lause, sentence , or ph rase of thi s ordin ance is for any reason held in va lid or uncon s tituti o nal by a co urt of competent ju ri sdict ion , th is holding w ill not affect the va li dity of the remain in g po rtions or thi s ord in ance. Section 7. Effective Date. This ordinanc e is effective up on e na ct ment. PASSED AND ENACTED this 2 1st day or June. 2022. ATTEST: APPROV ED : c~~\k~ ~~· ✓~r I st Reading -6/7/22 2nd Readin g -6/2 1 /22 READ AND A PPROVED AS TO FORM, LANGUAGE, LEGA LI TY, AND EXECU T;:;r COMM ISSION VOTE: Mayor Philip s: Co mmissi oner Harri s : Co mm issione r Li eb man: Co m m iss ione r G il: Co mmi ss ione r Corey : Page 2 of2 5-0 Yea Yea Yea Yea Yea Agenda Item No:6. City Commission Agenda Item Report Meeting Date: June 21, 2022 Submitted by: Thomas Pepe Submitting Department: City Attorney Item Type: Ordinance Agenda Section: Subject: An Ordinance amending Chapter 15, Article I, Section 15-62 of the City of South Miami Code of Ordinances regarding the hunting and shooting of animals. 3/5 (Mayor Philips) Suggested Action: Attachments: Ord_Amending_15-62_re_Hunting_and_Shooting_animals CC amend. 1st reading.docx MDBR Ad.pdf Miami Herald Ad.pdf 1 4 MIAMI-DADE STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned au tho rity per sona ll y appe ared GUILLERMO GARCIA, who on oath says that he or sh e is the DIREC TOR OF OPERAT IONS , Leg al Notices of the Miami Da ily Bus.iness R e view f/k/a Miami Review , a daily (exce pt Satu rda y, Sunday and Legal Holid ays) newspaper, published at Miami in Miami -Dade County , Florida ; th at th e atta ched co py of advertisement, bei ng a Leg al Advertise ment of Notice in the ma tte r of CITY OF SOUTH MI A MI. PUBLI C HE ARIN GS -JUN . 21 . 2022 i n the XXXX Court, wa s publish ed in sa id newspaper by pri nt in the issues of and/o r by publication on the newspaper's website, if authorized , on 06 /10/2022 Affi ant furth er sa ys that the newspaper complies with all lega l fo r publication in cha pt er 50 , Florida Swo rn and subsc ribe d before me th is 10 day o , A.D. 2022 ..• •;~f.f.'::···•.. CHRISTI NA LYNN RAVIX J·· Ji.~:~ Commlsslon#GG 27777 1 ~-~-~; Expires November 19 , 2022 ···~k¥,r,.?.':··· Bonded ThruTroy Fail~ ~7019 CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION NOTICE OF PUBLIC HEARINGS In order to balance the need for the City of South Miami to function and conduct vital business during the COVID 19 pandemic and , at the same time, to protect the health, safety and welfare of its citizens, officers, officials and administrative staff, and pursuant City of South Miami Code, Chapter 286.011, Fla. Stat, the C ity's Home Rule Powers, and City Manager's declaration of a state of emergency d ue to the Coronavirus, the City will be holding its C ity Commission Meeting live in chambers and VIRTUALLY through commun ications med ia technology (CMl) until the state of emergency has ended or social d is tanc ing is no longer required by any relevant Execut ive Orders. All Commission members will participate in Chambers or by video conferencing through the Zoom platform and' members of the public may join the meeting via Zoom at (bttg_s://zoom.usa,'.3056636338) and participa te. At a mini mum , at least three members of the City Commission will be physically present in the City Commission Chambers and they will be broadcast on the Zoom platform along· with all other members of the Commission, City Staff and the.public who may attend remotely from the Commiss ion Chambers and from other locations. The meeting is scheduled to begin on Tuesda June 21 2022 at 7:00 .m . to consider the following public hearing item(s): • A Resolut ion ratifying the three-year Collective Bargaining Agreement from Jun e 22 , 2022 to Jun e 21, 2025 between the American Federation of State, County, and Municipal Employees (AFSCME), local 3294 and the City of South M iami, and authorizing its execution by the City Manager. A Resolut ion authorizing the City Manager to enter into a multi-year agreement and to procure services with BrightView landscaping Services, Inc. for Citywide landscaping Services. An Ordinance amending the South Miami Pension Plan; by amend ing Chapter 16 'Pensions ', Article II 'City Pension Plan ", 'Section 16-28, 'Deferred Retirement Option Plan ('DROP ')' 5 , An Ordinance amending Chapter 15, Article I, Section 15-62 of the City of South Miami Code of Ordinances regarding the hunting a.oo shooting of animals. If you desire to present evidence or you are unable to use Zoom, there are procedures to follow and other options available including a dedicated phone line to listen and participate in the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hall and at ht! ://www.southmiamifl. ov/580/Publ ic-Meetin s-Notices. Anyone who wishes to review pending application, supporting documentation or who _desire..,.to, have documents made avai lable for viewing by..everyone during the meeting must contact the City Clerk by calling 305-663-6340. Note that pursuant to Florida Statutes 286.0105, a person who decides to appea l any decision made by a Board, Agency or Comm ission with respect to any matter considered at its meeting or hearing, a record of the proceedings will be required for said appeal and such person will be required to have a verbatim transcript of the proceed ings including the testimony and evidence upon which the appeal is to be based. ADA: To request a modification to a policy, practice or procedure or to re- quest an auxiliary aide or service in order to part icipate in a City program, activity or event, you must on or before 4:00 p.m. 3 bus iness days before the meeting (not counting the day of the meeting) deliver your request to the City Clerk by telephone: 305-663-6340, by mail at 6130 Sunset Drive, South Miami, Florida or email at npayne@southmiamifl .gov. N~enga A. Payne, CMG, FCRM City Clerk 1 The minimum standards for adopting a resolution or enacting an ordinance are set forth in 166.041(4) "' A majority of the members of the governing body shall constitute a quorum. An affirmative vote of a majority of a quorum present is necessary to enact any ordinance or adopt any resolution. ••· 6/10 22-55/0000602359M 18SE ...................................................................................................NEIGHBORS SUNDAY JUNE 12 2022 6 Great rates. Great service. 1.30°C~. 1. 70°C~. 2.00°C~. 2.50°C~. 29-Month CD Special $500 Minimum 39-Month CD Special $500 Minimum 49-Month CD Special $500 Minimum 59-Month CD Special $500 Minimum The best CD rates aren't just on line. They are at your neighborhood Third Federal, too. With convenient locations to serve you, call or visit us today. Same great rates available in-branch and at www.thirdfederal.com. Member FDIC SAVINGS & LOAN thirdfederal.com Call or visit one of our convenient locations. Boca Raton I 561-347-7433 • Delray Beach I 561-637-6469 Greenacres I 561-964-6660 • North Palm Beach I 561-630-6488 Coral Springs I 954-340-4032 • Hallandale I 954-457-2488 Plantation I 954-472-6039 IINIIINltOMI...,.._. -· 'Annual Percentage Yield (APY) is accurate as of 5/26/22 . Minimum deposit of $500 to open and earn stated APY. Deposits over $1,000,000 subject to review. CDs subject to penalty forearty withdrawal. An early withdrawal may reduce earnings. Offers and rates subject to change at any time. Funds insured according to FDIC insurance requirements. ©2022 Third Federal CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION NOTICE OF PUBLIC HEARINGS In order to balance the need for the City of South Miami to function and conduct vital business during the COVID 19 pandemic and , at the same time, to protect the health, safety and welfare of its citizens, officers, officials and administrative staff, and pursuant City of South Miami Code, Chapter 286 .011, Fla . Stat, the City's Home Rule Powers, and City Manager's declaration of a state of emergency due to the Coronavirus, the City will be holding its City Commission Meeting live in chambers and VIRTUALLY through communications media technology (CMn until the state of emergency has ended or social distancing is no longer required by any relevant Executive Orders. All Commission members will participate in Chambers or by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at (https://zoom.us/j/3056636338) and participate. At a minimum , at leastthree members of the City Commission will be physically present in the City Commission Chambers ' and they will be broadcast on the Zoom platform along with all other members of the Commission, City Staff and the public who may attend remotely from the Commission Chambers and from other locations . The meeting is scheduled to begin on Tuesday June 21 2D22 at 7:DD o.m. to consider the following public hearing item(s): A Resolution ratifying the three-year Collective Bargaining Agreement from June 22 , 2022 to June 21, 2025 between the American Federation of State, County, and Municipal Employees (AFSCME), Local 3294 and the City of South Miami, and authorizing its execution by the City Manager. A Resolution authorizing the City Manager to enter into a multi-year agreement and to procure services with BrightView Landscaping Services, Inc. for Citywide Landscaping Services. An Ordinance amending the South Miami Pension Plan; by amending Chapter 16 "Pensions", Article II "City Pension Plan", "Section 16-28, "Deferred Retirement Option Plan ("DROP")" An Ordinance amending Chapter 15, Article I, Section 15-62 of the City of South Miami Code of Ordinances regarding the hunting and shooting of animals. If you desire to present evidence or you are unable to use Zoom , there are procedures to follow and other options available including a dedicated phone line to listen and participate in the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hall and at http://www.southmiamifl.gov/580/Public-Meetings-Notices. Anyone who wishes to review pending application, supporting documentation or who desire to have documents made available for viewing by everyone during the meeting must contact the City Clerk by calling 305-663-6340 . Note that pursuant to Florida Statutes 286.0105, a person who decides to appeal any decision made by a Board , Agency or Commission with respect to any matter considered at its meeting or hearing, a record of the proceedings will be required for said appeal and such person will be required to have a verbatim transcript of the proceedings including the testimony and evidence upon which the appeal is to be based. ADA: To request a modification to a policy, practice or procedure or to request an auxiliary aide or service in order to participate in a City program, activity or event , you must on or before 4:00 p.m . 3 business days before the meeting (not counting the day of the meeting) deliver your request to the City Clerk by telephone: 305-66:Hi340, by mail at 6130 Sunset Drive, South Miami, Florida or email at npayne@southmiamifl.gov. Nkenga A. Payne, CMC, FCRM City Clerk 1 The minimum standards for adopting a resolution or enacting an ordinance are set forth in 166.041 (4) *** A majority of the members of the governing body shall constitute a quorum. An affirmative vote of a majority of a quorum present is necessary to enact any ordinance or adopt any resolution.*** The Public is advised that a Public Hearing will be held on Tuesday, June 14, 2022 at 9:30 A.M., by the Miami-Dade County Board of County Commissioners {BCC) in the Commission Chambers located on the Second Floor of the Miami-Dade Stephen P. Clark Center, 111 N. W. First Street, Miami, Florida 33128. Among other matters to be considered at this meeting, a public hearing will be held at such time that the items are called on the following ordinance and resolution : ORDINANCE RELATING TO THE SOUTHEAST OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT AREA; AMENDING SECTION 29-6 OF THE CODE OF MIAMI- DADE COUNTY, FLORIDA; REVISING DELEGATION OF EXERCISE OF POWERS OF THE SOUTHEAST OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT AGENCY; EXTENDING THE TERMINATION DATE OF THE AGENCY; MAKING TECHNICAL CHANGES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE RESOLUTION ACCEPTING ASSESSMENT OF NEED STUDY; MAKING FINDINGS AND APPROVING, AFTER A PUBLIC HEARING, THE SOUTHEAST OVERTOWN PARK WEST REDEVELOPMENT AREA'S AMENDED COMMUNITY REDEVELOPMENT PLAN RELATED TO THE GEOGRAPHIC AREA KNOWN AS THE SOUTHEAST OVERTOWN PARK WEST, WHICH IS DESCRIBED AS A PORTION OF MIAMI -DADE COUNTY, FLORIDA, GENERALLY BOUNDED BY NW 22ND STREET TO THE NORTH, NW 7TH AVENUE TO THE WEST, NW 1 ST PLACE TO THE EAST AND NW 1 ST STREET TO THE SOUTH; APPROVING OF AND AUTHORIZING THE COUNTY MAYOR OR MAYOR'S DESIGNEE TO EXECUTE AN AMENDMENT TO THE 1983 INTERLOCAL COOPERATION AGREEMENT BETWEEN MIAMI-DADE COUNTY ("COUNTY"), THE CITY OF MIAMI ("CITY"), AND THE SOUTHEAST OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("AGENCY"), SUBJECT TO CONDITIONS PRECEDENT AND APPROVAL BY THE CITY AND THE AGENCY; WAIVING RESOLUTION NOS. R-1382 -09, R-871-11, R-599-15, AND R-499-16, WHICH REQUIRE PARTICIPATION OF COUNTY COMMISSIONERS, COUNTY REPRESENTATIVES, AND/OR PRIVATE CITIZENS ON COMMUNITY REDEVELOPMENT AGENCIES' BOARDS OF COMMISSIONERS; EXTENDING THE LIFE OF THE AGENCY AND THE SOUTHEAST OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT AREA UNTIL MARCH 31, 2042 IN ACCORDANCE WITH SECTION 163.3755, FLORIDA STATUTES; DIRECTING THE COUNTY MAYOR OR MAYOR'S DESIGNEE TO IDENTIFY LEGALLY AVAILABLE FUNDS FROM WITHIN THE FISCAL YEAR 2021-2022 COUNTY BUDGET TO FUND THE WAIVER OF THE 1.5 PERCENT ADMINISTRATIVE FEE CHARGED TO THE AGENCY FOR THE REMAINING LIFE OF THE AGENCY AND TO INCLUDE THE WAIVER OF THE 1.5 PERCENT ADMINISTRATIVE FEE IN THE COUNTY MAYOR'S PROPOSED BUDGET FOR FISCAL YEAR 2022-2023; AND REQUIRING A REPORT All interested parties may appear and be heard at the time and place specified above. Copies of the resolution may be obtained from the Clerk, Board of County Commissioners, 17th Floor of the Miami-Dade County Stephen P. Clark Center, 111 N.W. First Street, Miami, Florida, 33128. A person who decides to appeal any decision made by the Board, Agency or Commission with respect to any matter considered at this meeting or hearing will need a record of the proceedings. Such person may need to ensure a verbatim record of the proceedings is made, including the testimony and evidence upon which appeal is to be based. Miami-Dade County provides equal access and equal opportunity in the employment and services and does not discriminate on the basis of handicap. Sign Language Interpreters are available upon request. Please call (305) 375-2820 at least five (5) days in advance. For legal ads online, go to http://legalads.miamidade.gov