Res No 078-23-16011RESOLUTION NO. 078-23-16011
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF S O UTH MIAMI, FLORIDA, DECLARING THE
CITY'S INTENT TO OPT-OUT OF SECTION 5-16 OF THE
MIAMI-D ADE COUNTY CODE OF ORDINANCES
RELATING TO THE TAKING OF PEAFOWL; APPROVING
A PEAFOWL MITIGATION POLICY RELATING TO THE
HUMANE REMOVAL OF PEAFOWL THROUGHOUT THE
CITY; PROVIDING FOR TRANSMITTAL; PROVIDING
FOR IMPLEMENTATION, CORRECTIONS, AND AN
EFFECTIVE DA TE.
WHEREAS, the City of South Miami (the "City") ha s experienced an increase in t he
peafowl popula ti o n lo cat e d w ithin the C ity; and
WHEREAS, peafowl ar e a n o n-nati ve a nd invasive species, not otherwise protected by
fed eral or s tate law, th at compete w it h indi geno us bird s pec ies, prey o n nati ve species, cause
property damage, trans mit parasites , c reate sub s tantial noise po ll ution, and interfere w ith traffic in
the C ity; and
WHEREAS, based o n the fo rego ing , the C ity Commission find s that the proli ferat ion of
peafowl w ithin the C ity c reates a s ignifi cant threat to the h ea lth, safety, and welfa re of resident s
and n ative species; and
WHEREAS, Section 5-16, "Taking of p eafowl prohibited ; muni c i p a l opt-out," of the
Miami-Dade County ("Cou nty") Code of Ordinances prov ides that it is unlawful for an y person to
take, attempt to take, hunt, m o lest, capture, or kill a ny peafowl , t he ir nests o r eggs, b y any means,
b ut a ll ows muni c ipa lities to o pt o ut of t he prohibition b y adopt ing a peafowl mitigation plan that
provides for t h e huma n e re m oval of peafowl, if approved by the County Board of County
Co mmissione rs ("BCC"); and
WHEREAS, in accordan ce w ith Section 5-16 of th e County Cod e, the City Commission
des ires to approve the Peafowl Mitigation P o li cy attached h e reto as Ex11ibi t "A" (the "Policy") to
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Res. No. 078-23-16011
provide residents with additional options to humanely remove peafowl from their private property
and authorize City Staff to engage qualified private companies to humanely remove peafowl from
City-owned properties and public rights-of-way; and
WHEREAS, the City Commission finds that this Resolution is in the best interest and
welfare of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The above-stated recitals are true and correct and are incorporated
herein by this reference.
Section 2. Declaration of Opt-Out. The City Commission hereby declares its intent
to opt-out of Section 5-16 of the County Code by adoption of the Policy.
Section 3. Approval of Peafowl Mitigation Policy. That the City Commission
hereby approves the Policy attached hereto as Exhibit "A."
Section 4. Transmittal. The City Clerk is directed to transmit a copy of this
Resolution and the Policy to County Mayor Daniella Levine Cava and the members of the County
BCC.
Section 5. Implementation. The City Manager is authorized to take any and all
actions necessary to implement the Policy and the purposes of this Resolution.
Section 6. 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 resolution for signature.
Section 7.
adoption.
Effective Date. This Resolution shall become effective immediately upon
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Res. No. 078-23-16011
PASSED AND ADOPTED this~ day of :!.illy, 2023.
ATTEST:
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION T EOF
WEISS SEROTA HELFMAN COLE
& BIERMAN, P.L.
CITY ATTORNEY
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APPROVED:
COMMISS ION VOTE:
Mayor Fernandez:
Vice Mayor Bonich:
Commiss io ne r Call e:
5-0
Yea
Yea
Yea
Commissioner Liebman: Yea
Commissioner Corey: Yea
Agenda Item No:5.
City Commission Agenda Item Report
Meeting Date: July 5, 2023
Submitted by: Samantha Fraga-Lopez
Submitting Department: City Manager
Item Type: Resolution
Agenda Section:
Subject:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, DECLARING THE
CITY’S INTENT TO OPT-OUT OF SECTION 5-16 OF THE MIAMI-DADE COUNTY CODE OF ORDINANCES
RELATING TO THE TAKING OF PEAFOWL; APPROVING A PEAFOWL MITIGATION POLICY RELATING TO
THE HUMANE REMOVAL OF PEAFOWL THROUGHOUT THE CITY; PROVIDING FOR TRANSMITTAL;
PROVIDING FOR IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE. 3/5 (VICE MAYOR
BONICH)
Suggested Action:
Attachments:
Peacock_Memo.docx
46S2202-Resolution_Approving_Peafowl_Mitigation_Policy.docx
Exhibit A - Peafowl Policy.docx
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CITY OF SOUTH MIAMI
OFFICE OF THE CITY ATTORNEY
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM:Lillian Arango and Tony Recio, City Attorneys
CC:Genaro “Chip” Iglesias
DATE:July 5, 2023
SUBJECT:Peafowl Mitigation Policy
The accompanying Resolution was prepared and placed on the agenda at the request of Vice
Mayor Lisa Bonich.
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RESOLUTION NO. 2023-1
A RESOLUTION OF THE CITY COMMISSION OF THE 2
CITY OF SOUTH MIAMI, FLORIDA, DECLARING THE 3
CITY’S INTENT TO OPT-OUT OF SECTION 5-16 OF THE 4
MIAMI-DADE COUNTY CODE OF ORDINANCES 5
RELATING TO THE TAKING OF PEAFOWL; APPROVING 6
A PEAFOWL MITIGATION POLICY RELATING TO THE 7
HUMANE REMOVAL OF PEAFOWL THROUGHOUT THE 8
CITY; PROVIDING FOR TRANSMITTAL; PROVIDING 9
FOR IMPLEMENTATION, CORRECTIONS, AND AN 10
EFFECTIVE DATE.11
WHEREAS, the City of South Miami (the “City”) has experienced an increase in the 12
peafowl population located within the City; and13
WHEREAS,peafowl are a non-native and invasive species, not otherwise protected by 14
federal or state law, that compete with indigenous bird species, prey on native species, cause 15
property damage, transmit parasites, create substantial noise pollution, and interfere with traffic in 16
the City; and17
WHEREAS,based on the foregoing, the City Commission finds that the proliferation of 18
peafowl within the City creates a significant threat to the health, safety, and welfare of residents 19
and native species; and20
WHEREAS,Section 5-16, “Taking of peafowl prohibited; municipal opt-out,” of the 21
Miami-Dade County (“County”) Code of Ordinances provides that it is unlawful for any person to 22
take, attempt to take, hunt, molest, capture, or kill any peafowl, their nests or eggs, by any means, 23
but allows municipalities to opt out of the prohibition by adopting a peafowl mitigation plan that 24
provides for the humane removal of peafowl, if approved by the County Board of County 25
Commissioners (“BCC”); and26
WHEREAS,in accordance with Section 5-16 of the County Code, the City Commission 27
desires to approve the Peafowl Mitigation Policy attached hereto as Exhibit “A” (the “Policy”) to 28
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provide residents with additional options to humanely remove peafowl from their private property 29
and authorize City Staff to engage qualified private companies to humanely remove peafowl from 30
City-owned properties and public rights-of-way; and31
WHEREAS, the City Commission finds that this Resolution is in the best interest and 32
welfare of the City.33
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 34
CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:35
Section 1.Recitals.The above-stated recitals are true and correct and are incorporated 36
herein by this reference.37
Section 2.Declaration of Opt-Out.The City Commission hereby declares its intent 38
to opt-out of Section 5-16 of the County Code by adoption of the Policy.39
Section 3.Approval of Peafowl Mitigation Policy. That the City Commission 40
hereby approves the Policy attached hereto as Exhibit “A.”41
Section 4.Transmittal.The City Clerk is directed to transmit a copy of this 42
Resolution and the Policy to County Mayor Daniella Levine Cava and the members of the County 43
BCC.44
Section 5.Implementation. The City Manager is authorized to take any and all45
actions necessary to implement the Policy and the purposes of this Resolution.46
Section 6.Corrections. Conforming language or technical scrivener-type corrections 47
may be made by the City Attorney for any conforming amendments to be incorporated into the 48
final resolution for signature.49
Section 7.Effective Date. This Resolution shall become effective immediately upon 50
adoption.51
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PASSED AND ADOPTED this ____ day of _____________, 2023.52
ATTEST:APPROVED: 53
54
55
CITY CLERK MAYOR56
57
58
READ AND APPROVED AS TO FORM, COMMISSION VOTE:59
LANGUAGE, LEGALITY AND Mayor Javier Fernández:60
EXECUTION THEREOF Vice Mayor Lisa Bonich:61
Commissioner Steve Calle:62
Commissioner Joshua Liebman:63
Commissioner Brian Corey:64
WEISS SEROTA HELFMAN COLE 65
& BIERMAN, P.L.66
CITY ATTORNEY67
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EXHIBIT A
PEAFOWL MITIGATION POLICY
Subject to the approval of the Miami-Dade County Board of County Commissioners, this
Peafowl Mitigation Policy is established pursuant to Resolution No. 2023-. This
Peafowl Mitigation Policy shall serve as the City’s policy for the humane removal of
peafowl throughout the City to address the proliferation of peafowl throughout the City.
A. Removal of Peafowl from Private Property.
Residents and business owners may contract directly with state-certified animal control
specialists for the humane removal and relocation of peafowl to address peafowl located
on private property. Peafowl, their nests, and eggs may not be harmed or killed in the
process of removal and relocation.
B. Removal of Peafowl from City-Owned Property and Public Rights-of-Way.
The City shall establish an annual budget for the removal and relocation of peafowl from
City-owned property and public rights-of-way. Peafowl, their nests, and eggs may not be
harmed or killed in the process of removal and relocation. The City Manager’s Office shall
be responsible for administering the fundsand coordinating with one or more state-certified
animal control specialists for the humane removal or relocation of peafowl.
C. Humane Neutering Program.
The City shall research and investigate options to professionally and humanely sterilize or
neuter peafowl in order to manage the peafowl population in the City. Any neutering
program implemented by the City will be performed without causing harm or death to
peafowl, their nests, or eggs.
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