12-06-8894,;ACIAL AGENDA
cn,y OF SOUTH MIAMI
6130 Sunset Drive
REGULAR CITY COMMISSION MEETING
DECEMBER 6TH, 1988
7:30 P.M.
A. Invocation
.6425
AIDES
Next Resolution:172-88-7073
Next Ordinance: 21-88-1415
Next Coacnission Meeting: 12/20/88
B. Pledge of Allegiance to the Flag of the United States of America
C. Items for Commission Consideration:
1. Approval of Minutes of November 15th, 1988, Regular City Commission Meeting
2. City Manager's Report
AO
3. City Attorney's Report
ORDINANCES - SECOND READING AND PUBLIC HEARING-
none
RESOLUTIONS:
a
4. A Resolution authorizing the Administration to execute a police m id pact 3/5
with the City of Homestead. (Administration)
5. A Resolution authorizing the City Administration to proceed with die request of 3/5
Federal Express to construct a outdoor kiosk station as a minor change to
Special Use Permit No. 65-82-4065 granted to the Bakery Centre site. 14
_�,Mg�or �rt��Jc
6. A Resolution authorizing the Administration to es a ish' ra C0111TIAees t 3/5
examine means to alleviate traffic concerns in the City. 6Cbr"A%01_d
(Mayor Porter)
ORDINANCES - FIRST READING:
7. An Ordinance amending Chapter 5 of the Code 4o' Ordinances by creating Article 11, 3/5
entitled "Pit Bull Dogs" consisting of Section 5-7, "Legislative Intent ",
Section 5-8, "Definition of Pit Bull Dog", Section 5--9, "Liability Insurance or
Other Evidence of Financial Responsibility Required to be IN'jaintained by Owners of
Pit Bull Dogs", Section 5-10, "Confinement of Pit Bull Dogs", Section 5-11,
"Registration of Pit Bull Dogs", Section 5-12, "Enforcement", Section 5-13,'
"Notice of Keeping of Pit Bull Dogs", Section 5-14, "Penalties"; providing for
severability and an effective date. (Vice-,Mayor Schwait)
8. An Ordinance granting a rezoning of property from C-1, Neighborhood Commercial to 4/5
C-0, Commrecial Office, on property legally described as the North 93.0 feet of
the South 293.0 feet of the East 1/2 of the SE 1/4 of the SE 1/4 of the SW 1/4
of Section 25, Township 54 South, Range 40 East, less the East 205.0 feet and
the West 125 feet of the South 200 feet of the East 1/2 of the SE 1/4 of the
SE 1/4 of the SW 1/4 of the SW 1/4 of Section 25, Range 40 East, less the South
50 feet, a/k/a 6233 S.W. 72nd Street, South Miami, Florida.
(Planning Board/Administration)
REMARKS:
none
You are hereby advised that if any person desires to appeal any decision
with respect to any matter considered at this meeting or hearing, such
person Will need to ensure that a verbatim record of the proceedings is
made, Which record includes the f-,+;
appeal is based. 111VHy and evidence upon which the
r
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA AUTHORIZING THE
ADMINISTRATION TO EXECUTE A POLICE
MUTUAL AID PACT WITH THE CITY OF
HOMESTEAD.
WHEREAS, the City Administration has recommended entering
into a Police Mutual Aid pact with the City of Homestead in order
to facilitate the functions of the respective City's police
departments during times of emergency or extraordinary situations
requiring the assistance of the Police; and
WHEREAS, the Mayor and City Commission wish to express the
support and authorization for this pact.
NOW, THEREFORE, BE IT RESOLVED, BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the City Administration is hereby
authorized to execute the Mutual Aid Agreement (Exhibit 11111) and
the joint declaration (Exhibit f1211) between the City of south
Miami and the City of Homestead.
PASSED AND ADOPTED this -- day of , 1988.
APPROVED:
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
sm.polmutai.res
MUTUAL AID AGREEMENT
South Miami, Florida , a political subdivision of Dade County
and the State of Florida, and the participatingiunicipal corporation,
by and through the undersigned representatives, in consideration for
mutual promises to render valuable aid in times of nececessity, do
hereby agree to fully and faithfully abide by and be bound by the
following terms and conditions:
1. Short Title: Nutual Aid Acreement.
2. Policy and Purpose: Because of the existence and continuing
possibility of the occurre -cc- of law e:;z orcer,c_ni proble -s and
otIner natural and manmade conditions which are, or are likely to
be, beyond the control of the services, personnel, equipment, or
facilities of the South Mlia.mi Police Department or the participating
municipal corporations, and in order to ensure that preparations
of these law enforcement acencies will be adequate to deal c.;ith any
and all of these problems or conditions, to protect the public
peace and safety, and to pres_rve the lives and property of the
people of South Miami, Florida and the participating municipalities,
it is found and declared to he necessary:
a. To create this Mutual Aid I. reement which provides for the
coordination of law enforc= ;:aent planning, operations, and PIUtL'd1
aid betse <_n South •;iaml the participa =ing municipalities.
b. To provide for the coorrii:-.ation of, the dispatch of, and use
of law enforcement
personnel and equipment whenever, due to the
existence of a local er,--rc, -ncy, either law enforcement agency
requires the dispatch to it of assistance from the other.
c. To provide for a system for the receipt, collection and dis-
semination between the + --we agencies of information, data,
directives, and intell.ige; -ce pertaining to natural disasters,
riots, civil disturlrancc -s, and other law enforcement activities.
d. To prescribe a procedure for the inventory of all law enforcemen_
personnel, facilities, and equipment in both agencies.
e. To preplan distribution and allocation of law enforcement
resources in support of this overall law enforcement mission.
f. To autliorize the establi_s::::;e?it of such organization and the
developi,lent and employjr.r� - -nt_ of such plans and measures as are
necessary and appropriate �o carry out the provisions of this
Act reePient .
Y
1
MUTUAL AID AGREEMENT
South Miami, Florida , a political subdivision of Dade County
and the State of Florida, and the participatingiunicipal corporation,
by and through the undersigned representatives, in consideration for
mutual promises to render valuable aid in times of nececessity, do
hereby agree to fully and faithfully abide by and be bound by the
following terms and conditions:
1. Short Title: Nutual Aid Acreement.
2. Policy and Purpose: Because of the existence and continuing
possibility of the occurre -cc- of law e:;z orcer,c_ni proble -s and
otIner natural and manmade conditions which are, or are likely to
be, beyond the control of the services, personnel, equipment, or
facilities of the South Mlia.mi Police Department or the participating
municipal corporations, and in order to ensure that preparations
of these law enforcement acencies will be adequate to deal c.;ith any
and all of these problems or conditions, to protect the public
peace and safety, and to pres_rve the lives and property of the
people of South Miami, Florida and the participating municipalities,
it is found and declared to he necessary:
a. To create this Mutual Aid I. reement which provides for the
coordination of law enforc= ;:aent planning, operations, and PIUtL'd1
aid betse <_n South •;iaml the participa =ing municipalities.
b. To provide for the coorrii:-.ation of, the dispatch of, and use
of law enforcement
personnel and equipment whenever, due to the
existence of a local er,--rc, -ncy, either law enforcement agency
requires the dispatch to it of assistance from the other.
c. To provide for a system for the receipt, collection and dis-
semination between the + --we agencies of information, data,
directives, and intell.ige; -ce pertaining to natural disasters,
riots, civil disturlrancc -s, and other law enforcement activities.
d. To prescribe a procedure for the inventory of all law enforcemen_
personnel, facilities, and equipment in both agencies.
e. To preplan distribution and allocation of law enforcement
resources in support of this overall law enforcement mission.
f. To autliorize the establi_s::::;e?it of such organization and the
developi,lent and employjr.r� - -nt_ of such plans and measures as are
necessary and appropriate �o carry out the provisions of this
Act reePient .
3. Definitions:
a. Local emergency: The existence of any conditions within the
territorial limits of the requesting law enforcement agency
which is, or is likely to be, beyond the control of the services,
personnel, equipment, or facilities of that agency, and
requires the assistance of the other participating law enforcement
agency to combat. Those conditions which constitute a local
emergency for which aid nay be requested and rendered pursuant
to this ?agreement shall be enumerated in a joint declaration
by the concerned agency reads, which shall be filed with the
clerks of the respective political subdivisions and shall
thereafter become part of this Agreement. Said declaration
may be amended or at any time by the agency heads
by filing subsequent declarations.
b. Agency or participating law enforcement agency: Either the
South Miami Police Department or the participating municipal
police department.
c. Agency Head: Either Chief of the South Miami Police Department,
or the Chief's designees, or the Chief of Police of the
participating municipal police department, or the Chief's
designees.
d. Certified law enforcement employee: Any law enforcement
employee certified as prc %ided in Chapter 943, Florida Statutes.
e. Participating municipal police department: The police department
of any municipality in Dade County, Florida, that has approved
and executed this-Agreement upon approval of the governing body
of that municipality.
4. Operations: The agency heads of the participating law enforcement
agencies shall:
a. Establish and maintain liaison with each other, for lava
enforcement mutual aid ani disaster services.
b. Develop and implement plans and procedures to facilitate
effective law enforcement participation in local emergencies
or other law enforcement problems.
c. Establish liaison with kcal commanders of the Division of FlorK a
Highway Patrol, Depart -rent of Highway Safety and Motor 'Vehicles,
for the purpose of coordination and the development of law
enforcement assistance plans.
d. Compile and maintain lists of all law enforcement equipment
and all personnel, to inclAe strength of regular, auxiliary,
and reserve personnel. Copies of these lists will be sent to
the other agency head as soon as compiled and at least annually
as corrected thereafter.
e. Request law enforcement mu_aal aid from the other participating
lace enforcement agency in accordance with established procedures
whenever a local emergence or other law enforcement problem
exists, and provide aid c, :_;ever requested by the other
participating agency.
f. Establish liaison with local units of the Florida National
Guard to facilitate use of military resources in a local
emergency.
g. Establish procedures to evsure the rapid flow to the other
agency head of information_ concerning natural disasters, riots
civil disturbances, or of or law enforcement problems.
h. Integrate special emergency functions into the normal operations
of their respective agencies.
i. Establish procedures for giving control of mission definition
to the requesting agency, snd for giving tactical control over
accomplishing g any such assigned min sion and supervisory control
over al.l personnel or equ_ ;:rent provided pursuant to this
Agreement to the providing agency.
5. Conflicts: Any conflicts V±twoen this Agreement and the Florida
Mutual Aid Act will be ce7irolled by the provisions of the latter,
whenever conditions exist =hat are within the definitions
stated in Sections 23.122511), (2), and (3), Florida Statutes.
6. Powers, Privileges, Immun_`ies, and Costs
a. All certified law enforce.ent personnel of the police departments
of the participating munisipalities, during such time Oat said
law enforcement personnel are actually providing aid outside the
jurisdictional limits of O employing municipality pursuant
to a request for aid made in accordance with this Agreement, shall,
pursuant to the provisions of Section 23.127, Florida Statutes,
have the same powers, dut_os, rights, privileges, and i;Dunities
as if they were perfoymji g their duties in the political
subdivision in which theti are normally employed..
b. The political subdivision having financial responsibility for
the law enforcement agency providing services, personnel,
equipment, or facilities pursuant to the provisions of this
Agreement shall bear any loss or damage to same and shall pay
any and all expenses incurred in the maintenance and operation
of same.
c. The political subdivision having financial responsibility
for the law enforcement agency providing aid pursuant to this
Agreement shall compensate all of its employees rendering aid
pursuant to this Agree enz during the time of the rendering of
such aid and shall defrav the actual travel and maintenance
expenses of such employees while they are rendering such aid.
Such compensation shall include any amounts maid or due for
compensation due to personal injury or death while such employees
are engaged in rendering such aid. Such compensation shall
also include all benefits normally due such employees.
d. All pension, insurance, relief, disability, workers' compensation.,
salary, death, and other benefits which apply to the activity
of such officers, agents, or employees of any such agency when
performing their respective functions within the territorial
limits of their respective agencies shall apply to them to the
same degree, manner, and extent while cnaagcd in the performance
of any of their functions and duties ext aterritori ally under
the provisions of this i,atual Aid Agreement. The provisions
of this Agreement shall apply with equal effect to paid and
auxiliary employees.
7. Indemnification: The political subdivision having financial
responsibility for the law enforcement agency providing aid
pursuant to this Agreement agrees to hold harmless, defend, and
indemnify the requesting law enforcement agency and its political
subdivision in any suit, action, or claim for damages resulting
from any and all acts or conOucts of employee of said providing
agency while providing aid pursuant to this Agreement, subject to
Section 768.28, Florida Staiutues, where applicable.
8. Cancellation: This Agreement may be cancelled by either ;arty
upon sixty (60) days written notice to the other party. Cancellat!c:.
1__l
q
Will be at the discretion of the Chief executive officers
of the parties hereto.
9. Effective date: This Agreement shall take effect upon approval
by the governing body of the participating municipalities,
and shall remain in full effect until cancelled as provided
herein.
i• -GR,F E�D TO AND ACKNO?,,LEDGFD this day of , 1988
City Manager, Cit—yo f South City P, ;anager, City of Hor�, t —es tead,
Miami, Florida Florida
ATTEST: ATTEST:
City Clerk, City Off Soll':h Ma imi -- City Clerk l C1tV Of 1'_G: _ StE � - -F1C iQa
Florida
AP; ROVED AS TO FOR.;: APPROVED AS TO FORIM :
City Attorney, City of South
Miami, Florida
L�
City Attorney, - City of Homes ead,
Florida
JOINT DECLARATION OF THE CHIEF OF THE SOUTH
MIAMI POI.,ICE DEPARTMENT AND THE CHIEF OF THE
CITY OF HOMESTEAD POLICE DEPARTMENT PURSUANT TO
MUTUAL AID AGREEMENT.
A police officer of either of the participating law enforcement
agencies shall be considered to be operating under the provisions of
the mutual aid agreement when:
* participating in law enforcement activities that are
pre- planned and approved by each respective agency lead,
or
* appropriately dispatched in response to a request for
assistance from the other law enforcement agency.
In compliance with and under the authority of the Mutual Aid
Agreement heretofore entered into by the City of South Miami and the
City of Homestead, Florida, it is hereby declared that the following
list comprises the circumstances and conditions under which mutual aid
ia,y be requested and rendered regarding police operations pursuant to
_:he agreement. Said list may be apended or supplemented from time to
time as needs dictate by subsequent 6eclarations.
1. Joint multijurisdictional criminal investigations.
t. Civil affray or disobedience, disturbances, riots, large
protect demonstrations, controversial trials, political
conventions, 3ohor disputes, and strikes.
3. Any natural disaster.
4. Incidents which require rescue operations and crowd and traffic
control measures including, but not limited to, large scale
evacuations, aircraft and shipping disasters, fires, explosions,
gas line leaks, radiological incidents, train wrecks and
derailments, chemical or hazardous waste spills, and electrical
power failures.
5. Control of major crime sce7es, area seaches, peri neter
control, back -ups to emergency and in- progress calls, pursuits,
and missing person calls.
6. Joint training in areas of mutual need.
7. incidents requiring utilization of specialized units; e.g.,
underwater recovery, aircraft, canine, mcnorcycle, bomb, crime
scene and police information.
Perry S. Turner Curtis K. Ivy, Jr.
Chief, Chief,
City of South Miami Police City of Homestead Police Department
Department
ATTEST: ATTEST:
City Clerk City Clerk
City of South ;Miami CIty of Homestead
J-�
E
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION AUTHORIZING THE CITY
ADMINISTRATION TO PROCEED WITH THE
REQUEST OF FEDERAL EXPRESS TO
CONSTRUCT A OUT -DOOR KIOSK STATION
AS A MINOR CHANGE TO SPECIAL USE
PERMIT NO. 65 -82 -4065 GRANTED TO
THE BAKERY CENTER SITE.
WHEREAS, pursuant to special use permit Resolution No. 65- '
82- 4065, the Bakery Center site was permitted to build a P.U.D.
in the City; and
WHEREAS, pursuant to Section 16 -7 -3 of Chapter 20 of the
Zoning Code, a request for a change in the final plans has been
received by the City.
NOW, THEREFORE, BE IT RESOLVED, BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the City Manager is hereby authorized to
proceed with the request of Federal Express to construct an out-
door Kiosk on the Bakery Center site as a minor charge to the
P.U.D. granted pursuant to the above - described special use Permit
Resolution,
PASSED AND ADOPTED this day of - — , 1988.
ATTEST:
CITY CLERK'
APPROVED AS TO FORM:
CITY ATTORNEY
sm.fedexpre.res
-- --
__
APPROVED:
r�
i
1
E
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION AUTHORIZING THE CITY
ADMINISTRATION TO PROCEED WITH THE
REQUEST OF FEDERAL EXPRESS TO
CONSTRUCT A OUT -DOOR KIOSK STATION
AS A MINOR CHANGE TO SPECIAL USE
PERMIT NO. 65 -82 -4065 GRANTED TO
THE BAKERY CENTER SITE.
WHEREAS, pursuant to special use permit Resolution No. 65- '
82- 4065, the Bakery Center site was permitted to build a P.U.D.
in the City; and
WHEREAS, pursuant to Section 16 -7 -3 of Chapter 20 of the
Zoning Code, a request for a change in the final plans has been
received by the City.
NOW, THEREFORE, BE IT RESOLVED, BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the City Manager is hereby authorized to
proceed with the request of Federal Express to construct an out-
door Kiosk on the Bakery Center site as a minor charge to the
P.U.D. granted pursuant to the above - described special use Permit
Resolution,
PASSED AND ADOPTED this day of - — , 1988.
ATTEST:
CITY CLERK'
APPROVED AS TO FORM:
CITY ATTORNEY
sm.fedexpre.res
-- --
__
APPROVED:
RESOLUTION
WHEREAS THE SOUTH MIAMI- KENDALL AREA CHAMBER OF COMMERCE
UNDERSTANDS THAT THE FEDERAL EXPRESS COMPANY IS INTERESTED IN OPENING
A FEDERAL EXPRESS OFFICE IN THE BAKERY CENTER, AND
WHEREAS THIS FACILITY WOULD SERVE THE DOWNTOWN SOUTH MIAMI
BUSINESS COMMUNITY BY HAVING AN EXPRESS MAIL FACILITY WITHIN WAi KING
DISTANCE OF MOST BUSINESSES LOCATED IN THE DOWNTOWN SOUTH MIAMI AREA,
AND
WHEREAS THE CH. MBER OF COMMERCE IS CONCERNED WITH THE QUALITY OF
THE BUSINESS ENVIRONMENT IN THE DOWNTOWN 'SOUTH MIAMI AREA AND IS CON-
CERNED WITH MAINTAINING THE DOWNTOWN AREA AS AN ATTRACTIVE AREA FOR
BUSINESSES TO OPERATE,
THEREFORE BE IT RESOLVED THAT THE SOUTH MIAMI- KENDALL AREA
CHAMBER OF COMMERCE SUPPORTS THE ESTABLISHMENT OF A FEDERAL EXPRESS
OFFICE TO BE LOCATED IN THE BAKERY CENTER AND STRONGLY URGES THE CITY
OF SOUTH MIAMI TO ALLOW THE OPENING OF THIS OFFICE AS SOON AS POSSIBLE.
DATE L0 1st
- i
DR. JOHN J. GENTILE, PRESIDENT
s
RED/SUNSET
MERCHANTS Red/Sunset Merchants Association
ASSOCIATION 5854 South Dixie Highwa�,
I South Miami, Florida 33143
uti
NC.
November 9,1988
Mayor Bill Porter
City of South Miami
6130 Sunset Drive
South Miami, Fl. 33143
Dear Mayor Porter,
Thank you for meeting with me last month. I will keep
you informed of the events that the Red Sunset Merchants
Association present.
I have discussed with the members of the Association
the question of placing a Federal Express facility at the
Bakery Center. It is the consensus of the Association that
the Federal Express would be a welcome asset and convenience
to the merchants, as well as the community.
Our support is based on the information that the F.E.
will occupy a small office that will be located in the back
of the Bakery Center, Accordingly, that their trucks should
not block the normal flow of traffic on adjacent streets.
While vacant office space in the Bakery Center has a
negative impact on the entire downtown business area; it is
the concern of the Association that all office space on Sunset
Drive be occupied by only retail stores to help generate
customer traffic. We would strongly oppose the F.E. being
moved to an office on Sunset Drive at any time in the future.
Your understanding of the Association's position is
appreciated. Please let me know how we may further help.
cc:All City Commissioners
0
'�-;s tr truly,
a 'nn e J'o 11 i7f�
President
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA AUTHORIZING THE
ADMINISTRATION TO ESTABLISH TRAFFIC
COMMITTEES TO EXAMINE MEANS TO
ALLEVIATE TRAFFIC CONCERNS IN THE
CITY.
WHEREAS, the City of South Miami has several areas of
traffic congestion and concern which deserve study to consider
means to alleviate these problems; and
WHEREAS, the Mayor and City Commission wish to address these
concerns by the formation of citizen traffic committees to study
the problems and recommended solutions to these concerns.
NOW, THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the City administration is hereby
authorized to establish traffic committees composed of residents
to study and make recommendations regarding the following areas
of the City:
a)
All
streets
Fast
of
U.S.1
within the
City
b)
All
streets
West
of
U.S.1
and South
of S.W. 72nd Street
within the City
e) All streets West of U.S.1 and North of S.W. 72nd Street
to S.W. 56th Street within the City
d) All streets from S.W. 56th to S.W. 40th Street within
the City
Section 2. That all reports and recommendations of the
committees shall be forwarded to the City of South Miami's Safe
Neighbohood Improvement District Advisory Board for their
consideration.
Section 3. All recommendations from the committees shall
be transmitted from the City Manager to the Mayor and Commission
for future decision and action.
en
m
a
PASSED AND ADOPTED this - day of
APPROVED:
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
sm.tracommi.res
2lY-CFR
, 1988.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SOUTH MIAMI
AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES
BY CREATING ARTICLE II, ENTITLED "PIT BULL
DOGS ", CONSISTING OF SECTION 5-7,
"LEGISLATIVE INTENT", SECTION 5-8,
"DEFINITION OF PIT BULL DOG ", SECTION 5-9,
"LIABILITY INSURANCE OR OTHER EVIDENCE OF
FINANCIAL RESPONSIBILITY REQUIRED TO BE
MAINTAINED BY OWNERS OF PIT BULL DOGS ",
SECTION 5w-10, "CONFINEMENT PIT BULL DOGS ",
SECTION 5 -11, "REGISTRATION OF PIT BULL
DOGS ", SECTION 5 -12, "ENFORCEMENT ", SECTION
5 -13, "NOTICE OF KEEPING OF PIT BULL DOGS",
SECTION 5m-14, "PENALTIES "; PROVIDING FOR
SEVFRABILITY,AND AN EFFECTIVE DATE.
WHEREAS, dogs commonly referred to as "Pit Bulls" were for
centuries developed and selectively bred for the express purpose
of attacking other dogs or other animals such as bulls, bears or
wild hogs; and
WHEREAS, in developing a dog for this purpose, certain
traits were selected and maximized by controlled breeding,
:including extremely powerful jaws, a high insensitivity to pain,
extreme aggressiveness towards other animals, and a natural
tendency to refuse to terminate an attack once it has begun; and
WHEREAS, in addition to statistical evidence that Pit Bull
Dogs have a greater propensity to bite humans than all other
breeds, there exists overwhelming evidence in the form of
individual experiences, that the Pit Bull is infinitely more
dangerous once
it
does
attack;
and
WHEREAS,
the
Pit
Bull's
Massive canine jaws can crush a
victim with up to two thousand (2,000) pounds of pressure per
square inch, three times that of a German Shepherd or Doberman
Pinshcer, making the Pit Bull's jaws the strongest of any animal,
per pound; and
WHEREAS, after consideration of the facts, the Mayor and
City Commission of the City of South Miami has determined that
the following Ordinance is reasonable and necessary for the
protection of the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1 That Chapter Five of the Code of Ordinances
of the City is hereby amended by adding an Article II entitled
"PIT BULL DOGS" consisting of Sections 5-7 through 5-14 within
Chapter 5 "Animals and Fowl" of the City of South Miami Code of
Ordinances, which shall read as follows:
"ARTICLE II. PIT BULL DOGS"
Sec. 5-7. Legislative intent.
This Article is intended to utilize the authority and powers
of the City of South Miami in order to secure for the citizens of
this City the protection of their health, safety and welfare. It
is intended to be applicable to dogs which are commonly referred
to as "Pit Bulls" and which are defined herein. This Article is
designed to regulate these Pit Bull Dogs and to ensure
responsible handling by their owners through registration,
confinement, and liability insurance. The unique history, nature
and characteristics of Pit Bull Dogs have been determined to
require the special regulations and provisions contained within
this Article which the City Council hereby finds reasonable and
necessary.
Sec. 5-8. Definition of Pit Bull DoE.
(a) The
term
"Pit
Bull Dog" as used within this Article
shall refer
to any
dog
which exhibits those distinguishing
characteristics which:
(1) Substantially conform to the standards established
by the American Kennel Club for American
Staffordshire Terriers or Staffordshire Bull
Terrier; or
(2) Substantially conform to the standards established
by the United Kennel Club for American Pit Bull
Terriers.
(b) The standards of the American Kennel Club and the
United Kennel Club referred to in paragraph (a) above, are
attached hereto as "Exhibit All and shall remain on file with the
City of South Miami.
(c) Technical deficiencies in the dogs conformance to the
standards described in paragraph (b) shall not be construed to
indicate that the subject dog is not a "Pit Bull Dog" under this
ordinance.
Sec. 5-9. Liabili y insurance or other evidence of financial
resDonsibility required to be maintained by owners
of PitmBull Do R s.
In order to protect the public and to afford relief from the
severe harm and injury which is likely to result from a Pit Bull
Dog attack, every owner of a Pit Bull Dog shall (at all times
that he/she owns the dog), provide evidence of financial
responsibility and ability to respond in damages to and including
the amount of $ 300,000 for bodily injury to or death of any
person or persons or for damage to property owned by any other
person which may result from the ownership, keeping or
maintenance of such dog. Proof of ability to respond in damages
shall be given by filing with the City a certificate of insurance
from an insurance company authorized to do business in the state
stating that the owner is and will be insured against liability
to respond in such damages, or by posting with the City a surety
bond conditioned upon the payment of such damages during the
period of such registration or other equivalent evidence of
fiancial responsibility such as a personal bond secured by a
mortgage in real property or security interest in personal
property.
Sec..
5-10.
Confinement
of Pit Bull
Dogs.
(a)
Because
of the Pit
Bull Dog's
inbred propensity to
attack other animals, and because of the danger posed to humans
and animals alike
by
a Pit
Bull Dog,
when
running loose or while
running together
in
a pack
situation,
Pit
Bull Dogs must at all
times be securely confined indoors, or confined in a securely and
totally enclosed and locked pen, with either a top or with sides
six (6) feet high.
(b) At any time that a Pit Bull Dog is not confined as
required in paragraph (a) above, the dog shall be muzzled in such
a manner as to prevent it from biting or injuring any person or
animal, and kept on a leash with the owner or custodian in
attendance.
I
(c) An exception to this section is hereby provided for any
Pit Bull Dog in attendance at, and participating in, any lawful
dog show, contest or exhibition sponsored by a dog club,
association, society, or similar organization.
(d) An exception to this section is hereby provided for any
Pit Bull Dog when the dog is actually engaged in the sport of
hunting in authorized areas and supervised by a competent person.
Sec. 5-11. lltgis-tration of Pit Bull Dogs.
(a) In order to assure that owners of Pit Bull Dogs are in
compliance with the requirements of this division, and to assist
in assuring compliance therewith, every owner of a Pit Bull Dog
in the City of South Miami shall register the dog with the'Police
Department of the City of South, Miami.
include the following:
The registration shall
Name, address and telephone number of the dog's owner; the
address where the dog is harbored, if different from the owner's
address; a complete identification of the dog including the dog's
sex, color, and any other distinguishing physical
characteristics; proof of rabies vaccination; and proof of the
liability insurance or other evidence of financial responsibility
required pursuant to this Article.
(b) Newly acquired Pit Bull Dogs shall be registered with
the Police Department no later than seventy-two (72) hours after
acquisition.
Sec. 5-12. Enforcement.
It shall be the duty and responsibility of all City of South
Miami law enforcement officers to enforce the provisions of this
Article.
Sec. 5-13. Notice of Keeping of Pit Bull Dog.
Upon the written complaint of any person that a person owns
or is keeping or harboring a Pit Bull Dog on premises in the
City, the Police Chief may forthwith cause the matter to be
investigated and if after investigation, the facts indicate that
such person, named in the complaint, is in fact the owner or is
Keeping or harboring any such Pit Bull Dog in the City and has
not registered under this Article, he shall forthwith send
-A
written notice to such person, requiring such person to either
apply for registration under this ordinance or remove said animal
from the City limits within three days of the date of said
notice.
Sec. 5-14. Penalties.
Any person who violates any provision ofthis Article shall,
upon conviction, be punished by a fine not to exceed $ 500.00 or
by imprisonment in the County Jail not to exceed sixty (60) days
or by both such fine and imprisonment. This ordinance shall not
be deemed to be violated unless the alleged violator knew, or
should have known after a reasonable inquiry, that the dog which
is
the subject
of
the
alleged violation is a Pit Bull Dog under
the
provisions
of
this
Ordinance.
Section 2. All ordinances or parts of ordinances in
conflict herewith or inconsistent herewith are hereby repealed,
but only insofar as such ordinances may be inconsistent or in
conflict with this ordinance.
Section 3. If any word, clause, phrase, sentence,
paragraph or section of this ordinance is held to be invalid by a
court of competent jurisdiction, such declaration of invalidity
shall not affect any other word, clause, phrase, sentence,
paragraph or section of this ordinance.
Section 4. This ordinance shall be effective imr�i.ediately
upon passage. -
PASSED AND ADOPTED this day of 1988.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
sm.pitbull.ord
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APPROVED:
OFFICIAL G.K.C.
AMERICAN PIT BULL
TERRIER ANNA D
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BEAM: Medium length. Brick like is ,shape. Skull flat
and widest at the cast. with pmmitscrtt checks free from
Vninkles.
MUZZ — Square. wide and deep. Well pronounced
J2, displaying strertg0. Upper meth st hind inces tightly
m1cr lavver teeth, Cu side in front.
EARS: Cropped or unicroppaed (not imprartant). Should
set !Nigh on head. and be free fron, wsinwes.
EYES. Round. Should set ear apart. low downs on skull.
Any color acceptable.
INOST— Mde opcts nowils. Any color acceptable.
PECK. Mvsvalar. Slightly arched. Tapering from
sl;o,,Jdcr to head. Frye rron-A loocneu of skin.
5klOULDE75: Strong and mu-s lar. with side sloping
shoulder blades.
BACK: Short mnd strong. Slightly sloping from withers to
r-ornp. Slightly arched at loias;, which should be sligindy
tvie' od.
Cli S`1. Ocep, but not too broad. with wide sprt nq ribs.
FUBS: C ose. Well-sprung, sitars deep back ribs.
AJL,} Short in cortZparist:n to size. Set low and tapents, .
to a fine-' poinf- Not carried aver bick. ',lobbed tail not la-,
.. � eialile.
LEGS: i-•arp, reund boned. with straight, upri3ht
ppgms's, rc �oiss_bly scronT, Feet trs be aC rncdiuEm size.
Cast should 'Viet light and spring-f. ; o rolling or pacing.
"1� 11CH: Long with tz wc.1tcs dc- relopcd. I locks do%yn mad
straight.
c :kT: Glassy. Short and stiff to the touch.
COLOR: Any color or tnarking p rrmissiblo.
WEIGHT; 1`40( in part,ett. Fcmales preicrred from thirty
to ftrty pounds. ,\talcs from thirty-five to sixty pounds.
5
6
7
8
9
0
American Staffordshire Terrier
Bead -- Medium length, deep through, broad skull, very pronounced
cheek muscles, distinct stop; and ears are set high. Ears--Cropped or
uncropped, the latter. preferred. Uncropped ears should be short and held
half rose or prick. Full drop to be penalized. Eyes--Dark and round, lc%y
down in skull and set far apart. No pink eyelids. Muzzle--Medium length,
rounded on upper side to fall away abruptly below eyes. Jaws well defined.
Und,arjaw to be strong and have biting power. Lips close and even, nc
looserle.55. Upper teeth to meet tightly outside lower teeth in front. Nose
definitely black.
Neck--Heavy, slightly arched, tapering from shoulders to back of skull.
No looseness of skin. Medium length.
Shoulders -- Strong and muscular with Wades wide and sloping.
Back - -- Fairly short. Slight sloping from withers to rump with gentle
short slope at rump to base of tail. Loins slightly 'tucked.
20
21
22
24
25
26,
27
29
30
31
32
M
Legs--The front legs should be straight, large or round bones, pas'6er7
upright. No resemblance of bend in front. Hindquarters well-muscled, le
down - at hocks, turning neither in nor out. Feet of moderate size, weil-
arched and compact. Gait must be springy but without roll or pace.
-co-at--Short, close, stiff to the touch, and glossy.
Color--Any color, solid, parti, or patched is permissible, but all white
more than 80 percent white, black and tan, and liver not to be encourages
and weight should be in proportion. A height of about I
to 19 inches at shoulders for the male and 17 to 18 inches for the female is
be considered preferable.
I Staffordshire Bull Terrier
Head and Skull--Short, deep through, ',broad skull, very pranourc=
cheek muscles, distinct stop, short flareface, black nose. Pink (Dudley) nc::
to be consider6d a serious fault.
Eyes--Oark preferable, buc may bear some relation to coat color. Rcul- -
of medium size, and set to look straight ahead. Light.eyes or pink eye ri*rn
to be considered a fault, except that where the coat surrounding the eye
white the eye rim may be pink.
Fars--Rcse or half-pricked and not large.
considered a serious fault.
Full drop or full prick I,-- '_-
d.
2
3
4
5
6
7
8
9
0
American Staffordshire Terrier
Bead -- Medium length, deep through, broad skull, very pronounced
cheek muscles, distinct stop; and ears are set high. Ears--Cropped or
uncropped, the latter. preferred. Uncropped ears should be short and held
half rose or prick. Full drop to be penalized. Eyes--Dark and round, lc%y
down in skull and set far apart. No pink eyelids. Muzzle--Medium length,
rounded on upper side to fall away abruptly below eyes. Jaws well defined.
Und,arjaw to be strong and have biting power. Lips close and even, nc
looserle.55. Upper teeth to meet tightly outside lower teeth in front. Nose
definitely black.
Neck--Heavy, slightly arched, tapering from shoulders to back of skull.
No looseness of skin. Medium length.
Shoulders -- Strong and muscular with Wades wide and sloping.
Back - -- Fairly short. Slight sloping from withers to rump with gentle
short slope at rump to base of tail. Loins slightly 'tucked.
20
21
22
24
25
26,
27
29
30
31
32
M
Legs--The front legs should be straight, large or round bones, pas'6er7
upright. No resemblance of bend in front. Hindquarters well-muscled, le
down - at hocks, turning neither in nor out. Feet of moderate size, weil-
arched and compact. Gait must be springy but without roll or pace.
-co-at--Short, close, stiff to the touch, and glossy.
Color--Any color, solid, parti, or patched is permissible, but all white
more than 80 percent white, black and tan, and liver not to be encourages
and weight should be in proportion. A height of about I
to 19 inches at shoulders for the male and 17 to 18 inches for the female is
be considered preferable.
I Staffordshire Bull Terrier
Head and Skull--Short, deep through, ',broad skull, very pranourc=
cheek muscles, distinct stop, short flareface, black nose. Pink (Dudley) nc::
to be consider6d a serious fault.
Eyes--Oark preferable, buc may bear some relation to coat color. Rcul- -
of medium size, and set to look straight ahead. Light.eyes or pink eye ri*rn
to be considered a fault, except that where the coat surrounding the eye
white the eye rim may be pink.
Fars--Rcse or half-pricked and not large.
considered a serious fault.
Full drop or full prick I,-- '_-
. r
El
28
29
34
31
32
33
Staffordshire Bull Terrier
(Continued)
Mouth--A bite in which the outer side of the lower incisors touches the
inner side of the upper° incisor =s. The Imes should be tight and dean. The
badly undershot or overshot bite is a serious fault.
Neck-- EPytuscular, rather short, clean in outline and gradually w>denlnc
towar=d the shoulders.
Forequarters - ®l. egs . straight and well boned, set rather far apart,
without looseness at the shoulders and showing no weakness at the pasterns;
from which point the feet turn._ out a little.
Body - -The body is close coupled, with a level topline, wide front, deep
brisket and well sprung nibs being rather light in the bins.
Hind4uarters -ache hindquarters should be well muscled; hocks let dcwr-
with stifles well bent. bags should be parallel when viewed from behind.
Feet - -The feet should be well padded, strong and of medium size. Oew..-
claws, if any, an the hind legs are generally removed. Dewclaws on t; F
forelegs may be removed.
`fail - -The tail is undacked, of medium length, low set, tapering to
point. and carried rather low. It should not curt much and may be likened tr
an old - fashioned pump handle. A tail that is too long or badly curled is
fault.
Coat -- Smooth, short and close to the skin, not to be trimmed or cle--
whiskered.
Color--Red, fawn, white, black or blue, or any of these color=s wit`
white. Any shade of brindle or any shade of brindle with white. Black -an(t.
tan or liver color to be disqualified.
Size -- Weight: Dogs, 23 to 38 pounds; bitches, 24 to 34 pounds. Heigh,
at shoulder: 14 to 16 inches, these heights being related to weights. Nor,
conformity with these limit-s is a fault.
si
i
i
0
AX103-4ifilkIDIM00
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA GRANTING
A RE- ZONING OF PROPERTY FROM C -1,
NEIGHBORHOOD COMMERCIAL TO C -O, COMMERCIAL
OFFICE, ON PROPERTY LEGALLY DESCRIBED AS:
THE NORTH 93.0 FEET OF THE SOUTH 293.0 FEET
OF THE EAST 1/2 OF THE SE 1/4 OF THE SE 1/4
OF THE SW 1/4 OF SECTION 25; TOWNSHIP 54
SOUTH, RANGE 40 EST, LESS THE EAST 205.0 FEET
AND THE WEST 125 FEET OF THE SOUTH 200 FEET
OF THE EAST 1/2 OF THE SE 1/4 OF THE SE 1/4
OF THE SW 1/4 OF THE SW 1/4 OF SECTION 25,
TOWNSHIP 54 SOUTH, RANGE 40 EAST, LESS THE
SOUTH 50 FEET, A /K /A 6233 S.W. 72ND ST.,
SOUTH it1IAMI, FLORIDA
WHEREAS, the applicant has requested a zoning change from
C -1 to C -0, pursuant to the City's adopted amended comprehensive
plan land use designation; and
WHEREAS, at a public hearing on November 15, 1988, the City
Commission voted 5 -0 to grant the amendment to the comprehensive
plan.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That a request to re -zone from a designation
of C -1 to Ca-0 on property legally described as:
The North 93.0 feet of the South 293.0 feet of the East 112
of the SE 1/4 of the SE 1/4 of the SW 1/4 of Section 25
Township 54 South, range 40 East, less the East 205.0 feet
and the West 125 feet of the South 200 feet of the East 1/2
of the SE 1/4 of the SE 1/4 of the SW 1/4 of Section 25,
Township 54 South, range 40 East, less the South 50 feet
a /k /a 6233 S.W. 72nd St., South Miami, Florida.
is hereby granted.
PASSED AND ADOPTED this - day of
ATTEST:
cSTY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY -
j ► 6 ��
MAYOR
, 1988.
V
� . _ +. 1 I €
,` �Q1�. �Vj'
Y
recommend to the Commission that all property west of US I be
0� toned this 6 story designation to make the properties more
//equitable. The Commercial owners are a large part of the City's
tax base and, according to a survey sent out by the City; this is
of major concern to the residents. To down-zone the Commercial
area, would be, in his opinion, wrongful use of the Commissions'
authority.
8) Mr. Alex Barbas, whose parents own property on S.W. 63rd
Avenue, said the surrounding property has offices and it makes
parking for those living in the area I very difficult. Also, there
is a major traffic problem on weekdays when people are visiting
the offices on S.W. 63rd Avenue and when deliveries are being
made to those offices.
Commission urged Administration to enforce the no parking
provisions in that area so residents are not inconvenienced.
Commissioner McCann suggested residents of that area make use of
the City's residential parking decal program. Vice-Mayor Schwait
suggested businesses in the area be cited for insufficient
parking. There is a shortage of parking and that was one of the
reasons that he had proposed townhouse designation for that area
so that one major development can be built. He hopes he is
speaking for the entire Commission with regard to the parking
enforcement and if this enforcement does not work, then the
Commission must decide alternative plans.
9) Ms. Helen Olds, 5850 S.W. 65th Avenue, asked for -
clarification on the property now used by the Girl Scout Little
House. The land use map shows a public/semi-public designation
and she and others in the neighborhood are concerned with this
designation.
Commissioner McCann noted the Girl Scouts have a 99 year
lease on the property, and this would carry through until at
least the year 2020. If there are any changes on this property
designation, area residents would be notified and public hearing
would be held. Mr. Swarthout explained public./semi-public is
used as a designation for schools, parks, and open green area of
which public has use.
No one else wished to speak and the public hearing was
deemed closed.
Commission discussed the individual application submitted
as a Plan amendment. Commissioner McCann said she would prefer a
motion to reaffirm the Commissions' desire to change. this zoning
to 4 story.
Moved by Commissioner McCann, seconded by Mayor Porter,
the Commission reaffirm the decision to designate 6235 Sunset
Drive as medium intensity office use on the Official Land Use Map
of the City.
CCM -7- 11/15/88 rjn
- - - --------
PR 4
Motion passed 4/0: Mayor Porter, yea; Commissioner Brown,
yea; Commissioner McCann, yea; Commissioner Launcelott, yea
(Vice -Mayor Schwait recused).
Commissioner Brown asked if this vote satisfies the
request for individual consideration. City Attorney responded
that it does.
Vice-Mayor Schwait noted that there is only 60 days until
a final public hearing is held on the Comprehensive Plan adoption
and any additional changes may be made at that time. Meanwhile,
he urged the Commission to reaffirm the present Plan Amendment.
Commissioner McCann noted that some statements had been
made into the record which were incorrect and she would like to
know, from the City Attorney, if all these need to be addressed
and corrected. City Attorney Dellagloria stated the Commission
may wish to correct the record.
Commissioner McCann referred to the reference made to the
survey sent out by the City. The surveys had been sent to
residents of the City, Commercial property owners in the City and
also to those who reside in the City but do not own the property.
All had mentioned, as a number 3 item in priority, that there
seemed to be too much office space. The Commission does not
address only one segment of people in the City. The ' Commission
also works hard to maintain the quality of life for the residents
who wish to retain their neighborhoods.
Commissioner Brown said there are no substantial facts
that change of zoning will not be a negative impact to the City
and not as many people were reached by the survey as he would
have liked to have had. The effect of zoning changes on the
commercial tax base is an unknown factor and the proposed land
use plan is much more restrictive than in other parts of the
County.
Mayor Porter noted the Commission has spent a lot of time
to get to this point and weighing the best circumstances for the
City. The City had sent the survey to commercial property owners
and residents and the surveys that were returned indicate concern
for the number of offices already in the City and for the amount
of traffic generated by the offices. The residential
neighborhoods are appreciated. The residential neighborhoods are
also appreciating as homeowners improve their properties. He
urged the other Commissioners to vote yes on the amendment.
Motion on amendment passed 4/1: Mayor Porter, yea; Vice-
Mayor Schwait, yea; Commissioner McCann, yea; Commissioner
Launcelott, yea; Commissioner Brown, nay.
CCM
11/15/88
rjn