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Ordinance 814 ORDINANCE NO. 814 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, MAKING IT UNLAWFUL FOR DOGS TO RUN AT LARGE WITHOUT WEARING A TAG; PRO- VIDING FOR THE ISSUANCE OF SUCH TAGS BY THE CITY CLERK; FIXING A FEE TO BE PAID THEREFOR; PROVIDING FOR THE INOCULATION 0 _TACCINATION OF I5OGS; PROVIDING FOR CONTROL OF DOGS SUSPECTS OF HAVING RABIES; PROVIDING FOR THE IMPRISONMENT OF DOGS AND THE DISPOSITION THEREOF; PROVIDING FOR THE ISSUANCE OF A PROCLAMATION BY THE MAYOR PROHIBITING DOGS FROM RUNNING AT LARGE AND -PROVIDING A PENALTY FOR THE VIOLATION OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: It shall be unlawful for any person to take any dog into, or to keep any dog in or upon, any public park or public beach in the City of Miami Beach, and it shall be unlawful for the owner or person in control of any dog to allow such dog to run at large. All dogs, when not on the premises of the owner thereof, or of the person in control thereof, must be on leash under the control of a competent person. SECTION 2: All dogs kept , maintained or brought into the City of Miami Beach shall be provided,by the owner or person in custody or control of such dog, with a tag or plate such as is hereinafter provided for, and any dog found without such tag may be caught by the Chief of Police, or any Member of the Police Force, or anyone acting under their direction, and imprisoned or impounded at a place kept for that purpose. SECTION 3 : The City Clerk shall have prepared small tags or plates of tin, copper or brass, with the words Miami Beach, and the year for which the same is issued and the number of the tag stamped thereon, on or before the first day of November of each year hereafter, which tags may be obtained by owners of dogs by paying to the City Clerk a fee of One Dollar where the tag is for a male dog, and a fee of Two -L)ollars, where such tag is for a female dog. Such tags shall be good and shall license the dog wearing the same for the year only for which it is issued; provided, however, that no license tag shall be issued for any dog unless it shall have been inoculated or vaccinated against rabies, by a licensed veterinarian, within one year preceding the date on which such license tag is issued, as evidenced by dated re- ceipt or certificate furnished by such veterinarian. SECTION 4: If a dog is believed to have rabies or has been bitten by a dog suspected of having rabies, such dog shall be confined by a leash or chain on the premises of the owner or the Person in control thereof, and shall be placed under the observation of a veterinarian at the expense of the owner for a period of two weeks. The owner shall notify the Chief of Police of the fact that his dog has been exposed to rabies and at his dis- cretion the Chief of Police is empowered to have such dog removed from the premises of the owner or person in control thereof to a veterinary hospital and there placed under observation fora period of two weeks at the expense of the owner. -1- . It shall be unlawful for any person knowing or suspecting that a dog has rabies to allow such dog to betaken off his premises without the written permission of the Chief of Police. :every owner, or other person, upon ascertaining a dog is rabid shall immediately notify the Chief of Police or a policeman who shall remove the dog to the place kept for that purpose. SECTION 5 : The owner of any dog caught or imprisoned or impounded, as provided in Sections 2 and 4 of this ordinance, shall be entitled to the possession of said animal upon proof of ownership and payment of One Dollar, together with the accrued cost of feeding, to the City Clerk. SECTION 6: The City Clerk shall keep a record of all persons who shall procure such tags and if any person shall counter- feit or shall use any tag not purchased as aforesaid, he or she shall, upon conviction, be fined not exceeding Fifty Dol- lars or be imprisoned in the City Jail not exceeding thirty days. SECTION 7: Any dog which shall remain impounded or imprisoned or unclaimed by an owner for a period_ of five days may be sold after advertising by poating for a period of two days, giving notice of the time and place when such sale shall be made and the description of the dog as well as the amount due for costs. SECTION 8: The Chief of Police shall receive the sum of Fifty (50 ) Cents per day for feeding all dogs impounded, a fee of Fifty (50rf,) Cents for impounding the same, and a like fee for killing the same when they are killed. In the event a dog is sold, the proceeds from such sale shall be paid to and retained by the City Clerk for the use of the City. The City Clerk shall conduct all such sales. Posting as hereinbefore re- quired shall be by posting at the City hall only. SECTION 9: Whenever the Mayor shall deem it necessary to insure Public health and safety, he may issue his proclama- tion by notice in some newspaper of general circulation in the City of Miami Leach and by posting at the City Hal 1, prohibiting all dogs from running at large or under leash within the limits of tie City of Miami Beach vhether provided with license tag or not unless the same shall be securely muzzled. Such muzzling to be approv- ed by the 'rayor, and such prohibit ion shall continue until a public notice of the discontinuance thereof given in the same manner as aforesaid by the Mayor of said City. SECTION 10; Any dog running at large in vi.olst ion of any such pro- clamation of the Mayor shall be deemed a public nuisance and it shall be the duty of the Chief of Police or any Member of the Police Force or any -cerson acting under their direc- tion, to cause such dogs to be taken u_p and impounded or if such dogs are of apparent da ge'rous character, to be killed where found and such dogs taken up and impounded shall be disposed of as herein- before provided for dogs not wearing a tag. SECTION 11: Any person who shall violate or fail to comply with any of the provisions of this ordinance shall be punished by a fine of not less than Five (;;5.00) Dollars, nor more than One Thousand ( 1,000.00) Dollars, or be imprisoned for not more than ninety (90) days, with or without hard labor, or both, in the discretion of the Court . -2- SECTION 12: Should any section, clause or provision of this ordinance be held to be invalid the same shall not affect the validity of the ordinance as a whole or any part thereof, other than the part so declared to be invalid. SECTION 11: Ordinance No. 164 of the City of Miami Beach, and Ordinances or parts of Ordinances in conflict herewith or inconsistent with the provisions of this ordinance are hereby repealed. SECTION 14: This ordinance is hereby declared to be necessary for the immediate preservation of the public health and safety and shall go into effect immediately upon its passage. PASSED and ADOPTED this 3rd day of September, A. D. 1947. Mayor ATTEST : C. W. Tomlinson City Clerk By Ai 441. A . , Deputy Cit`' Clerk 1st reading - August 6, 1947 2nd reading - August 6, 1947 3rd reading - September 3, 1947 Posted - September 3, 1947 STATE OF FLORIDA COUNTY OF DADE: I, C. W. TOMLINSON, City Clerk in and for the City of Miami Beach, Florida, do hereby certify that Ordinance No. $14, entitled: 1°AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, MAKING IT UNLAWFUL FOR DOGS TO RUN AT LARGE WITHOUT WEARING A TAG; PROVIDING FOR THE ISSUANCE OF SUCH TAGS BY THE CITY CLERK; FIXING A FEE TO BE PAID THEREFOR; PRO- VIDING FOR THE INOCULATION OR VACCINATION OF DOGS; PROVIDING FOR CONTROL OF DOGS SUSPECTED OF HAVING RABIES; PROVIDING FOR THE IMPRISONMENT OF DOGS AND THE DISPOSITION THEREOF; PROVIDING FOR THE ISSUANCE OF A PROCLAMATION BY THE MAYOR PRO- HIBITING DOGS FROM RUNNING AT LARGE AND PROVIDING A PENALTY FOR THE VIOLATION OF THIS ORDINANCE, having been passed and adopted by the City Council of the City of Miami Beach, Florida, has been posted by me in three conspicuous places in the City of Miami Beach, Florida, one of which was at the door of the City Hall in said City on the 3rd day of September, A. D. , 1947, and that said Ordinance remained posted for a period of at least thirty days in accordance with the requirements of the City Charter of the City of Miami Beach. IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Miami Beach, Florida, on this the 6th day of October, A. D. , 1947. City Clerk ' 00 Pt