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Ordinance 87-2591 ORDINANCE NO. 87-2591 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 4 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, SECTION 4 - 11 THEREOF , DELETING LANGUAGE CONCERNING CRUELTY TO ANIMALS AND SUBSTITUTING THEREFORE LANGUAGE PROVIDING FOR THE INVESTIGATION ON PUBLIC OR PRIVATE PROPERTY OF CIVIL INFRACTIONS RELATING TO ANIMAL CONTROL OR CRUELTY, PROVIDING FOR THE ISSUANCE OF CITATIONS FOR THE COMMISSION OF CIVIL INFRACTIONS RELATING TO ANIMAL CONTROL OR CRUELTY, AND PROVIDING FOR CIVIL PENALTIES NOT TO EXCEED $500 FOR CIVIL INFRACTIONS RELATING TO ANIMAL CONTROL OR CRUELTY; REPEALING ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1 . That Section 4- 11 of the Code of the City of Miami Beach be and the same is hereby amended to read as follows: Section 4- 11 CRUELTY TO ANIMALS It-eka1-}--19e-trr=rl-aw€tr-- e -arry-pereer-t-ter}-th-e-ems€y-ta-elteaa-- ove eti•aterraftee -l-t-e-r -- -- i1-y---cyr--et-tte4.4y--19ea€--er rraerr-arry-tri-e-1 e -o-t r ei-ee--arty-a iq 4rna 1-411--a--c - rrlIrtrr acre ntarrfter---(est e-1g5e,--See€i-art-3-3-6-} (1) As used in this section, the term: (a) "Animal" means any living dumb creature. (b) "Animal control officer" means any person employed or appointed by Dade County or the City of Miami Beach who is authorized to investigate, on public or private property, civil infractions relating to animal control or cruelty and to issue citations as provided in this section. An animal control officer is not authorized to bear arms or make arrests. (c) "Control" means the regulation of the possession, ownership, care, and custody of animals. (d) "Cruelty" means any act of neglect, torture, or torment that causes unjustifiable pain or suffering of an animal . (e) "Law enforcement officer" means any person who is elected, appointed, or employed full time by the City of Miami Beach or the state or any political subdivision thereof, who is vested with authority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal . criminal ,_ traffic, or highway laws of the state. This definition includes all part-time law enforcement officers, auxiliary law enforcement officers, and all certified supervisory and command personnel whose duties include, in whole or in part, the supervision, training, guidance, and management responsibilities of full-time law enforcement officers, part-time law enforcement officers, or auxiliary law enforcement officers but does not include support personnel employed by the employing agency. if) "Veterinarian" means a person who is licensed to engage in the practice of veterinary medicine in Florida under the authority of state law. (g) "Officer" means any law enforcement officer, any veterinarian or any animal control officer. (h) "Citation" means a written notice, issued to a person by a officer, that the officer has probable cause to believe that the person has committed a civil infraction in violation of a duly enacted ordinance and that the county court will hear the charge. The citation shall contain: 1. The date and time of issuance. 2 . The name and address of the person. 3 . The date and time the civil infraction was committed. 4 . The facts constituting probable cause. 5. The ordinance violated. 6. The name and authority of the officer. 7 . The procedure for the person to follow in order to pay the civil penalty or to contest the citation. 8 . The applicable civil penalty if the person elects to contest the citation. 9 . The applicable civil penalty if the person elects not to contest the citation. 10. A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, he shall be deemed to have waived his right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty. 2 . It shall be unlawful for any person in the city to neglect, torture, torment, or commit any act that causes unjustifiable pain or suffering of an animal . Under this section, prolonged and frequent noise by any animal shall be a factor in determining whether neglect, torture or torment has been committed or is being committed by any person who has an animal in his custody or control . An officer who has probable cause to believe that a person has committed an act in violation of this section shall issue a citation to that person. 3 . Any person cited for a violation of this section shall be deemed to be charged with a civil infraction and shall be cited for such an infraction and cited to appear before an official . 4 . Any person cited for an infraction under this section shall sign and accept a citation indicating a promise to appear. 5. Any person who willfully refuses to sign and accept a citation issued by an officer shall be guilty of a misdemeanor of the second degree, punishable as provided by Florida Statutes 775. 082 , 775. 083 or 775. 084 . 6. Any person charged with a civil infraction under this section may pay the civil penalty, either by mail or in person, within 20 days of the date of receiving the citation. If the person cited follows the above procedure, he shall be deemed to have admitted the infraction and to have waived his right to a hearing on the issue of the commission of the infraction. 7 . Any person electing to appear before the designated official shall be deemed to have waived his right to the civil penalty provisions of Section 4 . 11 (8) . The official , after a hearing, shall make a determination as to whether an infraction has been committed. If the commission of an infraction has been proven, the official may impose a civil penalty not to exceed $500. 8 . Any person who fails to pay the civil penalty within the time allowed or who fails to appear in court to contest the citation, shall be deemed to have waived his right to contest the citation and judgment may be entered against the person for an amount not to exceed $500. 9 . The civil penalty required for a civil infraction pursuant to Section 4 . 11 (2) (3) (4) and (6) is $200. 00. SECTION 2 . REPEALER. All ordinances or parts in conflict herewith be and the same are hereby repealed. SECTION 3 . SEVERABILITY If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4 . EFFECTIVE DATE This ordinance shall take effect ten (10) days after its adoption, on December 12 , 1987 . PASSED and ADOPTED this 2nd day of D; ember , 1987 . 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