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Ordinance 88-2604 ORDINANCE NO. 88-2604 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA , REPEALING CHAPTER 4 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, IN ITS ENTIRETY AND CREATING A NEW CHAPTER 4 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 That Chapter 4 of the Code of the City of Miami Beach be and the same is hereby repealed in its entirety and a new Chapter 4 is created to read as follows: Chapter 4. ANIMALS AND FOWL ARTICLE I. DEFINITIONS (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 1 • 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. ( f) "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 an 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 2 r 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. ( i ) "Ordinance" means any ordinance relating to the control of or cruelty to animals enacted by the governing body of Dade County or The City of Miami Beach the violation of which is a civil infraction. ARTICLE II. PENALTIES FOR VIOLATIONS OF ANIMAL CONTROL ORDINANCES All violations of Chapter 4 of the Code of the City of Miami Beach are civil infractions . During a one-year period, each violation of Chapter 4 shall constitute a separate offense. Violations of this chapter will be punished as follows: (a) For a first violation, by a civil penalty of $50 . 00 . (b) For a second violation, by a civil penalty of $100. 00 . (c) For each additional violation, by a civil penalty of $200 .00. (d) Any person who fails to pay the appropriate 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 $500.00. ARTICLE III. ENFORCEMENT BY CITATIONS Any officer who has probable cause to believe that a person has committed an act in violation of an animal control ordinance of the City of Miami Beach or Dade County shall issue a citation • to that person. 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 . 3 i Any person cited for an infraction under this section shall sign and accept a citation indicating a promise to appear . 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. ARTICLE IV. WAIVER OF CIVIL PENALTY PROVISION Any person electing to appear before the designated official shall be deemed to have waived his right to the civil penalty provisions of Article II , Sections (a)-(c) . 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 .00 . ARTICLE V. REFUSAL TO SIGN AND ACCEPT A CITATION 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 . ARTICLE VI. VIOLATIONS Section 4-1 . Injuring , killing , etc. , squirrels and alligators prohibited. It shall be prohibited for any person to injure, kill, hunt, destroy, capture or molest, by any means whatsoever or in any manner or form, within the city, any squirrel, alligator or crocodile. Section 4-2. City declared a bird sanctuary. All territory embraced within the city is hereby declared to be a bird sanctuary. 4 0 Section 4-3. Birds- Molesting, etc. , prohibited; exceptions. It shall be prohibited for any person to injure, kill, hunt, destroy, capture or molest, by any means whatsoever or in any manner or form, any bird within the city; provided, that the chief of police may issue a special permit therefor to persons holding a valid permit to destroy birds for scientific purposes issued by the state fish and game commission and by the United States Fish and Wildlife Service, Department of the Interior . Section 4-4. Same- Use of snares prohibited. No person shall, at any time, within the city, make use of any pitfall, deadfall, scaffold, cage, snare, trap, net, salt- lick, blind-pen, bait-hook, bait-field or any similar device or any drug , poison, chemical or explosive for the purpose of injuring, capturing or killing any game birds or wild birds . Section 4-5. Same- Destroying, etc. , eggs prohibited. No person within the city shall take or willfully destroy the nests or eggs of any game birds or wild birds or shall have nests or eggs of any game bird or wild bird in his possession. Section 4-6. Poultry or fowl running at large. It shall be prohibited for any person owning or controlling, or having in his custody any poultry or fowl of any kind, to permit or allow the same to run at large in the city. Section 4-7. Cruelty to Animals. It shall be prohibited 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 probable cause to find that neglect, torture or torment has been committed or is being committed by any person who has an animal in his custody or control . Section 4-8. Keeping hogs within city prohibited. It shall be prohibited for any person to have in his possession, control, management or custody, any swine within the 5 • city. Section 4-9. Keeping of animals and fowl under insanitary conditions prohibited; notice; abatement. It shall be prohibited for any person to pen, confine • or keep any flock of fowl or any animal in the city in such place or in such manner so that the unsightly appearance shall be objectionable or the odor and noise caused, produced or created by such fowl, birds or animals shall be offensive, unhealthful or objectionable to persons of ordinary sensibility, longer than seventy-two hours after written notice to abate or remove such objectionable feature from the persons offended by or objecting thereto. Section 4-10 . Keeping animals or vermin deleterious or harmful to public health or perilous to public safety prohibited; exception. It shall be prohibited for any person to keep, harbor or maintain any animal or vermin whose natural actions and presence are or may be deleterious or harmful to the public health or which may imperil the public safety; provided, that this section shall not apply to circuses, carnivals or similar enterprises which are engaged in the exhibition of animals. Section 4-11. Keeping livestock in residential zones prohibited. It shall be prohibited for any person to keep, stable, harbor or maintain any horse, poultry, livestock or farm animals in any residential district , provided, however, that nothing herein contained shall be construed so as to prohibit the keeping , stabling , harboring or maintaining of any horse , poultry, livestock or farm animals in such residential districts for public events such as circuses, shows and similar events, or in any special cases, for temporary periods of time, as approved by the city commission. Section 4-12. Dogs prohibited in public parks and on beaches. It shall be prohibited for any person to take any dog 6 • into, or to keep any dog in or upon, any public park or public beach in the city. Section 4-13. Same; Running at large prohibited. It shall be prohibited 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 4-14. Same; Committing nuisances prohibited. No dog , even though licensed , muzzled or inoculated against rabies and fastened to a suitable leash, shall be permitted to commit a nuisance of any kind or character upon any public or private property other than the property of the owner of the dog , and upon public property of the city that lies entirely between the street curbs, excluding the sections of the streets normally used by pedestrians. Section 4-15. Certain Noises Prohibited. It shall be prohibited to keep any animal or bird which, by causing frequent or prolonged noises of a continuing nature, shall disturb the comfort, repose or peace of any person in the vicinity. "Noises" shall be defined as intense, annoying or disagreeable sounds and shall include barking , crying , meowing , neighing, whinnying , yelping , whining, and crowing. Under this section, it shall also be prohibited to create or maintain, or, cause or permit to be maintained, a nuisance. A nuisance is hereby declared to be anything which tends to annoy the community, disturb the peace, and injure the health of the citizens. Section 4-16. Procedure where dog suspected of rabies or having been bitten by such a dog. 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 7 r weeks . The owner shall notify the chief of police of the fact that his dog has been exposed to rabies and at his discretion, 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 for a period of two weeks at the expense of the owner . It shall be prohibited for any person knowing or suspecting that a dog has rabies to allow such dog to be taken 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 4-17. Hunting dogs. It shall be prohibited for any person to train, exercise, hunt with or allow to run at large, any setter, pointer or other dog used for the hunting of wild or game birds within the city. 8 • ARTICLE VII. ADOPTION BY REFERENCE To the extent that the provisions of this Chapter are subject to enforcement under Section 828. 27, Florida Statutes, the provisions of Chapter 5 entitled "Animals and Fowl" of the Dade County Code, and the other provisions of Chapter 828, Fla. Statutes are hereby adopted by reference so long as such adoption does not conflict with state law. 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 March 12 1988 . PASSED and ADOPTED this 2nd day of March 988. / �'P / w / i VICE j uR ATTEST: -(iiii:,,i 571, i City Clerk 1st Reading - February 17, 1988 FORM APPROVED 2nd Reading - March 2, 1988 sz LEGAL DEP $x 2 � wed` TDL/ml 2/16/88 Date_ .'�—l G"Ti 9 • 1 i u O Z'Uri ('.+ O •r-4 - •r•I ,- .rl 4-1 (AOfil •[ (1) 0 O (d bf •r4 r-I 0 4-1 p. 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