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Ordinance 94-2906 ORDINANCE NO. 94-2906 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CITY CODE CHAPTER 4 ENTITLED "ANIMALS AND FOWL" BY ADDING THERETO CODE SECTION 4-6. 14. 1 ENTITLED "REMOVAL OF ANIMAL DEFECATION" REQUIRING PERSONS IN CUSTODY OF AN ANIMAL TO DISPOSE OF SAID ANIMAL' S FECAL MATTER DEPOSITED ON PUBLIC OR PRIVATE PROPERTY AND EXEMPTING FROM THIS DISPOSAL REQUIREMENT BLIND PERSONS ACCOMPANIED BY A DOG USED FOR THEIR ASSISTANCE; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Miami Beach City Code Chapter 4 entitled "Animals and Fowl" is hereby amended by adding thereto Code Section 4-6 . 14 . 1, said Section to read as follows: Section 4-6 . 14 . 1. Removal of Animal Defecation. (a) Any person owning, possessing, harboring, or having the care, charge, control, or custody of any animal shall immediately remove and thereafter dispose of any fecal matter deposited by said animal on public or private property (other than the property of the owner or responsible party of the animal) unless the owner or person in lawful possession of said property has consented to such deposit. For the purpose of this Section, animal fecal matter shall be immediately removed by placing said matter in a closed or sealed container and thereafter disposing of it by depositing said matter in a trash receptacle, sanitary disposal unit, or ether dosed or sealed container. (b) This Section shall not apply to blind persons accompanied by a dog used for their assistance. SECTION 2 . REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.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 sixty (60) days after its adoption, on April 16 1994 . PASSED and ADOPTED this 16th day of February I , 1994 . /11 IIIIII\ AI Ilfr MAYOR ATTEST: (--- 1(1c/(^,c-^1 <i___ ---,rvw'-. 0( CITY CLERK 1st reading 1/19/94 FORM APP• ! ED 2nd reading 2/16/94 LEG, D / By -1 -- :1 GQ,O Date atg ,*° /7 Requested by Commissioner Nancy Liebman JO/ks (a:resord3\anifeces.ord) 2 • OFFICE OF THE CITY ATTORNEY ty esta-ceAviu• Wale% F L O R I D A �Ni gE * .MCORP pRATCD)*a P O BOX O LAURENCE FEINGOLD S� MIAMI BEACH FLORIDA 33"9-2032 :,,Yy ATTORNEY _ `ELEPHONE 30516-3-7a-0 qGj -ELECOPY 305 6-3-7202 COMMISSION MEMORANDUM NO. J 1 1 I4 TO: MAYOR SEYMOUR GELBER DATE: FEBRUARY 16, 1994 MEMBERS OF THE CITY COMMISSION CITY MANAGER ROGER M. C TON FROM: LAURENCE FEINGOLD • /�� CITY ATTORNEY/ SUBJECT: AMENDING MIAMI BEACH CITY CODE CHAPTER 4 ENTITLED "ANIMALS AND FOWL" SO AS TO ADD CODE SECTION 4-6. 14 . 1 ENTITLED "REMOVAL OF ANIMAL DEFECATION" At the request of Miami Beach City Commissioner Nancy Liebman, the attached Ordinance has been prepared amending Chapter 4 of the City Code entitled "Animals and Fowl" by adding thereto Code Section 4-6. 14 . 1 entitled "Removal of Animal Defecation" . The purpose of this Ordinance is to require persons in charge of animals to immediately remove and sanitarily dispose of any fecal matter deposited by said animal on public or private property (other than the property of the owner or animal 's responsible party) unless the owner or person in possession of said property consents to the deposit. Pursuant to Section 4-2 entitled "Penalties for Violations of Animal Control Ordinances" , violations of this "Pooper Scooper" law include a $50 fine for the first offense, a $100 fine for the second offense, and $200 for each additional offense, all such offenses based upon a calendar year. So as to ensure that the public has an opportunity to be put on notice of this "Pooper Scooper" law, the attached Ordinance has an extended effective date of sixty (60) days from date of Ordinance passage, as opposed to the usual ten (10) day effective period. Accordingly, assuming a passage date of February 16, 1994, this law shall go into effect on approximately April 17 , 1994 . This Ordinance is consistent with existing City Code Section 4-6. 14 . 1 which provides that animal defecation constitutes a nuisance. I :;'7 LF:JO/ks Attachment (a:ani feces.cm) AGENDA ITEM CO t'" � DATE 2 - 1 ( 9 1700 CONVENTION CENTER DRIVE — FOURTH FLOOR — MIAMI BEACH. FLORIDA 33139 - r • U) • rI • • �o cd -t • 01 •r•1 • N a • I < I • 1- �t • O1 . co 0 N O t] O 3-+ d -r♦ z W O 4J z +- O cn t•a 14 C) VCJ Ri 0 N ¢ w a� oz ra t + a -d c: O 4-1 on r 4 • G 0 -H 'd a o 130 ,.• 0 a 'd • 0 CD E o vCD 6 w rx