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
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(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 .
Aier
MAYO
Attest:
1,14W.,Lr3? eag.1../
City Clerk
1st Reading - November 18, 1987
2nd Reading - December 2, 1987 (as amended)
TDL/ml
FORM APPROVED
LEGAL DEP .
By.Attslie 0(mixt
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