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and the same are hereby repealed.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:
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CITY CLERK
1st reading 1/19/94 FORM APP• ! ED
2nd reading 2/16/94 LEG, D /
By -1 -- :1
GQ,O
Date atg ,*°
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Requested by Commissioner Nancy Liebman
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OFFICE OF THE CITY ATTORNEY
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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.
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Attachment
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AGENDA
ITEM CO t'" �
DATE 2 - 1 ( 9
1700 CONVENTION CENTER DRIVE — FOURTH FLOOR — MIAMI BEACH. FLORIDA 33139
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