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LTC 282-2022 CITY OF CORAL GABLES RESOLUTION NO. 2022-175MIAMI BEACH OFFICE OF THE CITY CLERK No. 282-2022 TO: FROM: DATE: LETTER TO COMMISSION Mayor Dan Gelber and Member~h1 ity Commission Rafael E. Granado, City Clerk /'.2:{ July 14, 2022 SUBJECT: CITY OF CORAL GABLES RESOLUTION NO. 2022-175 Attached for your information is Resolution No. 2022-175, adopted by the Mayor and Commission of the City of Coral Gables on June 28, 2022. A RESOLUTION OF THE CITY COMMISSION APPROVING A PEAFOWL MITIGATION POLICY AND DIRECTING CITY STAFF TO TRANSMIT SAID POLICY TO THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS FOR APPROVAL PURSUANT TO THE MIAMI-DADE COUNTY CODE, CHAPTER 5 "ANIMALS AND FOWL", SECTION 5-16 "TAKING OF PEAFOWL PROHIBITED." The City of Coral Gables Clerk has requested that a copy of this resolutions be provided to the Miami Beach Mayor and Commissioners. If you have any questions, please contact the Office of the City Clerk at 305.673. 7 411. REG/le Attachments F:\CLER\$ALL\LILIA\L TC's -Transmittal's\Coral Gables\Resolution 2022-175 City of Coral Gables.docx DocuSign Envelope ID: EE0F4F95-AD74-4744-8949-ACE649C367ED CITY OF CORAL GABLES, FLORIDA RESOLUTION NO. 2022-175 A RESOLUTION OF THE CITY COMMISSION APPROVING A PEAFOWL MITIGATION POLICY AND DIRECTING CITY STAFF TO TRANSMIT SAID POLICY TO THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS FOR APPROVAL PURSUANT TO THE MIAMI-DADE COUNTY CODE, CHAPTER 5 "ANIMALS AND FOWL", SECTION 5-16 "TAKING OF PEAFOWL PROHIBITED". WHEREAS, Chapter 5 "Animals and Fowl", Section 5-16 "Taking of peafowl prohibited; municipal opt-out" makes it unlawful for any person to take, attempt to take, hunt, molest, capture, or kill any peafowl, their nests or eggs, by any means; but allows a municipality to opt out of the prohibition by adopting a peafowl mitigation plan that provides for humane removal of peafowl, if approved by the Board of County Commissioners; and WHEREAS, Chapter IO "Animals", Article I "In General", Section 10-7 "Peafowl" of the City Code of Coral Gables grants the City the authority to take any remedial action deemed appropriate to address the proliferation of peafowl within the City.; and WHEREAS, peafowl are a non-native and invasive species and compete with indigenous bird species throughout South Florida; and WHEREAS, peafowl can cause property damage, transmit parasites, create substantial noise pollution, and blo ck traffic in the City; and WHEREAS, the City Commission finds that the proliferation of peafowl within the City is harmful to the public welfare; and WHEREAS, the City Commission wishes to provide residents with additional options to humanely remove peafowl from their private property and to authorize City staff to engage one or more qualified private companies to humanely remove peafowl from the public rights-of-way or City-owned property; and WHEREAS, the City Commission also desires to encourage neighboring municipalities to take steps to address peafowl, which travel and procreate without regard to municipal boundaries; and WHEREAS, the City Commission approves the attached Peafowl Mitigation Policy, which shall be made a part of this Resolution, in furtherance of the health, safety and welfare of the community, and for the purpose of opting-out of the prohibitions contained in Section 5-16 of the Miami-Dade County Code; Page 1 of 3 -Resolution No. 2022-175 DocuSign Envelope ID: EE0F4F95-AD74-4744-8949-ACE649C367ED NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF CORAL GABLES: SECTION 1. That the foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2. That the City Commission hereby adopts the attached Peafowl Mitigation Policy and directs the City Manager to transmit said policy to the Miami -Dade County Board of County Commissioners for approval. SECTION 3. That the City Commission hereby directs the City Manager to transmit a copy of this Resolution to neighboring municipalities and to send a letter encouraging them to adopt their own peafowl mitigation policies . SECTION 3. That the City Commission hereby directs the City Manager to budget five thousand dollars ($5000.00) from the General Fund on an annual basis for the removal of peafowl from the public rights-of-way and from City property. SECTION 4. That this Resolution shall become effective upon the date of its passage and adoption herein. PASSED AND ADOPTED THIS TWENTY-EIGHTH DAY OF JUNE, A.D., 2022. (Moved: M enendez, Anderson) (Yeas: Menendez, Anderson, Lago) (Absent: Fors, Jr., Mena) (Unanimous: 3-0 Vote) (Agenda Item: G-13) ATTEST: r--::DocuSigned by: L~t:84FF BILLY Y. URQUIA CITY CLERK APPROVED: l✓DocuSigned by: L~93824A5. VINCE LAGO MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY: [ DocuSigned by: 1aic-,,.\_ 03A0CB 1421 E64AC ... MIRIAM SOLER RAMOS CITY ATTORNEY Page 2 of3 -Resolution No. 2022-175 DocuSign Envelope ID: EE0F4F95-AD74-4744-8949-ACE649C367ED Coral Gables Peafowl Mitigation Policy This Policy is established pursuant to Resolution 2022-175 and formalizes the City's approach to addressing the proliferation of peafowl in the City of Coral Gables. Private Property Residents and business owners may contract with a private entity that specializes in the humane removal of peafowl to remove peafowl from their property. Peafowl, their nests, and eggs may not be harmed or killed in the process of such removal. The City does not have an animal control department and shall not address any nuisance animal complaints related to privately owned property. Public Rights of Way and City-Owned Property The City shall annually budget five thousand dollars ($5000.00} for the removal of peafowl from the public rights-of-way and City-owned property. Peafowl, their nests, and eggs may not be harmed or killed in the process of such removal. The Code Enforcement Division shall be responsible for administering the fund and coordinating the removal of peafowl using one or more private companies that specializes in the humane removal of peafowl. Page 3 of 3 -Resolution No. 2022-175