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ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF MIAMI-DADE COUNTY,
FLORIDA; CREATING SECTION 5-2.6 TO DEFINE AND PROHIBIT THE
TAKING OF PEAFOWL IN MIAMI-DADE COUNTY, PROVIDE PENALTIES FOR
VIOLATIONS, AND AN EXCEPTION FROM THE PROHIBITION; PROVIDING
SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

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BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MIAMI-DADE COUNTY, FLORIDA, that:

Section 1. Section 5-2.6 of the Code of Miami-Dade County,
Florida, is hereby amended as follows:1

>> Section 5-2.6. Taking of Peafowl Prohibited.

(a) It shall be unlawful for any person to take any peafowl. (b)
As used in this Section, "take" means taking, attempting to
take, hunting, molesting, capturing, or killing any peafowl,
their nests or eggs, by any means, whether or not such actions
result in obtaining possession of peafowl or their nests or
eggs. (c) Penalties. Any person violating this Section shall be
punished by a fine not to exceed five hundred dollars ($500.00),
or imprisonment for up to thirty (30) days, or by both such fine
and imprisonment, for each separate violation of this Section.
(d) Exceptions. (1) The prohibitions of this section shall not
apply on property zoned for agricultural use and used for a bona
fide agricultural purpose. (2) Nothing in this section shall
prevent a property owner from removing peafowl from his or her
own property in a manner that does not physically injure the
peafowl.<<



Section 2. If any section, subsection, sentence, clause or
provision of this ordinance is held invalid, the remainder of
this ordinance shall not be affected by such invalidity.

Section 3. It is the intention of the Board of County
Commissioners, and it is hereby ordained that the provisions of
this ordinance, including any Sunset provision, shall become and
be made a part of the Code of Miami-Dade County, Florida. The
sections of this ordinance may be renumbered or re-lettered to
accomplish such intention, and the word "ordinance" may be
changed to "section," "article," or other appropriate word.

Section 4. This ordinance shall become effective 10
days after the date of enactment unless vetoed by the Mayor, and
if vetoed, shall become effective only upon an override by this
Board.

Section 5. This ordinance does not contain a sunset
provision.

1 Words stricken through and/or [[double bracketed]] shall be
deleted. Words underscored and/or >>double arrowed<< constitute
the amendment proposed. Remaining provisions are now in effect
and remain unchanged.