Miami-Dade Legislative Item
File Number: 110343
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File Number: 110343 File Type: Ordinance Status: Amended
Version: 0 Reference: Control: County Commission
File Name: MODIFYING PROCEDURES FOR DOG BITE INVESTIGATIONS Introduced: 2/11/2011
Requester: NONE Cost: Final Action:
Agenda Date: 5/3/2011 Agenda Item Number: 7G
Notes: SEE 111906 FOR FINAL VERSION AS ADOPTED. Title: ORDINANCE PERTAINING TO ANIMALS; MODIFYING PROCEDURES FOR INVESTIGATING COMPLAINTS CONCERNING DANGEROUS DOGS; AMENDING SECTION 5-22 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING AUTHORITY FOR ENFORCEMENT BY CIVIL PENALTY; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: ANIMAL CONTROL
  ANIMALS
  DOGS
  INVESTIGATIVE SERVICES
  ORDINANCE AMENDING
Sponsors: Rebeca Sosa, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 5/3/2011 7G Amended
REPORT: See Report Under Agenda Item 7G AMENDED, Legislative File No. 111906.

Public Safety & Healthcare Admin Cmte 4/12/2011 1F3 Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Valda Clark Christian read the foregoing proposed ordinance into the record. Chairman Diaz opened the public hearing and called for persons wishing to appear before the Committee in connection with this proposed ordinance. There being no one wishing to appear, the Committee proceeded to vote.

Board of County Commissioners 3/1/2011 Tentatively scheduled for a public hearing Public Safety & Healthcare Admin Cmte 4/12/2011

Board of County Commissioners 3/1/2011 4D Adopted on first reading 4/12/2011 P
REPORT: First Assistant County Attorney Abigail Price-Williams read into the record the title of the foregoing proposed ordinance. Hearing no questions or comments from Committee members or the Administration, the Committee proceeded to vote on the foregoing ordinance. The foregoing proposed ordinance was adopted on the first reading and scheduled for a public hearing before the Public Safety & Healthcare Administration Committee meeting on Tesday, April 12, 2011, at 9:30 a.m.

County Attorney 2/11/2011 Referred Public Safety & Healthcare Admin Cmte 4/12/2011

County Attorney 2/11/2011 Assigned Dennis A. Kerbel 2/11/2011

Legislative Text


TITLE
ORDINANCE PERTAINING TO ANIMALS; MODIFYING PROCEDURES FOR INVESTIGATING COMPLAINTS CONCERNING DANGEROUS DOGS; AMENDING SECTION 5-22 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING AUTHORITY FOR ENFORCEMENT BY CIVIL PENALTY; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 5-22 of the Code of Miami-Dade County is hereby amended to read as follows: 1
Sec. 5-22. - Dangerous dogs; authority to designate dog as dangerous; confiscation; appeal procedures.

* * * *

(c) The Director or designee shall designate a dog as dangerous if the dog commits one (1) or more of the acts specified in subsection (b) above.

[[(1)]] An individual desiring to have a dog designated as dangerous shall attest in a sworn affidavit to the incident giving rise to the request >>, but the Department may commence an investigation prior to receiving an affidavit.<< [[and shall submit the affidavit to the Department within 30 days of the incident.
(2) Upon receipt of a sworn affidavit, an Animal Control Officer will investigate the complaint and will, if possible, interview the party

responsible for the dog under investigation before designating the dog as dangerous.]]

* * * *

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 part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered 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 ten (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.

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.



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