Legislative Matter

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:	ORDINANCE AMENDING
	ANIMAL CONTROL
	INVESTIGATIVE SERVICES
	ANIMALS
	DOGS

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.