Miami-Dade Legislative Item
File Number: 121837
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File Number: 121837 File Type: Ordinance Status: Before the Board
Version: 0 Reference: Control: Board of County Commissioners
File Name: DOGS ON ROOFTOPS Introduced: 9/14/2012
Requester: NONE Cost: Final Action:
Agenda Date: 12/4/2012 Agenda Item Number: 7E
Notes: REQUIRES 6WKS-4WKS; SEE 122451 FOR FINAL VERSION AS ADOPTED Title: ORDINANCE PERTAINING TO ANIMALS; PROHIBITING THE KEEPING OF DOGS ON ROOFTOPS; CREATING SECTION 5-21.1 AND AMENDING SECTION 8CC-10 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: ANIMALS
  DOGS
  ORDINANCE
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
  Audrey M. Edmonson, Co-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 12/4/2012 7E Amended
REPORT: (See Agenda Item 7E Amended; Legislative File No. 122451)

Public Safety & Healthcare Admin Cmte 11/14/2012 1F1 Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Gerald Sanchez read the foregoing proposed ordinance into the record. Chairman Diaz relinquished the Chair to Commissioner Jordan. Commissioner Jordan opened the public hearing on the foregoing proposed ordinance. She closed the public hearing after no one appeared wishing to speak. Commissioner Diaz explained that this proposal was in response to a dog being quartered on the rooftop of a local business. Hearing no other questions or comments, the Committee proceeded to vote. Chairman Diaz resumed the Chair.

Board of County Commissioners 10/10/2012 Municipalities notified of public hearing Public Safety & Healthcare Admin Cmte 11/14/2012 10/2/2012

Board of County Commissioners 10/2/2012 Tentatively scheduled for a public hearing Public Safety & Healthcare Admin Cmte 11/14/2012

Board of County Commissioners 10/2/2012 4D Adopted on first reading 11/14/2012 P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Public Safety and Healthcare Administration Committee on Wednesday, November 14, 2012 at 9:30 a.m.

Board of County Commissioners 9/20/2012 Requires Municipal Notification Public Safety & Healthcare Admin Cmte 11/14/2012

County Attorney 9/14/2012 Referred Public Safety & Healthcare Admin Cmte 11/14/2012

County Attorney 9/14/2012 Assigned Dennis A. Kerbel 9/20/2012

Legislative Text


TITLE
ORDINANCE PERTAINING TO ANIMALS; PROHIBITING THE KEEPING OF DOGS ON ROOFTOPS; CREATING SECTION 5-21.1 AND AMENDING SECTION 8CC-10 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 5-21.1 of the Code of Miami-Dade County is hereby created:
Sec. 5-21.1. – Dogs on rooftops.
It shall be unlawful to house, maintain, keep, or otherwise have a dog on the rooftop of any building. It is provided, however, that it shall not be a violation of this section for a dog to temporarily accompany a responsible party on the rooftop.


Section 2. Section 8CC-10 of the Code of Miami-Dade County, Florida is hereby amended to read as follows: 1
Sec. 8CC-10. Schedule of civil penalties.

The following table shows the sections of this Code, as they may be amended from time to time, which may be enforced pursuant to the provisions of this chapter; and the dollar amount of civil penalty for the violation of these sections as they may be amended.


The "descriptions of violations" below are for informational purposes only and are not meant to limit or define the nature of the violations or the subject matter of the listed Code sections, except to the extent that different types of violations of the same Code section may carry different civil penalties. For each Code section listed in the schedule of civil penalties, the entirety of that section may be enforced by the mechanism provided in this Chapter 8CC, regardless of whether all activities proscribed or required within that particular section are described in the "Description of Violation" column. To determine the exact nature of any activity proscribed or required by this Code, the relevant Code section must be examined.

Code Section Description of Violation Civil Penalty
* * * *
>>5-21.1 Keeping dog on rooftop 500.00<<
* * * *

Section 3. 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 4. 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.

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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