Legislative Matter

Miami-Dade Legislative Item
File Number: 122451

Clerk's Official Copy

File Number: 122451

File Type: Ordinance

Status: Adopted

Version: 0

Reference: 12-101

Control: Board of County Commissioners

File Name: DOGS ON ROOFTOPS

Introduced: 12/12/2012

Requester: NONE

Cost:

Final Action: 12/4/2012

Agenda Date: 12/4/2012

Agenda Item Number: 7E

Notes:

THIS IS FINAL VERSION AS ADOPTED. ALSO SEE 121837

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 [SEE ORIGINAL ITEM UNDER FILE NO. 121837]

Indexes:	ORDINANCE
	ANIMALS
	DOGS

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

County Attorney	12/12/2012		Assigned	Dennis A. Kerbel		12/13/2012

Board of County Commissioners	12/4/2012	7E Amended	Adopted as amended				P
REPORT:	First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Commissioner Heyman noted her support for the foregoing ordinance; however, she questioned whether this proposal precluded animals in habitable rooftop areas. Assistant County Attorney Dennis Kerbel noted he believed that rooftop meant that it was not a habitable area; however, an amendment could be made to the foregoing ordinance to clarify that it did not include habitable areas. He advised that rooftop amenities, such as a pool, would be covered by the fact that the responsible party would be temporarily accompanying the dog. Commissioner Heyman proffered an amendment to exclude habitable residences and sites. Commissioner Diaz said he concurred with Commissioner Heyman’s proposed amendment. He asked Assistant County Attorney Kerbel to ensure that it specifically excluded habitable residential units so that it could not be used as an excuse for people leaving dogs on the rooftops of commercial buildings. Assistant County Attorney Kerbel noted the Animal Services Department would have authority to enforce civil penalty for violation of this proposed ordinance. Commissioner Diaz asked Assistant County Attorney Kerbel to exclude habitable residential units. The County Commission adopted the foregoing ordinance, as amended, to exclude habitable residential units.

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, or to have a dog in any habitable residential area.

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.

Section 5. 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.