Miami-Dade Legislative Item
File Number: 131107
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File Number: 131107 File Type: Ordinance Status: Adopted
Version: 0 Reference: 13-85 Control: Board of County Commissioners
File Name: INCREASE PENALTIES FOR DOG FIGHTING Introduced: 5/28/2013
Requester: NONE Cost: Final Action: 9/17/2013
Agenda Date: 9/17/2013 Agenda Item Number: 7E
Notes: REQUIRES 6WKS-4WKS Title: ORDINANCE PERTAINING TO ANIMALS; EXPANDING DEFINITION OF ACTS DEEMED CRUELTY TO ANIMALS; INCREASING PENALTIES FOR FIGHTING OF ANIMALS; AMENDING SECTIONS 5-4 AND 8CC-10 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA (CODE); PROVIDING AUTHORITY FOR ENFORCEMENT BY CIVIL PENALTY; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: DOG FIGHTING TRUNKING
Sponsors: Rebeca Sosa, Prime Sponsor
  Lynda Bell, Co-Sponsor
  Esteban L. Bovo, Jr., Co-Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Sally A. Heyman, Co-Sponsor
  Barbara J. Jordan, Co-Sponsor
  Jean Monestime, Co-Sponsor
  Dennis C. Moss, Co-Sponsor
  Xavier L. Suarez, 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 9/17/2013 7E Adopted P

Public Safety & Animal Services Committee 8/28/2013 1F1 Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Alexander Bokor read the foregoing proposed ordinance into the record. Chairwoman Heyman opened the public hearing on the foregoing proposed ordinance. She closed the public hearing after no one appeared wishing to be heard. Hearing no questions or comments, the Committee members proceeded to vote on the foregoing proposed ordinance, as presented.

Board of County Commissioners 7/9/2013 Municipalities notified of public hearing Public Safety & Animal Services Committee 8/28/2013 6/4/2013

Board of County Commissioners 6/4/2013 Tentatively scheduled for a public hearing Public Safety & Animal Services Committee 8/28/2013

Board of County Commissioners 6/4/2013 4F Adopted on first reading 8/28/2013 P
REPORT: The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Public Safety and Animal Services Committee on August 28, 2013 at 9:30 a.m.

County Attorney 5/28/2013 Referred Public Safety & Animal Services Committee 8/28/2013

Board of County Commissioners 5/28/2013 Requires Municipal Notification Public Safety & Animal Services Committee 8/28/2013

County Attorney 5/28/2013 Assigned Dennis A. Kerbel 5/28/2013

Legislative Text


TITLE
ORDINANCE PERTAINING TO ANIMALS; EXPANDING DEFINITION OF ACTS DEEMED CRUELTY TO ANIMALS; INCREASING PENALTIES FOR FIGHTING OF ANIMALS; AMENDING SECTIONS 5-4 AND 8CC-10 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA (CODE); PROVIDING AUTHORITY FOR ENFORCEMENT BY CIVIL PENALTY; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, under Section 5-4(b) of the Code of Miami-Dade County, the use of an animal for fighting is an act of cruelty to animals; and
WHEREAS, this Board has recently received information about an especially heinous practice of dog fighting, called “trunking,” in which two dogs are locked in the trunk of a car that is driven around with music blasting while the dogs fight to the death in the confined space; and
WHEREAS, this Board desires to increase the penalty for this act of cruelty,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 5-4 of the Code of Miami-Dade County is hereby amended to read as follows: 1
Sec. 5-4. - Cruelty to animals.

* * * *
(b) Acts deemed cruelty to animals. It shall be unlawful to commit any act that constitutes cruelty to animals. The following acts shall be deemed cruelty to animals (see Sections 828.12, 828.13 and 828.16, Florida Statutes):
(1) To torture, torment, mutilate, kill, or unnecessarily overdrive any animal or to cause the same to be done.
(1.1) To engage in animal fighting, including, without limitation, dog fighting or cock fighting. For purposes of this section, to be engaged in animal fighting means to instigate, promote, assist, hold, manage, stage, conduct, be employed in connection with, be present for the preparation of, provide an animal for, allow one's own real or personal property to be used for, gamble on, be a spectator at, or profit from an exhibition, contest, or event featuring the fighting of an animal with another animal during which an animal may be injured, maimed, or killed. >>The practice of “trunking,” in which two animals are locked in the trunk of a car and induced to fight in the confined space, shall be deemed animal fighting.<<

* * * *

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

* * * *
Code Section
Description of Violation
Civil Penalty

* * * *

5-4
Cruelty to animals
500.00

Animal fighting or baiting
1,000.00

>>”Trunking” of animals
2,000.00<<

* * * *


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.
PASSED AND ADOPTED:


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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