Miami-Dade Legislative Item
File Number: 162314
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File Number: 162314 File Type: Ordinance Status: Adopted
Version: 0 Reference: 17-5 Control: County Commission
File Name: PERTAINING TO ANIMALS; CREATING REGULATIONS Introduced: 10/11/2016
Requester: NONE Cost: Final Action: 1/24/2017
Agenda Date: 1/24/2017 Agenda Item Number: 7B
Notes: REQUIRES 6-4 WEEKS Title: ORDINANCE PERTAINING TO ANIMALS; CREATING SECTION 5-18.1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR THE REGULATION OF THE HARBORING OR KEEPING OF STRAY AND LOST DOGS BY PRIVATE INDIVIDUALS OR ORGANIZATIONS; AMENDING SECTION 8CC-10; PROVIDING FOR ENFORCEMENT BY CIVIL PENALTY; DIRECTING THE COUNTY MAYOR OR DESIGNEE TO CREATE AN ON-LINE LOST DOG REGISTRY; AND PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: ANIMALS
  DOGS
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
  Daniella Levine Cava, 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 1/24/2017 7B Adopted P

Metropolitan Services Committee 12/14/2016 1G2 Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Gerald Sanchez read the title of the foregoing proposed ordinance into the record. Chairwoman Jordan opened the public hearing and called for persons wishing to be heard on the foregoing proposed ordinance. The public hearing was closed after no one appeared. Commissioner Diaz acknowledged there were many groups with good intentions along with a numerous lost dogs that people considered as part of their family. However, he said in some cases these pets were taken by individuals with no information about the dog(s) while the pet owner(s) searched for the dog(s). Commissioner Diaz noted the intent of the foregoing proposed ordinance was to implement a good system when dogs were found. He related a personal experience of caring for a puppy he found before taking the puppy to the County’s Animal Services Department where they found the puppy’s owner. Commissioner Diaz stressed the benefits of the proposed ordinance and emphasized he would listen to his colleagues concerns and modify this ordinance before it was forwarded to the County Commission. Hearing no further questions or comments, the Committee proceeded to vote on the foregoing proposed ordinance.

Board of County Commissioners 10/21/2016 Municipalities notified of public hearing Metropolitan Services Committee 12/14/2016 10/18/2016

Board of County Commissioners 10/18/2016 4F Adopted on first reading 12/14/2016 P
REPORT: The foregoing proposed ordinance was adopted on first reading and scheduled for public hearing before the Metropolitan Services Committee on Wednesday, December 14, 2016 at 2:00 p.m.

Board of County Commissioners 10/18/2016 Tentatively scheduled for a public hearing Metropolitan Services Committee 12/14/2016

County Attorney 10/11/2016 Assigned Dennis A. Kerbel 10/11/2016

Board of County Commissioners 10/11/2016 Requires Municipal Notification Metropolitan Services Committee 12/14/2016

County Attorney 10/11/2016 Referred Metropolitan Services Committee 12/14/2016

Legislative Text


TITLE
ORDINANCE PERTAINING TO ANIMALS; CREATING SECTION 5-18.1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR THE REGULATION OF THE HARBORING OR KEEPING OF STRAY AND LOST DOGS BY PRIVATE INDIVIDUALS OR ORGANIZATIONS; AMENDING SECTION 8CC-10;PROVIDING FOR ENFORCEMENT BY CIVIL PENALTY; DIRECTING THE COUNTY MAYOR OR DESIGNEE TO CREATE AN ON-LINE LOST DOG REGISTRY; AND PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY

WHEREAS, reuniting lost dogs with their owners and caring for stray dogs are important public policies; and
WHEREAS, many stray and lost dogs are reported and brought to the County�s Animal Services Department on a daily basis; and
WHEREAS, the County�s new Animal Shelter is a state-of-the-art facility for humanely caring for animals but it nevertheless has a finite amount of space within which to house stray and lost dogs; and
WHEREAS, many County residents wish to care for stray or lost dogs in their own homes until they can be reunited with their owners or adopted by new owners; and
WHEREAS, this Board wishes to create an orderly process for County residents to care for stray or lost dogs while ensuring that lost dogs can be reunited with their owners and that stray dogs receive appropriate care,


BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 5-18.1 of the Code of Miami-Dade County, Florida, is hereby created to read as follows: 1
>>Sec. 5-18.1 - Harboring or keeping of stray or lost dogs; on-line lost dog registry created.

(a) For purposes of this section, �custodian� means any individual, animal rescue organization, veterinarian office, or other person or entity who comes into possession or custody of any stray or apparently lost dog and chooses to harbor or keep that dog rather than take it for impoundment at the County�s Animal Shelter.

(b) Any custodian of a stray or apparently lost dog shall, within 72 hours of receiving the dog, have the dog scanned for a microchip and notify the Department of receiving possession or custody.

(1) If the microchip scan reveals that the dog is registered to an owner, the custodian shall contact the registered owner within 24 hours.

(2) Notification to the Department shall include the following information: a photograph of the dog; a physical description of the dog, including breed (if known), color, and gender; the date found; the location found; and the custodian�s contact information.

(c) The custodian may at any time bring the dog to the County�s Animal Shelter for impoundment pursuant to section 5-18 of this chapter. The dog shall be impounded as a stray, and the confinement period shall commence from the date the Department receives the dog.

(d) The custodian may not keep a stray or lost dog for more than seven days if it would exceed the maximum number of dogs permitted without constituting a kennel, as defined in section 5-1 of this chapter.

(e) The custodian shall notify the Department as to the ultimate disposition of the dog.

(f) Each dog that is harbored or kept in violation of the above requirements shall be deemed a separate violation of this section.<<

Section 2. Section 8-CC-10 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
* * *
>>5-18.1 Failure to notify Department of keeping stray or lost dog or to update Department as to transfer or disposition of dog

First offense

Second offense

Third or more offense


Warning

$50.00

$100.00<<
* * *


* * *

Section 3. The County Mayor or County Mayor�s designee shall establish and maintain a Lost Dog Registry that contains the information submitted by a custodian as required in this section. The County Mayor or County Mayor�s designee shall make the Lost Dog Registry available to the public on the internet and may make the information available on any pet finder databases or websites that the Department uses.
Section 4. 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 5. 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 a 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

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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