HomeMy Public PortalAbout2016-08 Amending Chapter 19 Domestic AnimalsORDINANCE NO. 2016.S
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AMENDING CHAPTER t9, SECTION tg_g,
ENTITLED TDOMESTIC ANIMALS," ALLO\ryING DOGS
AND OTHERDOMESTIC ANIMALS WITHIN DESIGNATED
VILLAGE PARKS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING AN
EFFECTIVE DATE.
\ryHEREAS, the Village Council of the Village of Key Biscayne, Florida ("Village Council")
finds it periodically necessary to amend its Code of Ordinances ("Code") in order to update
regulations and procedures to implement municipal goals and objectives; and
\ryHEREAS, Article VIII, Section 2 of the Florida Constitution, and Chapter 166, Florida
Statutes, provide municipalities with the authority to exercise any powor for municipal purposes,
except where prohibited by law, and to adopt ordinances in furtherance thereof; and
WHEREAS, the Village Council desires to update the Code to clarift when any person may
take a domestic animal into a Village park; and
WHEREAS, pursuant to law, notice has been given by publication in apaper of general
circulation in the Village, noti$iing the public of this proposed ordinance and of the public hearings;
and
WIIEREAS' two (2) public hearings before the Village Council were held pursuant to the
published notice described above.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWSI:
t I Coding: underlined words are additions to existing text, strucls-through words are deletions from existing text.
changes between first and second reading are indicated with highlight.
Section 1. Recitals. That the above recitals are true and correct and incorporated herein
by this reference.
Section 2. Amendment of Chapter 19. That Chapter 19 of the Code of Key Biscayne.
Florida, is hereby amended as follows:
Section 19-9. Domestic animals.
No person shall be permitted to take any domestic animal (including dogs) into any Village
park whether on leash, in arms or running at large, except into those parks or areas within parks
specifically designated by the Village Council for dogs or other domestic animals. The provisions
of this section shall not applyto: (1) the use of a service animal. which means any dog guide or other
animal individually trained and certified to work or perform tasks for an individual with a disabilit$
or (2) the use of an emotional support or ps)¡chiatric assist animal if proper documentation is
provided to the Village from a licensed mental health care professional.
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Section 3. Severability. The provisions of this Ordinance are declared to be severable
and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be
invalid or unconstitutional, such decision shall not affect the validity of the remaining sections,
sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 4. Conflicts. All ordinances or parts of ordinances, resolutions or parts of
resolutions, in conflict herewith, are repealed to the extent of such conflict.
Section 5. Effective Date. That this Ordinance shall be effective immediately upon
adoption on second reading.
PASSED on fìrst reading this 28th day of June ,2016.
2
PASSED AND ADOPTED on second reading this 30th day of August ,2016
MAY A
CONCHITA H. ALVAREZ,MMC, VILLAGE
APPROVED AS TO FORM AND LEGAL SUFFICIEN
VILLAGE
Y
J
MIAMI DAILY BUSINESS REVIEW
Published Daily excèpt Saturday, Sunday and
Legal Hol¡days
Miam¡, Miami-Dade County, Flor¡da
STATE OF FLORIDA
COUNTY OF MIAM¡.DADE:
Before the undersigned authority personally appeared
OCTELMA V. FERBEYRE, who on oath says thât he or she is
the VICE PRESIDENT, Legal Notices of the Miami Daily
Business Review f/Ua Miami Review, a daily (except
Saturday, Sunday and Legal Holidays) newspaper,
published at Miami in Miami-Dade County, Florida; that the
attached copy of advertisement, be¡ng a Legal Advertisement
of Notice ¡n the matter of
PUBLIC NOTICE
VILLAGE OF KEY BISCAYNE - MEETING - "DOMESTIC
ANIMALS,''. AUGUST 30, 2OI6
in the XXXX Court,
was published in sa¡d newspaper ¡n the issuês of
08t18t2016
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami, in said
Miami-Dade Coung, Florida and that the said newspaper has
heretofore been conl¡nuously published in said Miami-Dade
County, Florida each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
matter at the post office in Miami in said Miami-Dade County,
Florida, for a period of one year next preceding the frst
publication of the attached copy of advertisement; and affant
further says that he or she has neither paid nor promised any
person, firm or
or refund for
publication in
Sworn to and
18 dayof
any discount, rebate, commission
of securing this advertisement for
YILLAGE OF KEY BISCAY]IE
OFFIGE OF THE YITLAGE CLEH(
PUBLIC ilOTrcE
Notice is heroby given that the following ordinance will be considered on
Second Read¡ng by the Village Council óf the Village of Kêy B¡scayne at a
Meeting to be held on Tuesday, August 30, 2016 at 7:00 p.m.' in thê
CounciiChamber, locat€d at 560 Crandon Boulevard, Key Biscayne, Florida:
ier oRor,¡ANcE oF THE vtLLAcE oF KEy BlscAYNE, FLoRIDA,
AMENDTNG CHAPTER 19, SECTION l9-9, ENTITLED "DOMESTIC
ANIMALS," ALLOWNG DOGS AND OTHER DOMESTIC ANIMALS WTHIN
DESIGNATED VILLAGE PARKS; PROVIDING FOR SE\TERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE'
The proposed Ordinance may be ¡nspected by the public at the Office of
the Village Clerk. lnterested parties may appear at the Public Hearing and
be heard with respect to the proposed Ordinanc€. Any person wishing to
address the Village Council on any item at this Public Hearing is asked to
reg¡ster w¡th the Village Clerk prior to that item being heard.
ln accordance with the Americans With Disabilities Act of 1990, all persons
who are d¡sâbled and who need special accommodations to participate in
this Þroceed¡ng because of that disability should contact the Office of the
Village Clork, 88 West Mclntyre Street, Suite 220, Key Biscayne, Florida
331¿9, telephone number (305) 365-5506, not later than two business days
prior to such proceeding.
Should any person desire to appeal any decision of the Village Council with
r respect to any matter to be considered at this meeting, that person shall
insure that a verbatim record of the proceedings is made ¡ncluding all testimony
and evidence upon which any appeal may be based (F.S. 286.01 05).
Comments of any interested party relative to this matter may be submitted
in writins and or presented in person at the tr8'åi:;ñ:îf
^tvarez,
MMC
Village Clerk
8/18 16-89/0000142825M
U D.
me
6
OCTELMA V. FERBEYRE personally known to
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