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Home My Public Portal About2004-01 Amending Village Code Environment creating Sanitary Conditions RequiredORDINANCE NO. 2004-1 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 8 "ENVIRONMENT", CREATING ARTICLE IV "SANITARY CONDITIONS REQUIRED", CONSISTING OF SECTION 8-201 "REMOVAL OF ANIMAL FECES", TO REQUIRE THE REMOVAL AND DISPOSAL OF ANIMAL FECAL MATTER; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTY; PROVIDING FOR EFFECTIVE DATE. IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Code Amended. That the Village Code of the Village of Key Biscayne, Florida, is hereby amended by amending Chapter 8 "Environment," by creating Article IV "Sanitary Conditions Required" consisting of Section 8-201 "Removal of Animal Feces," to read as follows: ARTICLE IV SANITARY CONDITIONS REQUIRED. Section 8-201. Removal of Animal Feces. (a) Any person owning, possessing, harboring or having the care, charge, control or custody of any animal shall immediately remove and thereafter dispose of any fecal matter deposited by the animal on public or private property within the Village (other than upon the property of the owner of the animal) unless the owner or person in lawful possession of the property has consented to such deposit. For the purpose of compliance with this section, animal fecal matter shall be immediately removed by placing the matter in a closed or sealed container and thereafter disposing of it by depositing the matter in a trash receptacle, sanitary disposal unit, or other closed or sealed container. (b) This section shall not apply to blind persons accompanied by a dog used for their assistance in accordance with law. Section 2. Severability. That 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 3. Inclusion in the Code. That it is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the Village of Key Biscayne; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 4. Penalty. Any person who violates any provisions of this Ordinance shall, upon conviction, be punished by a fine not to exceed $500.00 or imprisonment in the County jail not to exceed sixty (60) days or both such fine and imprisonment, except that the fine for the first such violation by a person shall not exceed $100.00. Each day that a violation continues shall be deemed a separate violation. This Ordinance shall also be subject to enforcement under the Local Government Code Enforcement Act, Chapter 162, F.S., as amended, and Section 2-31, et. seq. of the Village Code, as amended. Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction. Section 5. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading. PASSED AND ADOPTED on first reading this 2nd day of December , 2003. PASSED AND ADOPTED on second reading this 13th day of January , 2004. tL Cie -1 MAYOR ROBERT OLDAKOWSKI 2 CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE A TO F:\100\103001\Ordinances\sani . con' tions amendment 11.11.03 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared SOOKIE WILLIAMS, who on oath says that he or she is the VICE PRESIDENT, Legal Notices of the Miami Daily Business Review f/k/a 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, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE - MEETING - JANUARY 13, 2004 ORD. AMENDING CHAPTER 8 "ENVIRONMENT", ETC. in the XXXX Court, was published in said newspaper in the issues of 01/02/2004 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously 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 first publication of the attached copy of advertisement; and affiant further says that he or sh- - - ,either paid nor promised any person, firm or corporation nt, rebate, commission or refund for the purpose g this advertisement for publication in the said per. y disc f secur ewsp Sworn to and sub fJ (SEAL) • • ribed before me thi SOOKIE WILLIAMS pers ARY • .'P 004 nally kno , E LLERENA NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC 912958 MY COMMISSION EXP. NE 23,2004 VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE Notice is hereby given that the following ordinance will be considered on Second Reading by the Village Council of the Village of Key Biscayne at a meeting to be held on Tuesday, January 13, 2004 at 7:00 p.m., in the Council Chamber, located at 560 Crandon Boulevard, Key Biscayne, Florida: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 8 "ENVIRONMENT, CREATING ARTICLE IV `SANITARY CONDI- TIONS REQJJIRED", CONSISTING OF SECTION 8-201 "REMOVAL OF ANIMAL FECES", TO REQUIRE THE REMOVAL AND DISPOSAL OF ANIMAL FECAL MATTER; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR .SEVEFIABILITY; PRO- VIDING FOR PENALTY; PROVIDING FOR EFFECTIVE DATE. The proposed Ordinance may be inspected by the public at the Office of the Village Clerk. Interested parties may appear at the Public Hearing and be heard with 'respect to the proposed Ordinance. Any person wishing to address the Village Council on any item at this Public Hearing is asked to register with the Village Clerk prior to that item being heard. In accordance with the Americans With Disabilities Act of 1990, all per- sons who are disabled and who need special accommodations to• partici- pate in this proceeding because of that disability should contact the Office of the Village Clerk, 88 West McIntyre Street, Suite 220, Key Biscayne, Florida 33149, telephone number (305) 365-5506, not later than two busi- ness days prior to such proceeding, - Should any person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meeting, that person shall insure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based (F.S. 286.0105). Comments of any interested party relative to this matter may be submit- ted in writing and or presented in person at the public hearing. Conchita H. Alvarez, CMC Village Clerk 1/2 04-4-159/415923M