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General > Current Legislation Summary (Miami-Dade...
Current Legislation Summary
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UWAG, Animal Services and other community groups participated in a legislative committee to review and revise the current Miami-Dade County animal welfare Code provisions. The re-write has been reviewed by the County Attorney and will be presented, once finalized, to the Miami-Dade County Commission for passage. ARTICLE I. IN GENERAL Miami-Dade County Animal Control Officers shall be responsible for enforcing the sections of this chapter. (Ord. No. 91-127, § 1, 10-15-91)
It shall be unlawful for any person to persons to keep any wild animal or reptile without first complying with the provisions of Chapter 372, Florida Statutes, and all regulations promulgated by the (Ord. No. 58-5, § 22.08, 2-18-58; Ord. No. 73-40, § 1, 4-16-73; Ord. No. 76-50, § 1, 6-1-76)
(a) All responsible parties adopting or acquiring ownership of animals from the Miami-Dade County Animal (1) Ensure that the animal is sterilized by a licensed veterinarian before obtaining custody of the animal; or, where not medically recommended; (2) Enter into a written agreement guaranteeing that sterilization will be performed (b) Penalties. A violation of this section shall be punished by a fine of five hundred dollars ($500.00). (Ord. No. 94-124, § 1, 6-21-94)
(a) Definitions. As used in this section, the following definition shall apply: (1) Animals shall mean dogs and cats, except for Section 5-2.2(b), where it will include, birds, rabbits, gerbils, hamsters and ferrets. (2) Breeding shall mean to cause to reproduce. (3) Commercial breeder shall mean any person, firm, partnership, corporation, or other association which engages in breeding animals for the purpose of sale or transfer of animals for compensation. Hobby breeders are excluded from this classification. (4) Commercial animal establishment shall mean a pet store or other facility which sells or transfers animals to others for compensation; a kennel or animal boarding facility; or a person who engages in the (5) Compensation shall mean something given or received as payment or reparation as for a service or product. (6) Hobby breeder shall be a person housing or breeding animals at or adjoining a private residence for the purpose of exhibiting animals at organized shows or for the purpose of improving the breed and an active member of a national, state or local breeder organization. Hobby breeders may sell one (1) litter of puppies or kittens per year per female animal. (7) Housing facility shall mean the larger structure within which primary enclosures containing animals are stored. (8) Kennel shall mean a commercial animal establishment used for keeping five (5) or more dogs or cats, for (9) Official certificate of veterinary inspection shall mean a original legible certificate of veterinary inspection signed by the examining veterinarian that shows the age, sex, breed, color, and health record of the dog or cat, the printed or typed names and addresses of the person or business from whom the animal was obtained, the consignor or seller, the consignee purchaser, and the examining veterinarian, and the veterinarian's license number. It must list all vaccines and deworming medications administered to the dog or cat, including the manufacturer, vaccine type, lot number, expiration date, and the dates of examining veterinarian warrants that, to the best of his or her knowledge, the animal has no signs of contagious or infectious disease and has no evidence of internal or external parasites, including coccidiosis and ear mites, but excluding fleas and ticks. (10) Pet dealer means any person, firm, partnership, corporation, or other association which, in the ordinary course of business, engages in the sale of dogs or cats to the public. This definition includes commercial and hobby breeders who sell such animals directly to the consumer. (11) Pet store shall mean any commercial animal establishment that acquires and/or sells/transfers or offers to sell/transfer cats and/or dogs. (12) Primary enclosure shall mean a structure where an animal is housed and maintained. (13) Private residence shall mean a place in which a person lives that belongs to or is leased by the person and/or an immediate member of his or her family. (14) Repeat violation shall mean that the individual received more than one (1) civil violation notice. (15) Structurally sound shall mean that the physical conditions of the enclosure meets acceptable industry construction standards from the enclosure manufacturer or the building code. (16) Veterinarian shall mean a person who is licensed to engage in the practice of veterinary medicine under F.S. ch. 474 and is accredited by the United States Department of Agriculture. (17) Wolf-Hybrid shall mean any domestic dog with genetic makeup from a wolf in its inheritance, as the result of breeding between a dog and a wolf. (b) Minimum standards for the care of animals by Breeders, kennels and pet stores. All commercial animal establishments located in or engaging in business in Miami-Dade County shall comply with the minimum standards contained in this article for the care of animals as indicated below: (1) Housing facilities. Indoor and outdoor housing facilities for animals shall be maintained (2) Water. Water, free of debris, contaminants, and accessible to the animal at all times shall be provided, except when directed otherwise in writing by a licensed veterinarian. (3) Storage of food. Supplies of food in commercial animal establishments shall be stored in sealed containers or other containers which protects the food against insect and vermin infestation and/or contamination. Refrigeration shall be provided for supplies of food whose labeling requires it. (4) Ventilation. Housing facilities for animals shall be ventilated with fresh air either by means of windows, doors, vents or air conditioning. (5) (6) Primary enclosures. All primary enclosures for animals within an indoor or outdoor housing facility shall conform to the following minimum requirements, except where indicated otherwise in writing by a licensed veterinarian for medical reasons. (I) Primary enclosures shall be structurally sound and constructed so as to permit the animal within them to remain dry. (II) Primary enclosures shall be maintained so that the animals contained inside have access to water free of contamination. (III) The floors of the primary enclosure that are not a solid surface shall be of an open-weave construction, where the openings are smaller than the size of the flattened foot of the animal contained inside. The solid surface of the mesh which the floor is made, shall be not less than one-fourth ( 1/4) inch wide in diameter. Where the floor of the primary enclosure is a solid surface, newspaper or a receptacle containing litter shall be provided to contain excreta. (IV) The primary enclosure shall be constructed and maintained so as to provide sufficient space for the animal contained therein to make normal postural adjustments and have full freedom of movement. (7) Feeding. All animals shall be fed at least once a day, except as otherwise directed in writing by a licensed veterinarian. The food shall be accessible, free from contamination and/or insect infestation, and shall be of sufficient quantity and nutritive value to meet the minimal daily requirements for the condition and size of the animal as set forth by the commercial food industry or by a licensed veterinarian. (8) Sanitation. Primary enclosures in commercial animal establishments shall be sanitized and cleaned at least daily. Primary enclosures shall be kept free of excess excreta/feces. (9) Separation. The following restrictions apply to animals house in the same primary enclosure in commercial animal establishments: (I) Females in season shall not be housed in the same primary enclosure with males, except for breeding purposes. (II) Puppies or kittens shall not be housed in the same primary enclosure with adult dogs or cats other than their dams or surrogate dams. (III) Dogs shall not be housed in the same primary enclosure with cats, nor shall dogs or cats be housed in the same primary enclosure with any other species of animals. (IV) Animals under quarantine or treatment for a communicable disease shall be housed according to generally accepted veterinary medical requirements. (c) Animal sale health requirements. (1) Before a dog is offered for sale it shall receive from a veterinarian vaccines and anthelmintics against the following diseases and internal parasites: (I) Canine distemper. (II) Leptospirosis. (III) Bordetella (by intranasal inoculation or by an alternative method of administration if deemed necessary by the attending veterinarian and noted on the health certificate which must be administrated in this County once before sale). (IV) Parainfluenza. (V) Hepatitis. (VI) Canine parvo. (VII) Rabies, if the dog is (VIII) Roundworm. (IX) Hookworm. The tests, vaccines, and anthelmintics must be administered prior to the dog being offered for sale, unless a veterinarian certifies on the official certification of veterinary inspection that to inoculate or deworm the dog is not in the best medical interest of the dog, in which case the vaccine or anthelmintic may not be administered to that particular dog. If the dog is under four (4) months of age, the tests, vaccines, and anthelmintics required by this section must be administered no more than twenty-one (21) days before sale within the County. If the dog is four (4) months of age or older, the tests, vaccines, and anthelmintics required by this section must be administered at or after three (3) months of age, but no more than one (1) year before the sale. Each dog over six (6) months of age must be tested for heartworm before being offered for sale. (2) Before a cat is offered for sale it shall receive from a veterinarian vaccines and anthelmintics against the following diseases and internal parasites: (I) Panleukopenia. (II) Feline viral rhinotracheitis. (III) Calici virus. (IV) Rabies, if the cat is over (V) Hookworm. (VI) Roundworms and Whipworms. The tests, vaccines, and anthelmintics must be administered prior to the cat being offered for sale, unless a veterinarian certifies on the official certification of veterinary inspection that to inoculate or deworm the cat is not in the best medical interest of the cat, in which case the vaccine or anthelmintic may not be administered to that particular cat. If the cat is under four (4) months of age, the tests, vaccines, and anthelmintics required by this section must be administered no more than twenty-one (21) days before sale within the County. If the cat is four (4) months of age or older, the tests, vaccines, and anthelmintics required by this section must be administered at or after three (3) months of age, but no more than one (1) year before the sale. Each cat must also be tested for feline leukemia virus and feline immuno deficiency virus (FIV) before being offered for sale. (3) All dogs and cats sold in the County must have a microchip implanted prior to sale. Any pet dealer selling or transferring ownership of a dog or cat must register said chip with the manufacturer providing name, address and phone number of the new owner of the dog or cat. (4) Each dog and cat must be accompanied by (5) The examination of each dog and cat by a veterinarian must take place no more than thirty (30) days before the sale within the County. (6) No person may offer to sell or transfer any dog or cat that is less than eight (8) weeks of age. (7) The records of a pet dealer shall be open for inspection by an Investigator from (8) County-operated or City-operated animal control agencies and State of Florida registered nonprofit humane organizations are exempt from this section. (d) Sale and breeding of Wolf-hybrids. (1) No Wolf-hybrid may be sold, or purchased in Miami-Dade County. (2) No Wolf-hybrid may be bred in Miami-Dade County. (e) Commercial breeder license requirements. (1) No person, firm, association, business, joint venture, partnership shall act or perform services of a commercial breeder in Miami-Dade County without first obtaining a commercial breeder's license. A separate license shall be required for each place of business that the services of a breeder are being performed. (2) Application for a commercial breeder's license shall be on a form prescribed by (3) The commercial breeder's license shall be valid for a period of twelve (12) months from the date of issuance. Failure to timely renew a commercial breeder's license shall not alter (4) The annual license fee for a commercial breeder's license shall be fixed by administrative order of the County Manager approved by the Board of the County Commission. (5) Premises on which animals are kept for breeding shall be subject to inspection by (6) Repeated violations of Section 5-2.2(b) which the violator has been found guilty or did not appeal shall be grounds for suspension, revocation or denial of renewal of a commercial breeder's license by the (7) Operating as a commercial breeder without first obtaining a commercial breeder's license shall subject the violator to the following penalties: (I) A civil penalty as defined in Section 8CC-10 of the Code. (II) Two (2) times the license fee for the issuance of the commercial breeder's license. (f) Hobby breeder registration requirements. (1) No person, firm, association, business, joint venture, partnership shall act or perform services of a hobby breeder in Miami-Dade County without first registering as a hobby breeder. (2) Registration as a hobby breeder shall be on a form prescribed by the (3) The hobby breeder registration is a (4) (5) Upon receipt of a complaint, (6) Operating as a hobby breeder without first registering shall be subject to the following penalties: (I) A civil penalty as defined in Section 8CC-10 of the Code. (II) Two (2) times the registration fee for issuance of the hobby breeder registration. (g) Kennel license requirements. (1) No person, firm, association, business, joint venture, partnership shall provide the services of a kennel in Miami-Dade County without first obtaining a kennel license. A separate license shall be required for each place of business that kennel services are being offered. (2) Application for a kennel license shall be on a form prescribed by the (3) The kennel license shall be valid for a period of twelve (12) months from the date of issuance. Failure to timely renew a license shall not alter or waive the requirement of renewal on the anniversary date of the original issuance. All outstanding citations for violations of section 5-2 must be paid prior to the renewal of this license. Convictions of violations for cruelty to animals or animal abandonment from this state or any other state shall be grounds for denial of issuance of a kennel license. (4) The annual license fee for a kennel license shall be fixed by administrative order of the County Manager approved by the Board of County Commissioners. (5) Kennels shall be subject to inspection by (6) Repeated violations of Section 5-2.2(b) which the violator has been found guilty or did not appeal shall be grounds for suspension, revocation or denial of renewal of a kennel license by the (7) Operating a kennel without first obtaining a kennel license shall subject the violator to the following penalties: (I) A civil penalty as defined in Section 8CC-10 of the Code. (II) Two (2) times the license fee for the issuance of the kennel license. (h) Pet store license requirements. (1) No person, firm, association, business, joint venture, partnership shall operate a pet store in (2) Application for a pet store license shall be on a form prescribed by Animal Care and Control Division. (3) The license shall be valid for a period of twelve (12) months from the date of issuance. Failure to timely renew a license shall not alter or waive the requirement of renewal on the anniversary date of the original issuance. All outstanding citations for violations of section 5-2 must be paid prior to the renewal of the license. Convictions of violations for cruelty to animals or animal abandonment from this state or any other state or repeated convictions of Florida State Statute 828.29 shall be grounds for denial of issuance of a pet store license. (4) The annual license for the pet store license shall be fixed by administrative order of the County Manager approved by the Board of County Commissioners. (5) All animals housed in pet stores shall meet the standards listed in Section 5-2.2(b). Pet stores shall be subject to inspection by (6) Repeat violations of Section 5-2.2(b) by which the violator has been found guilty or did not appeal shall be grounds for suspension, revocation or denial of renewal of a pet store license by the (7) Operating a pet store without first obtaining a pet store license shall subject the violator to the following penalties: (I) A civil penalty as defined in Section 8CC-10 of the Code. (II) Two (2) times the license fee for the issuance of the pet store license. (i) Appeal procedures. (1) Upon receipt of a timely request for an administrative hearing a hearing will be scheduled with a hearing officer. (2) A notice of hearing shall be sent by first class mail to named appellant at his or her last known address. The notice of hearing shall include but not be limited to the following: (I) Place, date and time of the hearing. (II) Right of the appellant to be represented by a lawyer. (III) Right of the appellant to present witnesses and evidence. (IV) Notice that failure of the appellant to attend the hearing may result in cost being assessed against him or her. (V) Notice that requests for continuances will be not be considered if not received by the hearing officer at least ten (10) calendar days prior to the date set for the hearing. (3) A hearing date shall not be postponed or continued unless a request for continuance, showing good cause for such continuance, is received in writing by the hearing officer at least ten (10) calendar days prior to the date set for the hearing. (4) All hearings of the hearing officer shall be open to the public. Assuming proper notice, a hearing may proceed in the absence of the named appellant. (5) The proceedings at the hearing shall be recorded and may be transcribed at the expense of the party requesting the transcript. All testimony shall be under oath. (6) The Clerk of the Board of County Commissioners shall provide clerical and administrative personnel as may be reasonably required by the hearing officer for the proper performance of his or her duties. (7) Each case before a hearing officer shall be presented by the County Manager or his or her designee (8) The hearing need not be conducted in accordance with the formal rules relating to evidence and witnesses. Any relevant evidence shall be admitted if the hearing officer finds it competent and reliable, regardless of the existence of any common law or statutory rule to the contrary. (9) Each party shall have the right to call and examine witnesses to introduce exhibits; to cross examine opposing witnesses on any matter relevant to the issues even though that matter was not covered on direct examination; to impeach any witness regardless of which party first called him or her to testify; and to rebut the evidence against him or her. (10) The hearing officer shall make findings of fact based on the evidence of record. In order to make a finding upholding the suspension, revocation or denial of renewal of a license, the hearing officer must find that the preponderance of the evidence supports repeated violations of Section 5-2.2(b). (11) Based upon the fact-finding determination, the hearing officer shall either affirm or reversed suspension, revocation or denial of renewal of the license of the appellant. (12) If the decision of the hearing officer is to affirm the Department's decision, then the appellant shall be responsible to pay the administrative costs of the hearing. (13) The hearing officer shall have the power to: (I) Adopt procedures for the conduct of the hearing. (II) Subpoena the appellant and witnesses for hearing. (III) Subpoena evidence (IV) Take testimony under oath. (V) Assess and order the payment of administrative costs. (14) The appellant or the department may file a written request for a hearing in the County Court to appeal the decision within ten (10) business days after receipt of the written notification of the hearing officer's decision. (15) A certified copy of a hearing officer's order imposing administrative costs may be recorded in the public records and thereafter shall constitute a lien against any real or personal property owned by the violator. After one (1) year from filing of any such lien which remains unpaid. Miami-Dade County may foreclose or otherwise execute on the lien. (16) During the appeal process, the suspension, revocation or denial of appeal is stayed. (Ord. No. 98-48, § 1, 4-21-98) Editor's note: Section 5-2.2, relating to artificially colored animals, has been deleted as covered by F.S. § 828.161. The section was derived from Ord. No. 60-4, § 2, adopted Feb. 2, 1960. Subsequently, Ord. No. 98-48, § 1, adopted April 21, 1998, added a new § 5-2.2 to read as herein set out.
It shall be unlawful for any person to possess, offer for sale, sell, barter or give away within the County any dyed or artificially colored rabbit or other animal, baby chicken, duckling or other fowl. (Ord. No. 60-4, § 3, 2-2-60)
It shall be unlawful for any person to sell, offer for sale, barter or give away live turtles except where adequate bacteriological proof is submitted to the Miami-Dade County Department of Public Health that such turtles are free from salmonella contamination. Adequate bacteriological proof as used herein shall consist of a statement issued by the chief public health official of the State from which the lot of turtles is shipped, certifying that the turtles have been found free of salmonella based upon laboratory examination, and stating the examinations upon which the statement is based. Such certificates shall accompany and be provided to the dealer of any turtle to be sold from an approved lot. The Director of the Miami-Dade County Department of Public Health may in addition thereto, withhold approval of any lot of turtles whether certified or not, until a series of at least six (6) consecutive cultures taken at intervals of not less than one (1) week have been found negative for salmonella in a laboratory approved for this purpose by the Miami-Dade County Department of Public Health. The results of such examinations shall be submitted on a form to be provided by the Miami-Dade County Department of Public Health. The Director of the Miami-Dade County Department of Public Health or his duly authorized representative may at any time take samples of tank water or any other appropriate samples from turtles offered for sale and order the immediate destruction or transhipment of any lot of turtles found contaminated with salmonella. (Ord. No. 72-1, § 1, 1-4-72; Ord. No. 76-50, § 3, 6-1-76)
The following warning shall be posted conspicuously at every display of turtles for retail sale: CAUTION. Turtles may transmit bacteria causing disease in humans. It is important to wash the hands thoroughly after handling turtles or material in a turtle bowl; not to allow water or any other substance from a turtle bowl to come into contact with your food or areas where your food is prepared; and to make sure that these precautions are followed by children or others handling turtles. (Ord. No. 72-1, § 1, 1-4-72)
(Ord. No. 60-4, § 4, 2-2-60; Ord. No. 72-1, § 2, 1-4-72)
(a) It shall be unlawful for any person to transport (1) Animal carriers must be secured to the vehicle so to be made immovable when the vehicle is in motion. (2) Animal carriers must allow for an animal to make normal postural movements while inside the structure. (b) It shall be unlawful for any person to transport (c) Any person found to have violated this section shall be subject to a civil penalty as defined in Section 8CC-10 of the Miami-Dade County Code. (Ord. No. 01-74, § 1, 4-10-01)
For the purposes of this section, the following definitions shall apply: SHELTER shall be defined as a structure which protects the animal from the elements caused by weather conditions and allows for normal postural movements while inside the structure. NECESSARY SUSTANANCE shall be defined as, providing the animal with a sufficient amount of wholesome food, a sufficient amount of water free from contamination and medical attention by a licensed veterinarian for any ailment including but not limited to: injuries, infections, skin disorders or internal parasites. (a) Legislative intent. It is the intent of the Board of County Commissioners of Miami-Dade County, Florida, to provide an orderly and consolidated procedure wherein cruelty to animals may be corrected and the animals protected. Nothing herein shall affect the powers and duties of the Department of Planning and Zoning to enforce Chapter 33 of the Code of Miami-Dade County. (b) Acts deemed cruelty to animals. The following acts shall be deemed cruelty to animals (see Florida Statutes, 828.12, 828.13 and 828.16): (1)
(2) Confinement of animals without sufficient food. Animals abandoned at a veterinary hospital shall cease to be the responsibility of the veterinary hospital after (3) Contagious diseases. Whoever, being the owner, or having the charge of any animal, knowing the same to have any contagious or infectious disease, or to have been recently exposed thereto, sells, barters or disposes of such animal without first disclosing to the person to whom the same is sold, bartered or disposed of, that such animal is so diseased, or has been exposed, as aforesaid, or knowingly permits such animal to run at large, or knowing such animal to be diseased as aforesaid, knowingly allows the same to come into contact with any such animal of another person without his knowledge or permission, shall be in violation of this section. (4) Live animal prizes prohibited. Whoever gives away or offers to give away any live animal as a prize in any game, drawing, sweepstakes or other promotion, shall be in violation of this section. (c) Enforcement. (1) Whenever any person or persons complain of cruelty to animals and wish to remain anonymous, the complainant must submit the details of the complaint to the Animal Services Department. (2) If the representative of the (3) If the representative of the (4) If a court of competent jurisdiction determines that an act of cruelty to animals does exist, the (d) Penalties. Any person or persons found guilty of an act of cruelty to animals shall be subject to up to sixty (60) days imprisonment and/or a fine not exceeding five hundred dollars ($500.00) for each separate act of cruelty. (Ord. No. 75-24, §§ 1--4, 4-2-75; Ord. No. 76-50, § 4, 6-1-76; Ord. No. 94-203, § 1, 11-1-94; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 98-125, § 2, 9-3-98)
(a) For purposes of this section "animal" shall mean dogs and cats. (b) No commercial trapping shall be conducted in Miami-Dade County without first obtaining a trapper's license from the (1) Application for a trapping license shall be on a form prescribed by the (2) The trapping license shall be valid for a period of twelve (12) months from the date of issuance. Failure to timely renew a trapping license shall not alter or waive the requirements of renewal on the anniversary date of original issuance. (3) The trapping fee shall be fixed by administrative order of the County Manager approved by the Board of County Commissioners. (4) No license is transferable, nor shall such license be used by anyone except that person to whom the license was issued. (5) Repeated violations of Section 5-2.6(a, b, c, d) by which the violator has been found guilty or did not appeal shall be grounds for suspension, revocation or denial of renewal of a commercial trapper license by the The suspension, revocation or denial of renewal may be appealed by providing a written request for a hearing within seven (7) calendar days of receipt of notification of suspension, revocation or denial of renewal to the address listed in the suspension, revocation or denial of renewal letter. An administrative hearing will be conducted in accordance with the provision listed in Section 5-2.6(e). Commercial trapping after suspension, revocation or denial of a license is a violation of this section. (c) Trapping shall be conducted in humane manner. (1) Traps shall be in good condition in that they will not cause any bodily injury to the trapped animal. (2) Use of poisons, poisoned substances or stupefying substances in a trap are prohibited. (3) All traps shall be plainly identified with the name, telephone number, address and Animal (4) All traps shall be inspected daily, no trapped animal shall remain in a trap for a period to exceed (18) eighteen hours. All traps shall be placed in a shaded or sheltered area, providing protection against the elements. Water and food must be accessible to any trapped animal while contained in the trap. (5) All animals trapped shall be brought to a County-recognized humane animal organization, the Animal (6) A monthly report shall be submitted to the Animal (i) The number of animals trapped during that calendar month. (ii) The location where the animal was trapped. (iii) The organization and location of the disposition of the animal trapped. (d) It shall be unlawful for any person to disturb the trap of another. (e) Any person who violates any of the provisions of this section shall be punished as indicated in Section 8CC-10 of the Miami-Dade County Code. (Ord. No. 01-74, § 2, 4-10-01)
(a) For purposes of this section, the following definitions shall apply: (1) "Animal" shall mean dogs and cats. (2) "Compensation" shall mean something given or received as payment or reparation for a service or product.
(4) "Ventilation" for animals shall mean the animal will be ventilated with fresh air either by means of windows, doors, vents, fans or air conditioning. (5) "Primary enclosure" shall mean a structure in which an animal is housed and maintained. (6) "Grooming establishment" shall mean any place of business (stationary or mobile) which accepts private pets for bathing, clipping, dipping, pedicure or other related services (not to include breeding, dentistry, veterinary clinic, or overnight boarding). (b) No commercial grooming shall be conducted in Miami-Dade County without first obtaining a license from the (1) Application for a license shall be on a form prescribed by the Animal (2) The groomer's license shall be valid for a period of twelve (12) months from the date of issuance. Failure to timely renew a groomer's license shall not alter or waive the requirement of renewal on the anniversary date of original issuance. (3) The groomer's license fee shall be fixed by administrative order of the County Manager approved by the Board of County Commissioners. (4) No license is transferable, nor shall such license be used by anyone except that person to whom the license was issued. (5) Premises on which animals are kept for grooming shall be subject to inspection by the (6) Repeated violations of Section 5-2.7 by which the violator has been found guilty or did not appeal shall be grounds for suspension, revocation or denial of renewal of a groomer's license by the The suspension, revocation, or denial of renewal may be appealed by providing a written request for a hearing within seven (7) calendar days of receipt of notification of suspension, revocation or denial of renewal may be appealed by providing a written request for a hearing within seven (7) calendar days of receipt of notification of suspension, revocation or denial of renewal to the address listed in the suspension, revocation or denial of renewal letter. An administrative hearing will be conducted in accordance with provision listed in Section 5-2.7(g). Grooming after suspension, revocation or denial of a license is violation of this section. (7) Operating as a groomer without first obtaining a license shall subject the violator to a civil penalty as defined in Section 8CC-10 of the Code of Miami-Dade County. (c) Primary enclosures for groomers. (1) All primary enclosures for animals within an indoor or outdoor housing facility shall conform to the following minimum requirements, except where indicated otherwise in writing by a licensed veterinarian for medical reasons. (i) All animals shall be contained in a primary enclosure and shall not be permitted to be at large in the facility. The primary enclosure shall be appropriate to its species, breed and size so as to provide sufficient space for the animal contained to make normal postural adjustments and have full freedom of movements. (ii) Primary enclosures shall be structurally sound and constructed so as to permit the animal contained therein to remain dry. Primary enclosures shall be maintained in a clean, dry, and disinfected sanitary manner. (iii) Primary enclosures shall be maintained so that the animals contained inside have access to water free of contamination. (iv) Floors of primary enclosures that are not a solid surface shall be of an open weave construction, where the openings are smaller than the size of the flattened foot of the animal contained inside. The solid surface of the mesh which the floor is made shall be not less than one-quarter ( 1/4) of an inch in diameter. Where the floor of the primary enclosure is a solid surface, it shall be made of non-porous material. Newspaper or a receptacle containing litter shall be provided to contain excreta. (v) Primary enclosures must have no sharp points or edges that could injure dogs or cats and must be maintained in good repair. (2) In order to house five (5) or more animals for more than twelve (12) hours, a kennel permit must be obtained from the Animal (d) Ventilation for grooming parlors and mobile grooming units. (1) Air, preferably fresh air, must be provided through windows, doors, vents, fans or air-conditioning. (2) Indoor facilities for dogs and cats must be sufficiently ventilated at all times when dogs and cats are present to provide for their health, comfort and well-being, and to minimize odors, drafts, ammonia levels and moisture condensation. (i) When dogs and cats are housed in their primary enclosures, the ambient temperature in the facility must not fall below fifty (50) degrees Fahrenheit and must not rise above eighty-five (85) degrees Fahrenheit. (e) Record keeping for groomers. (1) All grooming parlors and mobile grooming units shall maintain a record of all animals currently on premises being groomed. (2) A medical emergency release form must be obtained from the owner of each animal so that emergency treatment can be given if an animal shows signs of illness or is injured while in the care and custody of the grooming parlor/unit. (3) The information on this medical release form shall include the owner's name, address, emergency telephone number, owner's veterinarian and veterinarian's telephone number. This information shall be provided to the inspecting officer upon request. (f) Sanitation standards for grooming parlors and mobile grooming units. (1) Each cage and primary enclosure, including top, sides, floor, grate and door shall be cleaned with soap and disinfectant, rinsed and dried after each animal occupant. (2) Clippers, combs, brushes and any other equipment shall be disinfected after each animal grooming. (3) Clean, separate drying towels shall be used for each individual animal groomed. (4) Grooming bathtubs shall be cleaned with soap and disinfectant and rinsed after each animal grooming. Grooming bathtubs shall be maintained free of mold and mildew. (5) Clippers, dryers, combs, brushes and any other grooming equipment shall be maintained in good repair so that they are appropriate for the intended safe use per the manufacturer's or supplier's instructions. (6) No animal having a known or suspected communicable or infectious disease shall be accepted for grooming care by a grooming business. (g) Any person who violates any provision of this section shall be punished as indicated in Section 8CC-10 of the Miami-Dade County Code. (Ord. No. 01-74, § 3, 4-10-01)
(a) For purposes of this section, the following definitions shall apply: (1) "Animal" shall mean dogs and cats. (2) "Compensation" shall mean something given or received as payment or reparation for a service or product.
(4) "Ventilation" for animals shall mean the animal will be ventilated with fresh air either by means of windows, doors, vents, fans or air conditioning. (5) "Primary enclosure" shall mean a structure in which an animal is housed and maintained. (6) "Trainer" shall mean a person, firm association, business joint venture, or partnership that provides services in coaching animals to perform for shows, obedience and other related duties. (b) No commercial training shall be conducted in Miami-Dade County without first obtaining a license from (1) Application for a license shall be on a form prescribed by the (2) The trainer's license shall be valid for a period of twelve (12) months from the date of issuance. Failure to timely renew a trainer's license shall not alter or waive the requirement of renewal on the anniversary date of original issuance. (3) The trainer's license fee shall be fixed by administrative order of the County Manager approved by the Board of County Commissioners. (4) No license is transferable, nor shall such license be used by anyone except that person to whom the license was issued. (5) Premises on which animals are kept for training shall be subject to inspection by the (6) Repeated violations of Section 5-2.8 by which the violator has been found guilty or did not appeal shall be grounds for suspension, revocation or denial of renewal of a trainer's license by the The suspension, revocation, or denial of renewal may be appealed by providing a written request for a hearing within seven (7) calendar days of receipt of notification of suspension, revocation or denial of renewal to the address listed in the suspension, revocation or denial of renewal letter. An administrative hearing will be conducted in accordance with provision listed in Section 5-2.8(g). Training after suspension, revocation or denial of a license is a violation of this section. (7) Operating as a trainer without first obtaining a license shall subject the violator to a civil penalty as defined in Section 8CC-10 of the Code of Miami-Dade County. (c) Primary enclosures for trainers. (1) All primary enclosures for animals within an indoor or outdoor housing facility shall conform to the following minimum requirements, except where indicated otherwise in writing by a licensed veterinarian for medical reasons. (i) All animals shall be contained in a primary enclosure and shall not be permitted to be at large in the facility. The primary enclosure shall be appropriate to its species, breed and size so as to provide sufficient space for the animal contained to make normal postural adjustments and have full freedom of movements. (ii) Primary enclosures shall be structurally sound and constructed so as to permit the animal contained therein to remain dry. Primary enclosures shall be maintained in a clean, dry, and disinfected sanitary manner. (iii) Primary enclosures shall be maintained so that the animals contained inside have access to water free of contamination. (iv) Floors of primary enclosures that are not a solid surface shall be of an open weave construction, where the openings are smaller than the size of the flattened foot of the animal contained inside. The solid surface of the mesh which the floor is made shall be not less than one-quarter ( 1/4) of an inch in diameter. Where the floor of the primary enclosure is a solid surface, it shall be made of non-porous material. Newspaper or a receptacle containing litter shall be provided to contain excreta. (v) Primary enclosures must have no sharp points or edges that could injure dogs or cats and must be maintained in good repair. (2) In order to house five (5) or more animals for more than twelve (12) hours, a kennel permit must be obtained from the (d) Ventilation for trainers. (1) Air, preferably fresh air, must be provided through windows, doors, vents, fans or air-conditioning. (2) Indoor facilities for dogs and cats must be sufficiently ventilated at all times when dogs and cats are present to provide for their health, comfort and well-being, and to minimize odors, drafts, ammonia levels and moisture condensation. (i) When dogs and cats are housed in their primary enclosures, the ambient temperature in the facility must not fall below fifty (50) degrees Fahrenheit and must not rise above eighty-five (85) degrees Fahrenheit. (e) Record keeping for trainers. (1) All trainers shall maintain a record of all animals currently on premises being trained. (2) A medical emergency release form must be obtained from the owner of each animal so that emergency treatment can be given if an animal shows signs of illness or is injured while in the care and custody of the trainer. (3) The information on this medical release form shall include the owner's name, address, emergency telephone number, owner's veterinarian and veterinarian's telephone number. This information shall be provided to the inspecting officer upon request. (f) Animal apparatuses must have no sharp points or other devices that could injure an animal. (g) Any person who violates any provision of this section shall be punished as indicated in Section 8CC-10 of the Miami-Dade County Code. (Ord. No. 01-74, § 4, 4-10-01)
(a) It shall be unlawful for any person to take any peafowl. (b) As used in this Section, "take" means taking, attempting to take, hunting, molesting, capturing, or killing any peafowl, their nests or eggs, by any means, whether or not such actions result in obtaining possession of peafowl or their nests or eggs. (c) Penalties. Any person violating this Section shall be punished by a fine not to exceed five hundred dollars ($500.00), or imprisonment for up to thirty (30) days, or by both such fine and imprisonment, for each separate violation of this Section. (d) Exceptions. (1) The prohibitions of this section shall not apply on property zoned for agricultural use and used for a bona fide agricultural purpose. (2) Nothing in this section shall prevent a property owner from removing peafowl from his or her own property in a manner that does not physically injure the peafowl. (Ord. No. 01-132, § 1, 9-13-01) Editor's note: Ord. No. 01-132, § 1, adopted Sept. 13, 2001, amended chapter 5 by creating a new section 5-2.6. In order to avoid the duplication of sections, the provisions of said ordinance have been included herein as section 5-2.9 at the discretion of the editor.
*Editor's note: Ord. No. 72-93, § 1, adopted Dec. 5, 1972, amended Art. II to read as set out in §§ 5-3--5-17. Prior to amendment by said Ord. No. 72-93, Art. II, §§ 5-3--5-16, was derived from Ord. No. 58-28, §§ 2--13, adopted July 8, 1958; Ord. No. 63-7, § 1, adopted March 5, 1963; Ord. No. 63-46, § 1, adopted Nov. 5, 1963 and Ord. No. 65-16, §§ 1, 2, adopted March 16, 1965.
As used in this article, unless the context otherwise indicates: (1) Responsible party shall be defined to include any person, persons, firms, corporations or associations owning, harboring, keeping or con |