O-557-93 ORDINANCE NO. 557-93
AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF
ORDINANCES, MIAMI SHORES VILLAGE, FLORIDA; ESTABLISHING
VIOLATIONS OF CHAPTER 5 AS CIVIL INFRACTIONS; ADOPTING,
BY REFERENCE, PROVISIONS OF CHAPTER 5 OF THE DADE COUNTY
CODE; PROVIDING EFFECTIVE DATE.
BE IT ORDAINED BY MIAMI SHORES VILLAGE:
SECTION 1. Chapter 5 of the Code of Ordinances, Miami Shores
Village, Florida, shall stand amended to include therein Article 3
which shall read as follows:
ARTICLE III
Sec. 5-29 . County Animal Control Ordinance.
To the extent that such provisions are subject to enforcement
under F.S. 828 .27, the provisions of chapter 5 entitled "Animal and
Fowl" of the Dade County Code are hereby adopted by reference, so
long as such adoption by incorporation in this article does not
conflict with state law.
Sec. 5-30. Violation deemed civil infraction.
In lieu of any penalty providing for imprisonment or fine for
violation of any section being a part of this chapter, it is hereby
specifically provided as follows:
( 1) A violation of such ordinance or law shall constitute a
civil infraction under this article;
(2) The maximum civil penalty for each such violation shall
not exceed five hundred dollars ($500. 00) ;
(3) A civil penalty of not in excess of fifty dollars
($50.00) shall be imposed if the person who has committed
the civil infraction does not contest the citation;
(4) A police officer or animal control officer shall only
issue a citation for a violation of such ordinance upon
probable cause to believe that a person has committed an
act in violation of such ordinance;
(5) A citation issued under this article shall be subject to
contest in the county court in accordance with law;
(6) Except as otherwise provided in this article, the other
procedures and provisions necessary to implement this
article shall be those which are applicable to a
noncriminal infraction cited to the county court under
F.S. 828.27, and such procedure and provisions are hereby
incorporated by reference. The village attorney shall
prepare the form of citation to be used in accordance
with the above.
Sec. 5-31 . Other Enforcement.
Nothing in this article shall preclude enforcement by
suit for declaratory, injunctive or other appropriate relief.
SECTION 2 . This ordinance shall take effect upon adoption hereof.
APPROVED on first reading on the 6th day of
Apri 1 , 1993.
PASSED AND ADOPTED on final reading on the 20th day of
Apri 1 1993.
�TEVEN J001PIKON, Mayor
ATTEST:
By:
Scott W. Davis
Village Clerk
APPROVED AS TO FORM:
BY:
William F. Fdnn,/'Ji.
Village Attorney