97-01 ORDINANCE NO. 97-01
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, ESTABLISHING REGULATIONS GOVERNING
THE REMOVAL OF CANINE FECAL MATTER FROM
PUBLIC AND CERTAIN PRIVATE PROPERTY,
REQUIRING CANINES TO BE LEASHED ON PUBLIC
AND CERTAIN PRIVATE PROPERTY, PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Aventura finds there is a need to
require the removal of canine fecal matter within the City as such has become a
nuisance, and creates a potential health hazard; and
WHEREAS, the City Manager has investigated ways to control and remove such
a nuisance from the public and private property of the City and has proposed the
enactment of a "pooper scooper" law in the City; and
WHEREAS, the City Council accepts this recommendation and finds that such
regulation of canines will serve to promote the health, safety and welfare of the citizens
of Aventura.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Canine fecal matter on public and private property - removal
required.
A) It shall be unlawful for any owner or person in control or having custody of
any canine to fail to remove the fecal matter of such animal from:
1) the street, sidewalk, swale, bike path, park area or any other public
property; or
Ordinance No. 97-01
Page 2
2) any private property not belonging to the owner or person having
custody of the canine.
B) For the purpose of this section, all fecal matter shall be immediately removed
by placing such matter in a bag, wrapper, closed or sealed container and
thereafter disposing of it in a trash receptacle, sanitary disposal unit or other
closed or sealed container.
C) Any person owning or leasing any private property in the City is responsible
for maintaining such property in an odor-free and sanitary condition in
accordance with this section.
D) It shall be unlawful to take an unleashed canine into, or to keep any
unleashed canine in or upon any public property in the City. All canines,
when not on the premises of the Owner, or the person in control thereof, must
be on a leash under control of a competent person.
E) Except as otherwise provided, a violation of this section shall be subject to
the issuance of a citation, and shall be subject to:
1 ) a fine not exceeding twenty-five dollars ($25.00) for a first violation;
2) a fine not exceeding fifty dollars ($50.00) for a second violation within
one year of the first violation; and
3) a fine not exceeding one hundred dollars ($100.00) for each additional
violation within one year of the second or subsequent violation.
F) This section shall not apply to blind persons accompanied by a guide dog
used for their assistance.
Ordinance No. 97-01
Page 3
Section 2. It is the intention of the City Council and it is hereby ordained that the
provisions of this section shall be made a part of the Code of Ordinances of the City of
Aventura, Florida.
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. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Councilmember Beskin, who moved its
adoption on first reading. This motion was seconded by Councilmember Rogers-Libert,
and upon being put to a vote, the vote was as follows:
Councilmember Jay R. Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey M. Perlow yes
Councilmember Patricia Rogers-Libert yes
Vice Mayor Arthur Berger yes
Mayor Arthur I. Snyder absent
The foregoing Ordinance was offered by Councilmember Beskin, who moved its
adoption on second reading. This motion was seconded by Councilmember Rogers-
Libert, and upon being put to a vote, the vote was as follows:
Ordinance No. 97-01
Page 4
Councilmember Jay R. Beskin ~,es
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey M. Perlow yes
Councilmember Patricia Rogers-Libert yes
Vice Mayor Arthur Berger yes
Mayor Arthur I. Snyder yes
PASSED AND ADOPTED on the first reading this 17t~day Of December
1996.
PASSED AND ADOPTED on second reading this 7th day of January ,
1997.
/~;~¢~0~, i. SN~DER~, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY