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ORDINANCE PERTAINING TO ANIMALS; CREATING SECTION 5-21 AND AMENDING SECTION 8CC-10 OF THE CODE OF MIAMI-DADE COUNTY (THE "CODE"); REGULATING THE TETHERING OF DOGS; PROVIDING AUTHORITY FOR ENFORCEMENT BY CIVIL PENALTY; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

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BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 5-21 of the Code of Miami-Dade County is hereby created as follows:1
Sec. 5-21. Tethering of dogs.

(a) As used in this section, tether means to restrain a dog by tying the dog to any object or structure, including without limitation a house, tree, fence, post, garage, or shed, by any means, including without limitation a chain, rope, cord, leash, or running line. Tethering shall not include using a leash to walk a dog.
(b) It shall be unlawful for a responsible party to tether a dog while outdoors, except when all of the following conditions are met:
(1) The dog is in visual range of the responsible party, and the responsible party is located outside with the dog.
(2) The tether is connected to the dog by a buckle-type collar or a body harness made of nylon or leather, not less than one inch in width.
(3) The tether has the following properties: it is at least five times the length of the dog's body, as measured from the tip of the nose to the base of the tail; it terminates at both ends with a swivel; it does not weigh more than 1/8 of the dog's weight; and it is free of tangles.
(4) The dog is tethered in such a manner as to prevent injury, strangulation, or entanglement.
(5) The dog is not outside during a period of extreme weather, including without limitation extreme heat or near-freezing temperatures, thunderstorms, tornadoes, tropical storms, or hurricanes.
(6) The dog has access to water, shelter, and dry ground.
(7) The dog is at least six months of age. Puppies shall not be tethered.
(8) The dog is not sick or injured.
(9) Pulley, running line, or trolley systems are at least 15 feet in length and are less than 7 feet above the ground.
(10) If there are multiple dogs, each dog is tethered separately.
(c) Nothing in this section shall be construed to excuse a violation of § 5-20 of this chapter.
(d) This section shall not apply to the transportation of dogs, and in the event of a conflict with § 5-15 of this chapter, § 5-15 shall govern.
(e) For a first-time violation, the Department shall issue a warning notice to the responsible party and shall wait at least thirty (30) days before taking any further enforcement action against the responsible party. Thereafter, each violation of this section shall be subject to enforcement in accordance with § 5-2 of this chapter. For all civil penalties for violations of this section collected pursuant to Chapter 8CC, 75% of the amount collected shall be paid to the Animal Services Trust Fund, created by Miami-Dade County Resolution No. R-1385-06, as may be amended from time to time.

Section 2. Section 8CC-10 of the Code of Miami-Dade County, Florida is hereby amended to read as follows:
Sec. 8CC-10. Schedule of civil penalties.

The following table shows the sections of this Code, as they may be amended from time to time, which may be enforced pursuant to the provisions of this chapter; and the dollar amount of civil penalty for the violation of these sections as they may be amended.

The "descriptions of violations" below are for informational purposes only and are not meant to limit or define the nature of the violations or the subject matter of the listed Code sections, except to the extent that different types of violations of the same Code section may carry different civil penalties. For each Code section listed in the schedule of civil penalties, the entirety of that section may be enforced by the mechanism provided in this Chapter 8CC, regardless of whether all activities proscribed or required within that particular section are described in the "Description of Violation" column. To determine the exact nature of any activity proscribed or required by this Code, the relevant Code section must be examined.

Code Section
Description of Violation
Civil Penalty
>>5-21
Unlawful tethering of dog - First Offense
Warning

Unlawful tethering of dog - Second Offense
$100.00

Unlawful tethering of dog - Each Subsequent Offense
$500.00<<

Section 3. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.

Section 4. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.

Section 5. This ordinance shall become effective one hundred and eighty (180) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.