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HomeMy WebLinkAboutO-2000-001 Adding article 4 wildlife protection to chapter 29 ORDINANCE NO. 2000-001 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ADDING ARTICLE 4, "WILDLIFE PROTECTION", TO CHAPTER 29, ENTITLED "LAND DEVELOPMENT", OF THE CITY OF DANIA BEACH CODE OF ORDINANCES, TO PROVIDE FOR THE PROTECTION OF WILDLIFE; PROVIDING FOR CONFLICTS; PROVIDING A SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA THAT: Section 1. That Article 4, "Wildlife Protection" is added to Chapter 29, entitled "Land Development", to provide for the protection of wildlife, which section is created to read as follows: ® ARTICLE 4. WILDLIFE PROTECTION 1. The developer of any proposed development of any existing natural land area in excess of one-half (1/2) acre in the city must provide for the safe capture and relocation of any established animal populations and ensure that no negative impacts upon surrounding properties and residents will arise in connection with such capture and relocation. The developer, at the developer's sole expense, shall: (a) Provide the city a written report of a qualified, independent, private consultant, approved by the city, which evaluates the land area's existing conditions, wildlife population (by numbers and types) and proposes a specific action plan for the safe capture and relocation of the identified animal populations. A detailed budget and cost estimate for the action plan must be provided in the consultant's report; and (b) Upon submission of the report to the city and review by the developer, deposit the total dollar amount identified in the consultant's report in a city fund to be held and utilized by the city to implement the animal capture and relocation plan. 2. The city shall utilize the deposited money to retain the services of a qualified animal capture/relocation person or entity who or which will implement the plan described above. 3. All steps necessary will be taken by the developer and the relocation person or entity to ensure that all identified animals are safely captured and relocated, which steps shall ensure that no detrimental impact arises which affects surrounding properties and residents. 4. Any additional costs which arise during implementation of the animal capture and relocation plan which were not identified or foreseen in the original consultant's report shall be identified and fully paid by the developer. Section 2. If any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 4. This ordinance shall take effect immediately at the time of its passage and adoption. ® PASSED and ADOPTED on first reading on January 11, 2000. PASSED and ADOPTED on second reading on January 25, 2000. PPRO O ERTINO YOR-COMMISSIONER ATTEST: ROLL CALL: MAYOR BERTINO -YES '�46�W� VICE-MAYOR MCELYEA-YES `SHERYL C APMAN COMMISSIONER ETLING -YES ACTING CITY CLERK COMMISSIONER CALI -YES COMMISSIONER MIKES-YES APPROVED AS TO FORM ND CORRECTNESS: BY: TH M sl J. A SBRO CITY TTORNEY GAWPFILES\CLIENTS\DANIA\ORDS MISC\WILDLIFE ORD-MSW.doc 40 01/07/00...2 N — S E N 'T I N E L NOTICE OF PUBLISHED DAILY BEFORE HEARING CITY 1 FORT LAUDERDALEP FROWARD COUNiTY, FLORIDA COMYOFO DANIA BEACH, NG BOCA RATONo PALM BEACH COUNTY, ;LURIDA FLORIDA,ADOPTION E ADOPTION OF THE FOL- N$11 MTo DADE COUNTY, FLOtRIDA LOWING PROPOSED ORDINANCE: NOTICE IS HEREBY GIV- EN that the City Commis- STATE OF FLORIDA sion of the City of Dania Beach, Florida, on January /11EFOR ROWA D/ N BEACH/DARE 25,2000,at7:30p.m.oras i ' GN9ED AUTHORITY PERSONALLY APPEARED �eromaybeheard win con- duct a public hearing in the City Commission room of the Dania Beach City Hall, � WHO CN OATH SAYS _S A T 100 West Dania Beach Bou- Florida A DULY AUTHORII�ED REPRESENTATIVE OF THE tovaconideathe proposed tD DEPARTMENT OF THE SUN�—SEN�TINELr DAILY adoption of the following Ordinance entitled: PUBLISHED IN 3ROWARD/PALM BEACHIIDADE COLNTYP AN ORDINANCE OF THE i CITY COMMISSION OF THE HAT THE ATTACHED COPY OF ADVERTISEMENT,- E.E.ING A. CITY OF DANIA BEACH, FLORIDA, ADDING ARTI- CLE 4, "WILDLIFE PRO- TECTION", TO CHAPTER N OTI C= 29, ENTITLED "LAND DE- VELOPMENT", OF THE CITY OF DANIA BEACH CODE OF ORDINANCES, yN THE MATTER OF TO PROVIDE FOR THE PROTECTION OF WILD- LIFE; PROVIDING FOR CONFLICTS; A J AI'UAR Y 25/ 2000 SEVERANCER NG CLAUSE; FURTHER,FURTHER, PROVIDING FOR AN EFFECTIVE DATE. IN THE CIRCUIT COURTS WAS PUBLISHED IN SAID NEWSPAPER I IN A copy of this proposed Ordinance is on file in the THE ISSUES OF ,office of the Acting City ,Clerk, City Hall, 100 West C > 01 /1 3> 1 X 1A C12C19 5 C3 Dania Beach Boulevard, Dania Beach, Florida, and may be inspected by the AFFIANIT FURTHER SAYS THAT THE SAID SUN—SENTINEL IS A inl ic ghoursringnormalwork- NEWSPAPER PUBLISHED IN SAID URO ARDIPAL EEACHIDACE Interested parties may appear at the aforesaid COU Ys FLORIDA, AND THAT THE SAID NEWSPAPER HAS HERETOFORE meeting and be heard with respect to the proposed. BE CONTINUOUSLY PUBLI.St�ED IN SAID BROWARD/PALM EEACH/ FADE Any person who decides to appeal any decision made COUNTY., fLORIDA, EACH DAY#, AND HAS BEEN ENTERED AS SECOND by the City Commission with respect to any matter con- CLASS MATTER -AT THE POST OFFICE IN FORT LAUDERDALE.- IN SAID sidered at this hearing will need a record of the pro- BROWARD COUNTYP FLORILDAr FOR A PERIOD OF ONE YEAR NEXT ceedings and for such pur- P4RECEDING THE FIRST PUBLICATION OF THE ATTACHED CCPY OF mat a verbatim to ensure ADVERTISEMENT; AND AFFIANT FURTHER SAYS THAT HE/SHE HATS the Proceedings is made, which record includes the NEITHER PAID NOR PROMISED ANY PERSONo FI M OR CORFORATICN testimony and evidence upon which the appeal is to ANY DISCOUNTP RESATEo COMMISSIONCR REFUND FOR THE PURPC'SE be accordance wiih the OF SECURING THIS ADVERTISEMENT"S ENT FOR PUBLICATION IN, SAID American with Disabilities Act, persons needing assis- N E S P A P E R a tance to participate in any of the proceedings should contact Sheryl Chapman, Acting City Clerk, 100 West Dania Beach Boulevard, Dania, Florida 33004, 954) o a a s G ass s s a o a a a a ■ w o a s s a s e s o »a a a s 921-8700 ext. 203 at least w 72 hours prior to the C S G ;�T'J R E O F A F F I A NT} meeting. /s/ Charlene Johnson Deputy City Clerk Sto RN TO AND SUBSCRIBEO BEFORE ME January 73, 2000 THUS 13 DAY OF JANIUARY A.D. 2000 as suss aria• �'o lS.yGNATJHY„OF,, N }TARaIPf #�ILIC} •- MY COMMISSION#CC638935 EXPIRES e July 20,2001 �`,a ;°•` BONDED THRU TROY FAIN INSURANCE,INC. a a a s a a a a a a s a o o s a o s s a a a a o a■ o o a s a a a s s s o a w a a (NA1611F O9Fy y NOTARY ,aTYPED., PRRINTED OR STAMPED) PRODUCED KNOWN aa7sa/a�,a}L/....... .... . .. .. 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