City
of Hialeah, Florida, Resolution No. 87-66, adopted June 9, 1987, provides:
WHEREAS, residents and citizens of the City of Hialeah
have expressed their concern that certain religions may propose to engage
in practices which are inconsistent with public morals, peace or safety,
and
WHEREAS, the Florida Constitution, Article I, Declaration
of Rights, Section 3, Religious Freedom, specifically states that religious
freedom shall not justify practices inconsistent with public morals, peace
or safety.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND
CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA, that:
1. The City reiterates its commitment to a
prohibition against any and all acts of any and all religious groups which
are inconsistent with public morals, peace or safety.
City of Hialeah, Florida, Ordinance No. 87-40,
adopted June 9, 1987, provides:
WHEREAS, the citizens of the City of Hialeah, Florida,
have expressed great concern over the potential for animal sacrifices being
conducted in the City of Hialeah; and
WHEREAS, Section 828.27, Florida Statutes,
provides that 'nothing contained in this section shall prevent any county
or municipality from enacting any ordinance relating to animal control
or cruelty to animals which is identical to the provisions of this Chapter
. . . except as to penalty.'
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR
AND CITY COUNCIL OF THE CITY OFHIALEAH, FLORIDA, that:
Section 1. The Mayor and City Council of
the City of Hialeah, Florida, hereby adopt Florida Statute, Chapter 828
-- 'Cruelty to Animals' (copy attached hereto and made a part hereof),
in its entirety (relating to animal control or cruelty to animals), except
as to penalty.
Section 2. Repeal of Ordinances in Conflict.
All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
Section 3. Penalties.
Any person, firm or corporation convicted of violating
the provisions of this ordinance shall be punished by a fine, not exceeding
$500.00, or by a jail sentence, not exceeding sixty (60) days, or both,
in the discretion of the Court.
Section 4. Inclusion in Code.
The provisions of this Ordinance shall be included
and incorporated in the Code of the City of Hialeah, as an addition or
amendment thereto, and the sections of this Ordinance shall be re numbered
to conform to the uniform numbering system of the Code.
Section 5. Severability Clause.
If any phrase, clause, sentence, paragraph or section
of this Ordinance shall be declared invalid or unconstitutional by the
judge or decree of a court of competent jurisdiction, such invalidity or
unconstitutionality shall not effect any of the remaining phrases, clauses,
sentences, paragraphs or sections of this ordinance.
Section 6. Effective Date.
This Ordinance shall become effective when passed
by the City Council of the City of Hialeah and signed by the Mayor of the
City of Hialeah.
City of Hialeah Resolution 87-90, adopted
August 11, 1987, provides:
WHEREAS, the residents and citizens of the City
of Hialeah, Florida, have expressed great concern regarding the possibility
of public ritualistic animal sacrifices in the City of Hialeah, Florida;
and
WHEREAS, the City of Hialeah, Florida, has
received an opinion from the Attorney General of the State of Florida,
concluding that public ritualistic animal sacrifices is [sic] a violation
of the Florida State Statute on Cruelty to Animals; and
WHEREAS, the Attorney General further held
that the sacrificial killing of animals other than for the primary purpose
of food consumption is prohibited under state law; and
WHEREAS, the City of Hialeah, Florida, has enacted
an ordinance mirroring state law prohibiting cruelty to animals.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND
CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA, that:
Section 1. It is the policy of the Mayor
and City Council of the City of Hialeah, Florida, to oppose the ritual
sacrifices of animals within the City of Hialeah, FLorida [sic]. Any individual
or organization that seeks to practice animal sacrifice in violation of
state and local law will be prosecuted.
City of Hialeah, Florida, Ordinance 87-52,
adopted September 8, 1987, provides:
WHEREAS, the residents and citizens of the City
of Hialeah, Florida, have expressed great concern regarding the possibility
of public ritualistic animal sacrifices within the City of Hialeah, Florida;
and
WHEREAS, the City of Hialeah, Florida, has received
an opinion from the Attorney General of theState of Florida, concluding
that public ritualistic animal sacrifice, other than for the primary purpose
of food consumption, is a violation of state law; and
WHEREAS, the City of Hialeah, Florida, has enacted
an ordinance (Ordinance No. 87-40), mirroring the state law prohibiting
cruelty to animals.
WHEREAS, the City of Hialeah, Florida, now wishes
to specifically prohibit the possession of animals for slaughter or sacrifice
within the City of Hialeah, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND
CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA, that:
Section 1. Chapter 6 of the Code of Ordinances
of the City of Hialeah, Florida, is hereby amended by adding thereto two
(2) new Sections 6-8 'Definitions' and 6-9 'Prohibition Against Possession
Of Animals For Slaughter Or Sacrifice', which is to read as follows:
Section 6-8. Definitions
1. Animal --
any living dumb creature.
2. Sacrifice
-- to unnecessarily kill, torment, torture, or mutilate an animal in a
public or private ritual or ceremony
not for the primary purpose of food consumption.
3. Slaughter
-- the killing of animals for food.
Section 6-9. Prohibition Against Possession
of Animals for Slaughter Or Sacrifice.
1. No person
shall own, keep or otherwise possess, sacrifice, or slaughter any sheep,
goat, pig, cow or the young of such
species, poultry, rabbit, dog, cat, or any other animal, intending to use
such animal for food purposes.
2. This section
is applicable to any group or individual that kills, slaughters or sacrifices
animals for any type of ritual, regardless
of whether or not the flesh or blood of the animal is to be consumed.
3. Nothing in
this ordinance is to be interpreted as prohibiting any licensed establishment
from slaughtering for food purposes
any animals which are specifically raised for food purposes where such
activity is properly zoned and/or permitted
under state and local law and under rules promulgated by the Florida Department
of Agriculture.
Section 2. Repeal of Ordinance in Conflict.
All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
Section 3. Penalties.
Any person, firm or corporation convicted of violating
the provisions of this ordinance shall be punished by a fine, not exceeding
$500.00, or by a jail sentence, not exceeding sixty (60) days, or both,
in the discretion of the Court.
Section 4. Inclusion in Code.
The provisions of this Ordinance shall be included
and incorporated in the Code of the City of Hialeah, as an addition or
amendment thereto, and the sections of this Ordinance shall be re numbered
to conform to the uniform numbering system of the Code.
Section 5. Severability Clause.
If any phrase, clause, sentence, paragraph or section
of this Ordinance shall be declared invalid or unconstitutional by the
judgement or decree of a court of competent jurisdiction, such invalidity
or unconstitutionality shall not effect any of the remaining phrases, clauses,
sentences, paragraphs or sections of this ordinance.
Section 6. Effective Date.
This Ordinance shall become effective when passed
by the City Council of the City of Hialeah and signed by the Mayor of the
City of Hialeah.
City of Hialeah, Florida, Ordinance 87-71,
adopted September 22, 1987, provides:
WHEREAS, the City Council of the City of Hialeah,
Florida, has determined that the sacrificing of animals within the city
limits is contrary to the public health, safety, welfare and morals of
the community; and
WHEREAS, the City Council of the City of Hialeah,
Florida, desires to have qualified societies or corporations organized
under the laws of the State of Florida, to be authorized to investigate
and prosecute any violation(s) of the ordinance herein after set forth,
and for the registration of the agents of said societies.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND
CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA, that:
Section 1. For the purpose of this ordinance,
the word sacrifice shall mean: to unnecessarily kill, torment, torture,
or mutilate an animal in a public or private ritual or ceremony not for
the primary purpose of food consumption.
Section 2. For the purpose of this ordinance,
the word animal shall mean: any living dumb creature.
Section 3. It shall be unlawful for any person,
persons, corporations or associations to sacrifice any animal within the
corporate limits of the City of Hialeah, Florida.
Section 4. All societies or associations
for the prevention of cruelty to animals organized under the laws of the
State of Florida, seeking to register with the City of Hialeah for purposes
of investigating and assisting in the prosecution of violations and provisions
[sic] of this Ordinance, shall apply to the City Council for authorization
to so register and shall be registered with the Office of the Mayor of
the City of Hialeah, Florida, following approval by the City Council at
a public hearing in accordance with rulesand regulations (i.e., criteria)
established by the City Council by resolution, and shall thereafter, be
empowered to assist in the prosection of any violation of this Ordinance.
Section 5. Any society or association for
the prevention of cruelty to animals registered with the Mayor of the City
of Hialeah, Florida, in accordance with the provisions of Section 4 hereinabove,
may appoint agents for the purposes of investigating and assisting in the
prosection of violations and provisions [sic] of this Ordinance, or any
other laws of the City of Hialeah, Florida, for the purpose of protecting
animals and preventing any act prohibited hereunder.
Section 6. Repeal of Ordinances in Conflict.
All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
Section 7. Penalties.
Any person, firm or corporation convicted of violating
the provisions of this ordinance shall be punished by a fine, not exceeding
$500.00, or by a jail sentence, not exceeding sixty (60) days, or both,
in the discretion of the Court.
Section 8. Inclusion in Code.
The provisions of this Ordinance shall be included
and incorporated in the Code of the City of Hialeah, as an addition or
amendment thereto, and the sections of this Ordinance shall be re numbered
to conform to the uniform numbering system of the Code.
Section 9. Severability Clause.
If any phrase, clause, sentence, paragraph or section
of this Ordinance shall be declared invalid or unconstitutional by the
judgment or decree of a court of competent jurisdiction, such invalidity
or unconstitutionality shall not effect any of the remaining phrases, clauses,
sentences, paragraphs or sections ofthis Ordinance.
Section 10. Effective Date.
This Ordinance shall become effective when passed
by the City Council of the City of Hialeah and signed by the Mayor of the
City of Hialeah.
City of Hialeah, Florida, Ordinance No. 87-72,
adopted September 22, 1987, provides:
WHEREAS, the City Council of the City of Hialeah,
Florida, has determined that the slaughtering of animals on the premises
other than those properly zoned as a slaughter house, is contrary to the
public health, safety and welfare of the citizens of Hialeah, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND
CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA, that:
Section 1. For the purpose of this Ordinance,
the word slaughter shall mean: the killing of animals for food.
Section 2. For the purpose of this Ordinance,
the word animal shall mean: any living dumb creature.
Section 3. It shall be unlawful for any person,
persons, corporations or associations to slaughter any animal on any premises
in the City of Hialeah, Florida, except those properly zoned as a slaughter
house, and meeting all the health, safety and sanitation codes prescribed
by the City for the operation of a slaughter house.
Section 4. All societies or associations
for the prevention of cruelty to animals organized under the laws of the
State of Florida, seeking to register with the City of Hialeah for purposes
of investigating and assisting in the prosecution of violations and provisions
[sic] of this Ordinance, shall apply to the City Council for authorization
to so register and shall beregistered with the Office of the Mayor of the
City of Hialeah, Florida, following approval by the City Council at a public
hearing in accordance with rules and regulations (i.e., criteria) established
by the City Council by resolution, and shall thereafter, be empowered to
assist in the prosection of any violations of this Ordinance.
Section 5. Any society or association for
the prevention of cruelty to animals registered with the Mayor of the City
of Hialeah, Florida, in accordance with the provisions of Section 4 hereinabove,
may appoint agents for the purposes of investigating and assisting in the
prosection of violations and provisions [sic] of this Ordinance, or any
other laws of the City of Hialeah, Florida, for the purpose of protecting
animals and preventing any act prohibited hereunder.
Section 6. This Ordinance shall not apply
to any person, groups or organization that slaughters, or processes for
sale, small numbers of hogs and/or cattle per week in accordance with an
exemption provided by state law.
Section 7. Repeal of Ordinances in Conflict.
All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
Section 8. Penalties.
Any person, firm or corporation convicted of violating
the provisions of this ordinance shall be punished by a fine, not exceeding
$500.00, or by a jail sentence, not exceeding sixty (60) days, or both,
in the discretion of the Court.
Section 9. Inclusion in Code.
The provisions of this Ordinance shall be included
and incorporated in the Code of the City of Hialeah, as an addition or
amendment thereto, and the sections of this Ordinance shall be re fnumbered
to conform to the uniform numbering system of the Code.
Section 10. Severability Clause.
If any phrase, clause, sentence, paragraph or section
of this Ordinance shall be declared invalid or unconstitutional by the
judgment or decree of a court of competent jurisdiction, such invalidity
or unconstitutionality shall not effect any of the remaining phrases, clauses,
sentences, paragraphs or sections of this ordinance.
Section 11. Effective Date.
This Ordinance shall become effective when passed
by the City Council of the City of Hialeah and signed by the Mayor of the
City of Hialeah. |