Approve peafowl mitigation policy for county board consideration

RESOLUTION NO. 2023- A RESOLUTION OF THE VILLAGE OF PINECREST, FLORIDA, APPROVING A PEAFOWL MITIGATION POLICY AND DIRECTING VILLAGE STAFF TO TRANSMIT SAID POLICY TO THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS FOR APPROVAL PURSUANT TO THE MIAMI-DADE COUNTY CODE, CHAPTER 5 “ANIMALS AND FOWL”, SECTION 5-16 “TAKING OF PEAFOWL PROHIBITED”; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 5 “Animals and Fowl”, Section 5-16 “Taking of peafowl prohibited; municipal opt-out” makes it unlawful for any person to take, attempt to take, hunt, molest, capture, or kill any peafowl, their nests or eggs, by any means; but allows a municipality to opt out of the prohibition by adopting a peafowl mitigation plan that provides for humane removal of peafowl, if approved by the Board of County Commissioners; and WHEREAS, peafowl are a non-native and invasive species and compete with indigenous bird species throughout South Florida; and WHEREAS, peafowl can cause property damage, transmit parasites, create substantial noise pollution, and block traffic in the Village; and WHEREAS, the Village Council finds that the proliferation of peafowl within the Village is harmful to the public welfare; and WHEREAS, the Village Council approves the attached Peafowl Mitigation Policy, which shall be made a part of this Resolution, in furtherance of the health, safety and welfare of the community, and for the purpose of opting-out of the prohibitions contained in Section 5-16 of the Miami-Dade County Code;

NOW, THEREFORE,

BE IT RESOLVED BY THE VILLAGE COUNCIL OF PINECREST, FLORIDA AS FOLLOWS: Section 1. That the Village Council hereby adopts the attached Peafowl Mitigation Policy and directs the Village Manager to transmit said policy to the Miami- Dade County Board of County Commissioners for approval. Section 2. That the Village Council hereby directs the Village Manager to budget ___________ from the General Fund on an annual basis for the implementation of the peafowl mitigation policy. -2- Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 13th day of June, 2023. Joseph M. Corradino, Mayor Attest: Priscilla Torres, CMC Village Clerk Approved as to Form and Legal Sufficiency Mitchell Bierman Village Attorney Motion by: Second by: Vote: Pinecrest Peafowl Mitigation Policy This Policy is established pursuant to Resolution 2023-__ and formalizes the Village’s approach to addressing the proliferation of peafowl in the Village of Pinecrest. The Village of Pinecrest would like to implement a new program to manage the peacock population, addressing concerns from residents who find the birds to be a nuisance, while being sensitive to those who appreciate their presence in the community. This innovative initiative is a collaboration with a veterinarian specializing in avian and exotic species. The specialized veterinarian will conduct low-risk vasectomy procedure for peacocks and salpingectomies (removal of fallopian tube) for juvenile peahens. Both the vasectomy procedure and the salpingectomy procedure are clean, brief, and minimally invasive. In the case of the male peacocks, the vasectomy allows the peacocks to retain their vibrant appearance, which is appealing to many residents, while preventing them from reproducing. The Village of Pinecrest will carry out the safe and humane retrieval and transporting of peafowl with care. Birds will be temporarily held in a secure and comfortable environment before being safely returned to Pinecrest within 3 to 4 days. The success of this pilot program will be measured by the number of vasectomized peacocks and salpingectomized peahens marked with leg bands. The Village of Pinecrest aims to create a harmonious balance between the peafowl population and the community through this program, addressing concerns from all residents and promoting coexistence. Private Property Residents will be encouraged to help identify and report unmarked male peacocks and juvenile peahens to the Village of Pinecrest by filling out an online form that also provides authorization for access to the private property. The Village will humanely retrieve eligible peafowl, perform surgical vasectomies on adult peacocks and salpingectomies on juvenile peahens, and safely return the peafowl to their original location in the Village. Peafowl, their nests, and eggs may not be harmed or killed in the process of performing the mitigation program. The Village does not have an animal control department and will only address any nuisance animal complaints related to privately owned property in those cases where a private property owner is feeding the birds thereby causing a public nuisance, in violation of existing Pinecrest Code. Public Rights-of-Way and Village Owned Property The Village will provide funds in the budget for the safe and humane retrieval of eligible peafowl, performance of the afore described surgical treatments to control population, and their return to the Village.