HomeMy WebLinkAboutOrdinance 2026-4821ORDINANCE NO 2026-4821
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 10 OF THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, ENTITLED "ANIMALS," BY AMENDING
SECTION 10-2 THEREOF, ENTITLED "FINES FOR VIOLATIONS OF ANIMAL
CONTROL ORDINANCES; UNPAID FINES TO CONSTITUTE LIEN AND BASIS
FOR REVOCATION OF CITY PARKING PERMITS/DECALS," BY AMENDING
AND IDENTIFYING THOSE SECTIONS OF THE CITY CODE TO WHICH THE
GENERAL PENALTY PROVISIONS SET FORTH IN SECTION 10-2 DO NOT
APPLY; AND BY AMENDING SECTION 10-11 THEREOF, ENTITLED "RUNNING
AT LARGE PROHIBITED; EXCEPTIONS," BY PROVIDING ENHANCED CIVIL
PENALTIES FOR ANIMALS RUNNING AT LARGE; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, Chapter 10 of the Code of the City of Miami Beach ("City Code") regulates
animals within the City in order to protect the public health, safety, and welfare; and
WHEREAS, Section 10-11 of the City Code currently prohibits animals from running at large
within the City, subject to limited exceptions; and
WHEREAS, unless excepted, Section 10-2 of the City Code establishes general penalties
applicable to violations of the various Sections within Chapter 10; and
WHEREAS, the Mayor and City Commission find that animals running at large pose
significant risks to public safety, including traffic hazards, injuries to pedestrians and other animals,
and interference with the peaceful enjoyment of public spaces; and
WHEREAS, the Mayor and City Commission desire to enhance the penalties specifically
applicable to violations of Section 10-11, and to clarify that the general penalty provisions set forth
in Section 10-2 do not apply to violations of Section 10-11.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 10-2 of Chapter 10 of the Miami Beach City Code is hereby amended
as follows:
CHAPTER 10
ANIMALS
Sec. 10-2. - Fines for violations of animal control ordinances; unpaid fines to constitute lien
and basis for revocation of city parking permits/decals.
(a) All violations of this chapter are civil infractions, except as otherwise provided in section 10-
5. Each violation of this chapter shall constitute a separate offense. Violations of this chapter,
except as otherwise provided in sections 10-9, 10-11, 10-15, 10-17, 10-18, and 10-19, and
10-20 will be punished as follows:
(1) For a first offense, a $50.00 fine.
(2) For a second offense within the preceding 12 months, a $100.00 fine.
(3) For each additional offense within the preceding 12 months, a $200.00 fine.
For purposes of this section, an offense shall be deemed to have occurred on the date that
the violation occurred. An offense occurring 12 months after the last offense shall be treated as a
first offense for purposes of incurring new fines. However, any fines imposed in any prior 12-month
period shall not be waived.
(b) The failure of any person to pay the appropriate fine within the time allowed or to appeal the
violation shall constitute a waiver of the right to an administrative hearing before the special
magistrate and fines may be accessed accordingly.
(c) A certified copy of an order imposing a fine may be recorded in the public records and
thereafter shall constitute a lien upon any real or personal property owned by the violator and
it may be enforced in the same manner as a court judgment by the sheriffs of this state,
including levy against the violator's personal property, but shall not be deemed to be a court
judgment except for enforcement purposes. After two months from the recording of any such
lien that which remains unpaid, the city may foreclose or otherwise execute upon the lien. In
addition, any order of the special magistrate imposing a fine for a violation of section 10-11
that remains unpaid two months after the date of the order shall be grounds for the revocation
of any and all residential parking permits or decals issued to the violator by the city.
SECTION 2. That Section 10-11 of Chapter 10 of the Miami Beach City Code is hereby amended
as follows:
CHAPTER 10
ANIMALS
Sec. 10-11. - Running at large prohibited; exceptions.
(a) It shall be prohibited for the owner or person in control of any animal to permit the animal to
run at large. All animals, when not on the premises of their owner or of the person in control,
must be on a leash or contained in a carrier device and under the control of a competent
person, except that a dog may be unrestrained and shall not be deemed to be at large if it is
supervised by a competent person and is in:
(1) South Pointe Park, in the designated area south and west of the Washington Avenue
entry plaza, from sunrise to 10:00 a.m. daily, or from 6:00 p.m. to 9:00 p.m. on Monday
through Friday, or during such other days and hours, or in such other park or beach
areas therein, as may be specifically designated by the city manager; or
North Shore Open Space Park, in the designated beach area between 80th and 82nd
Streets, from 3:00 p.m. to 7:00 p.m. on Friday, Saturday, and Sunday, or during such
other days and hours, or in such other park areas, or beaches therein, as may be
specifically designated by the city manager; or
(3) An area of a public park, or beach area therein, specifically designated by the city
manager, and during such days and hours as may be specifically designated by the city
manager.
K
This section shall be enforced by the Miami Beach Police Department. the Miami Beach
Park Rangers, and the Code Compliance Department. This shall not preclude other law
enforcement agencies or regulatory bodies from taking action to assure compliance with
this section. and all applicable laws. Any person who violates this section may be issued a
notice of violation sboU=be subjecting such person to the following fines:
(1) For a first violation, a $250 fine;
For a second violation within the preceding 12 months, a $500 fine; and
For a third or subsequent violation within the preceding 12 months, a $1,000 fine.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
SECTION 5. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the Code
of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re -
lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect the
ATTEST:
MAY 2 6 2026
Rafael ff. Granado, City Clerk
Underline denotes additions.
day of JR, 1202 — /I t L-- - — —f6�0 �
6.
S even Meiner, Mayor
NCORPQORAT
Stri denotes deletions.
Doubles Underline denotes additions after first reading.
denotes deletions after first reading.
(Sponsored by Commissioner Tanya K. Bhatt)
APPROVED AS TO
FORM & LANGUAGE
FOR EXECUTION
City Attorney^ �f Date
9
Ordinances - R5 H
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: May 20, 2026 9:40 a.m. Second Reading Public Hearing
TITLE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 10 OF THE CODE OF THE CITY
OF MIAMI BEACH, FLORIDA, ENTITLED "ANIMALS," BY AMENDING SECTION
10-2 THEREOF, ENTITLED "FINES FOR VIOLATIONS OF ANIMAL CONTROL
ORDINANCES; UNPAID FINES TO CONSTITUTE LIEN AND BASIS FOR
REVOCATION OF CITY PARKING PERMITS/DECALS," BY AMENDING AND
IDENTIFYING THOSE SECTIONS OF THE CITY CODE TO WHICH THE GENERAL
PENALTY PROVISIONS SET FORTH IN SECTION 10-2 DO NOT APPLY; AND BY
AMENDING SECTION 10-11 THEREOF, ENTITLED "RUNNING AT LARGE
PROHIBITED; EXCEPTIONS," BY PROVIDING ENHANCED CIVIL PENALTIES
FOR ANIMALS RUNNING AT LARGE: AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The proposed Ordinance, sponsored by Commissioner Tanya K. Bhatt, has been submitted for
consideration by the Mayor and City Commission.
Chapter 10 of the Code of the City of Miami Beach ("City Code") regulates animals within the City
in order to protect the public health, safety, and welfare. In particular, Section 10-11 of the City
Code prohibits animals from running at large within the City, subject to limited exceptions and
areas designated by the City Manager.
Moreover. Section 10-2 of the City Code establishes general penalties applicable to violations of
most of the sections within Chapter 10. However, in adopting the proposed Ordinance, the Mayor
and City Commission would find that animals running at large pose significant risks to public
safety, including traffic hazards, injuries to persons and other animals, and interference with the
peaceful enjoyment of public spaces.
Therefore, in adopted the proposed Ordinance, the Mayor and City Commission would express
their desire to enhance the penalties specifically applicable to violations of section 10-11, and to
clarify that the general penalty provisions set forth in section 10-2 do not apply to violations of
section 10-11.
FISCAL IMPACT STATEMENT
543 of 1709
None.
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on: 4/8/2026
See BIE at: https://www miamibeachfi.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
Is this a "Residents Right to Know" item,
pursuant to City Code Section 2-17?
No
Is this item related to a G.O. Bond
Project?
No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
City Attorney
Sponsor{s)
Commissioner Tanya K. Bhatt
Co-sponsor(s)
Condensed Title
NR- 9:40 a.m. 2nd Rdg, Enhance Civil Penalties for Animals Off Leash. (Bhatt) CA
Previous Action (For City Clerk Use Only)
Not reached on 4/22/2026 - R5 U: First Reading Public Hearing on 3/18/2026 - R5 W
544 of 1709