Ordinance 2009-3646ORDINANCE NO. 2009-3646
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
10 OF THE MIAMI BEACH CITY CODE ENTITLED "ANIMALS,"
BY AMENDING SECTION 10-10, ENTITLED "ANIMALS
PROHIBITED IN PUBLIC PARKS AND ON BEACHES" BY
CLARIFYING THAT THE CITY MANAGER MAY DESIGNATE
ENCLOSED DOG PARKS IN PUBLIC PARK AREAS;
AMENDING SECTION 10-11, ENTITLED "RUNNING AT LARGE
PROHIBITED" BY PROVIDING THAT THE CITY COMMISSION
MAY DESIGNATE A SPECIFIC OFF-LEASH AREA FOR DOGS
IN SOUTH POINTE PARK; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, at the January 28, 2009, Commission meeting, the Administration
requested the matter of dogs off-leash in City parks and other public properties in general, be
referred to the Neighborhoods/ Community Affairs Committee for discussion; and
WHEREAS, subsequently, there were on-going discussions at the Neighborhoods,'
Community Affairs Committee meetings concerning this issue; and
WHEREAS, the most recent discussion concerning the establishment of a dog park and
off-leash hours in South Pointe Park was held at the June 3, 2009 Commission meeting and,
following discussion by the Commission, Administration, and interested residents, two motions
were adopted; and
WHEREAS, the motions directed the Administration to make a permanent dog park al
2"" and Washington Avenue, to appropriate the funds for its construction, and to establish
morning off-leash hours before 9'00 A.M. in the triangular area south and west of the
Washington Avenue entry plaza (where the Iceberg artwork was to be sited) in South Pointe
Park; and
WHEREAS, the off-leash hours would be subject to the County's approval (amendment
of the related County ordinance) and based on a six month trial period, with an interim report to
the Commission by the Administration after three months; and
WHEREAS, as instructed, a conference call was held on June 18, 2009, between City
Administration and Legal staff and representatives from Miami-Dade County's Administrative
and Leyal staff to determine the action steps necessary to amend the relevant section(s) of the
County Code to allow the City to permit dogs off-leash in parks; and
WHEREAS, the County Attorney explained that the process would require amendiny
Section 5-20 of the County Code, which amendments could be presented to the County
Commission for a first reading. Thereafter, the proposed amendments would need to go to a
sub-committee for discussion, and then back to the full County Commission for a second final
reading and approval; and
WHEREAS, according to County Staff, the earliest the County Code amendments could
be adopted would be October and more likely November, assuming there were no objections to
the amendments in the process; and
WHEREAS, in anticipation of Miami-Dade County amending Section 5-20 in their County
Code, the City Administration and Legal Department began drafting corresponding amendments
to the City's Code, as set forth herein, clarifying the City Manager's authority to designate
enclosed dog parks in public park areas and enabling the City Commission to designate a
specific area of South Pointe Park as an off-leash area for dogs: subject to the County Code
amendment.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH. FLORIDA. AS FOLLOWS:
SECTION 1.
That Chapter 10, Section 10-10 of the Miami Beach City Code is hereby amended as follows
Sec. 10-10. Animals prohibited in public parks and on beaches.
It shall be prohibited for any person to take any animal into, or to keep any animal in or upon.
any public park or public beach in the city: except for enclosed ublic park areas reasonably
specifically designated for dOpS by the city manager. Animals under the custody and control of a
law enforcement officer and service dogs accompanying a disabled person are excluded from
this section.
SECTION 2.
That Chapter 10, Section 10-11 of the Miami Beach City Code is hereby amended as follows
Sec. 10-11. Running at large prohibited.
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 in South Pointe Park, in the triangular area south and west of the Washington
Avenue entry plaza. dogs may be off-leash from sunrise to 9:00 a.m.. or during such other hours
as may be specifically designated by a resolution of the city commission after a public hearing.
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.
2009-3646
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 19tt` day of sEp comber 2009
PASSED and ADOPTED this 9th day of sentembe, 2009.
ATTEST:
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A ~ R B /ER
MAYOR
ROBERT PARCHER, CITY CLERK
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T:VAGENDA12009'~July 15+Regulaf•Animals -Dog Parks OrCiarce Amentlments Reso.7-1 S~C5.doc