LTC 324-2009 Status of County Amendment of Animal Code to permit off-leash area at South Pointe Parkm MIAMI BEACH
OFFICE OF THE CITY MANAGER
NO. LTC # 3'L4-2009 LETTER TO COMMISSION
TO: Mayor Matti Herrera Bower and Members of the City Commission "' ' '
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FROM: Jorge M. Gonzalez: City Manager o
DATE: November 24, 2009
SUBJECT: Status of County Amendment of Animal Code to permit off-leash area at South Pointe Park
As you may recall, at the September 9, 2009 meeting, the Commission approved an amendmentto Chapter
10 of City Code allowing for the designation of an area in South Pointe Park toimplement asix-month pilot
program to permit unrestrained dogs in a specific area of the park during limited hours. The item was
approved with the following amendments: 1) the City Ordinance will not come into effect until such time as
the County amends its dog leash law and, if their regulations are inconsistentwith the City's, that the matter
will return to the City for consideration prior to implementation of the pilot program; and, 2) the trial period is
for six months commencing iflwhen Miami-Dade County adopts an amendmentto County Code to enable
the local ordinance, and sunsets at that time. Staff is to report back to Commission on the program, at which
time the Commission may decides whether or not to extend the off leash program at South Pointe Park.
Staff also provided an update on our efforts to I
implementation of this pilot program. As reported; f
immediately initiated the process to amend the t
Debora Turner and Kevin Smith). A conference ca
and Animal Services Department).to discuss the
amendment. Proposed amendment language was
work with the City to move the amendment proce
amendment process requires the legislation to be
followed by referral/discussion at the appropriate
County Commission for the second reading and aF
this process could be accomplished would be Octc
objections to the amendment in the process.
an amendment to County Code to enable the
f the June 3, 2009 Commission directive: city staff
Code. Staff (Hilda M. Fernandez, Jose Smith.
geld in June with County staff (Parks Department
.s and timeline to accomplish the County Code
>ed, and the County staff indicated thatthey would
lard to their Commission for consideration. The
led to the County Commission for a first reading,
~issinn sub-committee. and then back to the full
The City was provided with a draft County agenda item that reflected that the proposed amenament w
be considered on September 15, 2009, followed by a Committee review in October and second readir
November 3`d. However, shortly before the item was placed on the agenda, we received a call fron
County expressing concerns with the enabling language, and explaining that they would not be procee
with the proposed amendment requested. Staff reached outto Commissioner Bruno Barreiro to discus
possibility of the Commissioner sponsoring the legislation. The Commissioner was subsequently prop
copies of the proposed amendment and background on the development of the City's Code amendr
The Commissioner indicated that he would support a proposed amendment to County Code to prc
enabling language to allow the pilot program to proceed, as per our request. In subsequent discussion;
his staff as late as this week. it has been confirmed that the proposed amendments are under develop
with the County Attorney's office. The anticipated scheduled for consideration of the proposed C<
amendment is as follows (and is subject to change): First Reading: December 15, 2009: Health and F
Safety Committee ReviewlConsideraiion: January 15, 2010; and Second Reading: February. 2010.
We have requested a copy of the proposed County Code amendment and will review to determine what: if
any, inconsistencies there may be with the amendments to City Code previously approved. As always,
please contact me if you have any questions or require additional information.
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