2011-3743 Ordinance ORDINANCE NO. 2011 -3743
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 -11, ENTITLED "RUNNING AT LARGE
PROHIBITED" BY EXTENDING THE PILOT PROGRAM OFF -LEASH
AREA FOR DOGS IN SOUTH POINTE PARK UNTIL JANUARY 1,
2012 AND BY ADDING TWO (2) HOURS IN THE EVENING FROM
5:00 P.M. TO 7:00 P.M. ON MONDAY THROUGH FRIDAY; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 5 -20 of the Miami -Dade County Code, "a dog may be
unrestrained and shall not be deemed at large if it is supervised by a competent person and is
(i) in a park area in which dogs are specifically authorized by a municipality or by the County to
be unrestrained... "; and
WHEREAS, on September 9, 2009, the Mayor and City Commission adopted Ordinance
No. 2009 -3646 which specifically authorized dogs to be unleashed in South Pointe Park for a six
month pilot program in the triangular area south and west of the Washington Avenue entry plaza
from sunrise to 9:00 a.m., or during such hours as may be specifically designated by a
resolution of the City Commission after a public hearing; and
WHEREAS, the Mayor and City Commission wish to extend the pilot program in South
Pointe Park until January 1, 2012, at which time the pilot program will sunset and an evaluation
of its viability should be completed and a decision as to its future be made, unless the City
Commission approves the permanent designation of the off leash area in South Pointe Park
prior to said date; and
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 - 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.
daily and from 5:00 p.m. to 7:00 p.m. on Monday through Friday, or during such other hours as
may be specifically designated by a resolution of the city commission after a public hearing, until
January 1, 2012 The cxception in this section shall only be effective if permitted by the County
Code.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. 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 4. 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 5. EFFECTIVE DATE.
This Ordinance shall take effect the 29t day of October , 2011.
PASSED and ADOPTED this 19th day of Orroher , 2011.
ATTEST:
1111
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ROBERT PARCHER, CITY CL j '• ' 9��i�
Underline denotes additions a Si - ; :-moo • =letions
INCORP ORATED'
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)& APPROVED AS TO
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COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance amending Chapter 10 of the Miami Beach City Code entitled "Animals," by amending Section 10 -11,
entitled "Running At Large Prohibited" by extending the pilot program off -leash area for dogs in South Pointe Park
until January 1, 2012 and by adding two (2) hours in the evening from 5:00 P.M. to 7:00 P.M. on Monday through
Friday unless the City Commission approves the permanent designation of the off leash area in South Pointe Park
prior to said date.
Key Intended Outcome Supported:
Increase satisfaction with family recreational activities
Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey indicates 84.9% of
residents rated the City's Recreation programs as either excellent or good.
Issue:
Should the City Commission amending the City Code to extend the pilot program off-leash area for dogs in South
Pointe Park?
Item Summary /Recommendation:
SECOND READING — PUBLIC HEARING
On September 9, 2009, the Mayor and City Commission adopted Ordinance No. 2009 -3646, which specifically
authorized dogs to be unleashed in South Pointe Park for a six month pilot program in the triangular area south
and west of the Washington Avenue entry plaza from sunrise to 9:00 a.m , or during such hours as may be
specifically designated by a resolution of the City Commission after a public hearing. The off -leash pilot began on
June 1, 2010. A discussion was held at the Neighborhoods /Community Affairs Committee meeting on February 3,
2011, concerning the Dogs Off-Leash Trial Program in South Pointe Park that concluded on November 30, 2010.
Following the discussion, the Committee recommended extending the trial period to include the addition of two (2)
hours in the evening (hours to be determined) on Monday through Friday only. This action was approved 2 -0 and
was subsequently reported and accepted by the City Commission at the March 9, 2011, Commission meeting.
Following the public discussion, the Administration determined the Monday — Friday evening hours to be 5 P.M. —
7 P.M. and modified the signs in the off -leash area to reflect the same
In reviewing the Off -Leash Ordinance as part of a discussion of a potential off -leash area at the Par 3, it was
determined that approval of the extension of the pilot program and additional hours through an ordinance
amendment was required. As such, consistent with the Committee approval, it is recommended that the pilot
program continue until January 1, 2012. By that time a determination of its continuation would need to be made;
unless the City Commission approves the permanent designation of the off-leash area in South Pointe Park, it
would sunset. On September 14, 2011, this ordinance amendment was approved on first reading and the
Commission scheduled the public hearing and second and final reading for October 19, 2011.
Advisory Board Recommendation:
N/A
Financial Information:
Source of Amount Account
Funds: 1
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Kevin Smith, Director of Parks and Recreation
Sign -Offs:
D partment Director A sistant City Manager City Manager
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DA\2011 \10 -19 -11 \Ordinance Amendme SPP Off Leash 2nd R- -ding & Public Hearing Su oc
M I AM I A GENDA ' lsC
B ITEM DATE 10—/q—ii
m MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City ommission
FROM: Jorge M. Gonzalez, City Manager
DATE: October 19, 2011 ECOND READING PUBLIC HEARING
SUBJECT: 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 -11,
ENTITLED "RUNNING AT LARGE PROHIBITED" BY EXTENDING THE PILOT
PROGRAM OFF -LEASH AREA FOR DOGS IN SOUTH POINTE PARK UNTIL
JANUARY 1, 2012 AND BY ADDING TWO (2) HOURS IN THE EVENING FROM
5:00 P.M. TO 7:00 P.M. ON MONDAY THROUGH FRIDAY; AND PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the proposed Ordinance.
KEY INTENDED OUTCOME SUPPORTED
Increase satisfaction with recreational programs.
BACKGROUND
In the past several years, the residents of Miami Beach have increasingly requested the construction
of dog parks within their neighborhoods. To date there are a total of five (5) fenced dog parks within
the City's parks. These include Belle Isle, Flamingo, North Shore Open Space Park (under
construction), Pinetree, South Pointe (un- fenced) and Washington Avenue (two sites). Additionally,
at the September 14, 2011 Commission meeting the Administration was directed to install a
temporary fenced dog park on the Par 3 Golf Course which is in process. These dog parks are
heavily utilized and appreciated by our residents and their dogs. The increased number of the City's
dog parks is a direct result of a number of discussions that were held in the community and more
specifically at past Neighborhoods /Community Affairs Committee meetings.
At these meetings, the residents requested an unfenced off -leash area in South Pointe Park. On
September 9, 2009, the Mayor and City Commission adopted Ordinance No. 2009 -3646 which
approved a six -month pilot program that authorized dogs to be unleashed in South Pointe Park in
the triangular area south and west of the Washington Avenue entry plaza from sunrise to 9:00 a.m.,
or during such hours as may be specifically designated by a resolution of the City Commission after
a public hearing. This was subject to the County amending their Code to permit the designation of
off -leash areas; this amendment was subsequently approved by the Board of County
Commissioners.
A discussion was held at the Neighborhoods /Community Affairs Committee meeting on February 3,
2011, concerning the Dogs Off -Leash Trial Program previously approved by the City Commission.
The South Pointe Park pilot program began on June 1, 2010 and concluded on November 30, 2010.
Following a discussion of the pilot program, the Committee moved to recommend extending the trial
period, to include the addition of two (2) hours in the evening (hours to be determined) on Monday
through Friday only. The committee also discussed the temporary location of the off -leash area once
Ordinance Amendment To Chapter 10 — Section 10 -11 Running At Large Prohibited
Second Reading Public Hearing
October 19, 2011
Page 2 of 2
construction of the public art began. A location on the western edge of the west lawn was approved,
with the understanding that discussion of a permanent location would occur when the extended trial
period expired and a determination was made to continue the program. This action was approved 2-
0. This action was subsequently reported and accepted by the City Commission at the March 9,
2011, Commission meeting.
Following the public discussion held at the February 3, 2011 Neighborhoods /Community Affairs
Committee meeting, and acceptance of the report by the City Commission at the March 9, 2011
meeting, the Administration determined the Monday — Friday evening hours to be 5 P.M. — 7 P.M.
and modified the signs in the off -leash area to reflect the same.
ANALYSIS
In reviewing the Off -Leash Ordinance during Committee discussion regarding a potential off -leash
area at the Par 3 golf course, it was determined that approval of the extension of the pilot program
and additional hours through an ordinance amendment was required. As such, consistent with the
Committee approval, it is recommended that the pilot program at South Pointe Park continue until
January 1, 2012. By that time a determination of its continuation would need to be made; unless the
City Commission approves the permanent designation of the off -leash area in South Pointe Park, it
would sunset.
On September 14, 2011, the Mayor and Commission approved this ordinance amendment on first
reading and scheduled the public hearing and second and final reading for October 19, 2011.
CONCLUSION
The Administration recommends that following a public hearing the Mayor and Commission adopt
this ordinance amending Chapter 10 of the Miami Beach City Code entitled "Animals," by amending
Section 10 -11, entitled "Running At Large Prohibited" by extending the pilot program off -leash area
for dogs in South Pointe Park until January 1, 2012 and by adding two (2) hours in the evening from
5:00 P.M. to 7:00 P.M. on Monday through Friday; and providing for a repealer, severability,
codification, and an effective date.
JMG /HMF4
T:\AGENDA\2011 \10- 19- 11\Animal Ordinance Amendment SPP Off Leash 2nd Reading & Public Hearing COMM.
MEMO.doc
NE THURSDAY, OCTOBER 6, 2011 1 13NE
1
M IAMI BEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS .
NOTICE IS HEREBY given that second readings and public heanngs will be held by the Mayor and City Commission of the ifi.
of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Dnve, Miami Beach, Flonda,
on WEDNESDAY, OCTOBER 19B" , 2011, to consider the following
10:15 a.m. • ,
Amendments To The Roofing Material Ordinance
Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142,
"Zoning Districts And Regulations ", Article IV, "Supplementary District Regulations ", Section 142 -875 "Roof Replacements" To
Modt(y.And Expand The For Roofing Matenals In, All Distracts
Inquines may be directed to the Planning Department at (305) 673 -7550
10:20 afm.
Stay Of Work And Proceedings On Appeal
Ordinance Amending The Land Development Regulations Of The City Code. By Amending Chapter 118, "Administrative And
Review Procedures," Article II, "Boards," Division 5, "Board Of Adjustment," Section 118 -137, "Stay Of Work And Proceedings On
Appeal," Clantying And Amending The Stay Provisions Applicable To Matters On Appeal To The Board Of Adjustment
Inquiries may be directed to the Planning Department at (305) 673 -7550 -
4 . Ordinance a.m
. Ordinance Amending Chapter 10 Of The Miami Beach City Code Entitled "Animals," By Amending Section 10-11, Entitled "Running
At Large Prohibited" By Extending The Pilot Program Off-Leash Area For Dogs In South Pointe Park Until January 1, 2012 And By
Adding Two (2) Hours In The Evening From 5 00 p m To 7 p m On Monday Through Friday, Providing For An Off-Leash Area
• On The Par 3 Golf Course From Sunrise To 9'00 A.M Daily And From 5 00 p m To 7 00 p m On Monday Through Fnday Until
Construction Commences On The Par 3 Golf Course
Inquiries may be directed to the Parks and Recreation Department at (305) 673 -7730
10.30 a m, - - • r
Minimum Unit Size And Parking Requirements For Affordable Housing Projects.
An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 130 "Off- Street Parking," Section 130 -32
' "Off- Street Parking Requirements For Parking District No 1," And Section 130 -33 "Off- Street Parking Requirements For Parking
Districts Nos 2, 3, And 4," By Adding Parking Requirements For Housing For Low And/Or Moderate Income Non - Elderly Persons,
Chapter 142 "Zoning Districts And Regulations," By Amending Article IV "Supplementary Distnct Regulations," By Amending
Division 6 "Housing For Low And/Or Moderate Income Elderly Persons," By Including Non - Elderly Persons In The Regulations,
Amending Section. 142 -1181, "Purpose," Section 142 -1182 "Definitions," Section 142 -1183, "Unit Size," And Section 142 -1184 •
"Mandatory Critena," Amending 'Division 3 "Residential Multifamily Distncts," Subdivision II "RM -1 Residential Multifamily Low
intensity; Subdivision IV "RM -2 Residential Multifamily, Medium Intensity," Subdivision' V "RM -3 Residential Multifamily, High
Intensity," Division 4 "CD -1 Commercial, Low Intensity Distnct," Division 5. "CD -2 Commercial, Medium Intensity District," Division
6 "CD -3 Commercial; High Intensity District," And Division 18 "PS Performance Standard Distdet," By Including References To
Division 6 "Housing For Low And/Or Moderate Income Non-Elderly And Elderly Persons " '
Inqulnes may be directed to the Planning Department at (305) 673 -7550
10:35 a m.
Recycling Ordinance •
An Ordinance Amending Chapter 90 Of The Miami Beach City Code, Entitled "Solid Waste," By Amending The Definitions In Article
I Entitled "In General," By Amending Section -90-2, Entitled "Definitions ", By Amending Article II, Entitled "Administration" By
Amending The Penalties For Solid Waste Violations And To Provide Provisions And Penalties Relative To Recycling For Multifamily
Residences And Commercial Establishments, By'Creating Article V, To Be Entitled "Citywide Recycling Program For Multifamily
Residences And Commercial Establishments," To Provide Provisions For Recycling Requirements And Enforcement, A Public
Education Program, A Warning Period, An Enforcement Date, Collector Liability, A "Red Tag" Noticing System, Penalties, And
Special Master Appeal Procedures -
Inquiries may be directed to the Public Works Department at (305) 673 -7616
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing
addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida
33139 Copies of these ordinances are available for public inspection during normal business hours in the City Clerk's Office, 1700
Convention Center Dnve, 1st Floor, City Hall, and Miami Beach, Flonda 33139 This meeting may be continued and under such
circumstances additional legal notice would not be provided
Robert E Parcher, City Clerk
• City of Maami Beach
, Pursuant to Section 286 0105, Fla Stat , the City hereby advises the public that if a person decides to appeal any decision
made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that
a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant
evidence, nor does it authorize challenges or appeals not otherwise allowed by law
To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/
or any accommodation to review any document or participate in any city- sponsored proceeding, please contact (305) 604 -2489
(voice), (305)673- 7218(TTY) five days in advance to initiate your request TTY users may also call 711 (Florida Relay Service)
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