2014-3850 Ordinance ORDINANCE NO. 2014-3850
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 THROUGH AND
INCLUDING DECEMBER 31, 2014; PROVIDING FOR REPEALER;
SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 5-20(d) 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... 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 unrestrained and off-leash in South
Pointe Park for a pilot program in the triangular area south and west of the Washington Avenue
entry plaza; and
WHEREAS, subsequently, the regulations regarding the off-leash area for dogs have
been amended pursuant to various Ordinances and the pilot program will sunset on April 30,
2014; and
WHEREAS, at the December 11, 2013 City Commission meeting, the Mayor and City
Commission directed the Administration to file an application with the Design Review Board
(DRB) to seek approval of landscape material for an alternate off-leash dog area to the north of
the current off-leash area; and
WHEREAS, in order to allow the off-leash area to continue in its current location while
the City Administration proceeds with City Commission direction to obtain DRB approval for a
new location to the north of the current site, the current off-leash area and regulations should
remain in effect through and including December 31, 2014; and
WHEREAS, the Mayor and City Commission wish to extend the off-leash pilot program
at its current location until December 31, 2014 while the City Administration pursues its
application to the DRB.
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:
Chapter 10
ANIMALS
Sec. 10-11. Running at large prohibited; exception.
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 designated area south and west of the Washington
Avenue entry plaza, dogs may be off-leash from sunrise to 10:00 a.m. daily and from 6:00 p.m.
to 9:00 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, through and including
ApFil 30, 2014 December 31, 2014.
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 3 day of 9F , 2014.
PASSED and ADOPTED this .23 day of r> , 2014.
ATTEST: '
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M I L!f L I N R
RAFAEL GRANADO, CITI(4111 OR4 0Rp,TED: `
Underline denotes additions o7 APPROVED AS TO
Strike thFo-ugh denotes deletion - '••;•• _ ' FORM&LANGUAGE
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COMMISSION ITEM SUMMARY
Condensed Title:
Second Reading Of 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 Through And Including
December 31, 2014
Key Intended Outcome Supported:
Increase satisfaction with recreational programs.
Supporting Data(Surveys, Environmental Scan, etc:
Item Summary/Recommendation:
SECOND READING PUBLIC HEARING
The Off-Leash area which is currently operating under a"Pilot Program"was scheduled to sunset on April 301h,2014.
At the December 11 th,2013 Commission Meeting a motion was passed that for the next 120 days to leave the off-leash
dog area at the lighthouse location and furthermore; during the 120 days, the Administration will bring to the Design
Review Board a hedge at an alternate location with applicable seating at the alternate location and bring it back to
Commission.
Administration has since met with the architect working on the remediation plan for South Pointe Park. As directed by
Commission staff has worked with the consultant to design a permanent off leash area in the portion of the park most
recently used as a staging area for the force main project. This area will have landscaping, benches, dog waste
stations and drinking fountains for both dogs and their owners. The design includes a low level landscaping to create a
buffer between the off leash area and other areas of the park while not interfering with the views of the water and other
areas within the park. The design is part of the current bid for the remediation of South Pointe Park and will be included
as an add alternate in the bid package.
Staff recommends extending the pilot program at its current location until the construction of the permanent location is
completed.
Advisory Board Recommendation:
Financial Information:
Source of Amount Account
Funds: I N/A N/A
2
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Sign-Offs:
Department Director Assistant 'ty Manager City ftager
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T:\AGEN A\2014\April\Parks and Recreation\Animal Ordinance Amendment Off Leash Pilot Program Exten i - SUMMARY 2nd
Reading.doc
AGENDA ITEM
MIAI ►I BEACH ^d3
W SATE
MIAMI BEACH
City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of e City Com ission
FROM: Jimmy L. Morales, City Manager
DATE: April 23, 2014 SECOND EADI — PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE MAYOR ND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, A ENDING 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 THROUGH AND INCLUDING DECEMBER 31, 2014; PROVIDING
FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE
DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends: 1) Approving the ordinance.
BACKGROUND
The Off-Leash area which is currently operating under a "Pilot Program" was scheduled to
sunset on April 30th, 2014. At the December 11 th, 2013 Commission Meeting a motion was
passed that for the next 120 days to leave the off-leash dog area at the lighthouse location and
furthermore; during the 120 days, the Administration will bring to the Design Review Board a
hedge at an alternate location with applicable seating at the alternate location and bring it back
to Commission.
Administration has since met with the architect working on the remediation plan for South Pointe
Park. As directed by Commission staff has worked with the consultant to design a permanent
off leash area in the portion of the park most recently used as a staging area for the force main
project. This area will have landscaping, benches, dog waste stations and drinking fountains for
both dogs and their owners. The design includes a low level landscaping to create a buffer
between the off leash area and other areas of the park while not interfering with the views of the
water and other areas within the park. The design is part of the current bid for the remediation
of South Pointe Park and will be included as an add alternate in the bid package.
The design will be submitted to the Design Review Board (DRB) for review and approval.
(Currently scheduled to be on their May agenda.) If approved both by Commission through
adoption of this ordinance and DRB the off leash area will become part of the remediation
project. Once the project is completed a new and final ordinance will come before Commission
for adoption and the pilot program will become a permanent program.
Staff recommends extending the pilot program at its current location until the construction of the
permanent location is completed.
CONCLUSION
The Administration requests the Mayor and Commission review for their consideration the
Ordinance Amendment on first reading and set a second reading and public hearing.
SUMMARY
The proposed Ordinance was approved at First Reading on March 5, 2014.
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MIAMI HERALD MiamiHerald.com NE THURSDAY,APRIL 10,2014 19NE
MiAMIBEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of Miami Beach,Florida,in the Commission Chambers,3rd floor,City Hall,1700 Convention Center Drive,Miami Beach,Florida,on April 23,2014,to consider the following:
10:15 a.m.
A Resolution Adopting The Second Amendment To The General Fund,Enterprise Fund,•Internal Service Fund And Special Revenue Fund Budgets For Fiscal Year(FY)2013/2014.Inquiries may be directed to the Budget Office 305-673-7510.
10:25 a.m.
An Ordinance Amending Chapter 70 Of The Code Of The City Of Miami Beach,Entitled"Miscellaneous Offenses,"By Amending Article 11,Entitled"Public Places"To Prohibit Motorized Means Of Transportation On The Beachwalk Between 15th To 23rd Streets And Between 641"To 791"Streets,
And On The Lummus Park Promenade(Also Known As The Lummus Park Serpentine Walkway)Between 5"And 15"'Street;Providing For Repealer,Severability,Codification,And An Effective Date.Inquiries maybe directed to the CityAltorney's Office 305-673-7470.
10:35 a.m.
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 Through And Including December 31,2014;
Providing For Repealer;Severability;Codification;And An Effective Date.Inquiries may be directed to the Parks and Recreation Department 305-613-7730.
10.45 a.m.
Minimum Unit Sizes For Historic Hotels In Commercial Districts
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach,By Amending Chapter 142,"Zoning Districts And Regulations',Article II;"District Regulations",Section 142-306,'Development Regulations'To Modify The Requirements For Minimum
Hotel Room Size For Historic Hotels Within The CD-2 District And By Amending Section 142-337,"Development Regulations And Area Requirements'To Modify The Requirements For Minimum Hotel Room Size For Historic Hotels Within The CD-3 District;Providing For Codification;Repealer;
Severability;And An Effective Date.Inquiries may be directed to the Planning Department 305-673-7550.
10:55 a.m.
Boat Docks And Marine Structures
An Ordinance Amending Chapter 66,"Marine Structures,Facilities And Vehicles,'Article IV,"Vessels,"Section 66-113,"Limitation On Projection Of Structures;Public Hearing;And Chapter 142,"Zoning Districts And Regulations,"Section 142-1132,"Allowable Encroachments Within Required
Yards,"Modifying The Procedures For Approval Of Docks That Extend Beyond The Permitted Distance Into A Waterbody;Providing For Repealer;Codification;Severabihty And An Effective Date.Inquiries may be directed to the Planning Department 305-673-7550.
11:05 am.
RM-2 Oceanfront Height Regulations
An Ordinance Amending The Code Of The City Of Miami Beach,Florida,By Amending Chapter 142,'Zoning Districts And Regulations,"Article 11,"District Regulations,"Division 3"Residential Multifamily Districts"By Amending Section 142-217 Regarding Maximum Building Height And Maximum
Number Of Stones For Oceanfront Lots With A Property Line Within 250 Feet Of North Shore Open Space Park;Providing For Codification;Repealer;Severability;And An Effective Oate.Inquiries maybe directed to the Planning Department 305-673-7550.
11:15 a.m. i
RM-3 Oceanfront Setbacks for Detached Structures and ADA Walkways
An Ordinance Amending The Code Of The City Of Miami Beach,Florida,By Amending Chapter 142,"Zoning Districts And Regulations,"Article 11,"District Regulations,"Division 3"Residential Multifamily Districts"By Amending Section 142-247,"Setback Requirements,"Regarding
Setback Requirements For Detached Additions In Oceanfront Lots Located Within The Miami Beach Architectural District;By Amending Chapter 142,"Zoning Districts And Regulations,*Article IV,'Supplementary District Regulations,"Division 4"Supplementary Yard Regulations,"Section
142-1132,'Allowable Encroachments In Required Yards,"Regarding Americans With Disabilities Act(ADA)Walkways And Ramp Structures With Awnings In Side Yards;Providing For Codification;Repealer;Severability;And An Effective Date.Inquiries may be directed to the Planning
Department 305-673-7550. ._ -
11'25 a.m.
Prohibit Advertisement Of Short Term Rentals/Commercial Use In Residential Zoning Districts
An Ordinance Amending the Code Of The City Of Miami Beach,Subpart B,Entitled"Land Development Regulations,"Of Chapter 142,Entitled"Zoning Districts And Regulations,"By Amending Article II,Entitled"District Regulations,"By Amending Division 2,Entitled"RS-1,RS-2,RS-3,RS-4
Single-Family Residential Districts,"By Amending Section 142-109,Entitled"Commercial Use Of Single-Family Homes Prohibited,"By Amending The Definitions Therein,And By Adding New Subsection(c)(1)d,Which Prohibits Advertising Of Unlawful Occupancy And Use;By Amending Subsection
(c)(2),Which Removes The Limitations On Enforcement;By Amending Article N,Entitled"Supplementary District Regulations,"By Amending Division 2,Entitled"Accessory Uses";By Amending Section 142-905,Entitled"Permitted Accessory Uses In Single-Family.Districts,"By Adding New
Subsection(b)(5)a Which Prohibits The Advertisement For The Lease Of Single Family Homes For Less Than Six Months And One Day,By Adding New Subsection(b)(5)b,Which Provides The Enforcement For A Violation Of Section(b)(5);By Amending Article N,Entitled"Supplementary District
Regulations,By Amending Division 3,Entitled"Supplementary Use Regulations,"By Amending Section 142-1111,Entitled"Short-Term Rental Of Apartment Units Or Townhomes,"By Amending Section(A)To Prohibit The Advertisement Of Short Term Rental Of Apartments Units OrT_ownhomes;
And Providing For Repealer,Severability,Codification,And An Effective Date.Inquiries may be directed to the Planning Department 305-673-7550.
11:35 a.m.
Wake Zone Ordinance
An Ordinance Amending The Code Of The City Of Miami Beach,By Amending Chapter 66,Entitled"Marine Structures,Facilities And Vehicles,"By Amending Article II,Entitled'Restricted Wake Zones,"By Amending Section 66-43,Entitled"Restricted Areas,"By Amending Subsection C Thereof
Regarding The Slow Speed,Minimum.Wake Zone By Amending The Boundaries Thereof And Amending Area C On The Appendix Thereto;Providing For Repealer,Seerability,Codification,And An Effective Date.lnquiries maybe directed to the CoAttomey's ice 305-673-7470.
11:45 a.m._
An Ordinance Amending Chapter 70 Of The Code Of Ttie.City Of Miami Beach,Florida,Entitled"Miscellaneous Offenses,"By Amending Section 70-2,Entitled"Reserved"To Create Regulations That Define Nicotine Vaporizer And Liquid Nicotine And That Prohibit The Sale,Barter,Providing Directly
Or Indirectly;Gifting,Making Available For Use Or Possession,Or The Furnishing Of Nicotine Vaporizers And Liquid Nicotine To Persons Under The Age Of Eighteen(18);Moreover,Making The Possession Of Nicotine Vaporizers And Liquid Nicotine Illegal For Persons Under The Age Of-Eighteen
(18);And Providing Penalties For Violations;Providing For Repealer;Severability;Codification;And An Effective Date.Inquiries may be directed to the CityAttomey's Office 305-673-7470.
5:05 p.m
Afton Road Historic DlstrictBuffer Overlay
An Ordinance Amending The Code Of The City Of Miami Beach,Florida,By Amending Chapter 142,"Zoning Districts And Regulations,"Article Ill,"Overlay Districts,"Creating Division 8"Alton Road-Historic District Buffer Overlay,"By.Including Section 142-858"Location And Purpose,"
And Section 142-859"Development Regulations,"Including Among Other Provisions Regulations On Maximum Floor Area Ratio;Maximum Building Height;Minimum Setbacks;Building Separation;Demolition Or Additions To Contributing Buildings In An Historic District;And Land Use Regulations
For Location Of Retail Uses,Restaurants,Bars.Entertainment Establishments,Alcoholic Beverage Establishments And Similar Uses;Requiring Conditional Use Approval Of Such Uses In Excess Of 10,000 Sq.Ft.;And Prohibiting Alcoholic Beverage And Entertainment Establishments In Open
Areas With Exceptions As Prescribed In The Ordinance;Providing For Codification;Repealer;Severability;And An Effective Date.Inquiries may be directed to the Planning Department 305-673-7550.
5:10 p.m.
RM-2 Accessory Office Uses For Bay Front Apartments
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach,By Amending Chapter 142,"Zoning Districts And Regulations"Article 11"District Regulations",Division 3"Residential Multifamily Districts Subdivision IV"Residential Multifamily,Medium
Intensity,"Section 142-213,"Conditional Uses,"To Expand The Conditional Uses In The RM-2 District To Include Certain Types Of Non-Medical Office Uses For Bay Front Apartment Buildings;Providing For Repealer;Severability;Codification;And An Effective Date.Inquiries may be directed
to the Planning Department 305-673-7550. -
5:15 p.m
Religious Uses Ordinance Amendment For The Equal Treatment Of Religious Uses As Required By The_Federal Religious Land Use And Institutionalized Persons Act(RLUIPA).
An Ordinance Amending The Code Of The City Of Miami Beach,By Amending Chapter 142,"Zoning Districts And Regulations,"Article 11,"District Regulations,"And Article IV,"Supplementary District Regulations,"To Provide For The Equal Treatment Of Religious Institutions In Multifamily,,
Commercial And Industrial Districts,As Required By Federal Law,Allowing Religious Institutions As A Matter Of Right Up To 199 Occupancy,As Either Main Permitted Or Accessory Uses As Set Forth In The Respective Zoning Districts,And Requiring Conditional Use Approval For Such Uses With
Higher Occupancy,Providing For Repealer;Severability;Codification;And An Effective Date.Ingairies may be directed to the Planning Department 305-673-7550.
Dr.Stanley Sutnick Clitbon's Fora-The times for the Dr.Stanley Sutnick Citizen's Forum are 8:30 a.m.and 1:00 p.m.,or as soon as possible thereafter.Approximately thirty minutes will be allocated to each session,with individuals being limited to no more than three minutes or for a
period established by the Mayor.No appointment or advance notification is needed in order to speak to the Commission during this Forum.
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,1 a Floor,City Hall,Miami Beach,Florida 33139.Copies of these items are available
for public inspection during normal business hours in the City Clerk's Office,1700 Convention Center Drive,11 Floor,City Hall,Miami Beach,Florida 33139.This meeting,or any item herein,may be continued,and under such circumstances,additional legal notice need not be provided.
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 us five days in advance at 305-673-7411(voice)
or TTY users may also call the Florida Relay Service at 711.
Rafael E.Granado,City Clerk
City of Miami Beach
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