2014-3860 Ordinance ORDINANCE NO. 2014-3860
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 CREATING
SECTION 10-18, TO BE ENTITLED "REQUIREMENTS FOR SALES OF
DOGS AND CATS; DEFINITIONS; PERMITTED SOURCES;
CERTIFICATE OF SOURCE; PENALTIES"; AND BY AMENDING
SECTIONS 10-2 AND 10-3 TO CROSS-REFERENCE THE NEW
PROVISIONS IN SECTION 10-18; PROVIDING FOR REPEALER;
SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, the humane treatment of animals is an important public purpose; and
WHEREAS, "puppy mills" are inhumane and unsanitary commercial breeding facilities
for dogs in which the health of the dogs is disregarded to maintain a low overhead and
maximize profits, for example by keeping parent dogs in cages for their entire lives without
adequate food, water, veterinary care, or socialization, breeding females multiple times per year
with little to no recovery time between litters, and breeding dogs regardless of whether they
carry congenital or hereditary diseases; and
WHEREAS, according to United States Department of Agriculture reports, documented
problems found at puppy mills include: (1) sanitation problems leading to infectious disease; (2)
large numbers of animals overcrowded in cages; (3) lack of proper veterinary care for severe
illnesses and injuries; (4) lack of protection from harsh weather conditions; and (5) lack of
adequate food and water; and
WHEREAS, the Humane Society of the United States estimates that, each year, two to
four million puppies are born in the United States in puppy mills, and
WHEREAS, kittens are also inhumanely bred and housed in similarly cruel mills or
"kitten factories"; and
WHEREAS, the most effective way to stop puppy and kitten mills is to discourage the
purchase and sale of puppies and kittens produced at these inhumane facilities; and
WHEREAS, according to the Humane Society of the United States, although American
consumers purchase dogs and cats believing the pets to be healthy and genetically sound, in
reality, the animals that come from mills often face an array of health problems, including not
only communicable diseases or genetic disorders that present immediately after sale but also
diseases or disorders that do not surface until several years later, all of which lead to costly
veterinary bills and distress to consumers; and
WHEREAS, numerous alternatives exist for people to find pets, including adoption of
animals from Miami-Dade County's Animal Shelter or other public shelters; adoption from
humane societies or other animal rescue organizations; or purchase from reputable and
conscientious breeders; and
WHEREAS, across the country, thousands of independent pet stores and large chain
stores operate profitably with a business model focused on the sale of pet services and supplies
and not on the sale of dogs and cats, often collaborating with local animal sheltering and rescue
organizations to offer space and support for showcasing adoptable homeless pets on their
premises; and
WHEREAS, the adoption of regulations governing the sale of dogs and cats in the City
will promote community awareness of animal welfare, foster a more humane environment, and
encourage pet consumers to adopt dogs and cats from shelters, thereby saving animals' lives
and reducing the cost to the public of sheltering animals.
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, entitled "Animals" 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 section 10-18, within a 12-month period will be
i
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.
Sec. 10-18. Requirements for Sales of Dogs and Cats; Definitions; Permitted Sources;
Certificate of Source; Penalties.
(a) Definitions. For purposes of this section, the following words, terms, and phrases shall
have the following meanings:
1. Animal Rescue Organization means a humane society, animal welfare society,
society for the prevention of cruelty to animals, or other such not-for-profit
corporation or other legal entity devoted to the welfare, .protection, and humane
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treatment of dogs, cats, or other animals that is duly registered with the Florida
Department of State and the Florida Department of Agriculture and Consumer
Services, as applicable, and with the appropriate authority in the jurisdiction in
which the not-for profit legal entity is headquartered.
2. Breeder means any person or entity that causes dogs or cats to reproduce,
regardless of the size or number of litters produced. However, this definition shall
not apply to a pet owner who breeds his or her own pet and keeps all of the
offspring, so long as the total number of animals does not exceed the maximum
number set forth in section 10-16.
3. Cat means an animal of any age of Felis catus.
4. Doq means an animal of any age of the Canis lupus familiaris or resultant
hybrids.
5. Pet dealer means any person that, in the ordinary course of business, engages in
the sale to the public of more than two litters, or 20 dogs or cats, regardless of
number per year, whichever is greater. This classification shall include pet shops
as well as breeders who sell directly to the consumer. Animal rescue
organizations and hobby breeders shall be exempt from this classification.
6. Pet shop means a retail establishment that, in the ordinary course of business,
engages in the sale of dogs or cats.
7. Public animal shelter means a facility that is used for housing or containing dogs
or cats or other animals and that is operated by or on behalf of a state, county,
municipality, or other governmental entity.
8. Sale means the transfer of ownership in exchange for compensation or profit,
including money, goods, and services. This definition shall not include adoption
fees charged by an animal rescue organization.
Permitted Sources. After December 31, 2014, pet dealers and pet shops shall not
display, sell, trade, deliver, barter, lease, rent, auction, transfer, offer for.sale or transfer,
or otherwise dispose of dogs or cats in the City, unless the pet dealer or pet shop
certifies that the dog or cat comes from one of the following sources:
1. An animal rescue organization, as defined in this section, or
2. A public animal shelter, as defined in this section.
Certificate of Source. A pet dealer or pet shop that obtains dogs or cats from a
permitted source shall post conspicuously on the cage of each dog and cat:
1. Copy of a notarized affidavit of verification from the source from which the dog or
cat was obtained, A copy of the certificate of source shall also be provided to the
purchaser or transferee of any dog or cat.
2. The name and address of the source from which the dog or cat was obtained and
date thereof,
3
3. A description of the dog or cat including species, breed, sex, color, and
distinctive markings, physical condition and health, and age (if known), and
4. For each dog or cat receiving medical care while in the custody or control of the
pet dealer or pet shop, the type of service rendered, date, and veterinarian's
name.
Penalties. Any person who violates this section shall be subject to a fine of $250.00 per
day per dog or cat for the first violation within a 12 month period, and a fine of $500.00
Per day per animal for any subsequent violation within a 12 month period. The Miami
Beach Police Department shall enforce the provisions set forth within this section.
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 1 st day of January, 2015.
PASSED and ADOPTED this day of Q , 201
ATTEST:
ILIP Lell ;E OR
�.�-•-`�c`•--rte-`�� �
RAFAEL E. GRANADO, CITY C KNCORP ORATED
�:. t ;�,� ROVED AS TO
(Sponsored by Mayor Philip Lev �,,, FORM & LANGUAGE
.l
�- "' & FOR EXECUTION
Underline denotes additions
denotes deletions
5 �
City Attorney , , Date
FATTODURMORDINANMAnimals-Chapter 10 Section 10-18-Sales of Dogs and Cats.docx �1
4
COMMISSION ITEM SUMMARY
Condensed Title:
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 CREATING SECTION 10-18, TO BE ENTITLED "REQUIREMENTS FOR
SALES OF DOGS AND CATS; DEFINITIONS; PERMITTED SOURCES; CERTICIATE OF
SOURCE; PENALTIES"; AND BY AMENING SECTIONS 10-2 AND 10-3 TO CROSS-
REFERENCE THE NEW PROVISIONS IN SECTION 10-18; PROVIDING FOR REPEALER;
SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
Key Intended Outcome Supported:
Increase community satisfaction with City government.
Supporting Data (Surveys, Environmental Scan, etc.): NA
Item Summa /Recommendation:
The Mayor and City Commission held a discussion at the March 5, 2014 City Commission
meeting to address the deplorable conditions at"puppy and kitten mills"and their negative impact
on the health and welfare of these animals; it was recognized that the adoption of regulations
governing the sale of dogs and cats in the City of Miami Beach will promote community
awareness of animal welfare,foster a more humane environment, and encourage pet consumers
to adopt dogs and cats from shelters, thereby saving animals' lives and reducing the cost to the
public of sheltering animals
The Commission passed the Ordinance on First Reading on April 23rd, 2013 and it is
recommended that the City Commission pass this Ordinance on second reading.
Advisory Board Recommendation:
NA
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary: The fiscal impact of the proposed ordinance is difficult to
determine however,there will be a need to train all sworn personnel that will cost approximately
$14,630 of on-duty resources and a violation form will need to be developed and produced. It is
difficult to project the costs until the development of this form begins.
City Clerk's Office Legislative Tracking:
Police Department—Office of the Chief
Sign-Offs:
Department Director Assistant City Manager City Manager
Raymond A. Martinez, Chief
MBPD
AGENDA ITEM Rs-%
MIAMIBEACH 5-2-1 DATE
MIAMI BEACH
City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,vvr w.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Phillip Levin and Members of t e City Com ssion
Y P Y
FROM: Jimmy L. Morales, City Manager
DATE: May 21, 2014
SECON READING PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE MAY AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
10 OF THE MIAMI BEACH CITY CODE, ENTITLED "ANIMALS,"
BY CREATING SECTION 10-18, TO BE ENTITLED
"REQUIREMENTS FOR SALES OF DOGS AND CATS;
DEFINITIONS; PERMITTED SOURCES; CERTIFICATE OF
SOURCE; PENALTIES"; AND BY AMENDING SECTIONS 10-2
AND 10-3 TO CROSS-REFERENCE THE NEW PROVISIONS IN
SECTION 10-18; PROVIDING FOR REPEALER;
SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance at the Second Reading Public Hearing on May 21, 2014.
KEY INTENDED OUTCOMES
Increase community satisfaction with City government.
BACKGROUND
The Mayor and City Commission held a discussion at the April 23, 2014 City
Commission meeting to address the deplorable conditions at "puppy and kitten mills" and
their negative impact on the health and welfare of these animals; it was recognized that
the adoption of regulations governing the sale of dogs and cats in the City of Miami
Beach will promote community awareness of animal welfare, foster a more humane
environment, and encourage pet consumers to adopt dogs and cats from shelters,
thereby saving animals' lives and reducing the cost to the public of sheltering animals
ENFORCEMENT/ FISCAL IMPACT
It is difficult to project the total costs associated with the enforcement of this ordinance,
however, the Miami Beach Police Department has an Officer dedicated to animal related
issues. This "Animal Resource Officer" (ARO) will be tasked with leading any
investigation related to this new ordinance as part of her regular duties and should not
incur any new costs.
All sworn personnel will need to be trained in this new ordinance. The ARO, in
conjunction with the training unit, will be responsible for the training of all personnel. It is
anticipated that the class will be one (1) hour in duration. With 385 sworn personnel, this
training will be accomplished on-duty ($38/person) and should cost approximately
$14,630.
In addition to the training costs, the ordinance will require the development of a new
citation form. The costs associated with this new form will depend on the format needs
of the form and the amount required. It is difficult to project the costs until the
development of this form begins.
JLM:RAM:JWB:BS:DD
MIAMI HERALD I MiarniHerald.com NE THURSDAY,MAY 8,2014 1 "NE
MIAMI BEACH
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,an Wednesday,May 21,2014,to consider the following:
1(koo a.m.
Ordinance Amending Chapter 2 Of The Code Of The City Of Miami Beach,Entitled'Administration,"By Amending Article 1,Entitled"In General,"By Creating Section 2-1,To Be Entitled"Reasonable Opportunity
To Be Heard,"To Provide Rules Regarding Public Participation in City Meetings.Inquiries may be directed to the CityAttarney's Office 305-673-7470.
1(k05 a.m.
Ordinance Amending Miami Beach City Code Chapter 2 Entitled"Administration,"Article VII"Standards Of Conduct,'Section 2-458 Thereof Entitled"Supplemental Abstention And Disclosure Requirements"By Providing
That A City Of Miami Beach Elected Or Appointed Public Officer With A Conflict Of Interest On A Particular Matter Shall Absent Himself From The Agency Meeting On Which He Serves During Said Agency's Discusstan
Of That Matter.Inquiries may be directed to the City Attorney's Office 305-673-7470.
10:10 a.m.
Ordinance Amending Chapter 10 Of The Miami Beach City Code,Entitled"Animals,"By Creating Section 10-17,To Be Entitled'Certain Techniques And Devices Prohibited;Enforcement;Penalties";And By Amending
Sections 10-2 And 10-3 To Cross-Reference The New Provisions In Section 10-17.inquiries may be directed to the City Attorneys Office 305-673-7470.
10:15 a.m
Ordinance Amending Chapter 10 Of The Miami Beach City Code,Entitled"Animals,"By Creating Section 10-18,To Be Entitled"Requirements For Sales Of Dogs And Cats;Definitions;Permitted Sources;Certificate
Of Source;.Penalties";And By Amending Sections 10-2 And 10-3 To Cross-Reference The New Provisions in Section 10-18.Inquiries maybe directed to the City Attorney's Office 305.673-7470.
10:20 a.m.
Alcohol in Movie Theaters
An Ordinance Amending The City Code,By Amending Chapter 6,"Alcoholic Beverages,"Arfide I,"In General,"Section 6-4,`Location And Use Restrictions,"By Permitting Alcohol Beverages To Be Sold In Motion Picture
Theaters,Establishing Criteria,Standards And Procedures For Eligible Theaters And Where Alcohol Can Be Sold And Consumed;And Amending Section 6-5,`Patron Age Restrictions,'Exempting Motion Picture Theaters
From The Code's Patron Age Restrictions.Inquiries may be directed to the City Attorney`s Office 305-673-7470.
10:25 a.m.
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach,Florida,Amending Chapter 70 Of The Code Of The City Of Miami Beach,Entitled"Miscellaneous Offenses;By Amending Article Il,Entitled
'Public Places"By Amending Division 2,Entitled'Bicycling,Skateboarding,Roller Skating,in-Line Skating,And Motorized Means Of Transportation,"By Amending Section 70-67 Thereof,Entitled"Prohibited Activities,'
To Prohibit The Operation Of Motorized Means Of Transportation In,On Or Upon Any Portion Of A)The Beachwalk Between 1VArid 231d Streets,Between 641,And 79`'Streets,And South Of F Street•,B)The Lummus
Park Promenade(Also Known As The Lummus Park Serpentine Walkway)Between 5°And 19 Streets,C)The Sidewalks On The East Side Of Ocean Drive Between South Pointe Drive And 1511 Street;0)The South Pointe
Park Cutwalk Adjacent And Parallel To Government Cut;And E)The Marna Baywalk Adjacent And Parallel To Biscayne Bay And South Of 511 Street Providing For Repealer,Severability,Codification;And An Effective Date.
Inquiries may be directed to the City Attorney's Office 305-673-7470.
10:30 a.m.
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach,Florida,Amending Chapter 106 Of The Miami Beach City Code,Entitled"Traffic And Vehicles,"By Amending Article II,Entitled"Metered
Parking,"By Amending Division I,Entitled"Generally."By Amending Section 106-55,Entitled°Parking Rates,Fees,And Penalties,"By Amending Subsection.(N),Entitled,"Hybrid/ILEV(Inherently Low Emissions Vehicles)
Vehicles Incentive,"By Amending Vehicle Participation Criteria ForT'ne HybridALEV Vehicles Incentive Program To Substitute Vehicles With An EPA(Environmental Protection Agency)Smartway Designation,And Establishing
An Annual Miami Beach Resident Permit Fee For Scooters And Motorcycles;Providing For Codification,Repealer,Severability,And An Effective Date.inquires may be directed to the Parking Department 305-673-7275.
10:35 a.m.
An Ordinance Amending Chapter 106 Of The Miami Beach City Code,Entitled"Traffic And Vehicles.'By Amending Article II,Entitled"Metered Parking,"By Amending Division I,Entitled"Generally,'By Amending Section 106-47,
Entitled"Freight,Commercial,And Passenger Curb Loading Zones;Hours,Deliveries";Creating Subsection(F),Permit Required;Further Amending Section 106-55;Establishing Subsection(0),Entitled,"Freight Loading Zone
(FLZ)Permit";And Subsection(P),Entitled,Alley Loading(AL)Permit;Providing Far Codification,Repealer,Severability,And An Effective Date.inquiries maybe directed to the Parking Department 305-673-7275
10:40 a.m.
AFSCME MBERP Ordinance
An Ordinance Implementing Provisions Of The 2013-2016 Collective Bargaining Agreement Between The City And The American Federation Of State,County And Municipal Employees,(AFSCME)Local 1554;Amending
The Miami Beach Employees'Retirement Plan Created By Ordinance 2006-3504;Amending Section 2-26 Of The Plan By Extending The Deferred Retirement Option Wan(DROP)Program From Three(3)To Five(5)
Years For Eligible Members;Amending Section 5.13 To Reflect Amended Eligibility And Participation Requirements And Amended DROP Plan Features;Amending Section 4.03 By Eliminating The Purchase Of Additional
Creditable Service Effective April 23,2015;Amending Section 6.02 Ot The Plan By Reinstating An Additional Two Percent Member Contribution For Members Of The AFSCME Bargaining Unit Hired Prior To September 30,
2010;And Eliminating The Additional Two Percent Member Contribution When The Wan Actuary Confirms That The City's Annual Required Contribution To The Retirement Plan Is 23.5%Of Payroll Or Less.inquiries may
be directed to the Human Resources Department 305-673-7524.
NOTE-See also advertisement#884,for additional public hearings occurring on May 21,2014.
Dr.Stanley Sutnick Citizen's Forum-The times for the Dr.Stanley Sutnick Citizen's Forum are 8:30 am.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 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 Conventon Center Drive,1 d Floor,
City Halt,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,14 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 pubric that:if a person decides to appeal any decision grade 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