2003-3404 Ordinance
ORDINANCE NO,
2003-3404
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
142 OF THE MIAMI BEACH CITY CODE ENTITLED "ZONING
DISTRICTS AND REGULATIONS" ARTICLE IV THEREOF
ENTITLED "SUPPLEMENTARY DISTRICT REGULATIONS,"
DIVISION 1 ENTITLED "GENERALLY," SECTION 142-876,
"KEEPING LIVESTOCK PROHIBITED," AND SECTION 142-877,
"MAXIMUM NUMBER OF ANIMALS ON PREMISES," BY
DELETING THESE SECTIONS AND TRANSFERRING THESE
PROVISIONS TO CHAPTER 10; AND AMENDING CHAPTER 10
ENTITLED "ANIMALS," BY CREATING SECTION 10-15
"KEEPING LIVESTOCK PROHIBITED," INCLUDING A
PROVISION THAT THE MAINTAINING OF LIVESTOCK FOR
PUBLIC EVENTS FOR TEMPORARY PERIODS OF TIME MAY BE
ALLOWED, AS APPROVED BY THE CITY MANAGER OR
HIS/HER DESIGNEE; AND CREATING SECTON 10-16 "MAXIMUM
NUMBER OF ANIMALS ON PREMISES;" PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE,
WHEREAS, the City's Land Development Regulations include certain provisions conceming
livestock that more appropriately should be transferred to Chapter 10 of the Code; and
WHEREAS, Section 142-876 of the Miami Beach City Code regarding the keeping of
livestock provides that livestock and other animals utilized for public events may be permitted for
temporary periods of time as approved by the City Commission; and
WHEREAS, in order to facilitate the approval process whereby animals and livestock may be
utilized for certain temporary and public events, such requests for approval should be changed from
the City Commission to the City Manager or his/her designee; and
WHEREAS, this Ordinance accomplishes the purposes set forth above.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA as follows:
SECTION 1. That Section 142-876 entitled "Keeping Livestock Prohibited" of Chapter 142 of
the Miami Beach City Code is hereby amended as follows:
Chapter 142, Zoning Districts and Regulations
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ARTICLE IV, SUPPLEMENTARY DISTRICT REGULATIONS
Division I. Generally
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1 of 3
SeG, 142 876, Keeping IivestoGk prohibited.
It shall be prohibited for any person to keep, stable, harbor or maintain any horse, poultry,
livestool( or farm animals in any distriot, prm/ided, however, that nothing heroin contained shall be
oonstrued so as to pr-ohibit the keeping, stabling, harboring or maintaining of any horce, poultry,
livectook or farm animals in suoh districtc for public events suoh as cirousec, shows and similar
eventc, or in any speoial caces, for tempor.my periods of time, as appro'lee by the City oommiscion.
Section 2, That Sec. 142-877 is hereby amended as follows:
SeG,142877, Maximum number of animals on premises,
It shall be unlawful for any owner or responsible person to keep, maintain or harbor more
than ten domestio animals on tho promises of the owner or responsible person; however, ot no time
shall there be more than four dogs on the premises of the owner or responsible person. This section
doos not include animal hospitals, pet stores or kennels whioh possesc a ';alid oooupationollioense
to opeFOte suoh businesses and are loooted in a zoning distriot whioh allows suoh a use.
SECTION 3, That Chapter 10 "Animals," is hereby amended by adding new sections 10-15 and 10-
16 as follows:
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Section 10-15, Keepina livestock prohibited,
It shall be prohibited for any person to keep, stable, harbor or maintain any horse. poultry.
livestock or farm animals in any district. provided. however. that nothina herein contained shall be
construed so as to prohibit the keepina, stablina, harborina or maintainina of any horse. poultry,
livestock or farm animals in such districts for public events such as circuses, shows and similar
events. or in any special cases. for temporary periods of time. as approved by the City Manaaer or
his/her desianee. in writina. in advance of such events.
Sec. 10-16, Maximum number of animals on premises,
It shall be unlawful for any owner or responsible person to keep. maintain or harbor more
than ten domestic animals on the premises of the owner or responsible person; however. at no time
shall there be more than four doas residina on the premises of the owner or responsible person.
This section does not include animal hospitals, pet stores or kennels that possess a valid
occupational license to operate such businesses and are located in a zonina district that allows such
a use.
SECTION 4, CODIFICATION,
It is the intention of the City Commission, and it is hereby ordained that the provisions of this
Ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that
the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and
that the word "ordinance" may be changed to "section" or other appropriate word.
20f3
SECTION 5, REPEALER,
That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 6. SEVERABILITY,
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 7, EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this 9th day of
,2003,
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CITY CLERK
First Reading:
Second Reading:
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
~ >-IO-OY
% City Attorney Date
Verified by:
Jorge G. Gomez, AICP
Planning Director
Underscore denotes new language
StrikethroLJgh denotes deleted language
F:\PLANI$PLB\DRAFT ORDINANCES\ 1604 LIVESTOCK ORD.DOC
3of3
CITY OF MIAMI BEACH
CD 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, or
Wednesday, April 9, 2003, at the times listed below to consider the following on first reading:
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10:30 a.m,:
AN ORDINANCE AMENDING CHAPTER 142 OF THE MIAMI BEACH CITY CODE ENTITLED "ZONING DISTRICTS AND
REGULATIONS" ARTICLE IV THEREOF ENTITLED "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 1 ENTITLED
"GENERALLY," SECTION 142-876, "KEEPING LIVESTOCK PROHIBITED," AND SECTION 142-877, "MAXIMUM NUMBER
E OF ANIMALS ON PREMISES," BY DELETING THESE SECTIONS AND TRANSFERRING THESE PROVISIONS TO
~ CHAPTER 10; AND AMENDING CHAPTER 10 ENTITLED "ANIMALS," BY CREATING SECTION 10-15 "KEEPING
'tl LIVESTOCK PROHIBITED," INCLUDING A PROVISION THAT THE MAINTAINING OF LIVESTOCK FOR PUBLIC EVENTS
III FOR TEMPORARY PERIODS OF TIME MAY BE ALLOWED, AS APPROVED BY THE CITY MANAGER OR HIS/HER
~ - DESIGNEE; AND CREATING SECTION 10-16 "MAXIMUM NUMBER OF ANIMALS ON PREMISES"; PROVIDING FOR
.c CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
~
~ Inquiries may be directed to the Planning Department at (305) 673-7550.
~
'tl at 10:35 a,m.:
f AN ORDINANCE REPEALING SECTIONS 2-190,56. THROUGH 2-190.59, OF DIVISION 22 ENTITLED "NUISANCE
~ ABATEMENT BOARD," OF ARTICLE III ENTITLED "AGENCIES, BOARDS AND COMMITTEES," OF MIAMI BEACH CITY
.! CODE CHAPTER 2 ENTITLED "ADMINISTRATION"; REPEALING SECTION 70-181 ENTITLED "DEFINITIONS," OF MIAMI
,.. ,BEACH CITY CODE CHAPTER 70 ENTITLED "MISCELLANEOUS OFFENSES"; AND REPEALING SECTIONS 70-231
., I THROUGH 70-235 OF DIVISION 3 ENTITLED "ABATEMENT PROCEDURES," OF ARTICLE IV, ENTITLED "CRIMINAL
:I NUISANCES," OF MIAMI BEACH CITY CODE CHAPTER 70 ENTITLED "MISCELLANEOUS OFFENSES"; PROVIDING FOR
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
Inquiries may be directed to the Legal Department at (305) 673-7470.
ALL 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 Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. This meeting may be continued and
under such circumstances additional legal notice would not be provided.
Robert E. Parcher, City Clerk
City of Miami 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,
\
In accordanc~ with the Americans with Disabilities Act of 1990, persons needing special accommodation to participate in this
proceeding, or to request information on access for persons with disabilities, or to request this publication in accessible format,
or to request sign language interpreters, should contact the City Clerk's office at (305) 673-7411, no later than four days prior
to the proceeding. If hearing impaired, contact the City Clerk's office via the Florida Relay Service numbers,
(800) 955-8771 (TTY) or (800) 955-8770 (VOICE).
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CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
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Condensed Title:
An Ordinance of the Mayor and City Commission amending Chapter 142 by deleting from the Land
Development Regulations of the City Code Sections 142-876 and 142-877, "Keeping Livestock Prohibited,"
and "Maximum number of Animals," respectively, and amending Chapter 10 "Animals," by creating
Subsections 10-15 and 10-16 in order to transfer the language to these sections, adding a provision giving
the Ci Mana er authorit to a rove the tem ora use of livestock for ublic events.
Issue:
Should the City Commission consider amending the Land Development Regulations by transferring from
the Land Development Regulations on to Chapter 10, regulations that are more appropriate in this Chapter
which deal with animals in general, and to grant the City Manager authority, instead of the City
Commission, to a rove the tem ora use of livestock for ublic events?
Item Summary/Recommendation:
When the 1964 City Code was re-codified in 1998, sections that were included in the old Chapter 4 dealing
with animals and fowl and the keeping of livestock in residential zones were editorially included in Chapter
142 (LDRs) rather than in Chapter 10, "Animals."
The Administration recommends that the City Commission approve the ordinance.
Adviso Board Recommendation:
Planning Board - February 25, 2003 voted 6-0 (one member absent) to recommend to the City
Commission approval of the proposed ordinance, with a minor modification which has been incorporated in
the ro osed ordinance.
Financial Information:
Source of Amount Account Approved
Funds: 1
D 2
3
4
Finance Dept. Total
Ci Clerk's Office Le islative Trackin :
Mercy Lamazares/Jorge G. Gomez, Planning Department
Si n "()ffs:
Department Director
Assistant City Manager
City Manager
T:
AGENDA ITEM
DATE
f?5A
lI- 9-03
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
COMMISSION MEMORANDUM
To:
Mayor David Dermer and
Members of the City Commission
Date: April 9, 2003
From:
Jorge M, Gonzalez J ~
City Manager
( Second Reading - Public Hearing
Livestock - striking the sections from the LDRs and transferring to Chapter 10,
"Animals"
Subject:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142 OF THE MIAMI
BEACH CITY CODE ENTITLED "ZONING DISTRICTS AND
REGULATIONS" ARTICLE IV THEREOF ENTITLED "SUPPLEMENTARY
DISTRICT REGULATIONS," DIVISION 1 ENTITLED "GENERALLY,"
SECTION 142-876, "KEEPING LIVESTOCK PROHIBITED," AND
SECTION 142-877, "MAXIMUM NUMBER OF ANIMALS ON PREMISES,"
BY DELETING THESE SECTIONS AND TRANSFERRING THESE
PROVISIONS TO CHAPTER 10; AND AMENDING CHAPTER 10
ENTITLED "ANIMALS," BY CREATING SECTION 10-15 "KEEPING
LIVESTOCK PROHIBITED," INCLUDING A PROVISION THAT THE
MAINTAINING OF LIVESTOCK FOR PUBLIC EVENTS FOR TEMPORARY
PERIODS OF TIME MAY BE ALLOWED, AS APPROVED BY THE CITY
MANAGER OR HIS/HER DESIGNEE; AND CREATING SECTION 10-16
"MAXIMUM NUMBER OF ANIMALS ON PREMISES;" PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE
DATE,
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the proposed ordinance.
BACKGROUND
This amendment to the City Code stems from a request made by the City Commission so
that the City Manager, instead of the City Commission, approves the temporary use offarm
animals for public events. The request requires that the Land Development Regulations
(LDRs) be amended to include that provision. The City Attorney's office prepared an
ordinance that was presented to the Commission on December 11, 2002, However,
because the ordinance amends the LDRs, it could not be acted upon before the Planning
Board made its recommendation. For this reason, the ordinance was referred to the
Planning Board at that time.
Commission Memorandum
April 9, 2003
Second reading public hearing - Livestock
Page 2 of 2
ANALYSIS
In reviewing the genesis ofthe livestock animals' sections as they appear in the LDRs, staff
found that these sections used to be included in Chapter 4, "Animals and Fowl" of the 1964
City Code. When the 1964 City Code was recodified in 1998, the old Section 4-6,11,
"Keeping livestock in residential zones prohibited," as well as Section 4-8, "Maximum
amount of animals on premises" were editorially included in Chapter 142, "Zoning Districts
and Regulations," rather than in Chapter 10 "Animals."
The Administration believes that Subsections 142-876 and 142-877 are improperly
included in, and should be eliminated from, the LDRs and transferred to Chapter 10,
"Animals." The proposed ordinance includes the provision requested by the City
Commission that the City Manager be vested with the authority to review and approve the
temporary use of farm animals for special events; i.e. festivals, fairs, circus and similar.
The proposed ordinance deletes subsections 142-876 and 142-877 from the Land
Development Regulations of the Code, while at the same time creates new subsections in
Chapter 10 "Animals," incorporating the language that is being deleted from the LDRs. The
proposed ordinance also adds a provision for the City Manager to review and approve the
temporary use of farm animals for special events.
PLANNING BOARD ACTION
At the February 25,2003 meeting, the Planning Board recommended approval (6-0, one
absence) of the ordinance with a minor modification to Section 10-16 indicating that no
more than four dogs "residing" on the premises shall be permitted. The reason for this
modification is to avoid problems that may surface when stray dogs wander in someone's
property, or when visitors come with their dogs and there may be more than four animals
on the premises.
CITY COMMISSION ACTION
At the March 19,2003 meeting, the Commission approved the proposed ordinance on first
reading.
CONCLUSION
Pursuant to Section 118-164 (3) of the City Code, since the proposed ordinance does not
change the actual list of permitted, conditional or prohibited uses in a zoning category, the
ordinance may be read by title or in full on at least two separate days, and shall be noticed
in a newspaper of general circulation at least ten days prior to adoption, Immediately
following the public hearing at the second reading, the Commission may adopt the
ordinance by a 5/7ths vote.
JMG/~JGG/ML
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