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Ordinance 2018-4212ORDINANCE NO. 2018 -4212 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE III, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY AMENDING DIVISION 22, AND SECTIONS 2- 190.56 THROUGH 2- 190.60 THEREOF, ENTITLED "RESERVED," TO ESTABLISH THE "MIAMI BEACH ANIMAL WELFARE COMMITTEE," AND TO SET FORTH THE PURPOSE, POWERS AND DUTIES, COMPOSITION, AND SUPPORTING DEPARTMENT FOR THE COMMITTEE; AND, PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the welfare of stray and abandoned animals in the City of Miami Beach is a matter of concern in our community, and a committee should be established to study and make recommendations to the City Commission regarding animal welfare programs and community solutions to issues affecting the well -being of such animals. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Section 2- 190.56 through 2- 190.60 of Article III of Chapter 2 of the Code of the City of Miami Beach is hereby amended as follows: CHAPTER 2 ADMINISTRATION ARTICLE III. AGENCIES, BOARDS AND COMMITTEES DIVISION 22. Reserved. Miami Beach Animal Welfare Committee Sec. 2- 190.56. Reserved. Established. There is hereby established the Miami Beach Animal Welfare Committee which is an advisory board of the City. Sec. 2- 190.57. Reserved. Purpose. The purpose of the Miami Beach Animal Welfare Committee is to provide a forum to discuss and analyze issues affecting stray and abandoned animals in the City, and to provide recommendations to the Mayor and City Commissioners on issues and programs that address the welfare of the City's stray and abandoned animal population. Sec. 2- 190.58 Reserved, Powers and duties. The Miami Beach Animal Welfare Committee shall have the following powers and duties: To serve in an advisory capacity to the Mayor and City Commission with regard to issues and programs affecting the City's stray and abandoned animal population including, but not limited to, population control, feeding programs, methods of accommodation and shelters, spay and neutering programs, grant programs, relocation efforts, and animal well -being programs. (b) To research, discuss, and formulate recommendations on issues, activities, and programs concerning stray and abandoned animals in the City. (c) To provide recommendations regarding existing or proposed legislation, ordinances, resolutions, and policies regarding stray and abandoned animals in the City. (d) To obtain input from other animal welfare organizations in the City and in other cities, counties, states, and countries to collaborate on shared issues and interests, and to develop new ideas for animal welfare programs, activities, and initiatives concerning stray and abandoned animals. Sec. 2- 190.59. ResefvedT Composition. The Miami Beach Animal Welfare Committee shall be composed of nine (9) voting members as follows: a). Seven 7 direct a 11 ointments with the Ma or and Cit Commissioners each making one appointment. b). Two (2) members shall be appointed as follows: 11 An individual who shall be recommended by the Miami Beach Animal Advocates, Inc., and ratified by the City Commission. 2.1 An individual who shall be recommended by Sobe Cats Spay & Neuter, Inc. and ratified by the City Commission. 2 Sec. 2- 190.60. Reserved. Supportinq Department. The supporting department for the Miami Beach Animal Welfare Committee shall be the Public Works Department. 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, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. 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 part of the Miami Beach City Code. The sections of this ordinance may be renumbered or relettered 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 on the Z2 day of geio1'm 2018. PASSED AND ADOPTED this fa day of 5:e/97L-em her , 2018. ATTEST: ION if Rafael E. Granado, City Clerk Underline denotes additions Strikcthrough denotes deletions er, Mayor INCCBP1CBATGD (Sponsored by Vice -Mayor Mark Samu APPROVED AS TO * -ORM & LANGUAGE J& FOR XE UTION City Attorney Date (Co- sponsored by Mayor Dan Gelber and Commissioners John Elizabeth Aleman, Ricky Arriola, Michael Gongora, Kristen Rosen Gonzalez, and Micky Steinberg) F:\ATTO \TURN \ORDINANCE\Animal Welfare Committee Ordinance 2nd Rdg...docx 3 AAM BEACH Ordinances - R5 F COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J. Aguila, City Attorney DATE: September 12, 2018 1 :35 p.m. Second Reading Public Hearing SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE III, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY AMENDING DIVISION 22, AND SECTIONS 2- 190.56 THROUGH 2- 190.60 THEREOF, ENTITLED "RESERVED," TO ESTABLISH THE "MIAMI BEACH ANIMAL WELFARE COMMITTEE," AND TO SET FORTH THE PURPOSE, POWERS AND DUTIES, COMPOSITION, AND SUPPORTING DEPARTMENT FOR THE COMMITTEE; AND, PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. RECOMMENDATION Pursuant to the request of Vice -Mayor Mark Samuelian, the above- referenced Ordinance is submitted for consideration on Second Reading /Public Hearing by the Mayor and City Commission. The Ordinance passed unanimously on First Reading at the July 25, 2018 City Commission. The creation of an animal welfare committee was referred to the Neighborhood /Community Affairs Committee (NCAC), and was discussed by the NCAC and received a favorable recommendation at its April 4, 2018 meeting. Although the City Commission passed a Resolution at its June 6, 2018 meeting imposing a six - month moratorium on the creation of new standing committees, the creation of the Miami Beach Animal Welfare Committee was specifically excluded from the moratorium. The Public Works Department has advised that existing resources will be utilized to provide support to the Committee. Legislative Tracking Office of the City Attorney Sponsor Vice -Mayor Samuelian & Co- sponsored by Commissioners Gongora, Rosen Gonzalez, Aleman, & Page 958 of 1802 Steinberg ATTACHMENTS: Description o Animal Welfare Ord. 2nd Rdg. Page 959 of 1802