2008-3604 OrdinanceORDINANCE NO. 2008-3604
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 SECTIONS 10-1 THROUGH 10-5, 10-11, 10-13,
AND 10-14 TO PROVIDE FOR THE ENFORCEMENT OF
VIOLATIONS OF CHAPTER 10 VIA NOTICES OF
VIOLATIONS AND SPECIAL MASTER PROCEDURES;
AMENDING THE DEFINITIONS, FINES, PENALTIES,
AND ENFORCEMENT PROVISIONS IN CHAPTER 10;
AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the control of animals in public parks and rights-of--ways is of concern to
the health, safety, and welfare of the citizens and visitors in the City of Miami Beach; and
WHEREAS, in order to provide for the more effective enforcement of existing laws
concerning the control of animals within the City, and to provide for additional provisions to
address the concerns of animals that are not properly controlled by their owners and handlers, the
following amendments to the City Code are proposed to address the quality of life concerns of
the City's residents and visitors.
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 10-1 of the Miami Beach City Code is hereby amended as follows:
Sec. 10-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Animal means any mammal, excluding humans.
Animal control officer means any person employed, hired, or appointed by the county or the city
who is authorized to investigate, on public or private property, '
c~==~'°' "" "~"°'+" "'"' +° ~~~"° °~+~`~°-~~ code violations as provided in this sec-tien chapter. An
animal control officer is not authorized to bear arms or make arrests. Animal control officer shall
include, but is not be limited to, code compliance officers, employees of the fire department, and
employees of the police department.
Control means the regulation of the possession, ownership, care and custody of animals.
Cruelty means any act of neglect, torture or torment that causes unjustifiable pain or suffering of
an animal.
Law enforcement off cer means any person who is elected, appointed or employed full-time by
the city or the state or any political subdivision thereof, who is vested with authority to bear arms
and make arrests, and whose primary responsibility is the prevention and detection of crime or
the enforcement of the penal, criminal, traffic, or highway laws of the state. This definition shall
include all part-time law enforcement officers, auxiliary law enforcement officers, and all
certified supervisory and command personnel whose duties include, in whole or in part, the
supervision, training, guidance and management responsibilities of full-time law enforcement
officers, part-time law enforcement officers, or auxiliary law enforcement officers, but does not
include support personnel employed by the employing agency.
£~a.r Notice of Violation means a written notice, issued to a person by an officer, that tie
^r~'"°"'""' "-'^'~~'~'° °~~~~° +^''°'~°°° +'~~+ the person has committed a civil infraction in violation
of ~ a„~ °,,.,,.~°a ^,.a;,,,,.,,.° a ~,~.,+ ~~,° „~.. ,,,~ ,;» ~,° .~,° ,.i.,, ° this chapter. The
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si~atien notice of violation shall contain:
(1) The date and time of issuance.
(2) The name and address of the person cited.
(3) The date and time the ^~-~'~c-tier violation was committed.
(4) The facts constituting the violation.
(5) The ordinance violated.
(6) The name of the officer.
(7) The procedure for the person to follow in order to pay the ~pe}~ fine or to e~test
appeal the citation.
{-1$}~, A s~a:~ statement that if the person fails to pay the e~i~e~lt~ fine within the
time allowed, or fails to appeal the ~ violation byre uesting an
administrative hearing with the clerk of the special master within ten (l0~days after service of
the notice of violation, lie the eU rson shall be deemed to have admitted the violation and waived
his or her right to 6entest appeal the sie~ violation and that, ' ,
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unpaid fines will result
in the imposition of liens that maybe foreclosed by the City.
Offense means a notice of violation that has not been appealed timely or a finding of a violation
a special master following the appeal of the violation.
Officer means any law enforcement officer, any veterinarian or any animal control officer.
Ordinance means any ordinance relating to the control of or cruelty to animals enacted by the
governing body of the county or the city the violation of which is a civil infraction.
Owner means the owner of any real property or improvement thereon or lessee of real property,
building or apartment, hotel, motel or condominium unit.
Premises means the legal boundaries of any real property, improvement, apartment, hotel, motel
or condominium unit, whether owned or leased.
Responsible person means any person having custody, control or ownership of an animal.
Veterinarian means a person who is licensed to engage in the practice of veterinary medicine in
the state under the authority of state law.
SECTION 2.
That Chapter 10, Section 10-2 of the Miami Beach City Code is hereby amended as follows:
Sec. 10-2. des Fines for violations of animal control ordinances; unpaid fines to
constitute lien and basis for revocation of city narking permits/decals.
(a) All violations of this chapter are civil infractions, except as otherwise provided in Sec.
10-5. Each violation of this chapter shall constitute a separate offense. Violations of this chapter
within a 12 month period will be punished as follows:
(1) For a first ~ielatien offense, b3` a ^~•~~' M°„~'*•~ ^x'$50.00 fine.
(2) For a second ~ offense within the preceding 12 months, by a sh~i~
of $100.00 fine.
(3) For each additional viela~ien offense within the preceding 12 months, by a si~il
pee€ $200.00 fine.
For purposes of this section, an offense shall be deemed to have occurred on the date that the
violation occurred. An offense occurring 12 months after the last offense shall be treated as a
first offense for purposes of incurring new fines. However any fines imposed in anv prior 12
month period shall not be waived.
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(b) The failure of z4any person •~~ to pay the appropriate ~ fine within the
time allowed or to appeal the si~a~ie~ violation shall be
a°°~~°a *^ ''^°° constitute a waivedr ;~~ghrte~rtes~t~x, ^~n of the ri t to an
administrative hearing before the special master and ~ fines may be °„*°r°a ~~-~~„~* *'~°
accessed accordingly.
~ A certified copy of an order imposing a fine may be recorded in the public records and
thereafter shall constitute a lien upon any real or personal propertv owned by the violator and it
may be enforced in the same manner as a court judgment by the sheriffs of this state, including
levy against the violator's personal propertv, but shall not be deemed to be a court judgment
except for enforcement purposes. After two months from.the recordin of any such lien that
which remains unpaid, the city may foreclose or otherwise execute upon the lien. In addition,
any order of the special master imposing a fine for a violation of Sec. 10-11 that remains unpaid
two months after the date of the order shall be grounds for the revocation of any and all
residential parking_permits or decals issued to the violator by the Cites
SECTION 3.
That Chapter 10, Section 10-3 of the Miami Beach City Code is hereby amended as follows:
Sec. 10-3. Enforcement b~~a~ie~rs; Adoption by reference.
(a) Any officer who hac Y.c~w~.e „~~ ° *^ ~°~;° ° *~~* ° ~ •** a
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observes a violation of an animal control ordinance of the city or county shall issue a chat-ien
notice of violation to that person.
(b) Any person meted-fer-A issued a notice of violation of this sec-tien chapter, except as
otherwise provided in Sec. 10-5, shall be deemed to be charged with a civil infraction ~l
(c) Any person sitec~'er issued a notice of violation under this ses~ier~ cha ter
shall sign and accept a the sitatien notice.
(d) Any person charged with a civil infraction under this section may pay the civil pen~t~
fine, either by mail or in person, within ~8 10 days of the date of receiving the ^^'*~~notice of
violation. and shall be deemed to have
admitted the infraction and to have waived his or her right to a hearing on the issue of the
commission of the h~ftastien violation.
~e,~ Article II of Chapter 5 of the Code of Miami-Dade County entitled "Dogs" is reco ized
as being in force in the City and is adopted by reference as if fully set forth herein.
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SECTION 4.
That Chapter 10, Section 10-4 of the Miami Beach City Code is hereby amended as follows:
Sec. 10-4. .Reserved.
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SECTION 5.
That Chapter 10, Sections 10-5, 10-10, and 10-13 of the Miami Beach City Code are hereby
amended as set forth below and Sections 10-6 through 10-12 are provided for reference.
Sec. 10-5. Failure to give accurate identification; Refusal to sign and accept a ^~ie~t
notice of violation.
Any person who is in violation of this Chapter and fails to give accurate information re arding
his or her identity or willfully refuses to sign a~ or accept a ^~en notice of violation issued by
an law enforcement officer shall be guilty of a misdemeanor of the second degree, punishable as
provided by F.S. § 775.082, 775.083 or 775.084.
Sec. 10-6. City declared a bird sanctuary.
(a) All territory embraced within the city is declared to be a bird sanctuary.
(b) It shall be prohibited for any person to injure, kill, hunt, destroy, capture or molest, by
any means whatsoever or in any manner or form, any bird within the city; provided, that the
chief of police may issue a special permit therefore to persons holding a valid permit to destroy
birds for scientific purposes issued by the state fish and game commission and by the United
States Fish and Wildlife Service, Department of the Interior.
(c) No person shall, at any time, within the city, make use of any pitfall, deadfall, scaffold,
cage, snare, trap, net, salt-lick, blind-pen, bait-hook, bait-field or any similar device or any drug,
poison, chemical or explosive for the purpose of injuring, capturing or killing any game birds or
wild birds.
(d) No person within the city shall take or willfully destroy the nests or eggs of any game
birds or wild birds or shall have nests or eggs of any game bird or wild bird in his possession.
5
Sec. 10-7. Keeping swine within city prohibited.
It shall be prohibited for any person to have in his possession, control, management or custody
any swine within the city.
Sec. 10-8. Keeping of animals under unsanitary conditions prohibited; notice; abatement.
It shall be prohibited for any person to pen, confine or keep any animal in the city in such place
or in such manner so that the unsightly appearance shall be objectionable or the odor and noise
caused, produced or created by such animals shall be offensive, unhealthful or objectionable to
persons of ordinary sensibility, longer than 72 hours after written notice to abate or remove such
objectionable feature from the persons offended by or objecting thereto.
Sec. 10-9. Keeping animals or vermin deleterious or harmful to public health or perilous to
public safety prohibited; exception.
It shall be prohibited for any person to keep, harbor or maintain any animal or vermin whose
natural actions and presence are or maybe deleterious or harmful to the public health or that may
imperil the public safety; provided, that this section shall not apply to circuses, carnivals or
similar enterprises engaged in the exhibition of animals.
Sec. 10-10. Animals prohibited in public parks and on beaches.
It shall be prohibited for any person to take any animal into, or to keep any animal in or upon,
any public park or public beach in the city, except for areas reasonably designated by the city
manager. Animals under the custody and control of a law enforcement officer and service dogs
accompanying a disabled person are excluded from this section.
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.
Sec. 10-12. Committing nuisances prohibited.
It shall be unlawful for an owner or a responsible party to permit any animal to commit a
nuisance of any kind or character upon any public property within the city or any private
property other than the property of the owner or responsible party of the animal. "Nuisance" for
the purposes of this section shall include but not be limited to defecation and/or urination.
6
Sec. 10-13. Removal of animal defecation.
(a) Any person owning, possessing, harboring or having the care, charge, control or custody
of any animal shall immediately remove and thereafter dispose of any fecal matter deposited by
the animal on public or private property (other than the property of the owner or responsible
party of the animal) unless the owner or person in lawful possession of the property has
consented to such deposit. For the purpose of this section, animal fecal matter shall be
immediately removed by placing the matter in a closed or sealed container and thereafter
disposing of it by depositing the matter in a trash receptacle, sanitary disposal unit, or other
closed or sealed container.
(b) This section shall not apply to bid disabled persons accompanied by a service dog used
for their assistance.
SECTION 6.
That Chapter 10, Section 10-14 of the Miami Beach City Code is hereby amended as set forth
below and Sections 10-15 and 10-16 are provided for reference.
Sec. 10-14. Certain noises prohibited.
{~} It shall be prohibited to keep any animal or bird that, '~~• ^^„~;r„ ~-°^~•°~* °-
~~ ~~
' makes noise that violates Sec. 46-152 of
the City Code.
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Sec. 10-15. Keeping 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 nothing herein contained shall
be construed so as to prohibit the keeping, stabling, harboring or maintaining 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
manager or his/her designee, in writing, 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
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shall there be more than four dogs residing 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 zoning district that allows
such a use.
SECTION 7. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 8. 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 9. 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 maybe renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 10. EFFECTIVE DATE.
This Ordinance shall take effect the 26th day of April , 2008.
PASSED and ADOPTED this 16th day of April , 2008.
ATTEST:
~,/~
R Matti Herrera Bower
CITY CLERK ROBERT PARCHER APPR~VE~ ~ ~
FORHII $e E~N~1~~3E
_ 8~ FAR EX~lITIOP!
F:~atto\TURN\ORDINANC\Animals.doc. Libbin.doc
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8
COMMISSION ITEM SUMMARY
Condensed Title:
An ordinance amending Chapter 10 of the Miami Beach City Code entitled "Animals".
Key Intended Outcome Supported:
Increase community satisfaction with city services.
Supporting Data (Surveys, Environmental Scan, etc.): When residents were asked how the government was meeting
their needs, 61 % rated this as excellent or good.
Issue:
Shall the Ma or and Ci Commission ado t the ordinance?
item 5ummary~Kecommenaaiion: ~71~V~./I~ILJ RCr+LJ11Y17 rU6LlV nCAKlrvb
The proposed ordinance amends various provisions contained in Chapter 10 concerning code violations relative to
animals, but specifically dogs, and enforcement. Commissioner Jerry Libbin referred a proposed ordinance amending
certain provisions of Chapter 10 to the Neighborhoods/Community Affairs Committee for discussion. The Committee
initially considered the proposed ordinance at their meeting of November 14, 2007. At that time, the discussion included
possible provisions for off-leash areas. Following discussion and input from interested persons, the committee tasked
the administration and our legal department with resolving issues relating to how to enforce the ordinance, and
identifying staff other than police officers to issue notices of violation, such asCity-contracted security guards. Chapter
10 has not been amended in a decade. On February 27, 2008, the proposed ordinance was further discussed and
amended at the Neighborhoods/Community Affairs Committee. Specifically, the issue discussed by committee
members was to create a mechanism to enforce existing city animal ordinances. Currently, the way the existing Code is
written, all violations that result in complaints had to be sent to Miami-Dade County Court. Because of the process this
involved, the City has not been pursuing these complaints in County Court. The Committee's interest was to look at
language that would allow the City to issue code violations for violations of Chapter 10. In addition, the discussion
included expanding who would be able to issue a code violation, to include code compliance officers, City-contracted
security guards and, of course, police officers. The issuance of code violations would mean that violations issued would
go to through the Special Master process, as is the case with all other code violations issued. The ordinance: defines
Animal Control Officer to include "hired" staff; makes code violations the mechanism to address infractions of this
provision of the Code; establishes a fine schedule for offenses that are deemed violations; provides the violator with
rights with regards to appeal of any notice of violation, namely the use of the Special Master process; references the
ability of the City to impose liens on non-homestead properties forjudgments on unpaid fines; incorporates Article II of
Chapter 5 of the Code of Miami-Dade County as being in force in the City and is adopted by reference fully; includes a
provision for enforcement of instances when violators fail to give accurate identification or refuses to sign or accept a
notice of violation; makes it a misdemeanor violation if a violator that fails to provide I D or to sign for a violation issued
by a law enforcement officer; clarifies that Sections 10-10 and 10-13(b) do not apply to animals under the custody and
control of a law enforcement officer and service dogs accompanying disabled persons. The ordinance allows that, in
addition to liens as a mechanism to recover unpaid fines, the City may revoke residential parking permits.
advisory Board Recommendation:
On November 14, 2007, the item was introduced and discussed. The committee tasked the administration with
resolving issues relating to how to enforce the ordinance and finding staff other than police officers to issue notices of
violation. On February 27, 2008, the proposed ordinance was further discussed and amended at the
Neighborhoods/Community Affairs Committee, and forwarded to Commission for first reading. The ordinance was
referred to the Neighborhoods Committee for further discussion prior to second reading. It was considered by the
Committee on March 26, 2008 and forwarded for 2nd reading.
Financial Information:
Source of Amount Account
Funds: 1
OBPI Total
Financial Impact Summary: Calculation of revenue from. fines cannot be estimated, as this provision of the Code has
not been traditionally enforced. However, as this amendment includes a fine schedule, and as it is expected that
additional enforcement resources may become available (e.g. security guards), it is possible that new revenues will be
enerated.
Ci Clerk's Office Le islative Trackin
Hilda Fernandez
Sign-Offs•
Department Director si nt City Manager City anager
J
/~ ~ ~ ~~ JJ AGENDA ITEM RsC
~~ ~ ~/ ~ (~ DATE ~I~I6-O g
m MIAMIBEACH
City of Miami Beath, 1700 Convention Center Drive, Miami Beoch, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: May atti rrera ower and M tubers of the City Commission
FROM: ~J'Org .Gonzalez, City Manager
SECOND READING
DATE: .April 16, 2008 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 SECTIONS 10-1 THROUGH 10-5,10-11,10-13,
AND 10-14 TO PROVIDE FOR THE ENFORCEMENT OF VIOLATIONS OF CHAPTER 10
VIA NOTICES OF VIOLATIONS AND SPECIAL MASTER PROCEDURES; AMENDING
THE DEFINITIONS, FINES, PENALTIES, AND ENFORCEMENT PROVISIONS IN
CHAPTER 10; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the ordinance.
BACKGROUND
The proposed ordinance amends various provisions contained in Chapter 10 concerning code
violations relative to animals, specifically dogs, and enforcement. Commissioner Jerry Libbin referred
a proposed ordinance amending certain provisions of Chapter 10 to the Neighborhoods/Community
Affairs Committee for discussion. The Committee initially considered the proposed ordinance at their
meeting of November 14, 2007. At that time, the discussion included possible provisions for off-leash
areas. Following discussion and input from interested persons, the committee tasked the
administration and our legal department with resolving issues relating to how to enforce the
ordinance, and identifying staff other than police officers to issue notices of violation, such as City-
contracted security guards. Various provisions in Chapter 10 have not been amended in decades.
On February 27, 2008, the proposed ordinance was further discussed and amended at the
Neighborhoods/Community Affairs Committee. Specifically, the issue discussed by committee
members was to create a mechanism to enforce existing city animal ordinances. Currently, the way
the existing Code is written, all violations that result in complaints had to be sent to Miami-Dade
County Court. Because of the process this involved, the City has not been pursuing these complaints
in County Court. The Committee's interest was to incorporate language that would allow the City to
issue code violations for violations of Chapter 10 and seek enforcement of those violations via the
Special Master process, as is the case with all other City code violations. In addition, the discussion
included expanding who would be able to issue a code violation, to include code compliance officers,
City-contracted security guards and, of course, police officers.
At the time that the ordinance was heard on first reading on March 12, 2008, there was discussion
regarding any provision in the proposed ordinance for off-leash areas. In addition, there were
questions regarding the issuance of violations by City-contracted security guards. The ordinance was
approved on first reading but referred to the Neighborhoods/Community Affairs Committee for
discussion. The Committee discussed the ordinance and recommended that it be heard on second
reading as noticed.
Page 2 of 3
Animal Ordinance
PROPOSED ORDINANCE
The proposed ordinance amends Sections 10-1 through 10-5, 10-11, 10-13 and 10-14 as follows:
• Definition of Animal Control Officer: the definition has been expanded to include persons "hired,"
to permit the use ofCity-contracted security guards. The definition also deletes references to civil
infractions and references code violations, as code violations will become the mechanism to
address infractions of this provision of the Code;
• The term "violation" has been incorporated throughout to reflect the change to the use of code
violations;
• Changes in the definition of Notice of Violation include the replacement of civil penalty with fine;
• Deletion of (8) and (9) of the definition of Notice of Violation to reflect that a civil penalty is no
longer the mechanism to address infractions of this provision of the Code, and thus those
remedies are no longer applicable;
• Definition of offense has been included; this definition reflects that an offense is a notice of a
violation that has not been appealed in a timely manner, or a finding of a violation by the Special
Master;
• Section 10-2 has been amended to establish a fine schedule for offenses that are deemed
violations. As you will note, the fines begin at $50, and up to $200 for three or more offenses
within a 12-month period;
• Section 10-2 (b) references the violator's rights with regards to appeal of any notice of violation,
namely the use of the Special Master process. Unpaid fines constitute liens that can be
foreclosed by the City. As clarified by the City Attorney's office at the Committee meeting, as long
as someone owns non-homestead property in the state of Florida, the City can enforce the lien
and attempt collection;
• Section 10-3 is amended to adopt the provisions relating to notices of violations in lieu of citations
for infractions; language incorporating Article II of Chapter 5 of the Code ofMiami-Dade County is
recognized as being in force in the City and is adopted by reference;
• Section 10-4 is amended to reflect the deletion of language that applies to civil penalties, which
are no longer proposed as the mechanism to address infractions of this provision of the Code;
• Section 10-5 is further amended to include a provision for enforcement of instances when
violators fail to give accurate identification or refuses to sign or accept a notice of violation. As
proposed, a violator that fails to provide ID or to sign for a violation issued by a law enforcement
officer shall be guilty of a misdemeanor and subject to punishment as set forth in FS 775.082,
775.083 or 775.084. Please note that this does not apply in instances when violators fail fo
provide identification and/orsign fora violation issued by an animal control officerotherthan alaw
enforcement officer (e.g. code compliance officer, City-contracted security guard, etc.); failure to
provide such information to a code compliance officer or a security guard does not constitute a
misdemeanor;
• Sections 10-10 and 10-13(b) are amended to reference that animals under the custody and
control of a law enforcement officer and service dogs accompanying disabled persons are
excluded from these two specific sections;
• Section 10-2(c) was added to the ordinance to mirror language that is in Chapter 30 and in other
recently-adopted ordinances. The last sentence of the section adds a new, additional penalty
option in addition to a lien, namely the revocation of residential parking permits or decals issued to
violators.
FISCAL IMPACT
Calculation of revenue from fines cannot be estimated, as this provision of the Code has not. been
traditionally enforced. However, as this amendment includes a fine schedule, and as it is expected
that additional enforcement resources may become available (e.g_, security guards), it is possible that
new revenues will be generated.
Page 3 of 3
Animal Ordinance
CONCLUSION
The intent of this proposed ordinance is to create an enforcement mechanism to address the
provisions of Chapter 10. The Administration recommends adopting the ordinance.
JMG/HMFNPG
T:\AGENDA\2008Wpril 16\Regular\AnimalOrd2ndReadingmemo.doc
-CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that a second reading and public hearings will be held by the Mayor and City Commission of the City
of Miami Beach, Florida, in the Commission Chambers, 3M floor, City Ha11,1700 Convention Center Dnve, Miami Beach, Florida,
on Wednesday, April 16, 2008, to consider the following: ~,
40:45 a.m.
An Ordinance Deleting, In Its Entirety, Article III, Division 28, Section 2-190.127 Of The Miami Beach Code, Which Established The
General Obligation Bond Oversight Committee, And Replacing Same With A New Section 2-190.127; Said New Section
Sunsetting The General Obligation Bond Oversight Committee And Replacmg R With A New Committee, To Be i(nown As The
Ce~ital Improvements Projects Oversight Committee; Further Establishing The Purpose And Membership Composition For Said
New Committee.
may be directed to the City Attorney's Office at (305) 673-7470.
5:01 p.m:
An Ordinance Amending Chapter 10 Of The Miami Beach City Code Entitled "Animals," By Amending Sections 10-1 Through 10-
5, 10-11, 10-13, And 10-14 To Provide For The Erdorcement Of Ywlations Of Chapter 10 Ya Notices Of Volations And Special
Master Procedures; Amending fie Definitions, Fines, Penalties, And Enforcement Provisions In Chapter 10.
Inquiries may be directed to the City Manager's Office of (305) 673-7010.
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, C'dy Hail, and Miami Beach, Florida 33139. This meeting may be continued and under
such circumstances additional legal notice would not be provided.
Robert E. percher, City Clerk
C'dy of Miami Beach
Pursuant to Sectian.286.0105, Fla. Stet., the City hereby advises the public that: 'd a person decides to appeal any decision
made by"the City Commission with respect to any matter considered at i6s 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 consFdute consent by the City for the introduction or admission of otherwise inadmissible or irrele-
vant 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)673-7216(TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida
Relay Service).
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