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2009-3646 OrdinanceORDINANCE NO. 2009-3646 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 10-10, ENTITLED "ANIMALS PROHIBITED IN PUBLIC PARKS AND ON BEACHES" BY CLARIFYING THAT THE CITY MANAGER MAY DESIGNATE ENCLOSED DOG PARKS IN PUBLIC PARK AREAS; AMENDING SECTION 10-11, ENTITLED "RUNNING AT LARGE PROHIBITED" BY PROVIDING THAT THE CITY COMMISSION MAY DESIGNATE A SPECIFIC OFF-LEASH AREA FOR DOGS IN SOUTH POINTE PARK; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, at the January 28, 2009, Commission meeting, the Administration requested the matter of dogs off-leash in City parks and other public properties in general, be referred to the Neighborhoods/ Community Affairs Committee for discussion; and WHEREAS, subsequently, there were on-going discussions at the Neighborhoods/ Community Affairs Committee meetings concerning this issue; and WHEREAS, the most recent discussion concerning the establishment of a dog park and off-leash hours in South Pointe Park was held at the June 3, 2009 Commission meeting and, following discussion by the Commission, Administration, and interested residents, two motions were adopted; and WHEREAS, the motions directed the Administration to make a permanent dog park at 2"d and Washington Avenue, to appropriate the funds for its construction, and to establish morning off-leash hours before 9:00 A.M. in the triangular area south and west of the Washington Avenue entry plaza (where the Iceberg artwork was to be sited) in South Pointe Park; and WHEREAS, the off-leash hours would be subject to the County's approval (amendment of the related County ordinance) and based on a six month trial period, with an interim report to the Commission by the Administration after three months; and WHEREAS, as instructed, a conference call was held on June 18, 2009, between City Administration and Legal staff and representatives from Miami-Dade County's Administrative and Legal staff to determine the action steps necessary to amend the relevant section(s) of the County Code to allow the City to permit dogs off-leash in parks; and WHEREAS, the County Attorney explained that the process would require amending Section 5-20 of the County Code, which amendments could be presented to the County Commission for a first reading. Thereafter, the proposed amendments would need to go to a sub-committee for discussion, and then back to the full County Commission for a second final reading and approval; and WHEREAS, according to County Staff, the earliest the County Code amendments could be adopted would be October and more likely November, assuming there were no objections to the amendments in the process; and WHEREAS, in anticipation of Miami-Dade County amending Section 5-20 in their County Code, the City Administration and Legal Department began drafting corresponding amendments to the City's Code, as set forth herein, clarifying the City Manager's authority to designate enclosed dog parks in public park areas and enabling the City Commission to designate a specific area of South Pointe Park as an off-leash area for dogs, subject to the County Code amendment. 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 10-10 of the Miami Beach City Code is hereby amended as follows: 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 enclosed ublic park areas reaseaab4y specifically designated for dogs 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. SECTION 2. That Chapter 10, Section 10-11 of the Miami Beach City Code is hereby amended as follows 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 except that in South Pointe Park for a six month pilot program in the triangular area south and west of the Washington Avenue entry plaza dogs may be off-leash from sunrise to 9'00 a m or during such other hours as may be specifically designated by a resolution of the city commission after a public hearing. The exception in this section shall only be effective if permitted by the County Code. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. 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. 2 SECTION 5. 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 6. EFFECTIVE DATE. This Ordinance shall take effect the ~ ~ day of S~~~n~ bCr , 2009. PASSED and ADOPTED this ~ day of stp~m be,r , 2009. ATTEST: ~ r ~~ A T HERRERA BOWER ~/ . G~ MAYOR ROBERT PARCHER, CITY CLERK Underline denotes additions and ~+~~'-gig" denotes deletions ~ ~: ~X~~UTstin! ~,.,.. f,. l ~ uQ .., F:\atto\TURN\ORDINANCW.nimals -Dog Parks Ordiance Amendments Reso.7-15-09.doc Condensed Title: COMMISSION ITEM SUMMARY An Ordinance amending Chapter 10 of the Miami Beach City Code entitled "Animals" by amending Section 10-10, entitled "Animals Prohibited In Public Parks And On Beaches" by providing that the City Manager may designate Dog Parks in public park areas and amending Section 10-11, entitled "Running At Large Prohibited" by providing that the City Commission may designate a specific off-leash area for dogs in South Pointe Park. SECOND READING PUBLIC HEARING mtenaea outcome Increase Satisfaction with Recreational Programs Supporting Data (Surveys, Environmental Scan, etc) Nearlytwo-fifths of all respondents, 37.3%, feel the "18 year of age and under" demographic should benefit most from limited resources during tough economic times, while nearly as many respondents selected programs for 19-64 should be benefit (36.6%) and 26.1 % reported the "65 years of age or older" demographic should benefit most. Issue: Shall the Ma or and Cit Commission amend Cha ter 10 of the Miami Beach Cit Code as ro osed? Item Summa /Recommendation: At the January 28, 2009, Commission meeting, the Administration requested the matter of dogs off leash in City parks and other public properties in general, be referred to the Neighborhoods/ Community Affairs Committee for discussion. Subsequently, there were on-going discussions at the Committee meetings concerning this issue. A discussion concerning the establishment of a dog park and off-leash hours in South Pointe Park was held at the June 3, 2009, Commission meeting. Following a discussion two motions were adopted. The motions directed the Administration to make a permanent dog park at 2"d and Washington Avenue, and to establish off-leash hours, in South Pointe Park, before 9:00 A.M., in the triangular area where the Iceberg artwork was to be sited. This was subject to the County's amendment of the related County ordinance and based on a six month trial period, with an interim report after three months to be provided to the Commission by the Administration. Additionally, at the July 15, 2009 meeting the Commission adopted the Ordinance amendments on first reading. Subsequent to the first reading of the ordinance amendment at the City Commission meeting on July 15, 2009, the County advised the City that the requested draft ordinance amendment is complete. The proposed amendment is scheduled for first reading by the County Commission in September, with a second and final reading planned for either October or November 2009. Based on the requirement that Miami-Dade County amend their related ordinance prior to the City's second and final reading to amend our ordinance, it is recommended that the Commission Open and continue the Public Hearin until the Ci Commission Meetin of December 9, 2009. Board Recommendation: Financial Information: Source of Amount Account Funds: ~ OBPI Financial Impact Summary: Ci Clerk's Office Le islative Trackin Kevin Smith, Parks & Recreation Director Sign-Offs: De artment Director Ass' tant Cit Mana er Cit Mana er KS JMG T:WGENDA\2009\September 9\RegularWnimals- Dog finance Amendment $'urlgiary 9-9-09.doc / ,~/,, ~ ~ N11 AM I B EAC N AGENDA ITEM/ DATE 9-~_U g m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Mlami Beoch, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: September 9, 2009 SECOND READING 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 SECTION 10-10, ENTITLED "ANIMALS" PROHIBITED IN PUBLIC PARKS AND ON BEACHES" BY CLARIFYING THAT THE CITY MANAGER MAY DESIGNATE ENCLOSED DOG PARKS IN PUBLIC PARK AREAS; AMENDING SECTION 10-11, ENTITLED "RUNNING AT LARGE PROHIBITED" BY PROVIDING THAT THE CITY COMMISSION MAY DESIGNATE A SPECIFIC OFF-LEASH AREA FOR DOGS IN SOUTH POINTE PARK; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Open and continue the Public Hearing until the City Commission Meeting of December 9, 2009. KEY INTENDED OUTCOME SUPPORTED Increase Satisfaction with Recreational Programs BACKGROUND At the January 28, 2009, Commission meeting, the Administration requested the matter of dogs off-leash in City parks and other public properties in general, be referred to the Neighborhoods/Community Affairs Committee for discussion. Subsequently, there were on-going discussions at the Neighborhoods/ Community Affairs Committee meetings concerning this issue. The most recent discussion concerning the establishment of a dog park and off-leash hours in South Pointe Park was held at the June 3, 2009 Commission meeting. Following the discussion of the Commission, Administration, and interested residents, two motions were adopted. The motions directed the Administration to develop a permanent dog park at 2"d and Washington Avenue and to appropriate the funds for its construction; and a second approved the establishment of morning off-leash hours only in a specific unenclosed area of South Pointe Park located in the triangular area where the public art will be sited (south and west of the Washington Avenue entry plaza). This designation is subject to the County amending their Code to permit such a designation. The off-leash hours will be from park opening (sunrise) to gam. It was further approved that the morning off-leash program would be offered only for a six-month trial basis, with an interim report to the Commission by the Administration after three months. STATUS OF COUNTY CODE AMENDMENT Following the June 3, 2009, Commission directive, city staff immediately initiated the process to amend the County Code. Staff (Hilda M. Fernandez, Jose Smith, Debora Turner and Kevin Smith) promptly initiated dialogue with representatives from Miami-Dade County Parks Department for direction on the best manner to proceed and the action steps necessary to amend the relevant section(s) of the County Code to allow the City to permit dogs off-leash in parks, in addition to permitting dogs in designated/ enclosed areas (fenced dog parks). At the County Parks Department's direction, we were referred to Dr. Sara Pizano, Animal Services Director, as the amendment to Code to permit this activity falls within her purview. A conference call was held on June 18, 2009, with the above City and County staff to discuss the process and timeline to accomplish the County Code amendment. The City shared proposed amendment language with the County, and the County staff indicated that they would work with the City to move the amendment process forward to their Commission for consideration. Dr. Pizano said she would prepare the amendment. She also stated that there were other portions of that particular section of the County Code that she wanted to address and she would do so at the same time. The Assistant County Attorney explained that the amendment process would require the legislation amending the Section to be presented to the County Commission for a first reading. It would then need to go to a Commission sub-committee for discussion, and then back to the full County Commission for the second and final reading and approval. According to Dr. Pizano, the earliest this process could be accomplished would be October, and more likely November, assuming there were no objections to the amendment in the process. In anticipation of Miami-Dade County amending Section 5-20 in their County Code, the City Administration and City Attorney's Office began drafting corresponding amendments to the City's Code, as set forth herein, providing for the City Commission's designation of dog parks in public park areas, and also enabling the Commission to designate a specific area of South Pointe Park as an off-leash area for dogs, subject to the County amending the portions of their Code that regulates such activity. Subsequent to the first reading of the ordinance amendment at the City Commission meeting on July 15, 2009, the County advised the City that the requested draft ordinance amendment is complete. The proposed amendment is scheduled for first reading by the County Commission in September, with a second and final reading planned for either October or November 2009. PROPOSED AMENDMENTS As referenced in the attached proposed amendment, there are two sections of Chapter 10, Section 10- 10 ofthe Miami Beach City Code that are proposed to be amended for purposes of permitting dogs off- leash in an unenclosed area of South Pointe Park (Section 10-11), as well as further clarifying the designation of dog parks in a public park (Section 10-10). STATUS OF DOG PARK AT WASHINGTON AVENUEl2ND STREET Concurrent with the process to amend County Code, staff has proceeded on the implementation of the approved enclosed dog park at Washington Avenue and 2nd Street. The Parks Department's landscape architect developed a preliminary concept plan for the site to begin the planning process for the park. Staff held a meeting with the interested members of the RDO (Responsible Dog Owners) on June 26, 2009, to obtain their input and comments as to this preliminary design for the proposed dog park. As a result of this meeting, the Administration is working on revisions to the dog park's original concept design, and the RDO members are working on identifying potential designs and costs for a water feature for the park, as well as researching potential fundraising activities to assist in off-setting the costs forthis water feature and other features they have identified they would prefer in the park, but that were not included in the budget appropriation approved by the City Commission. FISCAL IMPACT STATEMENT Costs associated with maintaining an off-leash area are estimated at approximately $2,200 annually, assuming that off-leash dogs are contained to the area that is designated for this purpose. This estimate includes the cost of turf replacement (as needed); pest control; and additional doggie bags anticipated to be needed due to increase use of the park. CONCLUSION The Administration recommends that the Commission open and continue the Public Hearing until the City Commission Meeting of December 9, 2009, to allow for the completion of the County legislative process to amend Section 5-20 of its Code, providing enabling language. JMG/RCM/KS T:\AGENDA\2009\September 9\RegularWnimals -Dogs Ordinance Comm. Memo.doc THURSDAY, AUGUST 27, 2005: SBMB -~ lv1iAP~IBEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS ,~ NOTICE 13 HEBEBY given that secontl reatlings and public heanngs~wlll be'heltl by the Mayor antl Chy Commission of the City of Miami Beach, Florida, in the Commission Chambers. 3rd floor, Ciry Hall, 1700 Convention Genter Drive, Miarni Beach, Florida, on Wednesday, September S, 2009, to consitler me4ddowing: l M Ortlinance Amentling Chapter 10 Of The Miami Beach City COtle En1Poetl "Animals," By Amentling Secuon 10-10. Enthletl "Animals Prohih4etl In Public Parks Antl Un~Beacbes" By-Provitling Tna! The City Commission May Designate Doo Parks In Public Park Areas; Amending Section 10-11, Emihetl "Running At Large Prohihitetl" By Provitling That The Ciry Commission May Designate-Specffic ~. Off-Leash Areas For Dogs in Public Parks. I Inquiries may be tliremed to the Ciry Attomey's Office at (305) 673-7470. 4195 a.m. .M OMinance Amentling Chapter 30,-EnOtted "Code Enforcement,".-By Amentling Article III Thereat, Entitletl "Enforcement Procetlure," By Amentling Section 30-74, Endtle6-"Fine,' .By Amending The Provisions Relatlng To The Mitigation Or Fines; By Amentling Section 30-76, Erthdetl "Rehearings, Mitigation' By Increasing The Time Period FoRhe Jurisdiction Df The Special Mgster for The Mitigation Of Fines To Three Years Antl Provitling Criteria Relative To FineMNgatigp. ~ - dnquiries may he directed to the Ctry Manager's Office at (305) 673-7010. An Ortlinance Amentling'Miami $each Ciry Cotle Chapter 2, Article VII, Section 2-458 Thereof Entitled "Supplemental Abstention Antl Disclosure Requirements" By Requiring Puhiic Officers To Disclose Compensation Receivetl By Public Officer And/Or Public Officer's Employer Or Firm Relatetl To Subject Conflicting Relationship, Said Disclosures To 8e Matle From Three Years Preceding ^Odginal Dale Dt Election/Appointment Of Public Officer. ' Inquiries may be tlirected tome Clry Attgmey's Office at (305) 673-7470. 8W0 p.m. An;AMinance Amentling In Part Miami Beach City Code Chapter 2, Artcle VII, Division 5-Entitletl "Campaign Finance Reform," Sections 2-487 Through Antl Inclutling p-490, By Prohihitlng "Ventlors" ~'. 'And "Real EflTate Developers" Frvm Soliciting Campaign Contributions For Candidates For The Office. Of Mayor Or Commissioner, Fxpantling Upon The Definilions Of "Vendor" Antl "Real Estate I Developer"Antl Conforming As Housekeeping Matter Certain Language To Existing Text. Inpulres may be directed to the Ciry Attorney's Office at (3D5) 673-7470. ~ ' ~, 3dp.P.m. AmOrtlinance Amentling Miami Beach Ciry Cotle Chapter 2,Artide VII, Division 5 EntRled "Campaign Finance.Refonn," By Adding Thereto Section 2491 Enthetl "Prohibited Lobbying By Campaign Oonsultanis," Pmhibiang Campaign Consultants-And Certain.Affilia[etl Persons Or Erdiges From Lobbying Ciry Commission For 12 Months Subsequent To Swearing In O( Subject Electetl Offidal(si, Eslablismng Definftipns,Limitetl Exemption Antl Disdosure/Abstention Requiremems. _inquiries may be tlirected to the'Ciry Attorney's Office at (305) 673-7470. r am..... ante Amending-Miami Beach Ciry Cgtle Chapter 2, Artide N, Division 1, Secgdn 2-794 Therepf Entltied "Removal From Office", By Limhing Orountls For SuspensionlRemoval To Those tl Offenses" Set Forth Wffhin Florida Statute Section 112.3173 (As Amentletl~, And Eshablishing Procetlure Prior TO SuspensiorllRemoval. - may be tlirected to me Ciry Attorney's Office at (305) 673-7470. ~OO.Rm. - - An Uminence Amending Miami Beach: GtyCOtle Chapter 2, Amcle NI; Division 2, Section 2-458 Thereof•EnaDed "Supplememal Absterrtion And Disdosure Requirements", Establishing Atldttlonal .DisdosureRequimmerns. For Public Officials Of Arty Family Or Business RelaOOnshipWffh Party Who Is Directly Benefltted By Agency Vote. ihquines may be tlirected tome City Attomeq'S Office at (305) 673-7470 3U0 p.m. - , An Ortlinance Amending Miami Beach City Cotle Chapter 2, Amcle VII, Division 2,Section 2-4507hereof Emftletl "Disclosure Of Interest In/Relationship With Business Entity," By Requiring Elected Official's Disclosure Of Certain Business Relationships Established t}Jithin 24 Months After ConVacdnp Party's Appearance Before City Commission. Inquiries may be tlirectetl to the City Atipmey'sDffice at (305) 673-7470. 3:OD p:m. An Ortlinance Amending Miami Beach Cgy Cptle. Chapter.2, ANCIe NI, Division 2 Themof By Creating Section 2-462.Entltletl "Prohibiting ElectetlDfficials fmm Having Certain Post-Service.Contmcis Wim Ciry", Prohibiting Former Ciry Electgtl.Ofadals~rom Ciry Employment Or Contracts OnMatters In Which Ctty Commission Approval Is Requiretl. - Inquires may he Nrectetl tp the.gry Atdmey's Office at (305) 673-7470. - 3d10 P.m. An Ominance Amentling Miami Beach Cdy Cotle Chapter 2, Artide VII, Division 2 Thereof By Creating Section 2-463 Enthletl "Prohibitlon Of Certain Post-Service/Employment Relationships"., ProhibNng Certain PosFService/Employment Activity Of City Elecietl Officials Antl City EmployeesFOrA Period Of Two Years-After Leaving Ciry Service/Employment. Inquinesmlay be tlirected to the City Atomey's Office at (305) 673-7470. - An Ortlinance Amendingln Part Miami beach Ctty..Cotle Chapter 2, Amde VII, Division 5 Thereat Emitted "Campaign Finance Reform," Sections 2-487 "PmhibitetlCampaign Contrhu[ions By Vendors," 2-488 "Prohibdetl Campaign Conthbutions 8y Lobbyists On Procurement Issues"2-4B9 "Prohibttetl Campaign CordnbWOns 8y Real Estate Developers," And 2-490 "Prohibited Campaigr Contnbutiens By Lobbyists On Real Estate :Development Issues," By Prohibiting Campaign Comrihutlons Fram Ventlors, ReaLEState Developers Antl Their Respective Lobbyists To Candidate Incumbent Members Of The Ery Commission Seeking Any Non-Fetleml Elemetl Office. Jnquines may De directed to the Ctty Attorney's Office at (305) 673-7470 a 5RD p:m. An OMinance Amending The Land Development flegulahons Of The Code of The Chy OF Miami Beach, By Amentling Chapter 142, "Zoning Disirms Antl Regulations"Artide II "District Aegulations.` Division 1B "PS Pertormance Stantlartl Dimnm,"Amending Section 142-693 "Permittetl Uses" By Resinc[ing Or Prohibiting Commercial Rooftop Venues South Of 5"' Street. Inquiries maybe directed to the Planning Department at (305) fi73-7550 INfERFSTEO PARTIES are invited to appear at mis meeting, nr-be representetl by an agent, m to express their views in writinq atltlressetl to me Chy Commission, rJo the Lay ..Clerk. 1700 Convention Center Drive, ts[ Floor, Crtv Hall, Miami Beach, Florida 33139. Copies of mere ordinances are available for public inspection tluring normal business hours in the City Cleric's Office. 1700 Convention Cemer Drive. tsI Flear, City Hall, and Miami Beach, Florida 33139. This meeting may be continued and antler such circummances.atlditionaltegal nonce woultl not be providetl. ' AoDeR E Percher, Gity Clerk_ ' ~ ~ City of Miami Beach Nlreuam to Section 266:0105, Fla. Stet., the Chy hereby atlvises the public that: if a person tlecitles to appeal any tlecision~made by the City Commission wgh respect m any matter consitleretlat Bs ;~ meetiny or ns hearing. sucn.persgn mum ensure thatavematim recortl of the proceetlings is Matle, which recortl indutlesmetestimony antl evitlenceilpon whichme appeaFis rooe basetl. This mace does notoonstitute consent by the Cdy for me intiotluctionor atlmission of mherwise inadmissible or irrelevant evidence: rror does it alrthonze challenges or appeals not otherwuse allowed by law. ggg To request mi material in accessible mrmat, sign language interpreter, information on access for persons whn tllsaDilNes, and/or any eccommotlation to review any document or participate in em city-apwrsoretl pruceetling, pleaseconthct 1305) 604-24B91vdce), (305)673-7218(RY) hoe hays in advance to iniBate your request. 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