2012-3772 Ordinance ORDINANCE NO. 2012-3772
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 10-11, ENTITLED "RUNNING AT
LARGE PROHIBITED," BY EXTENDING THE PILOT
PROGRAM OFF-LEASH AREA FOR DOGS IN SOUTH POINTE
PARK THROUGH AND INCLUDING DECEMBER 31, 2012,
PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 5-20 of the Miami-Dade County Code, "a dog may be
unrestrained and shall not be deemed at large if it is supervised by a competent person and is
(i) in a park area in which dogs are specifically authorized by a municipality or by the County to
be unrestrained..."; and
WHEREAS, on September 9, 2009, the Mayor and City Commission adopted Ordinance
No. 2009-3646 which specifically authorized dogs to be unrestrained and off-leash in South
Pointe Park for a pilot program in the triangular area south and west of the Washington Avenue
entry plaza from sunrise to 9:00 A.M. daily, or during such hours as may be specifically
designated by a resolution of the City Commission after a public hearing; and
WHEREAS, on October 19, 2011, the Mayor and City Commission adopted Ordinance
No. 2011-3743 which extended the pilot program in South Pointe Park until January 1, 2012,
and extended the off-leash hours in South Park by adding two (2) hours in the evening from
5:00 P.M. to 7:00 P.M. on Monday through Friday; and
WHEREAS, on January 11, 2012, the Mayor and City Commission adopted Ordinance
No. 2012-3750 which extended the off-leash hours in the morning from sunrise to 10:00 A.M.
daily, and in the evening from 4:00 P.M. until sunset on Monday through Friday, relocated the
off-leash dog area to the area south and east of the Washington Avenue entry plaza, and
extended the off-leash program to July 15, 2012; and
WHEREAS, on May 22, 2012, the Neighborhoods/Community Affairs Committee
recommended that the off-leash pilot program in South Pointe Park be extended through
December 31, 2012; and
WHEREAS, the Mayor and City Commission wish to extend the off-leash pilot program
in South Pointe Park through and including December 31, 2012.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
Chapter 10
ANIMALS
SECTION 1.
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, in the designated area south and east of the Washington
Avenue entry plaza, dogs may be off-leash from sunrise to 10:00 A.M. daily and from 4:00 P.M.
to 7:00 P.M. on Monday through Friday, or during such other hours as may be specifically
designated by a resolution of the city commission after a public hearing, 6141 jUly 15 through
and including December 31, 2012.
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 the28thday ofJu) y,, 2012.
PASSED and ADOPTED this18t1day of July, 2012.
ATTEST: •BF
TI HERR KA 60WER
'INCORP ORATED' AYOR
,�h APPROVED AS TO
RA AEL E. GRANADO, CITY C '6 ;�o� FORM&LANGUAGE
cH 26` &FO ECUTION
Underline denotes additions and ike denotes dele ion
F:\ATTO\TURN\ORDINANC\Extended South Point Off-Leash Area to 12-31-12.docx ITY TTORNEY DATE
2
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance amending Chapter 10 of the Miami Beach City Code entitled "Animals" by amending Section 10-11, entitled
"Running At Large Prohibited" by extending the pilot off leash program for dogs in South Pointe Park through and including
December 31, 2012, providing for repealer, severabilit , codification and an effective date.
Key Intended Outcome Supported:
Increase satisfaction with family recreational activities
Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey indicates 84.9% of
residents rated the City's Recreation programs as either excellent or good.
Issue:
Should the City Commission approve this ordinance on first reading extending dog off leash pilot program in South Pointe
Park through and until December 31, 2012?
Item Summary/Recommendation:
SECOND READING—PUBLIC HEARING
There have been several Commission/Commission Committee discussions concerning dogs off leash in South Pointe Park
and the existing pilot program. Select actions are as follows:
• September 9, 2009, the City Commission adopted Ordinance No. 2009-3646, authorizing dogs to be unleashed in
South Pointe Park for a six-month pilot program from sunrise to 9:00 a.m. (Mon— Fri).
• February 3, 2011, the Neighborhoods/Community Affairs Committee (NCAC) recommended extending the trial
period to include two.(2) additional hours in the evening on Mon. through Fri. This action was approved and
accepted by the City Commission at the March 9, 2011, Commission meeting.
• October 19. 2011, the City Commission approved an ordinance on second/final reading that extended the pilot off-
leash program until January 1, 2012, and added two (2) hours in the evening from 5:00 P.M. To 7:00 P.M.,
Monday through Friday.
• January 11, 2012, the City Commission approved an ordinance amendment on second reading to extend the pilot
off-leash pilot program for dogs in South Pointe Park until July 15, 2012, modified the off-leash hours in the
designated area in the morning from sunrise to 10:00 A.M. daily and between 4:00 P.M. and 7:00 P.M. Monday
through Friday and relocated the off-leash area to the west lawn, south and east of the Washington Avenue entry
plaza.
• May 22, 2012, the N/CAC discussed the South Pointe Park dog off-leash pilot program and recommended it be
extended again from July 15, 2012 through and until December 31, 2012.
• June 6, 2012, the City Commission approved this ordinance on first reading extending dog off leash pilot program
in South Pointe Park through and until December 31, 2012.
The Administration recommended the second reading and public hearing be held and the extension be approved.
Advisory Board Recommendation:
NCAC meeting on 5/22/12; recommendation to proceed with ordinance amendment to extend off leash area pilot program
in South Pointe Park through and until December 31, 2012.
Financial Information:
Source of Amount Account
Funds: 1
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Kevin Smith, Director of Parks and Recreation
Sign-Offs:
Department Director '�,i;ostanl,City Manager City Manager
KS KGB
TAAGENDA\2012\7-18-12\Anima1 Ordinance A n ment Off sh ilot Program Extension 2 rdg_Summary.doc__
Agenda Item 1�Sc-
IM MIAMMEACH Date
f
® MIAMI BEACH
City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City C ission
FROM: Kathie G. Brooks, Interim City Manager
DATE: July 18, 2012 SECOND READING 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 SECTION 10-
11, ENTITLED "RUNNING AT LARGE PROHIBITED," BY EXTENDING THE
PILOT PROGRAM OFF-LEASH AREA FOR DOGS IN SOUTH POINTE
PARK THROUGH AND INCLUDING DECEMBER 31, 2012, PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
ADMINISTRATION RECOMMENDATION
The proposed ordinance amendment to extend the off-leash area pilot program in South Pointe
Park is presented for second reading and public hearing following a discussion and
recommendation of the issue at the Neighborhoods/Community Affairs Committee (NCAC) at the
May 22, 2012 meeting and approval on first reading by the Mayor and City Commission at its June
6, 2012 meeting.
KEY INTENDED OUTCOME SUPPORTED
Increase satisfaction with recreational programs.
INTRODUCTION
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
Neighborhood/Community Affairs Committee for discussion. This initial Neighborhood/Community
Affairs discussion was held on February 17, 2009. Since that time there have been ongoing
discussions as to how the City can find the proper levels of services that address the needs of our
residents and guests who own dogs with those who do not. These discussions have focused on
the development of "bark parks" (fenced in areas in parks specifically designed and designated for
dogs to run off leash): access for the dogs to water from a beach or park edge; the provision of
dog bag/ waste stations that are located throughout the city's parks, rights of way, Lincoln Road,
the Beach walk and other public areas; and the establishment of off-leash access in the parks to
areas which are unfenced/ unsecured where dogs would run off leash and beyond their owner's
control.
BACKGROUND
There are presently five (5) fenced dog parks and one designated off-leash area within the City's
parks. These include Belle Isle, Flamingo, North Shore Open Space Park, Pinetree, South Pointe
(designated un-fenced/off-leash area), and Washington Avenue (two sites).
Ordinance Amendment To Chapter 10—Section 10-11 Running At Large Prohibited
Second Reading/Public Hearing
July 18,2012
City Commission Meeting
Page 2 of 3
As South Pointe Park neared completion, a Commission discussion was held on the development
of a dog park within South Pointe Park, which would be an enclosed area similar to the dog parks
in Flamingo, Washington Avenue, Pinetree, or Belle Isle. The conclusion of the discussion was to
build-out a larger dog park on Washington Avenue, diagonal from the then-existing dog park on
Collins Avenue and 2nd street. It was also recommended that the City look at whatever
amendments would be needed to allow a pilot, off-leash area in a designated section of South
Pointe Park, with limited hours of use. The designation of an off-leash area was not only prohibited
by City Code, but it was also prohibited by County Code.
On September 9, 2009, the City Commission approved, on second reading, an Ordinance
amending Chapter 10 of the Miami Beach Code entitled "Animals" to allow the City Commission to
designate specific off-leash areas for dogs in public parks, specifically for South Pointe Park. The
September 9th action established morning off-leash hours (park opening (sunrise) to 9:00 A.M.)
only in a specific, unenclosed area of South Pointe Park located in the triangular area where the
public art was scheduled to be sited (south and west of the Washington Avenue entry plaza). The
item was amended to clarify that an off-leash program at South Pointe Park would be for a trial
period of six months, commencing only if/when Miami-Dade County amended Section 5-20 of their
Code pertaining to animals. At the time of the City Ordinance approval, County Code prohibited
dogs off leash except in authorized park areas. The County Commission adopted the ordinance
amendment at their May 4, 2010 Miami-Dade Board of County Commissioners meeting.
On June 10, 2010 the initial Off-Leash Pilot Program in South Pointe Park began. At the February
3, 2011, Neighborhood/Community Affairs Committee meeting, the Committee held a discussion
concerning the South Pointe Park dogs off-leash pilot program and recommended extending the
trial period, as well as adding two (2) additional hours in the evening on Monday through Friday
only (hours to be determined). They also discussed the concept of adding a hedge to surround the
off-leash area once it returns to its permanent area (from where it had to be moved when the art
piece was being installed). It was concluded that the item would return to Committee after the
installation of the public art, and if the off-leash program was approved to continue, to discuss
whether the off-leash area should move back to the original site, or remain at the current location
(portion of west lawn).
On October 19, 2011, the City Commission approved an ordinance on second/final reading that
extended the pilot off-leash program until January 1, 2012, and added two (2) hours in the evening
from 5:00 P.M. To 7:00 P.M., Monday through Friday.
ANALYSIS
At the December 14, 2011 Commission meeting the Administration prepared and presented on first
reading an Ordinance Amendment to Chapter 10 of the Miami Beach City Code entitled "Animals"
to extend the pilot off-leash pilot program for dogs in South Pointe Park until July 15, 2012;
modified the off-leash hours in the designated area in the morning from sunrise to 10:00 A.M. daily
and between 4:00 P.M. and 7:00 P.M. Monday through Friday; and relocated the off-leash area to
the west lawn, south and east of the Washington Avenue entry plaza; the amendment was
approved. On January 11, 2012, the required second reading and public hearing for the above
ordinance amendment was held and approved by the City Commission.
Additionally, as directed by the City Commission, on February 2, 2012 the Administration prepared
and submitted the required application to the Design Review Board for design review of a small,
low growing native hedge to define the boundaries of the off-leash area delineated by the City
Commission within South Pointe Park. On March 13, 2012, the Design Review Board entered an
Order denying the request of the City Administration for a proposed hedge for the off-leash dog
Ordinance Amendment To Chapter 10—Section 10-11 Running At Large Prohibited
Second Reading/Public Hearing
July 18, 2012
City Commission Meeting
Page 3 of 3
area within South Pointe Park and on March 21, 2012, the City Commission directed the City
Manager to appeal the DRB Order. At the April 11, 2012 Commission meeting, a resolution setting
the public hearing, pursuant to Section 118-262 of the City Code, to review the Design Review
Board Order denying the request for the proposed hedge was approved.
At the May 9, 2012, City Commission meeting, the required public hearing to consider the appeal
of the Design Review Board Order was held. Following the public hearing and during the
discussion by the City Commission, a motion was made by Vice-Mayor Libbin to continue the
consideration of the appeal of the DRB Order to the June 6, 2012 Commission meeting. This
motion was approved 6-1.
At the June 6, 2012 Commission meeting a commission agenda item was presented to the Mayor
and City Commission seeking direction/action that would grant or deny the Design Review Board's
decision denying the request of the City Administration for a proposed hedge for the off-leash dog
area within South Pointe Park. The resolution was discussed and the appeal was denied in a 3-4
vote (a 5/7 vote was required for approval).
Additionally, on June 6, 2012, the City Commission approved this ordinance on first reading
extending dog off leash pilot program in South Pointe Park through and until December 31, 2012.
REQUEST FOR FURTHER DIRECTION
As stated, if approved on second reading, the South Pointe Park Off-leash Pilot Program will
extend through and including December 31, 2012, unless further legislative action is taken. If an
action past December 31, 2012 is to be taken an ordinance amendment would need to be
submitted for Commission consideration on November 14, 2012, and for second reading on
December 12, 2012. Therefore, the Administration requests that direction be provided concerning
the next steps related to continuation of the off-leash area pilot program in South Pointe Park.
CONCLUSION
Pursuant to the direction of the NCAC at its December meeting, the Administration requested the
Neighborhood/Community Affairs Committee discuss and provide direction concerning the
continuation or termination of the pilot program as approved by the City Commission. The NCAC
held this discussion at its May 22, 2012 meeting. At the conclusion of the discussion the
Committee recommended and unanimously approved: Extending the pilot program off-leash
area for dogs in South Pointe Park through and including December 31, 2012.
On June 6, 2012, the City Commission approved this ordinance on first reading extending dog off
leash pilot program in South Pointe Park through and until December 31, 2012. It is presented for
second reading and public hearing.
This amendment is necessary to continue the off-leash program in South Pointe Park, as the
current pilot program was scheduled to expire on July 15, 2012.
KGB/MAS/KS
T:\AGENDA\2012\7-18-12Wnimal Ordinance Amendment Off Leash Pilot Program Extension 2nd Reading - Public
hearing MEMO-R.doc
NE THURSDAY,JULY 5,2012 113NE
M I AM I B EACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that second readings and 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 Convent ion,Center Drive,
Miami Beach, Florida, on WEDNESDAY, July 18, 2012
to consider the following:
10:30 a.m.
Bicycle Rental Kiosk Advertising
Ordinance Amending The Code Of The City Of Miami Beach,
'By Amending Chapter 82, "Public Property," Article IV,
"Uses In Public Rights-Of-Way," Division 6, "Prohibited
Signs Over Public Property,".Section 82-414 "Permitted
Signs,Shelters And Advertising In Public Rights-Of-Way",
To Permit Advertising On Bicycle Rental Kiosks As Part Of
A City Bike Sharing Program.
Inquiries may be directed to-the Planning Department at
(305)673-7550.
10:40 a.m.
'Ordinance Amending Chapter.10 Of The Miami Beach City
Code Entitled "Animals," By Amending Section 10-11,
Entitled"Running At Large Prohibited," By Extending The
Pilot Program Off=Leash Area For Dogs In South Pointe
Park Through And Including December 31,2012.
Inquiries may'be directed to the Parks and Recreation
Department at-(304)673-7730.
INTERESTED PARTIES are invited to appearatthis 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.Hali,
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.
Rafael E':Granado,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 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 bequest 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) 673-7218
(TTY) five days in advance to initiate your request. TTY
users may also call 711 (Florida Relay;Service).
AD 11708