2014-3834 Ordinance ORDINANCE NO. 2014-3834
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 APRIL 30, 2014; PROVIDING FOR REPEALER;
SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 5-20(d) 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... 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 designated area in South Pointe Park
from sunrise to 10:00 a.m. daily, and in the afternoon from 4:00 p.m. to 7:00 p.m. on Monday
through Friday, relocated the off-leash dog area to the area south and east of the Washington
Avenue entry plaza, extended the off-leash pilot program to July 15, 2012; and directed the
Administration to file an application with the Design Review Board ("DRB") for approval of a
hedge in the new off-leash location; and
WHEREAS, the DRB considered and denied the Administration's application for a hedge
in the off-leash area in South Pointe Park on March 6, 2012 and the Administration appealed
the decision to the City Commission where motions to grant and, alternatively, to deny the
appeal failed on June 6, 2012; and
WHEREAS, on May 22, 2012, the Neighborhoods/Community Affairs Committee
(NCAC) recommended that the off-leash pilot program in South Pointe Park be extended
through December 31, 2012; and
WHEREAS, following a First Reading on June 6, 2012, and after a Second
Reading/Public Hearing on July 18, 2012, the Mayor and City Commission adopted Ordinance
No. 2012-3772 which extended the off-leash pilot program in South Pointe Park through and
including December 31, 2012; and
WHEREAS, on September 24, 2012, the Neighborhoods/Community Affairs Committee
recommended that the off-leash pilot program in South Pointe Park be extended through
January 31, 2013 and that the concept of a hedge be brought back to the City Commission for
its consideration; and
WHEREAS, on November 14, 2012 the City Commission: a) adopted Resolution No.
2012-28070 which accepted the NCAC Committee's recommendations to bring the concept of a
hedge for the off-leash dog area in South Pointe Park back to the City Commission, with the
Commission further directing the Administration to submit a new application for a hedge for the
off-leash area to the Design Review Board ("DRB") as soon as possible and to extend the off-
leash pilot program through and including March 31, 2013; and b) approved an Ordinance on
First Reading to extend the off-leash pilot program in South Pointe Park through and including
March 31, 2013; and
WHEREAS, on December 11, 2012, the Parks and Recreation Department submitted an
application for a two foot hedge for the off-leash dog area in South Pointe Park to the Planning
Department for presentation to the Design Review Board; and
WHEREAS, on December 12, 2012, the City Commission held a Public Hearing and
adopted Ordinance No. 2012-3785 on Second Reading extending the off-leash pilot program
through and including March 31, 2013; and
WHEREAS, on February 5, 2013, the Administration's application for a hedge for the off-
leash area in South Pointe Park was scheduled to be heard by the Design Review Board, but
was continued to the DRB meeting of March 5, 2013 due to the lack of a full Board (4 of 7
members were present); and
WHEREAS, on February 6, 2013, the City Commission approved an Ordinance on first
reading to extend the off-leash Pilot program in South Pointe Park to June 30, 2013, and also
instructed the Administration to amend the City's DRB application to provide for a hedge of 3 to
3 1/2 feet; and
WHEREAS, at its March 5, 2013 meeting, the DRB approved the City's application for a
landscape barrier of 3 to 3 1/2 feet in height for the off-leash dog area east of the Washington
Avenue entry plaza in South Pointe Park, subject to certain conditions; and
WHEREAS, at the March 13, 2013 City Commission meeting, the City Commission
directed that, due to safety concerns, a new ordinance should be brought to the City
Commission to move the off-leash area back to its original location in the triangular area south
and west of the Washington Avenue Entry Plaza and that the afternoon hours should be
changed from 4:00 p.m. to 7 p.m. to 6:00 p.m. to 9:00 p.m. In addition, the City Commission
directed that a new application for a landscape barrier for the relocated off-leash dog area be
submitted by the Administration to the DRB; and
WHEREAS, pursuant to the adoption of Ordinance No. 2013-3798 on May 8, 2013, the
City Commission relocated the off-leash dog area to the designated area south and west of the
Washington Avenue entry plaza and extended the pilot program to December 31, 2013; and
2
WHEREAS, pursuant to an application filed by the City Administration, the DRB
considered and approved a landscape barrier for the current off-leash dog area south and west
of the Washington Avenue entry plaza; and
WHEREAS, an appeal of the DRB Order has been filed by Patricia Fuller and the appeal
is pending; and
WHEREAS, at the December 11, 2013 City Commission meeting, the Mayor and City
Commission directed the Administration to file an application with the DRB to seek approval of
landscape material for an alternate off-leash dog area to the north of the current off-leash area;
and
WHEREAS, the Mayor and City Commission wish to extend the off-leash pilot program
at its current location until April 30, 2014 while the Administration pursues its application to the
DRB.
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 10-11 of the Miami Beach City Code is hereby amended as follows:
Chapter 10
ANIMALS
Sec. 10-11. Running at large prohibited; exception.
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 west of the Washington
Avenue entry plaza, dogs may be off-leash from sunrise to 10:00 a.m. daily and from 6:00 p.m.
to 9:00 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, through and including
DeGeF 31,z April 30, 2014.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
J
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 the o?s'fh day of 74wyewe , 2014.
PASSED and ADOPTED this IS-1A day of 7�hu4r , 2014.
ATTEST:
PHILIP L VIN OR
RAF EL E. GRANADO, CITY CLER
Underline denotes additions
denotes deletions *=INCORP -ORATED.::
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APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION
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F:\ATTO\TURN\ORDINANC\Animal Ordinance Amendment Off Leash Pilot Program Extension to April 30 2014.docx
4
COMMISSION ITEM SUMMARY
Condensed Title:
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 April 30, 2014; Providing For Repealer;
Severabilit ; Codification; And An Effective Date.
Key Intended Outcome Supported:
Increase satisfaction with recreational programs
Supporting Data(Surveys, Environmental Scan, etc.): Miami Beach Customer Survey indicates
5% of residents rated the City's Recreation programs as either excellent or good.
Item Summa /Recommendation:
SECOND READING—PUBLIC HEARING
The Off-Leash area which is currently operating under a"Pilot Program"was scheduled to sunset
on December 31, 2013. At the December 11 t", 2013 Commission Meeting a motion was passed
that for the next 120 days leave the off-leash dog area at the lighthouse location; during the 120
days, the Administration will bring to the Design Review Board a hedge at an alternate location
with applicable seating at the alternate location and bring it back to Commission.
The Administration recommends: 1)Approving the ordinance.
Advisory Board Recommendation:
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Sign-Offs:
Department pi5ctor Assistant City lVjsMM§er I City Manag AA
J J M T JLM
T:\AGENDA\2014\Janus 5\Animal Ordinance Amendment Off Leash i ogram Extension-SUMMARY.doc
AGENDA ITEM S
MIAMIBEACH 1-IS-
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members o the City mmission
FROM: Jimmy L. Morales, City Manager
DATE: January 15, 2014 SEC D R DING — PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE MAYO AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, MENDING 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 APRIL 30, 2014; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends: 1) Approving the ordinance.
INTRODUCTION
The Off-Leash area which is currently operating under a "Pilot Program" was scheduled to
sunset on December 31, 2013. At the December 11th, 2013 Commission Meeting a motion was
passed that for the next 120 days to leave the off-leash dog area at the lighthouse location and
furthermore; during the 120 days, the Administration will bring to the Design Review Board a
hedge at an alternate location with applicable seating at the alternate location and bring it back
to Commission.
BACKGROUND
There are presently a total of five 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 (un-fenced/off-leash area) and Washington Avenue (two sites).
One of the initial discussion issues focused on the development of a dog park within South
Pointe Park, an enclosed area similar to the dog parks in Flamingo, Washington Avenue,
Pinetree, or Belle Isle, or one without a fence.
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 permit 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.
• 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 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 a South
Pointe Park Dog Off-leash Pilot Program 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.
• May 4, 2010, the Miami-Dade County Commission adopted the ordinance amendment at
their Board of County Commissioners meeting amending Section 5-20 of their Code
pertaining to animals.
There have been several City Commission and City Commission Committee actions taken to
effectuate the South Pointe Park Dog Off-leash Pilot Program since it began on June 10, 2010.
One of the recent discussions transpired at the March 13, 2013, City Commission meeting. At
this meeting the ordinance extending the South Pointe Park Dog Off-leash Pilot Program
through and including June 30, 2013, was presented for second reading and public hearing. At
the conclusion of the discussion a motion was made to bring back the ordinance on first reading
with the following amendments:
1) Change the location of the off-leash dog area back to the lighthouse area (its
original location);
2) Amend the currently authorized afternoon off-leash hours in the designated area
from between 4:00 P.M. and 7:00 P.M. to between 6:00 P.M. and 9:00 P.M.,
Monday through Friday,
3) The existing morning hours (sunrise to 10:00 A.M.) remain unchanged;
4) Extend the pilot program through and including June 30, 2013;
5 These actions should be effective immediately.
A second motion was approved unanimously directing the Administration to file an application to
the Design Review Board to present a plan that utilized native plant materials/grasses etc., to
serve as a the perimeter of the designated dog off-leash area in the triangular area south and
west of the Washington Avenue entry plaza. Additionally, the City Commission directed the
Administration to meet with the community to discuss and gain input and comments concerning
the relocation plan and the proposed perimeter landscape plan.
As directed by the City Commission the Administration took the following actions:
• Relocated the off-leash area from west lawn location to its original location in the
triangular area south and west of the Washington Avenue entry plaza where the
lighthouse is located. Additionally, signs were installed in the new location posting the
revised evening weekday hours of 6:00 P.M. to 9:00 P.M., Monday through Fridays.
• The Parks Division developed a concept plan that incorporates native and Florida
friendly plant materials/grasses etc., in the lighthouse area to function as a natural
environmental barrier and control to delineate the dog off-leash area around the
lighthouse.
• The Parks and Recreation Administration presented the concept plan to the South of
Fifth Neighborhood Association at the April 4, 2013, SOFNA general meeting. At the
conclusion of the presentation the SOFNA board discussed the concept plan and
approved the following motion; "SOFNA supports an off leash dog area in South Pointe
Park, at a location selected in consultation with professionals as well as the input of the
community." This motion was further clarified in an email from the SOFNA President,
Dr. Steven Mandy to the Administration on April 17, 2013, which stated "SOFNA is
opposed to a fenced in dog off leash area in the prime spot of the lighthouse. Our
resolution did not state that as clearly as it might have, but there was no approval of that
location, and to the contrary, as 1 am sure you clearly heard, wide spread disapproval of
that as the location".
• The Administration hosted a community meeting on April 15, 2013, in South Pointe Park
to discuss the relocated South Pointe Park Dog Off-leash Area. Issues discussed
included the revised off-leash hours, the presentation of the draft landscape concept
plan, and potential alternative locations in South Pointe Park for the off-leash area.
Following questions and comments it was the majority opinion that the current location
of the off-leash dog pilot program, in the triangular area where the Lighthouse sculpture
is located, was the site best suited for the South Pointe Park Dog Off-leash Pilot
Program and it should remain there.
• The Administration also submitted an application for the Design Review Board's review
of the landscaping around the perimeter of the relocated dog off-leash area. The
application was scheduled to be heard at the June, 2013, DRB meeting but the
Administration requested a continuance due to only four (4) of the DRB members being
present.
The City's application for the Design Review Board's review of the landscape plan around
perimeter of the relocated dog off-leash area was presented by the Parks and Recreation
Department's Administration at the July 2, 2013, DRB meeting where it was approved. The Final
Order authorizing the City's application (File No. 22977) was issued on July 11, 2013.
Subsequent to the Design Review Board's July 2, 2013, approval Ms. Patricia Fuller, a resident
and member of the Arts in Public Places Board, submitted a request to formally appeal the
decision of the Design Review Board's approval of the landscape plan prepared by the Parks
Department for the off leash dog area at South Pointe Park. Ms. Fuller requested the hearing
date be set for the December 11, 2013, City Commission meeting.
On August 30, 2013 the Art in Public Places Committee (AiPP) passed a resolution "Opposing
an Off-Leash area surrounded by a landscape buffer in the area of the "Obstinate Lighthouse"
Sculpture located at the southwestern portion of South Pointe Park."
At the Neighborhood/Community Affairs Committee Meeting on October 28th, 2013 SOFNA
communicated their position to the Committee requesting the relocation of the Off-Leash area
away from the Obstinate Lighthouse. The area desired by SOFNA is the area to the north of the
sculpture. (The staging area for the force main project.)
At the same meeting NCAC Committee Members heard from various people both for and
opposed to the Off-Leash Pilot Program. The Committee, recognizing the program was to
sunset on December 31, 2013, directed staff to add the pilot program extension to the
December 11, 2013 Commission Agenda to allow the program to continue while a final decision
could be made.
At the December 11th, 2013 Commission Meeting a motion was passed that for the next 120
days leave the off-leash dog area at the lighthouse location; during the 120 days, the
Administration will bring to the Design Review Board a hedge at an alternate location with
applicable seating at the alternate location and bring it back to Commission.
CONCLUSION
I
The Administration requests the Mayor and Commission review for their consideration the
Ordinance Ammendment on second reading and public hearing.
a
JLM/MT/J
T:WGENDA\2014Wanuary15Wnimal Ordinance Amendment Off Leash Pilot Program Extension-MEMO.docx
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