2014-3859 Ordinance ORDINANCE NO. 2014-3859
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
CREATING SECTION 10-17, TO BE ENTITLED "CERTAIN
TECHNIQUES AND DEVICES PROHIBITED; ENFORCEMENT;
PENALTIES"; AND BY AMENDING SECTIONS 10-2 AND 10-3 TO
CROSS-REFERENCE THE NEW PROVISIONS IN SECTION 10-17;
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND
AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 828.27 of the Florida Statutes, municipalities are
authorized to enact ordinances relating to animal control or cruelty; and
. WHEREAS, the Mayor and City Commission deem it in the best interest of the City of
Miami Beach to prohibit the use of any techniques and devices which may cause pain, injury,
and torment to animals.
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, entitled "Animals" of the Miami Beach City Code is hereby amended as
follows:
Chapter 10
ANIMALS
Sec. 10-2. Fines for violations of animal control ordinances; unpaid fines to constitute
lien and basis for revocation of city parking permits/decals.
(a) All violations of this chapter are civil infractions, except as otherwise provided in
section 10-5. Each violation of this chapter shall constitute a separate offense.
Violations of this chapter, except as otherwise provided in section 10-17, within a
12-month period will be punished as follows:
(1) For a first offense, a $50.00 fine.
(2) For a second offense within the preceding 12 months, a $100.00 fine.
(3) For each additional offense within the preceding 12 months, a $200.00 fine.
Sec. 10-3. Enforcement; adoption of portion of Miami-Dade County Code by reference.
(a) Any officer who observes a violation of an animal control ordinance of the city or
county shall issue a notice of violation to that person or a citation as provided in
Sec. 10-17.
(b) Any person issued a notice of violation of this chapter, or a citation as provided in
Sec. 10-17, except as otherwise provided in section 10-5, shall be deemed to be
charged with a civil infraction.
Sec. 10-17. Certain techniques and devices prohibited; enforcement; penalties.
(a) It shall be unlawful for any person to use painful techniques and devices that may
cause or are likely to cause physical iniury, torment, or pain and suffering to
.animals, including but not limited to: electric prods or shocking devices, shocking
spurs or rowels; flank or bucking straps or similar devices; wire tie downs; chains
used as tie downs; whips or bullwhips (excluding riding crops); ankuses or
bullhooks or similar devices. Commercially available static correction devices
used for training and containment of dogs are not subiect to the prohibitions in
this section.
Pursuant to Sec. 828.27, Fla. Stat., violations of this section shall be punished as
a civil infraction. A violation of this section shall result in the issuance of a
citation pursuant to the requirements set forth in Section 828.27(f), Fla. Stat., as
amended. A written citation notice shall be issued to the violator by a law
enforcement officer who has probable cause to believe that the person has
committed an act in violation of this section. A citation shall be subiect to contest
in county court in accordance with law.
(c) Violations of this section shall be punished as follows:
For a first violation, a civil penalty of$400.00.
For a second or subsequent violation within a 12 month period, a civil penalty
of$500.00.
A civil penalty of$300.00 shall be imposed if the violator pays the civil penalty
and does not contest the citation in county court. However, if a third or
subsequent citation is issued within a 12 month period for a violation of this
section, a mandatory court appearance is required and a civil penalty of
$500.00 shall apply.
If a person fails to pay a civil penalty, fails to appear in court to contest the
citation, or fails to appear for a mandatory court appearance, the court may
issue an order to show cause upon the request of the City. The order to
show cause shall require such person to appear before the Court to explain
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why action on the citation was not taken. Any person who is issued such
order and fails to appear in response to the order may be held in contempt of
court.
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 the day of 9P , 2014.
PASSED and ADOPTED this day of 0 10 , 2014.
ATTEST: 6�
' IfvCURP �U�,AiE I LI P L I . AYOR
RAF EL E. GRANADO, CITY C
2 t7
APPROVED AS TO
(Sponsored by Mayor Philip Levine) FORM&LANGUAGE
&FOR EXECUTION
Underline denotes additions (Ci y Aitorne denotes deletions
y Date
FAATTO\TURN\ORDINANC\Animals-Chapter 10-Certain Techniques and Devices Prohibited Enforcement Penalties.docx
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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 CREATING SECTION 10-17,TO BE ENTITLED"CERTAIN TECHNIQUES AND
DEVICES PROHIBITED; ENFORCEMENT; PENALTIES"
Key Intended Outcome Supported:
Increase community satisfaction with City government.
Supporting Data (Surveys, Environmental Scan,etc.): NA
Item Summa /Recommendation:
The Mayor and City Commission held a discussion at their March 5, 2014 City Commission
Meeting to address animal cruelty. Don Anthony, Communications Director for Animal Rights
Foundation of South Florida addressed the Mayor and City Commission regarding this
discussion item, and requested that the City of Miami Beach (the"City") ban those devices and
instruments that are utilized for animal cruelty.
The Commission passed the Ordinance on First Reading on April 23rd, 2013 and it is
recommended that the City Commission pass this Ordinance on second reading.
Advisory Board Recommendation:
NA
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary: The fiscal impact of the proposed ordinance is difficult to
determine however,there will be a need to train all sworn personnel that will cost approximately
$14,630 of on-duty resources and a violation form will need to be developed and produced. It is
difficult to project the costs until the development of this form begins.
City Clerk's Office Legislative Tracking:
Police Department—Office of the Chief
Sign-Offs:
Department Director Assistant City Manager City Manager
Raymond A. Martinez, Chief
MBPD
AGENDA ITEM IRS
MIAMIBEACH -2(
DATE
AAIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,vvww.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members o the City Co ission
FROM: Jimmy L. Morales, City Manager
DATE: May 21, 2014
SECON READI PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE MAY AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
CHAPTER 10 OF THE MIAMI BEACH CITY CODE, ENTITLED
"ANIMALS," BY CREATING SECTION 10-17, TO BE ENTITLED
"CERTAIN TECHNIQUES AND DEVICES PROHIBITED;
ENFORCEMENT; PENALTIES"; AND BY AMENDING
SECTIONS 10-2 AND 10-3 TO CROSS-REFERENCE THE NEW
PROVISIONS IN SECTION 10-17; PROVIDING FOR
REPEALER, SEVERABILITY; CODIFICATION; AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance at the Second Reading Public Hearing on May 21, 2014.
KEY INTENDED OUTCOMES
Increase community satisfaction with City government.
BACKGROUND
The Mayor and City Commission held a discussion at their April 23, 2014 City
Commission Meeting to address animal cruelty. Don Anthony, Communications Director
for Animal Rights Foundation of South Florida addressed the Mayor and City
Commission regarding this discussion item, and requested that the City of Miami Beach
(the "City") ban those devices and instruments that are utilized for animal cruelty. Mayor
Levine requested the Office of the City Attorney to draft an ordinance that would prohibit
the use of painful techniques and devices in the City. Pursuant to Section 828.27 of the
Florida Statutes, local governments are authorized to enact ordinances relating to animal
control and cruelty. This Ordinance shall serve to make it unlawful to use certain
techniques and devices which may cause pain, injury or torment of animals.
ENFORCEMENT/ FISCAL IMPACT
The Miami Beach Police Department will be responsible for enforcing this ordinance,
which is punishable as provided by Section 10-17. The first violation will result in a fine
of $400. The second violation within a 12 month period will result in a fine of $500.
Each subsequent violation within a 12 month period will result in a fine of $500 and a
mandatory court appearance.
It is difficult to project the total costs associated with the enforcement of this ordinance,
however, the Miami Beach Police Department has an Officer dedicated to animal related
issues. This "Animal Resource Officer" (ARO) will be tasked with leading any
investigation related to this new ordinance as part of her regular duties and should not
incur any new costs.
All sworn personnel will need to be trained in this new ordinance. The ARO, in
conjunction with the training unit, will be responsible for the training of all personnel. It is
anticipated that the class will be one (1) hour in duration. With 385 sworn personnel, this
training will be accomplished on-duty ($38/person) and should cost approximately
$14,630.
In addition to the training costs, the ordinance will require the development of a new
citation form. The costs associated with this new form will depend on the format needs
of the form and the amount required. It is difficult to project the costs until the
development of this form begins.
JLM:RAM:JWB:BS:DD
MIAMI HERALD I MiamiHerald.com NE THURSDAY,MAY 8,2014 1 19NE
MIAMI BEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that 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 Convention Center Drive,
Miami Beach,Florida,an Wednesday,May 21,2014,to consider the following:
10:00 a.m.
Ordinance Amending Chapter 2 Of The Code Of The City Of Miami Beach,Entitled'Administration,"By Amending Article I,Entitled"in General,"By Creating Section 2.1,To Be Entitled"Reasonable Opportunity
To Be Heard,"To Provide Rules Regarding Public Participation in City Meetings.Inquiries may be directed to the QyAtWrney's Office 305-673-7470.
10:05 a.m.
Ordinance Amending Miami Beach City Code Chapter 2 Entitled'Administration,'Article VII`Standards Of Conduct'Section 2-458 Thereof Entitled"Supplemental Abstention And Disclosure Requirements'By Providing
That A City Of Miaml Beach Elected Or Appointed Public Officer With A Conflict Of Interest On A Particular Matter Shall Absent Himself From The Agency Meeting On Which He Serves During Said Agency's Discussion
Of That Matter.Inquiries may be drected to the City Attorney's Office 305-673-7470.
X10:10 a.m.
Ordnance Amending Chapter 10 Of The Miami Beach City Code,Entitled'Animals,"By Creating Section 10-17,To Be Entitled"Certain Techniques And Devices Prohibited;Enforcement;Penalties';And By Amending
Sections 10-2 And 1.0-3 36 Cross-Reference The New Provisions In Section 10-17,inquiries maybe directed to the City Artorneys Office 305-673-7470.
10:15 a.m.
Ordinance Amending Chapter 10 Of The Miami Beach City Code,Entitled"Animals,'By Creating Section 10-18,To Be Entitled`Requirements For Sales Of Dogs And Cats;Definitions Permitted Sources;Certificate
Of Source;Penalties":And By Amending Sections 10-2 And 10-3 To Cross-Reference The New Provisions In Section 10-18.Inquiries maybe directed to the City Attorney's Office 305.673.7470.
10:20 a.m.
Alcohol In Movie Theaters
An Ordinance Amending The City Code,By Amending Chapter 6,"Alcoholic Beverages,"Article 1,'in General,"Section 6-4,'Location And Use Restrictions,'By Permitting Alcohol Beverages To Be Sold In Motion Picture
Theaters,Establishing Criteria,Standards And Procedures For Eligible Theaters And Where Alcohol Can Be Sold And Consumed;And Amending Section 6-5,`Patron Age Restrictions,'Exempting Motion Picture Theaters
From The Code's Patron Age Restrictions.Inquiries may be directed to the City Attorney's Office 305-673-7470.
10:25 a.m.
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach,Florida,Amending Chapter 70 Of The Code Of The City Of Miami Beach,Entitled"Miscellaneous Offenses;By Amending Article 11,Entitled
'Public Places'By Amending Division 2,Entitled'Bicycling,Skateboarding,Roller Skating,in-Llne Skating,And Motorized Means Of Transportation,"By Amending Section 70-67 Thereof,Entitled"Prohibited Activities,'
To Prohibit The Operation Of Motorized Means Of Transportation In,On Or Upon Any Portion Of A)The Beachwalk Between 151:And 2314 Streets,Behveen 64e And 791-Streets,And South Of 5'Street;B)The Lummus
Paris Promenade(Also Known As The Lummus Park Serpentine Walkway)Between S°And 151 Streets;C)The Sidewalks On The East Side Of Ocean Drive Between South Pointe Drive And 151i Street;0)The South Pointe
Park CUtwalk Adjacent And Parallel To Government Cut;And E)The Marina Baywalk Adjacent And Parallel To Biscayne Bay And South Of 51 Street Providing For Repealer,Severability,Codlficatlon;And An Effective Date.
inquiries may be directed to the CityArtorney's Office 305-673-7470.
10:30 a.m.
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach,Florida,Amending Chapter 106 Of The Miami Beach City Code,Entitled"Traffic And Vehicles,"By Amending Article II,Entitled"Metered
Parking,"By Amending Division 1,Entitled"Generally.'By Amending Section 106-55,Entitled"Parking Rates,Fees,And Penalties,"By Amending Subsection.(N),Entitled,`Hybrid/ILEV(Inherently Low Emissions Vehicles)
Vehicles Incentive,"ByAmending Vehicle Participation Criteria For The HybfWILEV Vehicles incentive Program To Substitute Vehicles With An EPA(Environmental Protection.Agency)Smartway Designation,And Establishing
An Annual Miami Beach Resident Permit Fee For Scooters And Motorcycles;Providing For Codification,Repealer,Severability,And An Effective Date.inquiries maybe directed to the Parking Department 305-673-7275.
10:35 a.m.
An Ordinance Amending Chapter 106 Of The Miami Beach City Code,Entitled"Traffic And Vehides,'By Amending A fide 11,Entitled'Metered Parking,"ByAmending Division I,Entitled"Generally,'By Amending Section 106-47,
Entitled"Freight,Commercial,And Passenger Curb Loading Zones;Ham,Deliveries';Creating Subsection(F),Permit Required;Further Amending Section 106-55;Establishing Subsection(0),Entitled,"Freight Loading Zone
(FLZ)Permit";And Subsection(P),Entitled,Alley Loading(AL)Permit Providing Far Codification;Repealer,Severability,And An Effective Date.fnquiries may be directed to the Parking Department 305-673-7275.
10:40 a.m.
AFSCME MBERP Ordinance
An Ordinance Implementing Provisions Of The 2013-2016 Collective Bargaining Agreement Between The City And The American Federation Of State,County And Municipal Employees`(AFSCME)Local 1554;Amending
The Miami Beach Employees'Retirement Plan Created By Ordnance 2006-3504;Amending Section 2.26 Of The Plan By Extending The Deferred Retirement Option Plan(DROP)Program From Three(3)To Five(5)
Years For Eligible Members;Amending Section 5.13 To Reflect Amended Eligibility And Participation Requirements And Amended DROP Plan Features;Amending Section 4.03 By Eliminating The Purchase Of Additional
Creditable Service Effective April 23,2015;Amending Section 6.02 Of The Plan By Reinstating An Additional Two Percent Member Contribution For Members Of The AFSCME Bargaining Unit Hired Prior To September 30,
2010:And Eliminating The Additional Two Percent Member Contribution When The Plan Actuary Confirms That The City's Annual Required Contribution To The Retirement Plan Is 23.5%Of Payroll Or Less.Inquiries may
be directed to the Human Resources Department 305-673-7524,
NOTE-See also advertisement d 884,for additional public hearings occurring on May 21,2014.
Dr.Stanley Sutnick Citizen's Forum-The times for the Dr.Stanley Sutnick Citizen's Forum are 8:30 am.and 1:00 p.m.,or as soon as possible thereafter.Approximately thirty minutes will be allocated to each session,
with individuals being limited to no more than three minutes or for a period established by the Mayor.No appointment or advance notification is needed in order to speak to the Commission during this Forum.
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,clo the City Clerk,1700 Convention Center Drive,I°Floor.
City Hall,Miami Beach,Florida 33139.Copies of these items are available for public inspection during normal business hours in the City Clerk's Office,1700 Convention Center Drive,111 Roo,City Hall,Miami Beach,
Florida 33139.This meeting,or any item herein,may be continued,and under such circumstances,additional legal notice need not be provided.
Pursuant to Section 286,0105,Fla,StaL,the City hereby advises the public that:if a person decides to appeal anydeclslon made by the City Commission with respect to any matter considered at 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 of irrelevant 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 perms with disabilities and/or any accommodation to review any document or participate in any City-sponsored
proceeding,please contact us rive days in advance at 305-673-7411(voice)or TTY users may also call the Florida Relay Service at 711.
Rafael E.Granado,City Clerk
886 City of Miami Beach