2014-3872 Ordinance ORDINANCE NO. 2014-3872
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 PROVIDING AN EXCEPTION THERETO FOR BEACHES
WITHIN PUBLIC PARK AREAS; BY AMENDING SECTION 10-11,
ENTITLED "RUNNING AT LARGE PROHIBITED," BY AMENDING THE
EXCEPTIONS TO THE RUNNING AT LARGE PROHIBITIONS TO ALLOW
DOGS IN: A) THE DESIGNATED BEACH AREA IN NORTH SHORE OPEN
SPACE PARK BETWEEN 80TH AND 82ND STREETS FROM 3:00 P.M. TO
7:00 P.M. ON FRIDAY, SATURDAY, AND SUNDAY, AND B) AN AREA OF
A PUBLIC PARK, OR BEACH AREA THEREIN, SPECIFICALLY
DESIGNATED BY THE CITY MANAGER AND DURING SUCH DAYS AND
HOURS AS MAY BE SPECIFICALLY DESIGNATED BY THE CITY
MANAGER; 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, pursuant to Rule 26.1 (Rule 1(a)) of the Miami-Dade County Code, "parks"
are defined to include the "beaches therein"; and
WHEREAS, this Ordinance will allow dogs to be off-leash in designated park areas, and
in designated beaches therein, and will establish the location and times for a dog beach in the
North Shore Open Space Park, and will provide the City Manager with discretion to authorize
alternative park areas, or beaches therein, and the days and times for off-leash activities for
dogs.
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. 10-10. Animals prohibited in public parks and on beaches; exception.
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 public park areas specifically
designated for dogs by the city manager or in e#-ieash public park areas, and beaches therein,
specifically designated for dogs as provided in section 10-11. 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; exceptions.
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 a dog may be unrestrained and shall not be deemed to be at large if it is supervised
by a competent person and is in:
a) South Pointe Park, in the designated area south and west of the Washington
Avenue entry plaza, from sunrise to 10:00 a.m. daily, or
aPA from 6:00 p.m. to 9:00 p.m. on Monday through Friday, or during such
other days and hours, or in such other park or beach areas therein, as may be
specifically designated by
hea-aripq the city manager, thFo gh and inGI1 irlinn P'l e .her 2-1,, 2044; or 1.0
b) North Shore Open Space Park, in the designated beach area between 80th
and 82"d Streets, from 3:00 p.m. to 7:00 p.m. on Friday, Saturday, and
Sunday, or during such other days and hours, or in such other park areas, or
beaches therein, as may be specifically designated by the city manager; or
C) An area of a public park, or beach area therein, specifically designated by the
city manager, and during such days and hours as may be specifically
designated by the city manager.
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.
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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 JAfn-e— , 2014.
PASSED and ADOPTED this a day of a , 2014.
ATTEST:
� 4POILIP LE V NE FOR
:MORP ORATED:
RAFAEL E. GRANADO CITY CL
(Sponsored by Mayor Philip Levine) APPROVED AS TO
Underline denotes additions FORM &-LANGUAGE
denotes deletions &FOR EXECUTION
�1 9 (�r
City Att ney Date
FAATTO\TURN\ORDINANC\Off-Leash Parks and Beaches 2014.docx
3
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Amending Chapter 10 Of The City Code, Entitled "Animals," By Amending Section 10-10, Entitled "Animals
Prohibited In Public Parks And On Beaches" By Providing An Exception Thereto For Beaches Within Public Park Areas;
Amending Section 10-11, Entitled "Running At Large Prohibited,"To Allow Dogs In: A)The Designated Beach Area In North
Shore Open Space Park Between 80th And 82nd Streets From 3:00 P.M. To 7:00 P.M. On Friday, Saturday, And Sunday,
And B) An Area Of A Public Park, Or Beach Area Therein, Specifically Designated By The City Manager And During Such
Days And Hours As May Be Specifically Designated By The City Manager.
Key Intended Outcome Supported:
Increase satisfaction with recreational programs
Supporting Data(Surveys, Environmental Scan, etc Miami Beach Customer Survey indicates 85% of
residents rated the City's Recreation programs as either excellent or good.
Item Summary/Recommendation:
SECOND READING
During the discussion regarding the extension of the off=leash pilot program at South Pointe Park at the
December 13, 2013, City Commission meeting, Mayor Levine initiated a discussion regarding the creation of a
dog beach for the City of Miami Beach. This item was presented on first reading at the May 21, 2014 City
Commission meeting.
The proposed ordinance seeks to amend Chapter 10 of the Miami Beach City Code entitled, "Animals", whereby
Section 10-10, "Animals prohibited in public parks and beaches," will allow for the ability to allow dogs in
designated parks or areas of the beach. Amending Section 10-11,"Running at large prohibited; exception", seeks
to establish the location and times for the proposed dog beach, while still providing the City Manager with
discretion to authorize alternative locations, dates and times as he deems necessary. In addition, amending
Section 10-11 will also allow for the dogs to be at the designated dog beach off-leash.
The Administration recommends designating the dog beach between 80th and 82nd Streets, east of the dunes,
with entrance east of the North Shore Open Space Park on Collins and 81st Street. The dog beach will be open
weekly on Fridays, Saturdays and Sundays from 3:00 p.m. to 7:00 p.m. The dog beach will be staffed during all
operating hours and will have signage placed in a designated area advising of all rules and regulations. Entrance
onto the dog beach will require a pass issued by the Parks and Recreation Department. Dogs will be required to
have a current rabies tag, collar and name tag to enter the dog beach.
The Administration recommends that the City Commission adopt the ordinance.
Advisory Board Recommendation:
Financial Information:
Source of Amount Account
Funds: 1 $20,000 $16,500 overtime salary from 011-0950-000135
FY13/14 $3,500 other operating expenses from 011-0950-000343
Materials/Supplies and monthly water testing)
2 $3,700 Other operating expenses from 011-0950-000343
FY14/15 (Materials/Supplies and monthly water testing
3 $3,700 Other operating expenses from 011-0950-000343
FY15/16 Materials/Supplies and monthly water testing
OBPI Total $27,400
Financial Impact Summary: Estimated revenue beginning in FY14/15 = $3,500
City Clerk's Office Legislative Tracking:
John Rebar- Parks and Recreation Director
Sign-Offs:
Depart%ego irector Assistant C4fVanager City Mknager
5.
1
John Rebar J. Mark Taxis Jimmy Morales
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AAIAMIBEACH AGENDA ITEM s _
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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 the City Co mission
FROM: Jimmy L. Morales, City Manager
DATE: May 28, 2014 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 PROVIDING AN EXCEPTION THERETO FOR BEACHES
WITHIN PUBLIC PARK AREAS; BY AMENDING SECTION 10-11, ENTITLED
"RUNNING AT LARGE PROHIBITED," BY AMENDING THE EXCEPTIONS
TO THE RUNNING AT LARGE PROHIBITIONS TO ALLOW DOGS IN: A)
THE DESIGNATED BEACH AREA IN NORTH SHORE OPEN SPACE PARK
BETWEEN 80TH AND 82ND STREETS FROM 3:00 P.M. TO 7:00 P.M. ON
FRIDAY, SATURDAY, AND SUNDAY, AND B) AN AREA OF A PUBLIC
PARK, OR BEACH AREA THEREIN, SPECIFICALLY DESIGNATED BY THE
CITY MANAGER AND DURING SUCH DAYS AND HOURS AS MAY BE
SPECIFICALLY DESIGNATED BY THE CITY MANAGER; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting the ordinance.
BACKGROUND
During the discussion regarding the extension of the off-leash pilot program at South Pointe
Park at the December 13, 2013, City Commission meeting, Mayor Levine initiated a discussion
regarding the creation of a dog beach for the City of Miami Beach, one similar to what was
established by the City of Hollywood. The concept was to offer a new amenity to residents and
visitors by identifying an area of the beach that permits off-leash dogs. The proposed dog beach
would be open during pre-established days and times during the week.
The Administration was directed to explore the potential of designating a dog beach for the City.
Over the past few months, staff has met with the pertinent stakeholders including: Florida
Department of Health, Florida Department of Environmental Protection, Miami-Dade County
Animal Services and Miami-Dade County Parks and Recreation Department. In addition, the
City Attorney's Office has been working closely with the Miami-Dade County Attorney's Office.
The proposed ordinance seeks to amend Chapter 10 of the Miami Beach City Code entitled,
"Animals", whereby Section 10-10, "Animals prohibited in public parks and beaches," will
allow for the ability to allow dogs in designated parks or areas of the beach. Amending Section
10-11,"Running at large prohibited; exception", seeks to establish the location and times for the
proposed dog beach, while still providing the City Manager with discretion to authorize
alternative locations, dates and times as he deems necessary. In addition, amending Section
10-11 will also allow for the dogs to be at the designated dog beach off-leash.
Commission Memorandum—Dog Beach—2nd Reading
May 28, 2014
Page 2 of 2
The recommended guidelines/regulations for the City's first proposed dog beach are as follows:
• The designated dog beach will be located between 801h and 82nd Streets east of the
dunes, with entrance east of the North Shore Open Space Park on Collins and 81s'
Street.*
• The dog beach will be open weekly on Fridays, Saturdays and Sundays from 3:00 p.m.
to 7:00 p.m.*
• The dog beach will be staffed by the Parks and Recreation Department during all
operating hours.
• Signage will be placed in a designated area advising of all rules and regulations.
• All dog use shall be by pass only, issued by the Parks and Recreation Department.
• Daily or yearly passes will be issued.
• A hold harmless agreement indemnifying the City will be issued for each participant.
• Daily rate: Resident: $5.00, Non-resident: $10.00 (cash only on site)**
• Trial Annual Rate: Resident: $20.00, Non-resident: $50.00 (May-September 2014)**
• FY 2014/15 annual rate: Resident $50.00, Non-resident $100.00**
• Dogs must have a current rabies tag, collar and name tag to enter the dog beach.
• Owners will be required to clean up their dog's waste (dog waste bags will be provided
by the City).
• Dogs must be leashed anywhere outside of the designated dog beach.
• Unruly dogs and owners may be asked to leave.
• Owners must carry issued passes at all times when utilizing the dog beach.
• Dogs will not be permitted to dig in the sand.
• There is a limit of two (2) dogs per owner.
*Location, days and times are subject to change.
**Subject to cost escalation.
The start-up fees for the dog beach will be derived from staffing, signage, waste bags,
scoopers, flags/cones, bins and monthly water testing, with minimal revenue generated for the
first year (4 month impact). The estimated impact toward FY 2013/14 is $20,000. The estimated
impact toward FY 2014/15 will be significantly lower and will only include recurring operating
costs for materials/supplies and monthly water testing. The operating costs for FY 2014/15 will
be approximately $7200, with revenue of approximately ($3500) for daily and annual passes,
resulting in a net cost of$3,700 applicable in FY 2014/15.
This item was presented on first reading at the May 21, 2014 City Commission meeting.
Pursuant to the direction provided by the City Commission, the Administration recommends
adopting the ordinance. If adopted on second reading, the proposed dog beach can be
implemented ten days after formal adoption of the ordinance.
JLM/ C
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2NE I THURSDAY,MAY 15,2014 NE MiamiHem1d.com l MIAMI HERALD
M
CITY OF MIAMI BEACH
NOTICE OF PUBLIC REARING
NOTICE IS HERESY given that a public hearing will be held by the Mayor and City Commission of the City of Miami Beach,Florida,in the Commission Chambers,
31d floor,City Hall,1700 Convention Center'Drive,Miami Beach;Florida,on Wednesday,May 28,2014,.-to consider the following:
5:30 O.M.
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 An Exception Thereto For Beaches Within Public Park Areas;By Amending Section 10=11,Entitled`Running At Large Prohibited;°
By Amending The Exceptions To The Running At large Prohibitions To Allow Dogs In:A)The Designated Beach Area In North Shore Open Space Park Between
801'And 82,1°Streets From 3:00 P.M.To 7:00 P.M.On Friday,Saturday,And Sunday,And B}An Area Of A Public Park,Or Beach Area Therein,Specifically Designated
By The City Manager And During Such Days And Hoursk May Be Specifically Designated By The City Manager,Providing For Repealer Severability;Codification;
AndAn Effective Date.
Inquiries may be directed to the Parisi and Recreation Department 305.673.7730.
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,111 Floor,City Hall,Miami Beach,Florida 33139.Copies of this item is available for public inspection during
normal business hours in the City Clerk's Office,1700 Convention Center Drive 111 Floor,City Hall,Miami Beach,Florida 33139.This meeting,or any item therein,
may be.continued,and.under such.circumstances,additional legal notice need not be provided.
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 meeting or its hearing,such person must ensure that a.verbatim record_of the proceedings is.made,which record
includes the testimony arid 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 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 us.five days in advance at 305.673.7411(voice)or TTY users may also
call the Florida Relay Service at 711.
Rafael E.Grarrado,City Clerk
City of Miami Beach
891