2017-4139 Ordinance ORDINANCE NO. 2017-4139
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 10 OF THE
CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ANIMALS," BY
CREATING SECTION 10-19, TO BE ENTITLED "CRUELTY TO
ANIMALS"; AND BY AMENDING SECTION 10-2, ENTITLED "FINES
FOR VIOLATIONS OF ANIMAL CONTROL ORDINANCES; UNPAID
FINES TO CONSTITUTE LIEN AND BASIS FOR REVOCATION OF
CITY PARKING PERMITS/DECALS," TO CROSS-REFERENCE THE
NEW PROVISIONS IN SECTION 10-19; 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 neglect, torture, or torment that causes unjustifiable pain or
suffering of an animal.
NOW, THEREFORE, BE IT 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 Code of the City Miami Beach 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 sections 10-17 and 10-18, or Section 10-19, 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.
For purposes of this section, an offense shall be deemed to have occurred on the date that the
violation occurred. An offense occurring 12 months after the last offense shall be treated as a
first offense for purposes of incurring new fines. However, any fines imposed in any prior 12-
month period shall not be waived.
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(b) The failure of any person to pay the appropriate fine within the time allowed or to appeal the
violation shall constitute a waiver of the right to an administrative hearing before the special
master and fines may be accessed accordingly.
(c) A certified copy of an order imposing a fine may be recorded in the public records and
thereafter shall constitute a lien upon any real or personal property owned by the violator
and it may be enforced in the same manner as a court judgment by the sheriffs of this state,
including levy against the violator's personal property, but shall not be deemed to be a court
judgment except for enforcement purposes. After two months from the recording of any
such lien that which remains unpaid, the city may foreclose or otherwise execute upon the
lien. In addition, any order of the special master imposing a fine for a violation of section 10-
11 that remains unpaid two months after the date of the order shall be grounds for the
revocation of any and all residential parking permits or decals issued to the violator by the
city.
* * *
SECTION 2. That Chapter 10 entitled "Animals," of the Code of the City Miami Beach is
hereby amended to create Section 10-19 to be entitled "Cruelty to Animals," as follows:
Sec. 10-19. Cruelty to Animals.
ill A person who unnecessarily overloads, overdrives, torments, deprives of necessary
sustenance or shelter, or unnecessarily mutilates, or kills any animal, or causes the same to
be done, or carries in or upon any vehicle, or otherwise, any animal in a cruel or inhumane
manner, commits animal cruelty, punishable by a fine of not more than $10,000.
j A person who intentionally commits an act to any animal, or a person who owns or has the
custody or control of any animal and fails to act, which results in the cruel death, or
excessive or repeated infliction of unnecessary pain or suffering, or causes the same to be
done, commits aggravated animal cruelty, punishable by a fine of not more than $20,000.
(a) A person convicted of a violation of this subsection, where the finder of fact determines
that the violation includes the knowing and intentional torture or torment of an animal
that injures, mutilates, or kills the animal, shall be ordered to pay a minimum mandatory
fine of $20,000 and undergo psychological counseling or complete an anger
management treatment program.
j A person convicted of a second or subsequent violation of this subsection shall be
required to pay a minimum mandatory fine of $40,000. Any admission of guilt shall be
considered a conviction for purposes of this subsection.
01 A person who commits multiple acts of animal cruelty or aggravated animal cruelty against
an animal may be charged with a separate offense for each such act. A person who
commits animal cruelty or aggravated animal cruelty against more than one animal may be
charged with a separate offense for each animal such cruelty was committed upon.
0_1 A veterinarian licensed to practice in the state shall be held harmless from either criminal or
civil liability for any decisions made or services rendered under the provisions of this section.
Such a veterinarian is, therefore, under this subsection, immune from a lawsuit for his or her
part in an investigation of cruelty to animals.
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SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
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 ten (10) days following adoption.
PASSED AND ADOPTED this as day of Ou(Obl( , 2017.
ATTEST:
Mayor P !in
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APPROVED AS TO
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City Attorney
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Ordinances - R5 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J. Aguila, City Attorney
DATE: October 18, 2017
10:10 a.m. 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 CODE OF THE CITY
OF MIAMI BEACH, ENTITLED "ANIMALS," BY CREATING SECTION 10-19, TO BE
ENTITLED "CRUELTY TO ANIMALS"; AND BY AMENDING SECTION 10-2,
ENTITLED "FINES FOR VIOLATIONS OF ANIMAL CONTROL ORDINANCES;
UNPAID FINES TO CONSTITUTE LIEN AND BASIS FOR REVOCATION OF CITY
PARKING PERMITS/DECALS," TO CROSS-REFERENCE THE NEW
PROVISIONS IN SECTION 10-19; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION,AND AN EFFECTIVE DATE.
RECOMMENDATION
Pursuant to the request of Mayor Philip Levine, the above-referenced Ordinance is submitted for
consideration by the City Commission at the July 26, 2017 Commission Meeting on First Reading.
Legislative Tracking
Office of the City Attorney
Sponsor
Mayor Philip Levine
ATTACHMENTS:
Description
CI Creating Sec 10-19 Cruelty to Animals
Page 471 of 1633