2017-4140 Ordinance ORDINANCE NO. 2017-4140
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
AMENDING SECTION 10-13, ENTITLED "REMOVAL OF ANIMAL
DEFECATION," TO ALSO REQUIRE THE REMOVAL OF WASTE
ASSOCIATED WITH ANIMAL FEEDING AND PROHIBITING THE USE
OF POLYSTYRENE SERVING ITEMS; 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 health,
safety, and welfare of the City of Miami Beach to require the removal of the waste associated
with animal feeding, to prohibit the use of polystyrene serving items, and to impose the same
fines for such violations as are imposed for the failure to remove animal defecation.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 10-13 of Chapter 10, entitled "Animals," of the Code of the City
Miami Beach is hereby amended as set forth below. The fine provisions in Section 10-2 are
provided for reference purposes:
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.
(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.
* * *
Sec. 10-13. Removal of animal defecation; removal of waste associated with animal
feeding, polystyrene serving items prohibited.
(a)
al Removal of animal defecation. Any person owning, possessing, harboring or having the
care, charge, control or custody of any animal shall immediately remove and thereafter
dispose of any fecal matter deposited by the animal on public or private property (other than
the property of the owner or responsible party of the animal) unless the owner or person in
lawful possession of the property has consented to such deposit. For the purpose of this
subsection, animal fecal matter shall be immediately removed by placing the matter in a
closed or sealed container and thereafter disposing of it by depositing the matter in a trash
receptacle, sanitary disposal unit, or other closed or sealed container.
(2) Removal of waste associated with animal feeding, polystyrene serving items prohibited.
Any person who feeds or provides food or liquids intended for human or animal
consumption to an animal on public or private property (other than the property of the owner
or responsible party for the animal) shall remove and dispose of any waste associated with
the feeding of the animal, including but not limited to, any remaining food or liquid and the
serving items (including, but not limited to, dishes, plates, cans, or containers), immediately
following the feeding of the animal. The use of polystyrene serving items is prohibited.
Animals may be fed by placing food on the ground, provided the food is removed in
accordance with this subsection. For the purpose of this subsection, the waste associated
with animal feeding shall be immediately removed by depositing the waste in an appropriate
trash or garbage receptacle.
(b) This section shall not apply to disabled persons accompanied by a service dog used for
their assistance.
* * *
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
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SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
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 ten (10) days following adoption.
PASSED AND ADOPTED this tl.
day of OCIObP( , 2017.
ATTEST:
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F:\ATTO\TURN\ORDINANCE\Amending Sec 10-13 of Chapter 10-Animal Feeding.docx
3
Ordinances - R5 D
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J. Aguila, City Attorney; Hernan Cardeno, Code Compliance
Director
DATE: October 18, 2017
10:15 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 AMENDING SECTION 10-13,
ENTITLED "REMOVAL OF ANIMAL DEFECATION," TO ALSO REQUIRE THE
REMOVAL OF WASTE ASSOCIATED WITH ANIMAL FEEDING AND PROHIBITING
THE USE OF POLYSTYRENE SERVING ITEMS; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
Pursuant to the request of Commissioner John Elizabeth Aleman, the above-referenced Ordinance
was approved by the City Commission on First Reading at the September 25, 2017 Commission
meeting. This Ordinance is submitted for consideration by the Mayor and City Commission on
Second Reading/Public Hearing.
No fiscal impact is anticipated at this time as current Code Compliance resources will be utilized for
enforcement.
Legislative Tracking
Office of the City Attorney; Code Compliance
Sponsor
Commissioner John Elizabeth Aleman
ATTACHMENTS:
Description
ID Amending Ch 10 Sec 10-13 Animal Feeding
Page 475 of 1633