BIE - Provide Notice of Trapping Extermination Services (4/29/2025)MIAMI BEACH
City of Miami Beach, 1700 Conven!ion Center Drive, Miami Beach. Flori d a 33139 . www.miamibeachfl.gov
TO:
FROM:
Mayor Steven Meiner and Members of the City Commission
Eric Carpenter, City Manager
MEETING DATE: May 21 , 2025
SUBJECT: BUSINESS IMPACT ESTIMATE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 58 OF THE
MIAMI BEACH CITY CODE, ENTITLED "HOUSING," BY AMENDING
ARTICLE Ill , ENTITLED "PROPERTY MAINTENANCE STANDARDS,"
BY AMENDING SECTION 58-298 THEREOF, ENTITLED
"RESPONSIBILITIES OF OWNERS AND OCCUPANTS," TO REQUIRE
PROPERTY OWNERS OF HOUSES AND BUILDINGS WITHIN THE
CITY TO PROVIDE NOTICE OF ANIMAL TRAPPING OR
EXTERMINATION SERVICES; AND, PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?
0 Yes □ No (If no, please check one of the boxes below)
If one or more boxes are checked below, this means the City of Miam i Beach has determined that
a Business Impact Estimate for the above-referenced Ordinance is not required by State law.
□ The proposed Ordinance is required for compliance with Federal or State law or regulation ;
□ The proposed Ordinance relates to the issuance or refinancing of debt;
□ The proposed Ord inance relates to the adoption of budgets or budget amendments ,
including revenue sources necessary to fund the budget;
□ The proposed Ordinance is required to implement a contract or an agreement, including ,
but not limited to, any Federal , State, local , or private grant or other financial assistance
accepted by the City;
□ The proposed Ordinance is an emergency ordinance ;
□ The Ord inance relates to procurement; or
D The proposed Ordinance is enacted to implement the following :
a . Private applications for comprehensi ve plan amendments and land development
regulation amendments;
b. De velopment orders, development permits , and development agreements ;
c . Sections 190.005 and 190 .046 , Florida Statutes , regarding community development
districts;
d. Section 553 .73 , Florida Statutes, relating to the Florida Building Code ; or
e . Section 633 .202 , Florida Statutes, relating to the Florida Fire Prevention Code .
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Business Impact Estimate
Page 2
If none of the above exceptions apply , this Business Impact Estimate is hereby provided in
accordance with Section 166.041(4), Florida Statutes.
1. A summary of the proposed Ordinance and its purpose is more fully set forth in the Commission
Memorandum accompanying the Ordinance, as well as in the recitals to the Ordinance itself. The
Commission Memorandum and Ordinance are attached hereto .
2 . The City of Miami Be ach estimates that the proposed Ordinance will have no direct economic
impact on private, for-profit businesses in the City of Miami Beach , that the proposed Ordinance
will have no direct compliance costs that businesses may reas onably incur; that the proposed
Ordinance will not impose any new charge or fee for which businesses will be financially
responsible, and that the proposed Ordinance will not impact the City of Miami Beach 's regulatory
costs and will not generate any revenue from new charges or fees.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance :
The City of Miami Beach estimates that no businesses are likely to be impacted by the proposed
Ordinance.
1 4. Additional comments : None.
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Ordinances -RS P
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM : . City Attorney Ricardo J . Dopico
DATE :
TITLE :
April 23 , 2025 10:25 a.m. F irst Reading Public Hearing
AN ORDINANCE OF THE MAYOR AND CI T Y COMMISSION OF THE CITY OF
MIAMI BEACH , FLORIDA, AMENDING CHAPTER 58 OF THE MIAMI BEACH CITY
CODE , ENTITLED "HOUSING ," BY AMENDING ARTICLE Ill , ENTITLED
"PROPERTY MAINTENANCE STANDARDS ," BY AMENDING SECTION 58-
298 THEREOF , ENTITLED "RESPONSIBILITIES OF OWNERS AND
OCCUPANTS," TO REQUIRE PROPERTY OWNERS OF HOUSES AND
BUILDINGS WITHIN THE CITY TO PROVIDE NOTICE OF ANIMAL TRAPPING OR
EXTERMINATION SERVICES ; AND , PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION , AND AN EFFECTIVE DATE .
RECOMMENDATION
BACKGROUND/HISTORY
On December 11, 2024 , at the request of Comm issioner Kristen Rosen Gonzalez, the Mayor
and City Commission approved a referral (Item C4 P) to the Public Safety and Neighborhood
Quality of Life Committee (PSNQLC) to dis cuss the proposed amendment for Secti on 58-298,
entitled Responsibilities of Owners and Occupants, to add subsection (r) to require owners and
occupants within the City of Miami Beach to provide notice to surrounding neigh bors of an
impending planned animal trapping or extermination services, enabling these neighbors to protect
their own pets from unintended harm resulting from the trapping or extermination services.
On January 29 , 2025, the item was discussed and forwarded to the full City Commission with a
favorable 'recommendation.
ANALYSIS
The proposed ordinance amendment fa lls under Chapter 58 Article Ill Property Maintenance
Standards. Violations cited under Section 58-298 do not have an immediate penalty, but rather,
are scheduled before the Special Magistrate . Specifically, a Code Compl iance Officer will provide
notice to the person responsible for such violation , cease the trapping or extermination services
immediately , outline the course of remedial action , and ensure compliance is obtained . If the
vio lation is not corrected , the Code Compliance Officer will execute an Affidavit of Non-
Compliance and escalate the violation to the Special Magistrate Office to schedule a hearing. The
Special Magistrate will then re vi ew the violation and determine the corrective action and penalty.
The Code Compliance Department envisions that these types of cases will be complaint-d riven
and /or referrals from Public Work's Cat Program staff.
FISCAL IMPACT STATEMENT
N/A
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Does this Ordinance requ i re a Business Impact Estimate? No
(FOR ORD INANCES ON LY)
If applicable, the Business Impact Estimate (BIE) was published on :
See BIE at : https ://www.miam ibeachfl.qov/city-hal l/city-clerk/meeting-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
Is this a "Residents Right to Know" item,
pursuant to City Code Section 2-17?
No
Is this item related to a G.O. Bond
Project?
No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so , specify the name of lobbyist (s) and principal(s):
Department
C ity Attorn ey
Sponsor(s)
Com mission e r Kristen Rosen Gonzalez
Co-sponsor(s)
Condensed Title
10 :25 a.m . 1st Rdg P H, Provide Notice of Tra ppi ng /Extermina t ion Services. (KRG) CA
Previous Acti on (For City Clerk Use Only)
Not reached on 3/19/2025 -R S M
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ORDINANCE NO. _____ _
AN ORDINANCE OF THE MAYOR AND CITY COMM ISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 58 OF THE
MIAMI BEACH CITY CODE , ENTITLED "HOUSING," BY AMENDING
ARTICLE Ill, ENTITLED "PROPERTY MAINTENANCE STANDARDS,"
BY AMENDING SECTION 58-298 THEREOF, ENTITLED
"RESPONSIBILITIES OF OWNERS AND OCCUPANTS", TO REQUIRE
PROPERTY OWNERS OF HOUSES AND BUILDINGS WITHIN THE
CITY TO PROVIDE NOTICE OF ANIMAL TRAPPING OR
EXTERMINATION SERVICES; AND , PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION , AND AN EFFECTIVE DATE .
WHEREAS, currently, Section 58-298 governs the responsibilities of owners and
occupants of buildings in the Ci ty of Miami Beach, including management of animals, pets, and
pes ts: and
WHEREAS , the Mayor and City Commission have determined that it is in the best
interest of the City to amend Section 58-298 to add subsection (r) to require owners of houses
and buildings within the City to provide notice to surrounding neighbors of an impending
planned animal trapping or extermination services so that these neighbors may ta ke steps to
protect their own pets from unintended harm resulting from the trapping or extermination
services .
NOW, THEREFORE , BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH , FLORIDA:
SECTION 1. Section 58 -298 of Article 111, of Chapter 58 of the City Code, entitled
"Responsibilities of Owners and Occupants," is hereby ame nded as follows:
CHAPTER 58
HOUSING
ARTICLE 111 . PROPERTY MAINTENANCE STANDARDS
Sec . 58 -298. Responsibilities of owners and occupants.
(r) All owners of houses and buildings within the city sha ll provide notice by hand-delivery or
U.S . Mail to every resi dence within 500 feet at least thr ee (3) days prior to a ny planned
animal trapping or extermination service at the house or building so that these neighbors
may take steps to protect th eir own pets from un intended harm resulting from the trapping
or extermination services.
SECTION 2. 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 part of the
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Miami Beach City Code. The sections of this ordinance may be renumbered or relettered to
accomplish such intention , and the word "ordinance" may be changed to "section," "article." or
other appropriate word .
SECTION 3. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY
If any section . subsection , clause or provision of th is Ord inance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DA TE.
This Ordinance shall take effect 10 days after passage.
PASSED AND ADOPTED this __ day of ______ ~ 2024.
ATTEST:
Steven Meiner, Mayor
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Kristen Rosen Gonzalez)
P"rr "·•·~. A"-ri
F as I J ·I
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