BIE - Incorporate Animal Cruelty Statute into CMB Code (4/29/2025)MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florido 33139, www.miomibeachfl.gov
TO:
FROM:
Mayor Steven Meiner and Members of the City Commission
Eri c 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 10 OF THE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED
"ANIMALS," BY CREATING SECTION 10-20 THEREOF, ENTITLED
"CONFINEMENT OF ANIMALS WITHOUT SUFFICIENT FOOD , WATER,
OR EXERCISE ; ABANDONMENT OF ANIMALS "; AND PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
Is a Business Impact Estimate Required?
lil Yes D No (If no, please check one of the boxes below)
If one or more boxes are checked below, this means the City of Miami Be ach has determined that
a Business Impact Estimate for the above-referenced Ordinance is not required by State law.
D The proposed Ordinance is required for compliance with Federal or State law or regulation ;
D The proposed Ordinance relates to the issuance or refinancing of debt;
D The proposed Ordinance relates to the adoption of budgets or budget amendments,
including revenue sources necessary to fund the budget;
D The proposed Ordinance is required to implement a contract or an agreeme nt, including,
but not limited to , any Federal , State , local, or private grant or other financial assistance
accepted by the City;
D The proposed Ordinance is an emergency ordinance ;
D The Ordinance relates to procurement; or
D The proposed Ordinance is enacted to implement the following :
a . Private applications for comp rehe nsive plan amendments and land developme nt
regulation amendments;
b. Development orders , development permits, and development agreements ;
c. Sections 190.005 and 190 .046, Florida Statutes , re garding 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 Beach estimates that the proposed Ordinance will have no direct economic
impact on private, for-profit businesses in the City of M iami Beach , that the proposed Ordinance
will have no direct compliance costs that businesses may reasonably incur; that the proposed
Ordinance will not impose any new charge or fee for which businesses will be f inancially
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 li kely 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 Q
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 :26 a.m. First Read ing Publi c Hearing
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 , FLORIDA, ENTITLED "ANIMALS ," BY CREATING SECTION 10-
20 THEREOF , ENTITLED "CO NFINEMENT OF ANIMALS WITHOUT SUFFICIENT
FOOD , WATER, OR EXERCISE; ABANDONMENT OF ANIMALS"; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION , AND AN
EFFECTIVE DATE .
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The proposed ord inance is presented for the consideration of the Mayor and City Commission.
The confinement of animals w ithout sufficient food , water, or exercise, and the abandonment of
animals, is currently unlawful pursuant to Fla. Stat. Sec. 828.13 and is punishable by fine and
imprisonment.
If adopted , the proposed ord inance would prohibit the same conduct regulated by Sec. 828.13 in
the Code of the City of Miami Beach , enforced criminally by the Miami Beach Po lice Department
and prosecuted by the City's municipal prosecution team, as well as by fines ranging from $1 ,000
per day to $15,000, enforced the Code Compliance Department, as recommended by a
unanimou s vote of the City's Animal Welfare Committee at its March 1 1, 2025 meeting .
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate? No
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
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CONCLUSIO N
Applicable A rea
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
City Attorney
Sponsor(s)
Commissioner L aura Dominguez
Co-sponsor(s)
Condensed Title
10:26 a.m . Incorporate An imal Cruelty Statute into CM B Code (Dominguez) CA
Previous Action (For City Clerk Use Only)
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ORDINANCE NO. ____ _
AN ORDINANCE OF TH E MAYOR AND CIT Y COMM ISS ION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 10 OF THE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED
"ANIMALS," BY CREATING SECTION 10-20 THEREOF , ENTITLED
"CONFINEMENT OF ANIMALS WITHOUT SUFFICIENT FOOD,
WATER, OR EXERCISE; ABANDONMENT OF ANIMALS"; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
WHEREAS , the con fin ement of animals without sufficient food, water, or exercise ,
and the abandonment of animals, is currently unlawful pursuant to Fla . Stat. Sec. 828.13
and is punishable by fine and imprisonment: and
WHEREAS , the Mayor and City Commission des ire to prohibit the same conduct
regulated by Sec. 828.13 in the Code of the City of Miami Beach , enforceable by the
Miami Beach Police Department and prosecuted by the Ci ty 's municipa l prosecution
team , as recommended by a unanimous vo te of the City's Animal Welfare Committee.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Se ction 10-20 of the City Code shall be created as follows:
CHAPTER 10
ANIMALS
Sec. 10-20. Confinement of an i mals without sufficient food, water, or exerci se;
abandonment of animals .
ill As used in this sect ion:
.2.c "Abandon " means to forsake an animal enti rely or to neglect or refuse to
provide or perform the leg a l obligations for care and support of an animal by
any person owning, po ssessing, taking or havi ng custody of, o r other person in
charge of an animal.
@Whoever:
.2.c Impounds or confi nes any an imal in any pl ace and fai ls to supply the animal
during such confi nement with a sufficient quantity of good and who lesome food
and water,
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lL Keeps any animals in any enclosure without wholesome exercise and change
of air.
£, Abandons to die any animal that is maimed. sick. infirm. or diseased. or
g., Abandons such animal to suffer injury or malnutrition or abandons any animal
in a street. road. or public place w ithout providing for the care. sustenance.
protection. and shelter of such animal is guilty of a violation of this section.
enforced and punishable as provided in subsection (3).
Q} This section may be enforced by the Miami Beach Police Department and the
Code Compliance Department. Any person who violates this section shall be
subject to the following fines:
@.) $1,000.00 per day for a first violation:
(Ql $5,000.00 per day for a second or subsequent violation: and
(Q) $15.000.00 for any violation that is if the special magistrate finds the violation
to be irreparable or irreversible in nature.
( 4) Violations of this section may also be enforced pursuant to Section 1-14 of the City
Code.
SECTION 2. REPEALER.
All ordinances or parts of ord inances in confl ict herewith are hereby repealed .
SECTION 3. SE VERABILITY.
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 hold ing 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 re num bered 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 .
T his Ordinance shall take effect on ___________ _
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PASSED and ADOPTED this __ day of ________ ,, 2025 .
ATTEST:
Steven Meiner, Mayor
Rafael E. Granado , City C lerk
Sponso red by Commissioner Laura Dominguez)
Underline denotes additions.
Slrikethreugh denotes deletions.
APPROVED AS TO
FORM & LANGUAGE
&~F UTION
+ I ,s/ '-'>ZI> --'-"-o _ _,, __
City At y ~ Date
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