R5F-Extend Pilot Program Off-Leash Area For Dogs In S Pointe Park -NCAC-COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance amending Chapter 1 0 of the Miami Beach City Code entitled "Animals" by amending Section 10-11, entitled
"Running At Large Prohibited" by extending the pilot off leash program for dogs in South Pointe Park through and including
December 31, 2012, providing for repealer, severability, codification and an effective date.
Key Intended Outcome Supported:
Increase satisfaction with family recreational activities
Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey indicates 84.9% of
residents rated the City's Recreation programs as either excellent or good.
Issue:
Should the City Commission approve this ordinance on first reading extending dog off leash pilot program in South Pointe
Park throu hand until December 31, 2012?
Item Surrima /Recommendation:
There have been several Commission/Commission Committee discussions concerning dogs off leash in South Pointe Park
and the existing pilot program. Select actions are as follows:
• September 9. 2009, the City Commission adopted Ordinance No. 2009-3646, authorizing dogs to be unleashed in
South Pointe Park for a six-month pilot program from sunrise to 9:00 a.m. (Mon-Fri).
• February 3. 2011, the Neighborhoods/Community Affairs Committee (NCAC) recommended extending the trial
period to include two (2) additional hours in the evening on Mon. through Fri. This action was approved and
accepted by the City Commission at the March 9, 2011, Commission meeting.
• October 19. 2011, the City Commission approved an ordinance on second/final reading that extended the pilot off--
leash program until January 1, 2012, and added two (2) hours in the evening from 5:00 P.M. To 7:00 P.M.,
Monday through Friday.
• January 11. 2012. the City Commission approved an ordinance amendment on second reading to extend the pilot
off-leash pilot program for dogs in South Pointe Park until July 15, 2012, modified the off-leash hours in the
designated area in the morning from sunrise to 10:00 A.M. daily and between 4:00 P.M. and 7:00P.M. Monday
through Friday and relocated the off-leash area to the west lawn, south and east of the Washington Avenue entry
plaza.
• May 22. 2012, the N/CAC discussed the South Pointe Park dog off-leash pilot program and recommended it be
extended again from July 15, 2012 through and until December 31, 2012.
Based on the NCAC recommendation, the proposed ordinance amendment extending the South Pointe Park Dog Off-
Leash Pilot Program is presented on first reading. The Administration requests direction from the full Commission on the
NCAC's recommendation to extend the ilot ro ram.
Adviso Board Recommendation:
NCAC meeting on 5/22/12; recommendation to proceed with ordinance amendment to extend off leash area pilot program
in South Pointe Park throu hand until December 31, 2012.
Financial Information:
Source of Amount Account
Funds: 1
OBPI Total
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
Si n-Offs:
Department Director
KS
T:\AGENDA\2012\6-6-12\Animal Ordinan
MIAMI BEACH os-p AGENDA ITEM _0~.,....----
DATE C,-b-Fl.r 373
lD MIAMI BEACH "'='"
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM:
DATE:
Jorge M. Gonzalez, City Manager C'\ ~
June 6, 2012 U U FIRST 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-
11, ENTITLED "RUNNING AT LARGE PROHIBITED," BY EXTENDING THE
PILOT PROGRAM OFF-LEASH AREA FOR DOGS IN SOUTH POINTE
PARK THROUGH AND INCLUDING DECEMBER 31, 2012, PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
ADMINISTRATION RECOMMENDATION
The proposed ordinance amendment to extend the off-leash area in South Pointe Park is
presented for first reading following a discussion and recommendation of the issue at the
Neighborhoods/Community Affairs Committee (NCAC) at the May 22, 2012 meeting.
KEY INTENDED OUTCOME SUPPORTED
Increase satisfaction with recreational programs.
INTRODUCTION
At the January 28, 2009, Commission meeting, the Administration requested the matter of dogs
off-leash in City parks and other public properties in general, be referred to the
Neighborhood/Community Affairs Committee for discussion. This initial Neighborhood/Community
Affairs discussion was held on February 17, 2009. Since that time there have been ongoing
discussions as to how the City can find the proper levels of services that address the needs of our
residents and guests who own dogs with those who do not. These discussions have focused on
the development of "bark parks" (fenced in areas in parks specifically designed and designated for
dogs to run off leash): access for the dogs to water from a beach or park edge; the provision of
dog bag/ waste stations that are located throughout the city's parks, rights of way, Lincoln Road,
the Beach walk and other public areas; and the establishment of off-leash access in the parks to
areas which are unfenced/ unsecured where dogs would run off leash and beyond their owner's
control. To date there have been seven (7) discussions related to dogs-off leash in South Pointe
Park at the Neighborhood/Community Affairs Committee; one (1) at the Land Use & Development
Committee (in conjunction with the Par 3 dog off-leash discussion); and six (6) Commission actions
related to the matter.
BACKGROUND
There are presently a total of five (5) fenced dog parks and one designated off-leash area within
the City's parks. These include Belle Isle, Flamingo, North Shore Open Space Park, Pinetree,
South Pointe (designated un-fenced/off-leash area), and Washington Avenue (two sites).
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Ordinance Amendment To Chapter 10-Section 10-11 Running At Large Prohibited
June 6, 2012
City Commission Meeting
Page 2of4
As South Pointe Park neared completion, a discussion was held on the development of a dog park
within South Pointe Park, which would be an enclosed area similar to the dog parks in Flamingo,
Washington Avenue, Pinetree, or Belle Isle. The conclusion, of the discussion was to build-out a
larger dog park on Washington Avenue, diagonal from the then-existing dog park on Collins
Avenue and 2nd street. It was also recommended that the City look at whatever amendments would
be needed to allow a pilot, off-leash area in a designated section of South Pointe Park, with limited
hours of use. The designation of an off-leash area was not only prohibited by City Code, but it was
also prohibited by County Code.
On September 9, 2009, the City Commission approved, on second reading, an Ordinance
amending Chapter 1 0 of the Miami Beach Code entitled "Animals" to allow the City Commission to
designate specific off-leash areas for dogs in public parks, specifically for South Pointe Park. The
September 9th action established morning off-leash hours (park opening (sunrise) to 9:00 A.M.)
only in a specific, unenclosed area of South Pointe Park located in the triangular area where the
public art was scheduled to be sited (south and west of the Washington Avenue entry plaza). The
item was amended to clarify that an off-leash program at South Pointe Park would be for a trial
period of six months, commencing only if/when Miami-Dade County amended Section 5-20 of their
Code pertaining to animals. At the time of the City Ordinance approval, County Code prohibited
dogs off leash except in authorized park areas. The County Commission adopted the ordinance
amendment at their May 4, 2010 Miami-Dade Board of County Commissioners meeting.
The initial Off-Leash Pilot Program in South Pointe Park began on June 1, 2010. At the February 3,
2011, Neighborhood/Community Affairs Committee meeting, the Committee held a discussion
concerning the South Pointe Park dogs off-leash pilot program and recommended extending the
trial period, as well as adding two (2) additional hours in the evening on Monday through Friday
only (hours to be determined). They also discussed the concept of adding a hedge to surround the
off-leash area once it returns to its permanent area (from where it had to be moved when the art
piece was being installed). It was concluded that the item would return to Committee after the
installation of the public art, and if the off-leash program was approved to continue, to discuss
whether the off-leash area should move back to the original site, or remain at the current location
(portion of west lawn).
In light of the pending expiration of the in South Pointe Park Dogs Off-Leash Pilot Program, and
the anticipated completion of the public art installation, a discussion item on the program was
placed on the December 8, 2011, NCAC Meeting for purposes of obtaining direction on: 1) whether
the program should be extended/made permanent; and, if so, 2) what the permanent location of
the site should be. he Committee discussed both issues. There was a consensus to extend the
program; however, Commissioner Libbin expressed concern with extending the program if it did
not include a hedge of some sort surrounding the "off-leash" area. In terms of location, there was
general agreement, including from community members present, to keep the current location
(portion of west lawn), rather than move the off-leash area back to where the public art piece had
been installed.
Following a discussion and community input, the NCAC members recommended that the
Administration be directed to:
• Extend the South Pointe Dog Off-leash Pilot Program for six (6) months in its current location
(approximately 18,000sf in the west lawn, south and east of the Washington Avenue entry
plaza, bordered to the south by the cutwalk, and a pathway on the east and north sides), with
an additional one (1) hour of off-leash time in both the morning and the afternoon. This
extension required an amendment to the current city code (via amendment to the ordinance);
and
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Ordinance Amendment To Chapter 10-Section 10-11 Running At Large Prohibited
June 6, 2012
City Commission Meeting
Page 3of4
• Prepare a site plan of the South Pointe Off-leash area in its present location and secure a cost
estimate for the installation of a hedge, of the appropriate species and height, to enclose the
"off-leash" area. The installation of a hedge would require;
o Presentation of the proposed site plan with the hedge to the Design Review Board.
o Identification of funding to implement this hedge, should it be approved by the Design
Review Board.
The Committee also directed staff to bring back for further discussion the continuation of the pilot
program within five (5) months if there was no conclusion on the hedge issue.
The recommendations were approved by all Committee members present at the meeting.
ANALYSIS
As directed, at the December 14, 2011 Commission meeting the Administration prepared and
presented on first reading an Ordinance Amendment to Chapter 10 of the Miami Beach City Code
entitled "Animals" to extend the pilot off-leash pilot program for dogs in South Pointe Park until July
15, 2012; modified the off-leash hours in the designated area in the morning from sunrise to 10:00
A.M. daily and between 4:00 P.M. and 7:00 P.M. Monday through Friday; and relocated the off-
leash area to the west lawn, south and east of the Washington Avenue entry plaza; the
amendment was approved. On January 11, 2012, the required second reading and public hearing
for the above ordinance amendment was held and approved by the City Commission.
Additionally, as directed by the City Commission, on February 2, 2012 the Administration prepared
and submitted the required application to the Design Review Board for design review of a small,
low growing native hedge to define the boundaries of the off-leash area delineated by the City
Commission within South Pointe Park. On March 13, 2012, the Design Review Board entered an
Order denying the request of the City Administration for a proposed hedge for the off-leash dog
area within South Pointe Park and on March 21, 2012, the City Commission directed the City
Manager to appeal the ORB Order. At the April 11, 2012 Commission meeting, a resolution setting
the public hearing, pursuant to Section 118-262 of the City Code, to review the Design Review
Board Order denying the request for the proposed hedge was approved.
At the May 9, 2012, City Commission meeting, the required public hearing to consider the appeal
of the Design Review Board Order was held. Following the public hearing and during the
discussion by the City Commission, a motion was made by Vice-Mayor Libbin to continue the
consideration of the appeal of the DRB Order to the June 6, 2012 Commission meeting. This
motion was approved 6-1.
REPORT/UPDATE ON INCIDENTS-PAST 18 MONTHS
At the May gth Commission meeting, a request was made for a complete report from the
Administration to see if there have been any problems with the designed off-leash program over
the past 18 months. Please note that according to the Police Department (and private security),
Fire Department, Code Enforcement Division, and Parks & Recreation staff, there are no
documented instances of patrons being bitten or attacked by dogs that are off-leash at South
Pointe Park.
ljowever, staff assigned to the park do express concern that they are regularly verbally abused by
dog owners when they ask those dog owners to put their dogs on a leash when they are out of the
designated off-leash area, or are not compliant with the established times for the dogs to be off-
leash.
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Ordinance Amendment To Chapter 10-Section 10-11 Running At Large Prohibited
June 6, 2012
City Commission Meeting
Page 4 of4
Additionally, compliance monitoring reports maintained by Code Compliance and Security Alliance
indicate that for the period of June, 2010 to May, 2012, there were a total of 672 documented
instances of dogs off-leash in violation of the City's established times and location. It should also
be noted that that Code Compliance Division staff has maintained a Repeat Offenders Dog
Violations citywide summary for the period of April 1, 2011 and April 18, 2012 -with information on
dog owners that have received a minimum of two (2) notices. For South Pointe Park there are six
individuals on this list who, collectively, have received a total of twenty-two (22) violations, with two
(2) of the six (6) dog owners each being issued six (6) violations in South Pointe Park. By
comparison, citywide there are a total of 208 violations for dog-related violations issued to a total of
forty-five (45) individuals in this same period. Please see the attached summaries of these
incidents).
NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE DISCUSSION-MAY 22,2012
Pursuant to the direction of the NCAC at its December meeting, the Administration requested the
Neighborhood/Community Affairs Committee discuss and provide direction concerning the
continuation or termination of the pilot program as approved by the City Commission. The NCAC
held this discussion at its May 22, 2012 meeting. The discussion included the Committee
members, a resident, and the Administration. Among the issues discussed:
1) The number of incidences of non-compliance (e.g. outside the designated off-leash area or
those not compliant with the established times for the dogs to be off-leash). The Committee
was presented information reflecting 672 incidences of non-compliance from June, 2010 -
May 15, 2012, as reported by the City's Code Enforcement Division and Security Alliance
LLC, the City's private security in the park. A Repeat Offenders Dog Violations report,
prepared by the Code Enforcement Division, also six (6) repeat violators who accounted for
twenty-two (22) instances of non-compliance in South Pointe Park;
2) The option of creating an ordinance which would make it a criminal offense (a second
degree misdemeanor) to have a dog off-leash in the park outside the designated
area/hours;
3) A request for research on what other cities do to enforce the dog leash laws;
4) A request for a breakdown of how many of the noted non-compliance cases resulted in
violations being issued by the Code Enforcement Division, and the result of the violations
being issued (e.g. paid, not paid, etc.);
5) A recommendation to extend the South Pointe Park Dog Off-Leash Pilot Program, with all
current conditions, through and including December 31, 2012; and,
6) If the City Commission approves the ORB Appeal to permit the installation of the hedge, to
pursue the next steps to install the hedge (e.g. secure funding) and monitor the dog off-
leash violations/non-compliance for discussion at the time the program expires.
At the conclusion of the discussion the Committee recommended and unanimously approved:
Extending the pilot program off-leash area for dogs in South Pointe Park through and
including December 31, 2012.
CONCLUSION
The proposed ordinance amendment, as recommended by the Neighborhood/Community Affairs
Committee at their May 22, 2012, meeting, extends the designated off-leash pilot program in South
Pointe Park, which is presently due to expire on July 15, 2012 through and until December 31,
2012. If approved on first reading, a second reading, public hearing would need to be set.
JMG/HMF/KS
T:\AGENDA\2012\6-6-12\Animal Ordinance Amendment Off Leash Pilot Program Extension 1st rdg MEMO-R.doc
377
SOUTH POINTE PARK DOGS OFF LEASH PILOT PROJECT VIOLATIONS June 2010-June 2011 Monitoring Agency City of Miami Beach -Code Compliance/Security Alliance LLC ~~ 0 0 0 0 0 "r"' "r"' "r"' "r"' "r"' "r"' fh 0 "r"' 0 "r"' "r"' "r"' "r"' "r"' "r"' "r"' "r"' "r"' "';" _m I "r"' I I ..:. I I I .:. .:. I ss c I C) a. ~ c .D >-c ~ ~ : G). () .!! G) ftl : j ~ ~~~ 0 0 z u.. :! #In the morning (during permitted hours) outside the specified area 6 3 5 2 9 17 11 2 3 9 5 13 85 # In the morning after 9 AM in the specified area 4 2 1 1 7 0 3 1 1 1 1 2 24 #In the morning after 9 AM in the unspecified area 1 2 1 1 6 1 3 0 0 3 2 3 23 # In the afternoon in the specified area 2 10 42 20 20 17 14 18 6 11 5 3 168 #In the afternoon in the unspecified area 10 3 11 4 5 18 26 29 24 17 8 4 159 # of Violations noted but not issued -no identification -leave site 0 9 2 5 5 6 3 1 2 3 2 3 41 Total Violations 23 29 62 33 52 59 60 51 36 44 23 28 500 DOGS OFF LEASH PILOT PROJECT VIOLATIONS July 2011-May 2012 Monitoring Agency City of Miami Beach -Code Compliance/Security Alliance LLC N ~~ "r"' "r"' "r"' "r"' () N N N N 0 "r"' "r"' "r"' "r"' "r"' G) "r"' "r"' "r"' "r"' "r"' J!O> "r"' I I I I Q I I .:. .:. I J!.$ I C') a. 1> ~ c .c ~ ]_ .i I ftl ~ G) -~ G) I~ lJ 0 0 z -u.. li li #In the morning (during permitted hours) outside the specified area 6 5 1 8 6 4 1 1 0 13 7 562 ! #In the morning after 9 AM in the specified area/10-am April on 0 3 0 0 0 0 0 0 0 3 0 # In the morning after 9 AM in the unspecified area /1 0-am April on 3 2 0 1 3 3 3 1 1 5 0 22 #In the afternoon in the specified area 3 1 2 3 3 1 0 2 0 2 4 21 #In the afternoon in the unspecified area 2 4 1 8 2 2 7 2 4 7 5 44 # of Violations noted but not issued -no identification -leave site 5 3 2 0 5 0 1 0 0 5 6 27 Total Violations 19 18 6 20 19 1 0 12 6 5 35 22 172 co ...... M
SOUTH POINTE PARK SOUTH POINTE PARK DOGS OFF LEASH PILOT PROJECT VIOLATIONS SUMMARY June 2010-May 2012 Monitoring Agency City of Miami Beach -Code Compliance/Security Alliance LLC #In the morning (during permitted hours) outside the specified area 137 #In the morning after 9 AM in the specified area/10-am April on 30 #In the morning after 9 AM in the unspecified area /10-am April on 45 #In the afternoon in the specified area 189 #In the afternoon in the unspecified area # of Violations noted but not issued -no identification -leave site Total Violations 203 68 672 0') ...... M
REPEAT OFFENDERS DOG VIOLATIONS Violations Issued between Aprill, 2011 and April18, 2012 -With a Minimum of 2 Notices -·--4 4 2 2 4 2 2 2 6 2 2 4 8 2 1 1 4 2 3 3 8 2 2 4 2 2 2 6 3 3 2 2 4 5 5 3 3 2 2 2 6 \ 8 2 10 2 2 2 2 3 2 9 3 3 3 2 5 4 4 2 2 4 6 3 6 3 18 3 3 2 2 3 3 2 2 4 2 2 4 4 4 2 2 4 2 2 4 6 5 3 3 17 2 3 5 3 3 2 2 2 2 4 2 2 4 2 2 3 3 ' 2 2 2 2 2 2 4 I 3 3 ! 2 2 ' 2 2 4 I :'::':•:········:•:c:>: :., •• , 17 !:}:;:::::::::::~~:::::;::;:::::::::-:::::::::::::::::;::::;:.e~:j'::;:;:::::::::::::;::~-~ 05/22/2012 Code Compliance 0 co M
ORDINANCE NO.------
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 10-11, ENTITLED "RUNNING AT
LARGE PROHIBITED," BY EXTENDING THE PILOT
PROGRAM OFF-LEASH AREA FOR DOGS IN SOUTH POINTE
PARK THROUGH AND INCLUDING DECEMBER 31, 2012,
PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 5-20 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
(i) in a park area in which dogs are specifically authorized by a municipality or by the County to
be unrestrained ... "; and
WHEREAS, on September 9, 2009, the Mayor and City Commission adopted Ordinance
No. 2009-3646 which specifically authorized dogs to be unrestrained and off-leash in South
Pointe Park for a pilot program in the triangular area south and west of the Washington Avenue
entry plaza from sunrise to 9:00 A.M. daily, or during such hours as may be specifically
designated by a resolution of the City Commission after a public hearing; and
WHEREAS, on October 19, 2011, the Mayor and City Commission adopted Ordinance
No. 2011-37 43 which extended the pilot program in South Pointe Park until January 1, 2012,
and extended the off-leash hours in South Park by adding two (2) hours in the evening from
5:00P.M. to 7:00P.M. on Monday through Friday; and
WHEREAS, on January 11, 2012, the Mayor and City Commission adopted Ordinance
No. 2012-3750 which extended the off-leash hours in the morning from sunrise to 10:00 A.M.
daily, and in the evening from 4:00 P.M. until sunset on Monday through Friday, relocated the
off-leash dog area to the area south and east of the Washington Avenue entry plaza, and
extended the off-leash program to July 15, 2012; and
WHEREAS, on May 22, 2012, the Neighborhoods/Community Affairs Committee
recommended that the off-leash pilot program in South Pointe Park be extended through
December 31, 2012; and
WHEREAS, the Mayor and City Commission wish to extend the off-leash pilot program
in South Pointe Park through and including December 31, 2012.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
Chapter 10
ANIMALS
* * *
381
SECTION 1.
That Chapter 10, Section 10-11 of the Miami Beach City Code is hereby amended as follows:
Sec. 10-11. Running at large prohibited.
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 in South Pointe Park, in the designated area south and east of the Washington
Avenue entry plaza, dogs may be off-leash from sunrise to 10:00 A.M. daily and from 4:00 P.M.
to 7:00 P.M. on Monday through Friday, or during such other hours as may be specifically
designated by a resolution of the city commission after a public hearing, until July 15 through
and including December 31, 2012.
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.
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 16th day of June, 2012.
PASSED and ADOPTED this 6th day of June, 2012.
ATTEST:
MATTI HERRERA BOWER
MAYOR
RAFAEL E. GRANADO, CITY CLERK
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APPROVED AS TO
fORM & lANGUAGE
& FO ECUTION