R5C-Extend Pilot Program Off-Leash Area For Dogs In S Pointe ParkCOMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance 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 off leash program for dogs in South Pointe Park through and including
January 31, 2013, providing for repealer, severability, codification and an effective date.
Key Intended Outcome Supported:
Increase satisfaction with recreational programs
Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey indicates 85% 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 h and until Januar 31, 2013?
Item Summa /Recommendation:
There have been several Commission/Commission Committee discussions/actions related to extending the dogs off leash
in South Pointe Park pilot program. Select actions are as follows:
• September 9, 2009 The City Commission approved, on second reading, an Ordinance amending Chapter 10 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 item was amended to clarify that a South Pointe Park Dog Off-
leash Pilot Program 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 the County Code prohibited dogs off leash except in
authorized park areas.
• Mav 4, 2010 The Miami-Dade County Commission adopted the ordinance amendment at their Board of County
Commissioners meeting amending Section 5-20 of their Code pertaining to animals.
• June 10, 2010 The initial South Pointe Park Dog Off-leash Pilot Program began.
• October 19, 2011 The City Commission approved an ordinance that extended the pilot off-leash program until January
1, 2012, and added two (2) hours in the evening from 5:00P.M. To 7:00P.M., Monday through Friday.
• December 8, 2011 The NCAC recommended the program be extended until July 15, 2012.
• July 18. 2012 The City Commission approved extending the South Pointe Park Dog Off-leash Pilot Program through
and including December 31, 2012.
• September 24, 2012 The NCAC unanimously moved to bring the concept of a hedge for the off-leash dog area of
South Pointe Park back to the City Commission and recommended extending the off-leash pilot program through and
including January 31,2013.
Based on the NCAC recommendation, the proposed ordinance amendment extending the South Pointe Park Dog Off-
Leash Pilot Program is presented on first reading. Please note there is an accompanying resolution for this item which
ma modi this ro ram extension date.
Adviso Board Recommendation:
NCAC meeting on 9/24/12; recommendation to proceed with ordinance amendment to extend off leash area pilot program
in South Pointe Park throu hand until Janua 31, 2013.
Financial Information:
Source of Amount Account
Funds: 1
OBPI Total
Financial Impact Summary:
Ci Clerk's Office Le lslative Trackin
Si n-Offs:
Department Director City Manager
KS KGB
T:\AGENDA\2012\11-14-12\Animal Ordinance Amendment OfH rdg Summary 11-14-12.doc
MIAMI BEACH AGENDA ITEM _fi"'"-';";5'=--(_-=---:-
DATE 11-lt{-/2,_
224
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: Kathie G. Brooks, Interim City Manager ;1( ~ /.-
1
DATE: November 14, 2012 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 JANUARY 31,
2013, PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Discuss the proposed ordinance amendment to extend the off-leash area in South Pointe Park
is presented for first reading as recommended by the Neighborhoods/Community Affairs
Committee (NCAC) at the September 24, 2012 meeting and extend the date if determined
appropriate.
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.
BACKGROUND
There are presently total of five 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 (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
November 14, 2012
City Commission Meeting
Page 2 of4
One of the initial discussion issues focused on the development of a dog park within South
Pointe Park, an enclosed area similar to the dog parks in Flamingo, Washington Avenue,
Pinetree, or Belle Isle, or one without a fence. 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 permit 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.
Since the initial discussions in early 2009, there have been several Commission/Commission
Committee discussions concerning dogs off leash in South Pointe Park and the existing pilot
program resulting in various actions. Select actions are as follows:
• September 9. 2009, the City Commission approved, on second reading, an Ordinance
amending Chapter 10 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 action established morning off-leash hours (park opening
(sunrise) to 9:00A.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 a South
Pointe Park Dog Off-leash Pilot Program 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.
• May 4. 2010. the Miami-Dade County Commission adopted the ordinance amendment at
their Board of County Commissioners meeting amending Section 5-20 of their Code
pertaining to animals.
• June 10, 2010. the initial South Pointe Park Dog Off-leash Pilot Program began.
• February 3. 2011, the Neighborhood/Community Affairs Committee held a discussion
concerning the South Pointe Park Dog 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 Lighthouse art sculpture 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).
• 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 5:00P.M. To 7:00P.M., Monday through Friday.
• December 8. 2011, the Neighborhood/Community Affairs Committee discussed the
continuation of the South Pointe Park Dog Off-leash Pilot Program. At the conclusion of
the discussion the Committee recommended the program be extended until July 15,
2012.
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Ordinance Amendment To Chapter 10 -Section 10-11 Running At Large Prohibited
November 14, 2012
City Commission Meeting
Page 3 of4
• January 11, 2012. the City Commission approved an ordinance amendment on second
reading to extend the South Pointe Park Dog Off-leash Pilot Program 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 Commission also instructed the Administration to file an application to the
Design Review Board (ORB) for the approval of a hedge in the newly established
location.
• March 6, 2012, the ORB held a hearing on the Administration's application for the
approval of a hedge in the newly established location of the off-leash area in South
Pointe Park.
• March 13. 2012, ORB rendered an Order imposing conditions that effectively denied the
Administration's request for a hedge by stating "there shall be no hedge to define the
area" and the off-leash area "shall not be located in area #3, surrounding the arts in
public places 'lighthouse project'."
• April 11, 2012, the City Commission approved a resolution setting a public hearing,
pursuant to Section 118-262 of the City Code, requesting a review of the Design Review
Board decision rendered on March 13, 2012 (ORB File No. 22894) pertaining to the
design review approval for a hedge for a City Commission designated off-leash dog area
within the western portion of South Pointe Park.
• May 9. 2012, a City Commission item was introduced calling for a public hearing to
consider the appeal of the Design Review Board Order in File No. 22894) pertaining to
the design review approval for a hedge for a City Commission designated off-leash dog
area within the western portion of South Pointe Park. In addition, a resolution setting
forth an order (granting or denying) an appeal request by the City Manager of the City of
Miami Beach, pertaining to a decision of the Design Review Board (ORB) for South
Pointe Park was presented.
At the conclusion of the discussion a motion was made by Vice-Mayor Libbin to
continue the consideration of reversing the ORB Appeal to the June 6, 2012 Commission
Meeting; seconded by Commissioner Exposito; Voice vote 6-1; Opposed: Commissioner
Wolfson.
• 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.
• June 6, 2012, the City Commission item, deferred from the May 9, 2012 Commission,
calling for a public hearing to consider the appeal of the Design Review Board Order in
File No. 22894) pertaining to the design review approval for a hedge for a City
Commission designated off-leash dog area within the western portion of South Pointe
Park was again introduced. In addition, a resolution setting forth an order (granting or
denying) an appeal request by the City Manager of the City of Miami Beach, pertaining
to a decision of the Design Review Board (ORB) for South Pointe Park was presented.
Following a discussion the motion to support the appeal failed and the appeal of the
ORB order was denied.
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Ordinance Amendment To Chapter 10-Section 10-11 Running At Large Prohibited
November 14, 2012
City Commission Meeting
Page 4 of4
• June 6. 2012, the City Commission approved an ordinance on first reading extending the
South Pointe Park Dog Off-leash Pilot Program through and until December 31, 2012.
• July 18. 2012. the City Commission held the public hearing and approved the ordinance
on second reading extending the South Pointe Park Dog Off-leash Pilot Program
through and until December 31, 2012. Additionally, the Commission requested the
matter be sent back to the Neighborhood/Community Affairs Committee to discuss in
greater detail the number of documented violations that have transpired since the South
Pointe Park Dog Off-leash Pilot Program began in June, 2010.
ANALYSIS
September 24, 2012 Neighborhood/Community Affairs Committee Discussion -South Pointe
Park Dog Off-Leash Pilot Program
The NCAC discussed the South Pointe Park Dog Off-leash Pilot Program at its September 24,
2012 meeting. The Administration advised the Committee that as stipulated by the City
Commission action of July 18, 2012 and the Miami Beach City Code, the current South Pointe
Park Dog Off-Leash Pilot Program is scheduled to terminate on December 31, 2012. If no action
is taken the program will terminate. As any modification/code amendment to extend the pilot
program requires two (2) Commission actions the Administration requested that the NCAC
discuss the future of the South Pointe Dog Off-Leash Pilot Program and provide direction as to
how to proceed.
The Administration also provided information requested by the NCAC related to the number of
documented instances of dogs off-leash in violation of the City's established times and/or
location. It was reported to the Committee that monitoring reports maintained by Code
Compliance and Security Alliance indicated that for the period of June, 2010 when the South
Pointe Park Dogs Off-leash Pilot Program began, through August, 2012, there were 901
violations reported.
Additional discussion was held. Commissioner Weithorn stated that although the dog owners
that come to these meetings are responsible, she has observed that the dogs have expanded
beyond the off-leash area to the entire cut walk, and she has been chased by dogs on at least
twice. Commissioner Libbin stated that there are three options; including;
1. Do nothing.
2. Curtail the program completely.
3. Find a mechanism to allow the dogs to be off-leash in a controlled area.
Commissioner Libbin then suggested bringing a new initiative for a hedge to the Commission.
At the conclusion of the discussion the Committee (Commissioners Tobin, Libbin and
Exposito present) unanimously moved to bring the concept of a hedge for the off-leash
dog area of South Pointe Park back to the City Commission and recommended extending
the off-leash pilot program through January 31, 2013.
CONCLUSION
Based on the NCAC recommendation, the proposed ordinance amendment extending the South
Pointe Park Dog Off-Leash Pilot Program is presented on first reading. Please note there is an
acco anying resolution for this item which may modify this program extension date.
s
DA 012\11-14-12\Animal Ordinance Amendment Off Leash Pilot Program Extension 1st rdg MEM011-14-
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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 JANUARY 31, 2013;
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. 2011-3743 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 designated area in South Pointe Park
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, following a first reading on June 6, 2012, the Mayor and City Commission
adopted Ordinance No. 2012-3772 after a second reading/public hearing on July 18, 2012
which extended the off-leash pilot program in South Pointe Park through and including
December 31, 2012; and
WHEREAS, on September 24, 2012, the Neighborhoods/Community Affairs Committee
recommended that the off-leash pilot program in South Pointe Park be extended through
January 31, 2013; and
WHEREAS, the Mayor and City Commission wish to extend the off-leash pilot program
in South Pointe Park through and including January 31, 2013.
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NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1.
That Chapter 10, Section 10-11 of the Miami Beach City Code is hereby amended as follows:
Chapter 10
ANIMALS
* * *
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, through and including
December 31, 2012 January 31, 2013.
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.
2
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SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the_ day of December, 2012.
PASSED and ADOPTED this_ day of December, 2012.
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
MATTI HERRERA BOWER
MAYOR
Underline denotes additions and strike through denotes deletions
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