Ordinance 2025-4727 ORDINANCE NO. 2025-4727
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.
WHEREAS, the confinement of animals without su�cient 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 desire 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 City's municipal prosecution
team, as recommended by a unanimous vote 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 Section 10-20 of the City Code shall be created as follows:
CHAPTER 10
ANIMALS
. . .
Sec. 10-20. Confinement of animals without sufficient food, water, or exercise;
abandonment of animals.
� As used in this section:
a. "Abandon" means to forsake an animal entirelv or to neqlect or refuse to
provide or perform the leqal obliqations for care and support of an animal by
anv oerson owninq possessinq takinq or havinq custodv of or other person in
charqe of an animal.
f�Whoever:
a. Impounds or confnes anv animal in anv alace and fails to suoplv the animal
durinq such confinement with a su�cient quantitv of qood and wholesome food
and water
b. Keeps anv animals in any enclosure without wholesome exercise and chanqe
of�ir
c. Abandons to die anv animal that is maimed sick infirm or diseased, or
d. Abandons such animal to suffer iniury or malnutrition or abandons anv animal
in a street road or public place without providina for the care, sustenance.
protection and shelter of such animal is quiltv of a violation of this section.
enforced and punishable as provided in subsection (3).
j3�This section mav be enforced bv the Miami Beach Police Department and the
Code Compliance Department. Anv oerson who violates this section shall be
subiect to the followinq fines:
� $1 000.00 per dav for a first violation;
� $5 000.00 oer dav for a second or subsequent violation� and
j� $15 000.00 for anv violation that is if the special maqistrate finds the violation
to be irreparable or irreversible in nature.
(4) Violations of this section mav also be enforced pursuant to Section 1-14 of the Citv
Code.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith 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 on
z
PASSED and ADOPTED this aZ/ day of rnk ^ , 2025.
ATTEST: // ��_
/ ��
MAY 2 ? ?n�5 teven Meiner, Mayor
Rafael . Granado, City Clerk
Sponsored by Commissioner Laura Dominguez) APPROVED AS TO
FORM & LANGUAGE
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f�pi?:.-�E9� 8F UTION
Underline denotes additions. '��� � L
CI.'Le1L.... L. f : T J ISI tOj�
�....�,,.ws.,denotes deletions. iproar om[u �
� `� a> City At y RR Date
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CoSponsored by Commissioner David Suarez
CoSponsored by Commissioner Joseph Magazine
CoSponsored by Commissioner Tanya K Bhatt
3
Ordinances - RS H
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City AHorney Ricardo J. Dopico
DATE: May 21, 2025 9:41 a.m. Second Reading Publi� Hearing
TITLE: 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
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS , ,
The proposed ordinance is presented for the consideration of the Mayor and City Commission.
The confnement 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 fne and
imprisonment.
If adopted, the proposed ordinance would prohibit the same conduct regulated by Sec. 828.13 in
the Code of the City of Miami Beach, entorced criminally by the Miami Beach Police Department
and prosecuted by lhe Citys municipal prosecution team, as well as by fnes ranging from$1,000
per day ro $15,000, enforced the Code Compliance Department, as recommended by a
unanimous vote of the City's Animal Welfare Committee at fts March 11, 2025 meeting.
FISCAL IMPACT STATEMENT
NIA
Does this Ordinance reauire a Business Imoacl Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impad Estimate (BIE) was published on: 4I2912025
See BIE at: https�llwww miamibeachfl qoNciN-hall/citv-clerk/meetinq-notices/
FINANCIAL INFORMATION
1364 of 2719
CONCLUSION
Aoolicable Area
Citywide
Is this a "Residents Riqht to Know" item, Is this item related to a G.O. Bond
pureuant to Ciri Cotle Section 2-17? Proiect?
No No
Was this Aaenda Item initialiv reauested bv a lobbvist which as defined in Code Sec. 2�87.
includes a principalenaaaedinlobbvina7 No
If so, specify the name of lobbyisqs) and principal(s)�.
Deoartment
Ciry Attomey
Saonsor(sl
Commissioner Laura Dominguez
Co-sponsor(sl
Commissioner David Suarez
Commissioner Joseph Magazine
Commissioner Tanya K. Bhatt
Condensed Title
9�.41 a.m 2nd Rdg PH, Incorporate Animal Cruelty Statute into MB Code (LD/DSIJMITB) CA
Previous Action (For CiN Clerk Use Onlv)
1365 of 2719