R5D-Extend Pilot Program Off-Leash Area For Dogs In S Pointe Park -Commission-COMMISSION 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 June 30, 2013, providing for repealer, severability, codification and an
effective date.
K~y Intended Outcome Supported:
Maintain Miami Beach Public Areas and Rights of Way Citywide
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.
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. The most recent include:
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 January 31, 2013.
November 14, 20121n response to the recommendation(s) of the NCAC Committee the City Commission
took the following actions:
A) Adopted Resolution R7E which accepted the Committee's recommendations to:
');;. Bring the concept of a hedge for the off-leash dog area of South Pointe Park back to the
City Commission, with the Commission further directing the Administration to file a new
application for a hedge for the off-leash area to the Design Review Board as soon as
possible; and
>-Extend the off-leash pilot program through March 31, 2013.
B) Amended and adopted the attached Ordinance on First Reading which extended the South Pointe
Park Dog Off-Leash Pilot Program through and including March 31, 2013.
December 11,2012 The Administration submitted the application for a hedge for the off-leash area of the
South Ponte Park to the Planning Department for presentation to the ORB.
December 12.2012 The City Commission approved extending the South Pointe Park Dog Off-leash Pilot
Program through and including March 31, 2013.
February 5, 2013 The Administration's application for a hedge for the off-leash area in South Pointe Park
is scheduled to be heard by the ORB.
The Administration recommends ado tin the Ordinance Amendment on 161 Readin .
Advisory Board Recommendation:
Financial Information:
Source of Amount Account
Funds: 1
I I 2
3
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
n-Offs:
Department Director City Manager
KS
T:\AGENDA\2013\February 6\Animal Ordinance Amendment Off Le
MIAMJBEACH 251
AGENDA ITEM ___,_€(--'-'5-........:D_
DATE ) -Cr'/_3
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
Kathie G. Brooks, Interim City Manager ~~ •
February 6, 2013 ' FIRST READING
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 JUNE 30, 2013; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration filed a new application to the Design Review Board to consider the
installation of a hedge around the perimeter of the South Pointe Dog Off-leash Area as
directed by the City Commission. This application is scheduled to be heard at the
February 5, 2013 Design Review Board meeting. Based on the prior history of this item
there is strong possibility that the ORB may require a public hearing and additional
review by the City Commission. As such, the off-leash pilot program for South Pointe
Park would expire.
In an abundance of caution, the Administration recommends approving the Ordinance
Amendment on First Reading to extend the pilot program until June 30, 2013.
KEY INTENDED OUTCOME SUPPORTED
Maintain Miami Beach Public Areas and Rights of Way Citywide
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
252
Ordinance Amendment To Chapter 10-Section 10-11 Running At Large Prohibited
February 6, 2013
City Commission Meeting
Page 2 of 4
Park, Pinetree, South Pointe (un-fenced/off-leash area) and Washington Avenue (two
sites).
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 9:00 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 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 5:00 P.M. To 7:00 P.M., Monday
through Friday. 253
Ordinance Amendment To C!Japter 10-Section 10-11 Running At Large Prohibited
February 6, 2013
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 AM. 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'."
• Apri111. 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.
• 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.
• 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.
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Ordinance Amendment To Chapter 10-Section 10-11 Running At Large Prohibited
February 6, 2013
City Commission Meeting
Page 4 of4
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.
• November 14. 2012, the City Commission:
A) Adopted Resolution R7E which accepted the NCAC Committee's
recommendations to;
? Bring the concept of a hedge for the off-leash dog area of South Pointe Park
back to the City Commission, with the Commission further directing the
Administration to file a new application for a hedge for the off-leash area to
the Design Review Board as soon as possible; and
? Extend the off-leash pilot program through March 31, 2013.
B) Amended and adopted the attached Ordinance on First Reading which extended
the South Pointe Park Dog Off-Leash Pilot Program through and including
March 31, 2013.
• December 11, 2012, the Parks and Recreation Department submitted the
application for a hedge for the off-leash area of the South Ponte Park to the
Planning Department for presentation to the Design Review Board.
• December 12. 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 including March 31, 2013.
• February 5. 2013, the Administration's application for a hedge for the off-leash
area in South Pointe Park is scheduled to be heard by the Design Review Board.
ANALYSIS
As directed by the City Commission at their November 14, 2012 meeting the
Administration filed a new application to the Design Review Board to consider the
installation of a hedge around the perimeter of the South Pointe Dog Off-leash Area.
This application is included in the February 5, 2013 Design Review Board agenda.
Depending upon the Board's action and the City Commission subsequent directives it is
possible that the time required to address these issues may extend past the current Pilot
Program Off-Leash Area for Dogs in South Pointe Park expiration date of March 31,
2013, as was approved on second reading by the City Commission at their December
12, 2012 meeting.
CONCLUSION
The Administration recommends the adoption of the proposed ordinance amendment
extending the South Pointe Park Dog Off-Leash Pilot Program as presented on first
reading.
KGB/MAS/KS
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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 JUNE 30, 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, 201 i, 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 pilot program to July 15, 2012; and
WHEREAS, on May 22, 2012, the Neighborhoods/Community Affairs Committee
(NCAC) 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, and after a Second
Reading/Public Hearing on July 18, 2012, the Mayor and City Commission adopted Ordinance
No. 2012-3772 which extended the off-leash pilot program in South Pointe Park through and
including December 31, 20 12; 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, on November 14, 2012 the City Commission: a) adopted Resolution No.
2012-28070 which accepted the NCAC Committee's recommendations to bring the concept of a
hedge for the off-leash dog area in South Pointe Park back to the City Commission, with the
Commission further directing the Administration to file a new application for a hedge for the off-
256
leash area to the Design Review Board as soon as possible; and to extend the off-leash pilot
program through and including March 31, 2013; and b) approved an Ordinance on First Reading
to extend the off-leash pilot program in South Pointe Park through and including March 31,
2013; and
WHEREAS, on December 11, 2012, the Parks and Recreation Department submitted
the application for a hedge for the off-leash dog area in South Ponte Park to the Planning
Department for presentation to the Design Review Board; and
WHEREAS, on December 12, 2012, the City Commission held a Public Hearing and
adopted Ordinance No. 2012-3785 on Second Reading extending the dog off-leash pilot
program through and including March 31, 2013; and
WHEREAS, on February 5, 2013, the Administration's application for a hedge for the off-
leash area in South Pointe Park is scheduled to be heard by the Design Review Board; and
WHEREAS, depending upon the Design Review Board's action and the City
Commission's subsequent directives, it is possible that the time required to address these
issues may extend past the current expiration date of March 31, 2013 for the off-leash pilot
program in South Pointe Park, therefore an extension of the off-leash pilot program to June 30,
2013 is proposed herein.
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 4:00P.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
March 31, 2013 June 30, 2013.
2
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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_ day of March, 2013.
PASSED and ADOPTED this_ day of March, 2013.
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
MA TTl HERRERA BOWER
MAYOR
Underline denotes additions and strike through denotes deletions
APPROVED AS TO
FORM & LANGU;'\GE
& FOrt EXECUTION
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