R5L-Amend Ch 10 Off-Leash Area For Dogs In S Pointe Park -Weithorn-COMMI::iSION II t:M ::iUMMAI.(Y
Condensed Title:
An Ordinance OfThe 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,
2014
Item Summary/Recommendation:
FIRST READING
The Off-Leash area which is currently operating under a "Pilot Program" was scheduled to sunset on April30 1 ~, 2014.
At the December 11 1
h, 2013 Commission Meeting a motion was passed that for the next 120 days to leave the off-leash
dog area at the lighthouse location and furthermore; during the 120 days, the Administration will bring to the Design
Review Board a hedge at an alternate location with applicable seating at the alternate location and bring it back to
Commission.
Administration has since met with the architect working on the remediation plan for South Pointe Park. As directed by
Commission staff has worked with the consultant to design a permanent off leash area in the portion of the park most
recently used as a staging area for the force main project. This area will have landscaping, benches, dog waste
stations and drinking fountains for both dogs and their owners. The design includes a low level landscaping to create a
buffer between the off leash area and other areas of the park while not interfering with the views of the water and other
areas within the park. The design is part of the current bid for the remediation of South Pointe Park and will be included
as an add alternate in the bid package.
Staff recommends extending the pilot program at its current location until the construction of the permanent location is
completed.
Advisory Board Recommendation:
Financial Information:
Source of Amount Account
Funds: 1 N/A N/A
I I 2
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Sign-Offs:
Department Director
JR. __ _
T:\AGENDA\2014\March\Parks and Recreation\Animal Ordinance Amendment Off Leash Pilot Program Exte -SUMMARY.doc
MIAMI BEACH
423
AGENDA ITEM ___,R,--a--=S_L~
DATE 3-S-IC-(
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members oft e City Com
FROM: Jimmy L. Morales, City Manager
DATE: March 5, 2014
SUBJECT: AN ORDINANCE OF THE MAYOR NO 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, 2014; PROVIDING
FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE
DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends: 1) Approving the ordinance.
BACKGROUND
The Off-Leash area which is currently operating under a "Pilot Program" was scheduled to
sunset on April 301h, 2014. At the December 11 1h, 2013 Commission Meeting a motion was
passed that for the next 120 days to leave the off-leash dog area at the lighthouse location and
furthermore; during the 120 days, the Administration will bring to the Design Review Board a
hedge at an alternate location with applicable seating at the alternate location and bring it back
to Commission.
Administration has since met with the architect working on the remediation plan for South Pointe
Park. As directed by Commission staff has worked with the consultant to design a permanent
off leash area in the portion of the park most recently used as a staging area for the force main
project. This area will have landscaping, benches, dog waste stations and drinking fountains for
both dogs and their owners. The design includes a low level landscaping to create a buffer
between the off leash area and other areas of the park while not interfering with the views of the
water and other areas within the park. The design is part of the current bid for the remediation
of South Pointe Park and will be included as an add alternate in the bid package.
The design will be submitted to the Design Review Board (DRB} for review and approval.
(Currently scheduled to be on their May agenda.) If approved both by Commission through
adoption of this ordinance and ORB the off leash area will become part of the remediation
project. Once the project is completed a new and final ordinance will come before Commission
for adoption and the pilot program will become a permanent program.
Staff recommends extending the pilot program at its current location until the construction of the
permanent location is completed.
424
CONCLUSION
The Administration requests the Mayor and Commission review for their consideration the
Ordinance Amendment on first reading and set a second reading and public hearing.
Proposed Area
425
Proposed Design
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T:IAGENDA\2014\March\Parks and Recreation\Animal Ordinance Amendment Off Leash Pilot Program Extension-MEMO.docx
426
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, 2014; PROVIDING FOR REPEALER;
SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 5-20(d) 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 ... 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; and
WHEREAS, subsequently, the regulations regarding the off-leash area for dogs have
been amended pursuant to various Ordinances and the pilot program will sunset on April 30,
2014; and
WHEREAS, at the December 11, 2013 City Commission meeting, the Mayor and City
Commission directed the Administration to file an application with the Design Review Board
(ORB) to seek approval of landscape material for an alternate off-leash dog area to the north of
the current off-leash area; and
WHEREAS, in order to allow the off-leash area to continue in its current location while
the City Administration proceeds with City Commission direction to obtain ORB approval for a
new location to the north of the current site, the current off-leash area and regulations should
remain in effect through and including December 31, 2014; and
WHEREAS, the Mayor and City Commission wish to extend the off-leash pilot program
at its current location until December 31, 2014 while the City Administration pursues its
application to the DRB.
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
427
Sec. 10-11. Running at large prohibited; exception.
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 west of the Washington
Avenue entry plaza, dogs may be off-leash from sunrise to 10:00 a.m. daily and from 6:00 p.m.
to 9:00 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
April 30, 2014 December 31, 2014.
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 _______ , 2014.
PASSED and ADOPTED this day of------' 2014.
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
Underline denotes additions
Strike thro1:1gh denotes deletions
F:\ATIO\TURNIORDINANC\Extend1ng Off Leash Pilot Program to 12-31-14.docx
2
428
PHILIP LEVINE, MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION