R5C-Certain Techniques And Devices Prohibited - Animals -Levine-COMMISSION ITEM SUMMARY
Condensed Title:
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 CREATING SECTION 10-17 ,TO BE ENTITLED 'CERTAIN TECHNIQUES AND
DEVICES PROHIBITED: ENFORCEMENT: PENALTIES,,
lntended Outcome Su
AGENDA rrEil RsC-
lncrease community satisfaction with City government.
Supporting Data (Surveys, Environmental Scan, etc.): NA
Item Summary/Recommendation :
The Mayor and City Commission held a discussion at their March 5,2014 City Commission
Meeting to address animal cruelty. Don Anthony, Communications Director for Animal Rights
Foundation of South Florida addressed the Mayor and City Commission regarding this
discussion item, and requested that the City of Miami Beach (the "City") ban those devices and
instruments that are utilized for animal cruelty.
The Commission passed the Ordinance on First Reading on April 23'd, 2013 and it is
recommended that the City Commission pass this Ordinance on second reading.
Financial lnformation:
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary: The fiscal impact of the proposed ordinance is difficult to
determine however, there will be a need to train all sworn personnel that will cost approximately
$14,630 of on-duty resources and a violation form will need to be developed and produced. lt is
difficult to proiect the costs until the development of this form beqins.
Police Department - Office of the Chief
n-Offs:
Department Director Assistant City Managel City Managel
Raymond A. Martinez, Chief
MBPD )n^
\
MIAMIBEACH DATE
295
(9 MIAMIBEACH
City of itiomi Beoch, 1700 Convenlion Center Drive, Miomi Beoch, Florido 33 I 39, www. miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
May 21,2014
SECON
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 CREATING SECTION I0.17, TO BE ENTITLED..CERTAIN TECHNIQUES AND DEVICES PROHIBITED;
ENFORCEMENT; PENALTIES,'; AND BY AMENDING
SECTIONS 1O-2 AND 1O-3 TO CROSS.REFERENCE THE NEW
PROVISIONS lN SECTION 1o-17; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMM ENDATION
Adopt the Ordinance at the Second Reading Public Hearing on May 21 ,2014.
KEY INTENDED OUTGOMES
lncrease community satisfaction with City government.
BACKGROUND
The Mayor and City Commission held a discussion at their April 23, 2014 City
Commission Meeting to address animal cruelty. Don Anthony, Communications Director
for Animal Rights Foundation of South Florida addressed the Mayor and City
Commission regarding this discussion item, and requested that the City of Miami Beach
(the "City") ban those devices and instruments that are utilized for animal cruelty. Mayor
Levine requested the Office of the City Attorney to draft an ordinance that would prohibit
the use of painful techniques and devices in the City. Pursuant to Section 828.27 of the
Florida Statutes, local governments are authorized to enact ordinances relating to animal
control and cruelty. This Ordinance shall serve to make it unlawful to use certain
techniques and devices which may cause pain, injury or torment of animals.
ENFORCEMENT/ FISCAL IMPACT
The Miami Beach Police Department will be responsible for enforcing this ordinance,
which is punishable as provided by Section 10-17. The first violation will result in a fine
of $400. The second violation within a 12 month period will result in a fine of $500.
Each subsequent violation within a 12 month period will result in a fine of $500 and a
mandatory court appearance.
TO:
FROM:
DATE:
SUBJE€T:
READI PUBLIC HEARING
296
It is difficult to project the total costs associated with the enforcement of this ordinance,
however, the Miami Beach Police Department has an Officer dedicated to animal related
issues. This "Animal Resource Officer' (ARO) will be tasked with leading any
investigation related to this new ordinance as part of her regular duties and should not
incur any new costs.
All sworn personnel will need to be trained in this new ordinance. The ARO, in
conjunction with the training unit, will be responsible for the training of all personnel. lt is
anticipated that the class will be one (1) hour in duration. With 385 sworn personnel, this
training will be accomplished on-duty ($38/person) and should cost approximately
$14,630.
ln addition to the training costs, the ordinance will require the development of a new
citation form. The costs associated with this new form will depend on the format needs
of the form and the amount required. lt is difficult to project the costs until the
development of this form begins.
JLM:RAM;JWB:BS:DD
297
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND GIry GOMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 10 OF
THE MIAMI BEACH CIry CODE, ENTITLED "ANIMALS," BY
CREATING SECTION 10-17, TO BE ENTITLED "CERTAIN
TECHNIQUES AND DEVICES PROHIBITED; ENFORCEMENT;
PENALTIES"; AND BY AMENDING SECTIONS 10-2 AND 10-3 TO
CROSS-REFERENCE THE NEW PROVISIONS IN SECTION 10-17;
PROVIDING FOR REPEALER; SEVERABILITY; GODIFICATION; AND
AN EFFEGTIVE DATE.
WHEREAS, pursuant to Section 828.27 of the Florida Statutes, municipalities are
authorized to enact ordinances relating to animal control or cruelty, and
WHEREAS, the Mayor and City Commission deem it in the best interest of the City of
Miami Beach to prohibit the use of any techniques and devices which may cause pain, injury,
and torment to animals.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CIry
COMMISSION OF THE GITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1.
That Chapter 10, entitled "Animals" of the Miami Beach City Code is hereby amended as
follows:
Ghapter 10
. o*'To*
.
Sec. 10-2. Fines for violations of animal control ordinances; unpaid fines to constitute
lien and basis for revocation of city parking permits/decals.
(a) All violations of this chapter are civil infractions, except as otherwise provided in
section 10-5. Each violation of this chapter shall constitute a separate offense.
Violations of this chapter, except as otherwis within a
12-month period will be punished as follows:
(1) For a first offense, a $50.00 fine.
(2) For a second offense within the preceding '12 months, a $'100.00 fine.
(3) For each additional offense wlthin the preceding '12 months, a $200.00 fine.
298
Sec. 10-3.Enforcement; adoption of portion of Miami-Dade Gounty Code by reference.
Any officer who observes a violation of an animal control ordinance of the city or
county shall issue a notice of violation to that person or a citation as provided in
Sec.'10-'17.
Any person issued a notice of violation of this chapter, or a citation as provided in
Sec. 10-17. except as otherwise provided In section 10-5, shall be deemed to be
charged with a civil infraction.
Sec. 10-17. Certain techniques and devices prohibited: enforcement: penalties,
Gl lt shall be unlawful for anv person to use painful techniques and devices that mav
cause or are likelv to cause phvsical iniury, torment, or pain and sufferino to
animals. includinq but not limited to. electric orods or shockinq devices: shockinq
spurs or rowels: flank or buckinq straps or similar devices: wire tie downs. chains
used as tie downs: whios or bullwhios (excludinq ridinq croos): ankuses or
bullhooks or similar deviceS. Commerciallv available static correction devices
used for trainins and containment of doqs are not subiect to the orohibitions in
this section.
IU Pursuant to Sec. 828.27. Fla. Stat.. violations of this section shall be punished as
a civil infraction. A violation of this section shall result in the issuance of a
citation pursuant to the requirements set forth in Section 828.27(f). Fla. Stat., as
amended. A written citation notice shall be issued to the violator bv a law
enforcement officer who has probable cause to believe that the person has
committed an act in violation of this section. A citation shall be subiect to contest
in countv court in accordance with law.
Id Violations of this section shall be punished as follows:
(l) For a first violation. a civil penaltv of $400.00.
(Q For a second or subseouent violation withln a 12 month period. a civil penaltv
of $500.00.
(Q A civil penaltv of $300.00 shall be imposed if the violator pavs the civil penaltv
and does not contest the citation in countv court. However. if a third or
subsequent citation is issued within a 12 month period for a vlolation of this
section, a mandatory court appearance is required and a civll penaltv of
$500.00 shall apply.
(!) lf a person fails to pav a civil penaltv, fails to aooear in court to contest the
citation. or fails to aooear for a mandatory court appearance, the court mav
issue an order to show cause upon the request of the Citv. The order to
show cause shall require such person to appear before the Court to explain
(a)
(b)
299
whv action on the citation was not taken. Anv oerson who is issued such
order and fails to appear in resoonse to the order mav be held in contempt of
court.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
lf 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.
sEcTroN 4. coDrFrcATroN.
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
PASSED and ADOPTED this
_ day of 2014.
day of 2014.
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
(Sponsored by Mayor Philip Levine)
Underline denotes additions
S*rit<e+nreugh denotes deletions
PHILIP LEVINE, MAYOR
APPROVEDASTO
FOHM & LANGUAGE
& FOR EXECUTION
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