R5D-Requirements For Sales Of Dogs And Cats -Levine-Condensed Title:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 1O OF THE MIAMI BEACH CITY CODE, ENTITLED.ANIMALS,' BY CREATING SECTION 1O-18, TO BE ENTITLED'REQUIREMENTS FOR
SALES OF DOGS AND CATS; DEFINITIONS; PERMITTED SOURCES; CERTICIATE OF
SOURCE; PENALTIES"; AND BY AMENING SECTIONS 10-2 AND 10-3 TO CROSS-
REFERENCE THE NEW PROVISIONS lN SECTION 10-18; PROV|D|NG FOR REPEALER;
SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
COMMISSION ITEM SUMMARY
AGEiIDA ITEi'
DATE
RTD
s-Lt-lq
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 the March 5,2014 City Commission
meeting to address the deplorable conditions at'puppy and kitten mills" and their negative impact
on the health and welfare of these animals; it was recognized that the adoption of regulations
governing the sale of dogs and cats in the City of Miami Beach will promote community
awareness of animal welfare, foster a more humane environment, and encourage pet consumers
to adopt dogs and cats from shelters, thereby saving animals' lives and reducing the cost to the
public of sheltering animals
The Commission passed the Ordinance on First Reading on April 2g'd, 2O1g 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
$14,630ofon-dutyresourcesandaviolationformwill needtobedevelopedandproduced. ltis
difficult to proiect the costs until the development of this form beqins.
Police Department - Office of the Chief
n-Offs:
Department Director Assistant City Manager N Cityr Manager
Raymond A. Martinez, Chief
MBPD )hr
I
MIAMIBEACH 303
g MIAMIBEACH
(ity of Miomi Beoch, I 200 Convention Cenler Drive, Miomi Beoch, Florido 33I 39, www-miomibeochf1.gov
COMMISSION MEMORANDUM
To: Mayor Phillip Levin and Members of City Com
FRoM: Jimmy L. Morales, City Manager
DATE: May21 ,2Q14
SEGON
SUBJECT:
THE CITY OF MIAMI BEAGH, FLORIDA, AMENDING CHAPTER
1O OF THE MIAMI BEACH CITY CODE, ENTITLED "ANIMALS,''BY GREATING SECTION 1O-18, TO BE ENTITLED,,REQUIREMENTS FOR SALES OF DOGS AND GATS;
DEFINITIONS; PERMITTED SOURCES; CERTIFICATE OF
SOURCE; PENALTIES"; AND BY AMENDING SECTIONS 10-2
AND 1O-3 TO CROSS-REFERENCE THE NEW PROVISIONS IN
SECTION 10-18; PROVIDING FOR REPEALER;
SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance at the Second Reading Public Hearing on May 21 , 2014.
KEY INTENDED OUTCOMES
lncrease community satisfaction with City government.
BACKGROUND
The Mayor and City Commission held a discussion at the April 23, 2014 City
Commission meeting to address the deplorable conditions at "puppy and kitten mills" and
their negative impact on the health and welfare of these animals; it was recognized that
the adoption of regulations governing the sale of dogs and cats in the City of Miami
Beach will promote community awareness of animal welfare, foster a more humane
environment, and encourage pet consumers to adopt dogs and cats from shelters,
thereby saving animals' lives and reducing the cost to the public of sheltering animals
ENFORCEMENT/ FISCAL IMPACT
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 wlth leading any
investigation related to this new ordinance as part of her regular duties and should not
incur any new costs.
READING PUBLIC HEARING
304
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
305
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING GHAPTER 1O OF THE
MIAMI BEACH CIry CODE, ENTITLED "ANIMALS," BY CREATING
SECTION 1O-18, TO BE ENTITLED "REQUIREMENTS FOR SALES OF
DOGS AND CATS; DEFINITIONS; PERMITTED SOURCES;
CERTIFICATE OF SOURCE; PENALTIES"; AND BY AMENDING
SECTIONS IO-2 AND tO-3 TO CROSS.REFERENCE THE NEW
PROVISIONS lN SECTION 10-18; PROVIDING FOR REPEALER;
SEVERABILITY; GODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, the humane treatment of animals is an important publlc purpose; and
WHEREAS, "puppy mills" are inhumane and unsanitary commercial breeding facilities
for dogs in which the health of the dogs is disregarded to maintain a low overhead and
maxlmize profits, for example by keeping parent dogs in cages for their entire lives without
adequate food, water, veterinary care, or socialization, breeding females multiple times per year
with little to no recovery time between litters, and breeding dogs regardless of whether they
carry congenital or heredltary diseases; and
WHEREAS, according to United States Department of Agriculture reports, documented
problems found at puppy mills include: (1) sanitation problems leading to infectious disease; (2)
large numbers of animals overcrowded in cages; (3) lack of proper veterinary care for severe
illnesses and injuries; (4) lack of protection from harsh weather conditions; and (5) lack of
adequate food and water; and
WHEREAS, the Humane Society of the United States estimates that, each year, two to
four million puppies are born in the United States in puppy mills; and
WHEREAS, kittens are also inhumanely bred and housed in simllarly cruel mills or
"kitten factories"; and
WHEREAS, the most effective way to stop puppy and kitten mills is to discourage the
purchase and sale of puppies and kittens produced at these inhumane facilities, and
WHEREAS, according to the Humane Society of the United States, although American
consumers purchase dogs and cats believing the pets to be healthy and genetically sound, in
reality, the animals that come from mills often face an array of health problems, including not
only communicable diseases or genetic disorders that present immediately after sale but also
diseases or disorders that do not surface until several years later, all of which lead to costly
veterinary bills and distress to consumers; and
WHEREAS, numerous alternatives exist for people to find pets, including adoption of
animals from Miami-Dade County's Animal Shelter or other public shelters; adoption from
humane societies or other animal rescue organizations; or purchase from reputable and
conscientious breeders; and
306
WHEREAS, across the country, thousands of independent pet stores and large chain
stores operate profitably with a business model focused on the sale of pet services and supplies
and not on the sale of dogs and cats, often collaborating with local animal sheltering and rescue
organizations to offer space and support for showcasing adoptable homeless pets on their
premises; and
WHEREAS, the adoption of regulations governing the sale of dogs and cats in the City
will promote community awareness of animal welfare, foster a more humane envlronment, and
encourage pet consumers to adopt dogs and cats from shelters, thereby saving animals' lives
and reducing the cost to the public of sheltering animals.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEAGH, FLORIDA, AS FOLLOWS:
SECTION 1.
That Chapter 10, entitled "Animals" of the Miami Beach City Code is hereby amended as
follows:
Chapter 10
ANIMALS
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:
For a first offense, a $50.00 fine.
For a second offense within the preceding 12 months, a $100.00 fine.
For each addltional offense within the preceding 12 months, a $200.00 fine.
Sec. 10-18. Requirements for Sales of Doqs and Gats: Definitions: Permitted Sources:
Certificate of Source: Penalties.
{q) Definitions. For purposes of this section. the followinq words. terms. and phrases shall
have the followino meaninqs:
1. Animal Rescue Oroanhaflon means a humane societv, animal welfare societv,
societv for the prevention of cruelty to animals, or other such not-for-proflt
corooration or other leqal entitv devoted to the welfare, protection, and humane
(1)
(2)
(3)
307
treatment of doqs, cats, or other animals that is dulv reoistered with the Florida
Deoartment of State and the Florida Department of Aqriculture and Consumer
Services. as applicable. and with the appropriate authoritv in the iurisdiction in
which the not-for profit leqal entitv is headquartered.
2. Breeder means anv person or entitv that causes doqs or cats to reproduce,
reqardless of the size or number of litters produced. However, this definition shall
not applv to a pet owner who breeds his or her own pet and keeps all of the
offsprinq. so lono as the total number of animals does not exceed the maximum
number set forth in section '10-16.
3. Caf means an animal of anv aqe of Felis catus.
4. Dog means an anlmal of anv aqe of the Canis lupus familiaris or resultant
hYbrids.
5. Pef dealermeans anv person that. in the ordinarv course of business, enqaoes in
the sale to the public of more than two litters. or 20 doqs or cats, reqardless of
number per vear, whichever is qreater. This classification shall include pet shops
as well as breeders who sell directlv to the consumer. Animal rescue
orqanizations and hobbv breeders shall be exempt from this classification.
6. Pet shop means a retail establishment that, in the ordinarv course of business,
engaqes in the sale of doos or cats.
7. Public anlmal she/fer means a facilitv that is used for housinq or containino doqs
or cats or other animals and that is operated bv or on behalf of a state, countv.
municipalitv. or other qovernmental entitv.
8. Sa/e means the transfer of ownership in exchanqe for compensation or orofit.
includino monev. qoods. and services. This definition shall not include adoption
fees charqed bv an animal rescue orqanization.
(!) Permitted Sources. After December 31, 2014, pet dealers and oet shops shall not
displav, sell. trade. deliver, barter. lease, rent, auction. transfer. offer for sale or transfer.
or othenrvise dispose of doqs or cats in the Citv. unless the pet dealer or pet shop
certifies that the doq or cat comes from one of the followinq sources:
1. An animal rescue orqanization, as defined in this section, or
2. A public animal shelter, as defined in this section.
(c) Certificate of Source. A pet dealer or pet shop that obtains doos or cats from a
permitted source shall post consoicuouslv on the caoe of each doq and cat:
1. Copv of a notarized affidavit of verification from the source from which the doq or
cat was obtained. A copv of the certificate of source shall also be provided to the
purchaser ortransferee of anv doq or cat.
2. The name and address of the source from which the doo or cat was obtained and
date thereof.
308
3. A description of the doq or cat includino species, breed, sex. color, and
distlnctive markinos. phvsical condition and health, and aqe (if known). and
4. For each doq or cat receivino medical care while in the custodv or control of the
pet dealer or pet shoo. the tyoe of service rendered, date, and veterinarian's
name.
lg[ Penalties. Anv person who violates this section shall be subiect to a fine of $250.00 per
dav per doq or cat for the first violation within a 12 month period, and a fine of $500.00
oer dav oer animal for anv subseouent violation within a 12 month period. The Miami
Beach Police Department shall enforce the provisions set forth within this section.
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
unconstltutional 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 1st day of January, 2015.
PASSED and ADOPTED this _ day of
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
(Sponsored by Mayor Philip Levine)
Underline denotes additions
St+it<e+nreugh denotes deletions
APPROVED AS TO
FOB[I & [-AI.+GUAGE
& FOR EXECUTIUN
t
l"'1":'er
2014.
PHILIP LEVINE, MAYOR
F:\ATTO\TURN\ORDINANC\AnIma|S - Chapter 1 0 Section '10-1 8 - Sales of Dogs and Cats.docx
s-s-t4-
309
!!!lt! HEnALD I MiamiH€rald.com TlE THURSDAY,I,IAY 8, 2O]4 I t, E
MIAMIBEACH
CITY OF MIAMI BEAGH
NOTICE OF PUBLIC HEARINGS
t/fiami 8e8ch, Flotrid4 on Wodnei&r, flsy 2.|, 201a, E cms(k, U|e lolbwiflg:
tG00!.nL
To 6e Hear4'To Provlde Rulos &sat{tE hrfic Padicirpakn In ciry Meeth0s. ,rqrriri?s nay te dbecrrld b E caty aweyi Ottte giiiitto
l{t05 &n.
Gl nlat t4attrr. ir,{dides aEy bB dt*td to tB City Attd]neyi AIficc ilS-6t3-Z4tO.
l&10 r.rn
se{iong l0'2 tnd 10"3T0 o0ss-Seterdtr Th€ tle.t Pror6rr6 h secton t0.l t. bq;ri,s na) be *echd b tte w afro,Ireys oflhx fl5-6i3-7470.
'l&15 s-ln
,G20 aJtL
Al€olpl in Mo$e Tleaters
Frum Tho Code! P€tron Aoe f,estricto,rs. /oglrtas mry be dtecFjd b t e Ciry AAutvtS Otf@ S-67g_24t0.
1Ol5 am.
Wulries tnay b tteew to ke CW Attg.rEyb Offhe fiS-6/3-t4t0.
l&30 E.m.
lG35 a..n
It40a.ln
AfSCHE iTBERP 0dirtsrEe
E ditacEd b fie tturno Ass,dtds t e&dnent !,6.6/3-tSZt.
l,lolE' See abo adff/ti'f;neot { AA, tu .d(fitaat hth hca.,rqs @wW on tt4 2t , mt 4.
Fb.ida :Br39.Ihs me.tno, o( an!. lem hadn' may !€ conthu€d, ani rrftr;,or.nr,i^ud,
"dnic a bg"r m1cs,reed ;i L e."rd;.
fu lhe intrtdrcton q Sdmissim of oth$rise i.doissibte or ireiewnt evileoce. * O*, iaJf){i.. Ooff€.lges U aprleals rEt OUE.wis€ altowed by bw.
pr@edio$ dease conhci us ltr days o sdvarEe al :os-brr-zi t (vote) or rfr r.sa, .ry atso c.it tm ruiaa rcav Service at ir i. ' ---- "'
Rdael L G€nado, City Clerk
City of Miaml 8Eactl
310