R5X-Animals Prohibited In Public Parks And On Beaches -Levine-COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Amending Chapter 10 Of The City Code, Entitled "Animals," By Amending Section 10-10, Entitled "Animals
Prohibited ln Public Parks And On Beaches" By Providing An Exception Therelo For Beaches Within Public Park Areas;
Amending Section 10-1 1 , Entitled "Running At Large Prohibited," To Allow Dogs ln: A) The Designated Beach Area ln North
Shore Open Space Park Between 80th And 82nd Streets From 3:00 P.M. To 7:00 P.M. On Friday, Saturday, And Sunday,
And B) An Area Of A Public Park, Or Beach Area Therein, Specifically Designated By The City Manager And During Such
And Hours As Mav Be The
lntended Outcome Su
I ncrease satisfaction with recreational programs
Supporting Data (Surveys, Environmental Scan, etc Miami Beach Customer Survey indicates 85% of
residents rated the City's Recreation proorams as either excellent or qood.
Item Summary/Recommendation ;
FIRST READING
During the discussion regarding the extension of the off-leash pilot program at South Pointe Park at the
December 13, 2013, City Commission meeting, Mayor Levine initiated a discussion regarding the creation of a
dog beach for the City of Miami Beach.
The proposed ordinance seeks to amend Chapter 10 of the Miami Beach City Code entitled, "Animals", whereby
Section 10-10, "Animals prohibited in public parks and beaches," will allow for the ability to allow dogs in
designated parks or areas of the beach. Amending Section 10-1 1 ,"Running at large prohibited: exception", seeks
to establish the location and times for the proposed dog beach, while still providing the City Manager with
discretion to authorize alternative locations, dates and times as he deems necessary. ln addition, amending
Section 10-1 1 will also allow for the dogs to be at the designated dog beach off-leash.
The Administration recommends designating the dog beach between 80rh and 82nd Streets, east of the dunes,
with entrance east of the North Shore Open Space Park on Collins and 81st Street. The dog beach will be open
weekly on Fridays, Saturdays and Sundays from 3:00 p.m. to 7:00 p.m. The dog beach will be staffed during all
operating hours and will have signage placed in a designated area advising of all rules and regulations. Entrance
onto the dog beach will require a pass issued by the Parks and Recreation Department. Dogs will be required to
have a current rabies tag, collar and name tag to enter the dog beach.
The Administration recommends that the City Commission approve the Ordinance at First Reading and schedule
a Second Public for Mav 28.2014.
Financial lnformation :
Source of
Funds:
Amount Account
I $20,000
FY13l14
$16,500 overtime salary from 011-0950-000135
$3,500 other operating expenses from 01 1-0950-000343
(Materials/Supplies and monthlv water testinq)
2 $3,700
FY14t15
Other operating expenses from 011-0950-000343
(Materials/Supolies and monthlv water testinq)
3 $3,700
FY15/16
Other operating expenses from 01 1-0950-000343
(Materials/Supplies and monthlv water testinq)
Total $27,400
Financia! !mpact Summary: Estimated revenue beginning in FY14/1 5 = $3,500
John Rebar - Parks and Recreation Director
Sion-Offs:
DeDartment Director Assi6tant Citv-Ulanaqer citv MAaser
.lonn neuadL J. MarkT"ri'd$-Jimmv Morales (t
RSXAGENDAE MIAMIBEACH oois S-Zl-l{
567
a MIAMI BEACH
Ciry of Miomi Beoch, I 700 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members the City mtsston
FROM: Jimmy L. Morales, City M
DATE: May 21,2Q14 FIRST READING
SUBIECT: AN ORDINANGE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,DING CHAPTER 1O OF THE MIAMI
BEACH CITY CODE, ENTITLED ..ANIMALS," BY AMENDING SECTION 1O-
10, ENTITLED "ANIMALS PROHIBITED IN PUBLIG PARKS AND ON
BEACHES" BY PROVIDING AN EXCEPTION THERETO FOR BEACHES
WITHIN PUBLIC PARK AREAS; BY AMENDING SEGTION 10-{1, ENTITLED,.RUNNING AT LARGE PROHIBITED," BY AMENDING THE EXCEPTIONS
TO THE RUNNING AT LARGE PROHIBITIONS TO ALLOW DOGS lN: A)
THE DESIGNATED BEACH AREA !N NORTH SHORE OPEN SPACE PARK
BETWEEN 80TH AND 82ND STREETS FROM 3:00 P.M. TO 7:00 P.M. ON
FRIDAY, SATURDAY, AND SUNDAY, AND B) AN AREA OF A PUBLIC
PARK, OR BEACH AREA THEREIN, SPECIFICALLY DESIGNATED BY THE
CITY MANAGER AND DURING SUGH DAYS AND HOURS AS MAY BE
SPECIFICALLY DESIGNATED BY THE CITY MANAGER; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFIGATION; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDAT]ON
The Administration recommends approving the ordinance on first reading and setting a second
reading, public hearing for May 28,2014.
BACKGROUND
During the discussion regarding the extension of the off-leash pilot program at South Pointe
Park at the December 13,2013, City Commission meeting, Mayor Levine initiated a discussion
regarding the creation of a dog beach for the City of Miami Beach, one similar to what was
established by the City of Hollywood. The concept was to offer a new amenity to residents and
visitors by identifying an area of the beach that permits off-leash dogs. The proposed dog beach
would be open during pre-established days and times during the week.
The Administration was directed to explore the potential of designating a dog beach for the City.
Over the past few months, staff has met with the pertinent stakeholders including: Florida
Department of Health, Florida Department of Environmental Protection, Miami-Dade County
Animal Services and Miami-Dade County Parks and Recreation Department. ln addition, the
City Attorney's Office has been working closely with the Miami-Dade County Attorney's Office.
The proposed ordinance seeks to amend Chapter 10 of the Miami Beach City Code entitled,
"Animald', whereby Section 10-10, "Animals prohibited in public parks and beaches," will
allow for the ability to allow dogs in designated parks or areas of the beach. Amending Section
10-11," Running at large prohibited; exception", seeks to establish the location and times for the
proposed dog beach, while still providing the City Manager with discretion to authorize568
Commission Memorandum - Dog Beach
May 21,2014
Page2 ot 2
alternative locations, dates and times as he deems necessary. ln addition, amending Section
10-1 1 will also allow for the dogs to be at the designated dog beach off-leash.
The recommended guidelines/regulations for the City's first proposed dog beach are as follows:
r The designated dog beach will be located between 80th and 82nd Streets east of the
dunes, with entrance east of the North Shore Open Space Park on Collins and 81"t
Street.*
The dog beach will be open weekly on Fridays, Saturdays and Sundays from 3:00 p.m.
to 7:00 p.m.*
The dog beach will be staffed by the Parks and Recreation Department during all
operating hours.
Signage will be placed in a designated area advising of all rules and regulations.
All dog use shall be by pass only, issued by the Parks and Recreation Department.
Daily or yearly passes will be issued.
A hold harmless agreement indemnifying the City will be issued for each participant.
Daily rate: Resident: $5.00, Non-resident: $10.00 (cash only on site)**
Trial Annual Rate: Resident: $20.00, Non-resident: $50.00 (May-September 2014)"*
FY 2014115 annual rate: Resident $50.00, Non-resident $100.00**
Dogs must have a current rabies tag, collar and name tag to enter the dog beach.
Owners will be required to clean up their dog's waste (dog waste bags will be provided
by the City).
Dogs must be leashed anywhere outside of the designated dog beach.
Unruly dogs and owners may be asked to leave.. Owners must carry issued passes at all times when utilizing the dog beach.r Dogs will not be permitted to dig in the sand.r There is a limit of two (2) dogs per owner.
*Location, days and times are subject to change.*"Subject to cost escalation.
The start-up fees for the dog beach will be derived from staffing, signage, waste bags,
scoopers, flags/cones, bins and monthly water testing, with minimal revenue generated for the
first year (4 month impact). The estimated impact toward FY 2013114 is $20,000. The estimated
impact toward FY 2014115 will be significantly lower and will only include recurring operating
costs for materials/supplies and monthly water testing. The operating costs for FY 2014/15 will
be approximately $7200, with revenue of approximately ($3500) for daily and annual passes,
resulting in a net cost of $3,700 applicable in FY 2014115.
Pursuant to the direction provided by the City Commission, the Administration recommends
approving the proposed ordinance and setting a second reading, public hearing for May 28,
2014. lf adopted on second reading, the proposed dog beach can be implemented ten days
after formal adoption of the ordinance.
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T:\AGENDA\2014Way\Parks and Rec\Dog Beach\Animal Ordinance Amendment Dog Beach First Reading - MEMO.docx
569
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CIryOF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 1O OF THE MIAMI
BEACH CITY GODE, ENTITLED 'ANIMALS,'' BY AMENDING SECTION
1O-10, ENTITLED "ANIMALS PROHIBITED !N PUBLIC PARKS AND ON
BEAGHES" BY PROVIDING AN EXCEPTION THERETO FOR BEACHES
WITHIN PUBLIC PARK AREAS; BY AMENDING SECTION 10-11,
ENTITLED "RUNNING AT LARGE PROHIBITED,'' BY AMENDING THE
EXCEPTIONS TO THE RUNNING AT LARGE PROHIBITIONS TO ALLOW
DOGS IN: A) THE DESIGNATED BEACH AREA IN NORTH SHORE OPEN
SPACE PARK BETWEEN SOTH AND 82ND STREETS FROM 3:OO P.M. TO
7;00 P.M. ON FRIDAY, SATURDAY, AND SUNDAY, AND B)AN AREA OFA PUBLIC PARK, OR BEACH AREA THEREIN, SPECIFICALLY
DESIGNATED BY THE CITY MANAGER AND DURING SUCH DAYS AND
HOURS AS MAY BE SPECIFICALLY DESIGNATED BY THE CITY
MANAGER; 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, pursuant to Rule 26.1 (Rule 1(a)) of the Miami-Dade County Code, "parks"
are defined to Include the "beaches therein": and
WHEREAS, this Ordinance will allow dogs to be off-leash in designated park areas, and
in designated beaches therein, and will establish the location and times for a dog beach in the
North Shore Open Space Park, and will provide the City Manager with discretion to authorize
alternative park areas, or beaches therein, and the days and times for offleash activities for
dogs.
NOW THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
GOMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1.
That Chapter 10, Section 1 0-1 1 of the Miami Beach City Code is hereby amended as follows:
Chapter 10
ANIMALS
570
Sec. 10-10. Animals prohibited in public parks and on beachesl34gggllq.
It shall be prohibited for any person to take any animal into, or to keep any animal in or upon,
any public park or public beach in the city, except for enclosed public park areas specifically
designated for dogs by the city manager or in efFleash public park areas., and_beaches_.,1!.here.in-.
soecificallv designated for dogs as provided in section 10-1 1. Animals under the custody and
control of a law enforcement officer and service dogs accompanying a disabled person are
excluded from this section.
Sec. 10-11. Running at large prohibited; exceptiong.
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 a doq mav be unrestrained and shall not be deemed to be at larqe if it is supervised
bv a comoetent person and is in.
d South Pointe Park, in the designated area south and west of the Washington
Avenue entry plaza, aeg€-mey+e-€ftleash from sunrise to 10:00 a.m. daily4l
and from 6:00 p.m. to 9:00 p.m. of Monday through Friday, or during such
other davs and hours, or in such other park or beach areas therein, as may be
specifically designated by
heanng the city manager
Sundav. or durinq such other davs and hours. or in such other park areas, or
beaches therein, as mav be specificallv desiqnated bv the citv manaqer. or
O An area of a public park, or beach area therein. specificallv desiqnated bv the
citv manaqer. and durinq such days and hours as mav be specificallv
desiqnated bv the citv manaqer.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION3. 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.
b)
571
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 Clty 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,"
"adicle," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the _ day of 2014.
PASSED and ADOPTED this _ day of
ATTEST:
2014.
PHILIP LEVINE, MAYOR
MFAEL E. GRANADO, CITY CLERK
(Sponsored by Mayor Philip Levine) A''ROVED AS TO
Underline denotes additions FORI\/ & LAi-JGUAGE
stnxe+n+eugh denotes deletions & FoR EXECUTION
!oQ.,,t- jrL'
Ci:y i:iK,Ey ._. .-. Drie '
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