R5A-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 Thereto 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
lntended Outcome
CIerk's Office islative Tracki
lncrease satisfaction with recreational programs
Supporting Data (Surveys, Environmental Scan, etc Miami Beach Customer Survey indicates B5o/o of
residents rated the City's Recreation proorams as either excellent or oood.
Item Summary/Recommendation:
SECOND 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. This item was presented on first reading at the May 21 ,2014 Cily
Commission meeting.
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 80th and 82nd Streets, east of the dunes,
with entrance east of the North Shore Open Space Park on Collins and Blst 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 Citv Commission the ordinance.
Financial lnformation:
Source of
Funds:
Amount Account
1 $20,000
FY13t14
$16,500 overtime salaryfrom 01 1-0950-000135
$3,500 other operating expenses from 01 1-0950-000343
(Materials/Supplies and monthlv water testino)
2 $3,700
FY14115
Other operating expenses from 011-0950-000343
(Materials/Supplies and monthly water testino)
3 $3,700
FY15/16
Other operating expenses from 0'l 1-0950-000343
(Materials/Supplies and monthlv water testino)
Total $27,400
Financial lmpact Summary: Estimated revenue beginning in FY14l15 = $3,500
John Rebar - Parks and Recreation Director
AGENDA 'IEM 8SAE MIAMIBEACH DATE S''8-Iq19
g MIAMIBEACH
City of Miomi Beoch, 1 700 Convenlion Center Drive, Miomi Beoch. Florido 33I 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
May 28,2014
AN ORDINANCE OF THE MAYORT,AND CIry COMMISSION OF THE CITYOF MIAMI BEACH, FLORIDA, AMENDING GHAPTER 10 OF THE MIAMI
BEACH CITY CODE, ENTITLED "ANIMALS,'' BY AMENDING SECTION 10.
10, ENTITLED ..ANIMALS PROHIBITED IN PUBLIC PARKS AND ON
BEACHES'' BY PROVIDING AN EXCEPTION THERETO FOR BEACHES
wlTHlN PUBLIG 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 !N: A)
THE DESIGNATED BEACH AREA IN NORTH SHORE OPEN SPAGE 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 DAYS AND HOURS AS MAY BE
SPECIFICALLY DESIGNATED BY THE CITY MANAGER; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
ADMI NISTRATION RECOMM ENDATION
the ordinance.
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,
"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
1O-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 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.
TO:
FROM:
DATE:
SUBJECT:
the City
SEGOND READING
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Commission Memorandum - Dog Beach - 2nd Reading
May 28,2014
Page 2 of 2
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.*o The dog beach will be open weekly on Fridays, Saturdays and Sundays from 3:00 p.m.
to 7:00 p.m."r 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.o 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)**o Trial Annual Rate: Resident; $20.00, Non-resident: $50.00 (May-September 2014)**. FY 2O14115 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.. Dogs will not be permitted to dig in the sand.o 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 2014/1 5 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 20'14/15.
This item was presented on first reading at the May 21 ,2014 City Commission meeting.
Pursuant to the direction provided by the City Commission, the Administration recommends
adopting the ordinance. lf adopted on second reading, the proposed dog beach can be
implemented ten days after formal adoption of the ordinance.
JLM/
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21
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 1O OF THE MIAMI
BEACH CIry CODE, ENTITLED "ANIMALS,'' BY AMENDING SECTION
1O-IO, ENTITLED "ANIMALS PROHIBITED IN PUBLIC PARKS AND ON
BEACHES'' 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 BEAGH AREA IN NORTH SHORE OPEN
SPACE PARK BETWEEN SOTH AND 82ND STREETS FROM 3:OO P.M. TO
7:OO 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 GIry
MANAGER; PROVID!NG 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.'l (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 off-leash activities for
dogs.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND GITY
COMMISSION 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
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Sec. 10-10. Animals prohibited in public parks and on beachesl3Sggglg.
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 eff-leash oublic park areas, and beaches therein,
soecificallv designated for dogs as provided in section 10-'l 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. l0-1 1. 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 competent person and is in.
d South Pointe Park, in the designated area south and west of the Washington
Avenue entry plaza, aegs-may+e-e+Aeasn from sunrise to 10:00 a.m. daily3l
and from 6:00 p.m. to 9:00 p.m. or.r Monday through Friday, or during such
other davs and hours i-n as may be
specifically designated by a reeelutien ef the eity eemmissien after a Bublie
h€e+rf,g the city manager
Sundav. or durinq such other davs and hours. or in such other oark areas. or
beaches therein. as mav be specificallv desiqnated bv the citv manaqer: or
g) An area of a public park. or beach area therein, specificallv desiqnated bv the
citv manaqer. and durino such davs and hours as mav be speciflcallv
desionated 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
unconstltutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
a
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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
PASSED and ADOPTED this
ATTEST:
day of 2014.
day of 2014.
PHILIP LEVINE, MAYOR
MFAEL E. GRANADO, CITY CLERK
(Sponsored by Mayor Philip Levine)
Underline denotes additions
S+ri*e+n+eugh denotes deletions
APPHOVED ASTO
FOHII & LAI{GUAGE
& FOR EXECU'TION
s[qIrL-#
F:\ATTO\TURN\ORDIli,lANC\Off-Leash Parks and Beaches 2014-docx
24
z'IE I THLNSDAY, HAY 6, 2014 HhmiHeldd,com I lll^l0 BEnAul
MIAMIBEACH
GITY OF MIAMI BEAGH
HOTICE OF PUBLIS HEARI]'IG
ffUnCE lS HEnE3f given thal a puHic tlearlng {ri b€ hsld by the MaIGr asd City Co(nmisshn 0t $a Citf d lriami Beach, tMda, tn lhe Cffnmhsiofl Cnirnbers,
S floor, City Hall, 1700 Cffiyention Ce,lt€r Dd,1€, Mhfii Seach, thri6a, m l!,fllnosdsr, llhy 28, 20l,t, 10 6n${,er te rdhrying:
5{0,. r.
An 0rdiname Arnsr{irB ChaE6, 10 0f The iliami Beadr City C0do, Efltitsd 'Arimals,' By Amending Editrl 10-10, Enlil€d 'Aninals Prohi]iled In Public Pdks
Ard 0n Beachee' By kovk hg fii Ercepfsfl ]hereto For Beactres Wihin tublb park &saq By Arn8fidirB S8slifi to-I 1, EntitLd .&xfiing At La.ge B$ibitsd,'
B! Arenfil€ The Erceplims To The Running At Larga Prohitiliom To Allov{ Dogs ln: { Th6 Deslg abd Bsach Ares ln North Stwe open Space Park Betdeoa
8PA!d 82". Sseets frorn 3:m P.M. T0 7:m P.M. 0rl frual Sataday, And Su@,, Arxl S) Afi Axa 0l A Plblic Fett 0 gedr Aree Tberei4 Socif'calh oesi{nated
By Ihe CE lr4magsr And ourln! $J$ h/s tud Hstrs As i,lay 8e Specilically 0esi$raed By tho Cit) Marxags( Providing tur R$e0let Sadmbilrty; Codificatim;
*ndAn glectiw 0ate.
ln$kiss mal be direcud l0 tlp Pa*s and Becreation Depadmeflt 3ffi.673.7730.
lntersud parties are irivied h appea{ at this m6elifl0, 0r bs rspGsented by ao agsfll, or t0 el,ress tisir rh*$ in ?rdtir0 address0d lo t10 City Commbsio.l,
c/o $e Giy Clerk, 1700 C0flyer{i{xl CenGr 0{ivs, 1" ffoor, City lhll, Miami Best\ furiia 33139. C00i6 ot tlis itefi b amilauo f0{ FJdic inspoctim durit8
nirmal Iminess nolrs in the Oly CXerh's olfice, 1700 Cori enlim Ceflter Ddr€, I ! Fho[ City Hall, Miami Beactf Bffida 33139.'lhb meetir0, or afly i&m $erein,
fiW be eodinued, ard uoder srch ciflumslanc€s, additimal@al mtice need ,ml be p{ori{bd.
Pu]sttsrt b Section 286.0105, Ha. Stat, $e Clty hereby dds€s tr€ pub*c that if a persff deodes b appeel 8ny decisim ma& !y trs City Csnmbsl0n
yrifi respecl b any mauer cffisidEred at iB meeting e its tEari(u, such person mu$ en$re thal I vertalim r*sd 0l lie proceedirgB is made, rvlfth rsc0td
irmlude$ fne bstimmy ard avtrence upon !,rhki) tile app6l h i0 bs bed TIis ndice does not c0*stitute c0ossnt by the City ftr the intrducbbn 0r admission
0l outsoriss inadmis$ble tr i.relsvant gvidarce, na does it a$fitrize dlallenoe$ r ameals not ofiawise dbmd by hn
To rsq.rest hb matsrial in a$essibb i0rmsl, slgn laflgua0e ifilertreterB, hffirE{on 0n aceess hr }erson3 wifi di$*ililies &dls an, acs0mmodatio,} to
reyie,iv any doormeflt o. particlpate ln any Cry-Woffio.ed proc8ed:rE, plffie cofiBct us five &ys in adfince f,l 305.673,741I (rrtice) or ITy IBen may aho
iall lhe Rorida Rday SerukB at 711.
Ralel E Granado, City Clerk
City ol lrriiani Bdr
&tt
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