20170726 AM3MIAMI BEACH
City Commission Meeting
ADDENDUM MATERIAL 3 (712512017)
City Hall, Commission Chambers, 3'd Floor, 1700 Convention Center Drive
July 26,2017
Mayor Philip Levine
Commissioner John Elizabeth AlemSn
Commissioner Ricky Arriola
Commissioner Michael Grieco
Commissioner Joy Malakoff
Com m issioner Kristen Rosen Gonzalez
Commissioner Micky Steinberg
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Visff us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article Vll, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Glerk priorto engaging in any lobbying activitywith the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the Gity Gode sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
ADDENDUM AGENDA
G4 - Commission Committee Assiqnments
C4 AB REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE - DISCUSSION
REGARDING CONVERTING THE PARALLEL PARKING AROUND CRESPI PARK INTO
DIAGONAL PARKING.
Commissioner Kristen Rosen Gonzalez
Addendum added on 7 12512017
R5 - Ordinances
R5 AJ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 1O OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED
"ANIMALS," BY CREATING SECTION 10-19, TO BE ENTITLED "CRUELTYTO ANIMALS"; AND BY
AMENDING SECTION 1O-2, ENTITLED "FINES FOR VIOLATIONS OF ANIMAL CONTROL
ORDINANCES; UNPAID FINES TO CONSTITUTE LIEN AND BASIS FOR REVOCATION OF CITY
PARKING PERMITS/DECALS," TO CROSS-REFERENCE THE NEW PROVISIONS IN SECTION
10-19; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
Office of the City Attomey
Mayor Philip Levine
Addendum added on 7 12512017
First Readinq
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Commission Committee Assignments - C4 AB
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Commissioner Kristen Rosen Goraalez
DATE: July 26,2017
SUBJECT: REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE - DISCUSSION
REGARDING CONVERTING THE PARALLEL PARKING AROUND CRESPI PARK INTO
DIAGONAL PARKING.
ANALYSIS
Please place a refenal to the Neighborhood/Community Affairs Committee regarding converting parallel parking around Crespi
Park into diagonal parking. This, plus the proposed surface lot on HaMhorne, would allow nuch needed relief for the Biscayne
Beach Neighborhood.
Legislative Tracking
Commissioner Kristen Rosen Gonzalez
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Ordinances - R5 AJ
COMMISSION MEMORANDUM
Honorable Mayor and Members of the City Commission
Raul J. Aguila, City Attorney
July 26,2a17
MIAMI BEACH
TO:
FROM:
DATE:
First Reading
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF MIAMI BEACH,
ENTITLED "ANIMALS," BY CREATING SECTION 1O-19, TO BE ENTITLED "CRUELTY TO
ANIMALS"; AND BY AMENDING SECTION 10-2, ENTITLED 'FINES FOR VIOLATIONS OF
ANIMAL CONTROL ORDINANCES; UNPAID FINES TO CONSTITUTE LIEN AND BASIS FOR
REVOCATION OF CITY PARKING PERMITS/DECALS," TO CROSS-REFERENCE THE NEW
PROVISIONS lN SECTION 10-19; PROVIDING FOR REPEALER, SEVERABILITY
CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
Pursuant to the request of Mayor Philip Levine, the above-referenced Ordinance is submitted for consideration by the City
Commission at the July 26,2A17 Commission Meeting on First Reading.
Leoislative Trackino
Office of the City Attorney
Sponsor
Mayor Philip Levine
ATTACHMENTS:
Description
n Creating Sec 1G19 Cruelty to Animals
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ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND GITY COMMTSSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 1O OF THE
CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ANIMALS," BY
CREATING SECTION 10.19, TO BE ENTITLED "CRUELTY TO
ANIMALS"; AND BY AMENDING SECTION 10-2, ENTITLED "FINES
FOR VIOLATIONS OF ANIMAL CONTROL ORDINANCES; UNPAID
FINES TO CONSTITUTE LIEN AND BASIS FOR REVOCATION OF
CITY PARKING PERMITS/DECALS," TO CROSS.REFERENCE THE
NEW PROVISIONS lN SECTION 10-19; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE 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 neglect, torture, or torment that causes unjustifiable pain or
suffering of an animal.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Chapter 10 entitled "Animals," of the Code of the City Miami Beach is hereby
amended as follows:
CHAPTER 1O
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 othenrvise provided in sections 10-17 and 10-18, or Section 10-19, 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 within the preceding 12 months, a $200.00 fine.
For purposes of this section, an offense shall be deemed to have occurred on the date that the
violation occurred. An offense occurring 12 months after the last offense shall be treated as a
first offense for purposes of incurring new fines. However, any fines imposed in any prior 12-
month period shall not be waived.
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(b)
(c)
The failure of any person to pay the appropriate fine within the time allowed or to appeal the
violation shall constitute a waiver of the right to an administrative hearing before the special
master and fines may be accessed accordingly.
A certified copy of an order imposing a fine may be recorded in the public records and
thereafter shall constitute a lien upon any real or personal property owned by the violator
and it may be enforced in the same manner as a court judgment by the sheriffs of this state,
including levy against the violator's personal property, but shall not be deemed to be a court
judgment except for enforcement purposes. After two months from the recording of any
such lien that which remains unpaid, the city may foreclose or othenvise execute upon the
lien. ln addition, any order of the special master imposing a fine for a violation of section 10-
11 that remains unpaid two months after the date of the order shall be grounds for the
revocation of any and all residential parking permits or decals issued to the violator by the
city.
SEGTION2. That Chapter 10 entitled "Animals," of the Code of the City Miami Beach is
hereby amended to create Section 10-'tg to be entitled "Cruelty to Animals," as follows:
Sec. 10-19. Crueltv to Animals.
(!_) A person who unnecessarilv overloads, overdrives, torments, deprives of necessary
sustenance or shelter, or unnecessarilv mutilates. or kills anv animal, or causes the same to
be done. or carries in or upon anv vehicle, or othenrvise, anv animal in a cruel or inhumane
manner, commits animal cruelty, punishable bv a fine of not more than $10.000.
(!) A person who intentionallv commits an act to anv animal, or a person who owns or has the
custodv or control of anv animal and fails to act, which results in the cruel death. or
excessive or repeated infliction of unnecessary pain or sufferinq, or causes the same to be
done, commits aqqravated animal cruelty. punishable bv a fine of not more than $20,000.
(a) A person convicted of a violation of this subsection, where the finder of fact determines
that the violation includes the knowino and intentional torture or torment of an animal
that iniures, mutilates, or kills the animal, shall be ordered to pav a minimum mandatory
fine of $20,000 and underoo psvcholooical counselinq or comolete an anqer
manaqement treatment proq ram.
(b) A person convicted of a second or subsequent violation of this subsection shall be
required to pav a minimum mandatorv fine of $40,000. Anv admission of quilt shall be
considered a conviction for purposes of this subsection.
(Q A person who commits multiple acts of animal crueltv or aqoravated animal cruelty aoainst
an animal mav be charqed with a separate offense for each such act. A person who
commits animal crueltv or aqoravated animal crueltv aoainst more than one animal mav be
charqed with a separate offense for each animal such crueltv was committed upon.
(!) A veterinarian licensed to practice in the state shall be held harmless from either criminal or
civil liabilitv for anv decisions made or services rendered under the provisions of this section.
Such a veterinarian is, therefore, under this subsection, immune from a lawsuit for his or her
paft in an investiqation of crueltv to animals.
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SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION4. SEVERABILIry.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTIONs. 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 6. EFFECTIVE DATE.
This Ordinance shalltake effect ten (10) days following adoption.
PASSED AND ADOPTED this day of_,2017.
ATTEST:
Mayor Philip Levine
Rafael E. Granado, City Clerk
Underline denotes new language
(Sponsored by Mayor Philip Levine)
APPROVEDASTO
FORM &I.ANGUAGE
R E(ECI..ITION
OtyAfiomsy w 7
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