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Home My WebLink AboutBIE - Interference with TNVR Activities Prohibited (3/4/2026) City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: Mayor Steven Meiner and Members of the City Commission FROM: Eric Carpenter, City Manager MEETING DATE: March 18, 2026 SUBJECT: BUSINESS IMPACT ESTIMATE FOR: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SUBPART A OF THE CITY CODE, ENTITLED “GENERAL ORDINANCES,” BY AMENDING CHAPTER 10, ENTITLED “ANIMALS,” BY CREATING SECTION 10-21, ENTITLED “INTERFERENCE WITH TRAP-NEUTER-VACCINATION- RETURN ACTIVITIES PROHIBITED; DEFINITIONS; PENALTIES” TO PROHIBIT INTERFERENCE WITH SPECIFIED TRAP-NEUTER-VACCINATION-RETURN ACTIVITIES; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Is a Business Impact Estimate Required? ☑ Yes ☐ No (If no, please check one of the boxes below) If one or more boxes are checked below, this means the City of Miami Beach has determined that a Business Impact Estimate for the above-referenced Ordinance is not required by State law. ☐ The proposed Ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed Ordinance relates to the issuance or refinancing of debt; ☐ The proposed Ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed Ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the City; ☐ The proposed Ordinance is an emergency ordinance; ☐ The Ordinance relates to procurement; or ☐ The proposed Ordinance is enacted to implement the following: a. Private applications for comprehensive plan amendments and land development regulation amendments; b. Development orders, development permits, and development agreements; c. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. Docusign Envelope ID: 75577523-F2D4-4948-B726-E960EFA12EAB Business Impact Estimate Page 2 If none of the above exceptions apply, this Business Impact Estimate is hereby provided in accordance with Section 166.041(4), Florida Statutes. 1. A summary of the proposed Ordinance and its purpose is more fully set forth in the Commission Memorandum accompanying the Ordinance, as well as in the recitals to the Ordinance itself. The Commission Memorandum and Ordinance are attached hereto. 2. The City of Miami Beach estimates that the proposed Ordinance will have no direct economic impact on private, for-profit businesses in the City of Miami Beach; that the proposed Ordinance will have no direct compliance costs that businesses may reasonably incur; that the proposed Ordinance will not impose any new charge or fee for which businesses will be financially responsible; and that the proposed Ordinance will not impact the City of Miami Beach’s regulatory costs and will not generate any revenue from new charges or fees. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed Ordinance: The City of Miami Beach estimates that no businesses are likely to be impacted by the proposed Ordinance. 4. Additional comments: None. Docusign Envelope ID: 75577523-F2D4-4948-B726-E960EFA12EAB Ordinances - R5 R COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:City Attorney Ricardo J. Dopico DATE:February 25, 2026 10:45 a.m. First Reading Public Hearing TITLE:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SUBPART A OF THE CITY CODE, ENTITLED “GENERAL ORDINANCES,” BY AMENDING CHAPTER 10, ENTITLED “ANIMALS,” BY CREATING SECTION 10-21, ENTITLED “INTERFERENCE WITH TRAP-NEUTER-VACCINATION-RETURN ACTIVITIES PROHIBITED; DEFINITIONS; PENALTIES” TO PROHIBIT INTERFERENCE WITH SPECIFIED TRAP-NEUTER-VACCINATION-RETURN ACTIVITIES; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. RECOMMENDATION BACKGROUND/HISTORY ANALYSIS The proposed ordinance, sponsored by Commissioner Laura Dominguez, is submitted for consideration by the Mayor and City Commission. Miami-Dade County has established a countywide Community Cat/TNVR Program, which authorizes the trapping, neutering, vaccinating, ear-tipping, and returning of community cats as a recognized humane method of population management. Moreover, Miami-Dade County’s policies expressly support the lawful participation of caretakers, volunteers, and nonprofit animal-welfare organizations in carrying out TNVR activities. By adopting the proposed Ordinance, which prohibits feeding interference, trap tampering, and harassment of caretakers and volunteers, the City seeks to ensure uniformity and alignment with Miami-Dade County’s Community Cat Program while strengthening humane cat-management practices within the City. To that effect, the City recognizes that interference with authorized TNVR activities (including feeding interference, trap tampering, and harassment of caretakers and volunteers) undermines both City and County goals related to public health, humane animal treatment, and sustainable community-cat population control. Accordingly, adopting the proposed Ordinance would reinforce Miami-Dade County’s TNVR framework, protect caretakers and volunteers, and ensure orderly and humane community-cat management in the City. Docusign Envelope ID: 75577523-F2D4-4948-B726-E960EFA12EAB 9 0 9 7 FISCAL IMPACT STATEMENT None. Does this Ordinance require a Business Impact Estimate? Yes (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/ FINANCIAL INFORMATION CONCLUSION Applicable Area Citywide Is this a “Residents Right to Know” item, pursuant to City Code Section 2-17? Is this item related to a G.O. Bond Project? No No Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No If so, specify the name of lobbyist(s) and principal(s): Department City Attorney Sponsor(s) Commissioner Laura Dominguez Co-sponsor(s) Condensed Title NR- 10:45 a.m. 1st Rdg, Interference w/ TNVR Activities Prohibited. (Dominguez) CA Docusign Envelope ID: 75577523-F2D4-4948-B726-E960EFA12EAB 9 0 9 7 Previous Action (For City Clerk Use Only) Not reached on 2/5/2026 - R5 X; Deferred on 12/17/2026 - R5 AF Docusign Envelope ID: 75577523-F2D4-4948-B726-E960EFA12EAB ORDINANCE NO._ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,AMENDING SUBPART A OF THE CITY CODE, ENTITLED "GENERAL ORDINANCES,"BY AMENDING CHAPTER 10, ENTITLED "ANIMALS,"BY CREATING SECTION 10-21,ENTITLED "INTERFERENCE WITH TRAP-NEUTER-VACCINATION-RETURN ACTIVITIES PROHIBITED;DEFINITIONS;PENAL TIES"TO PROHIBIT INTERFERENCE WITH SPECIFIED TRAP-NEUTER-VACCINATION-RETURN ACTIVITIES;AND PROVIDING FOR REPEALER,SEVERABILITY,CODIFICATION,AND AN EFFECTIVE DATE. WHEREAS,Miami-Dade County has established a countywide Community Cat/TNVR Program,which authorizes the trapping,neutering,vaccinating,ear-tipping,and returning of community cats as a recognized humane method of population management;and WHEREAS,Miami-Dade County's policies expressly support the lawful participation of caretakers,volunteers,and nonprofit animal-welfare organizations in carrying out TNVR activities; and WHEREAS,the City of Miami Beach ("City")seeks to ensure uniformity and alignment with Miami-Dade County's Community Cat Program while strengthening humane cat-management practices within the City;and WHEREAS,the City recognizes that interference with authorized TNVR activities (including feeding interference,trap tampering,and harassment of caretakers and volunteers)undermines both City and County goals related to public health,humane animal treatment,and sustainable community-cat population control;and WHEREAS,the City recognizes and acknowledges the contributions of nonprofit organizations,including SoBe Cats,Inc.,a 501(c)(3)corporation,which performs TNVR activities within the City and typically provides temporary informational signage during active operations to discourage public interference;and WHEREAS,the Mayor and City Commission hereby desire to adopt the following ordinance in order to reinforce Miami-Dade County's TNVR framework,protect caretakers and volunteers, and ensure orderly and humane community-cat management in the City. NOW,THEREFORE,BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,AS FOLLOWS: SECTION 1.That Section 10-21 of the City Code shall be created as follows,and as hereinafter set forth below: SUBPART A -GENERAL ORDINANCES *k k CHAPTER10 ANIMALS Docusign Envelope ID: 75577523-F2D4-4948-B726-E960EFA12EAB k %$ Sec.10-21.Interference with trap-neuter-vaccination-return activities prohibited: definitions:penalties. (a)Definitions.For purposes of this section,the following terms shall have the definitions provided herein. ill Community cat means an unowned and free-roaming cat,which may or may not be feral,that is cared for,managed,or monitored as part of a recognized TNVR program. ill TNVR program is a program in which community cats are humanely trapped, neutered,vaccinated and returned to their outdoor homes. (3)INVR activities or TNVR purposes means the trapping,transporting,neutering, vaccinating,returning,monitoring,or caring for community cats as part of an authorized TNVR program. ill Caretaker or Volunteer means any individual engaged in lawful TNVR activity, whether independently,in coordination with a nonprofit,or under City/County- recognized protocols . (5)Humane trap means any live,non-injurious trapping device used for the purpose of carrying out TNVR activities. (b)Prohibitions. ill Feeding Interference.It shall be unlawful for any person to: a.Provide food to community cats in a manner that disrupts.undermines,or interferes with active or scheduled trapping efforts:or b.Place food or attractants in any location during an active trapping operation where such placement reasonably hinders the ability to humanely trap community cats for TNVR purposes. ill Tampering Interference.It shall be unlawful for any person to: §__,_Remove,damage,move,disable,or disturb any humane trap that is set,staged, or in active use for TNVR activities: b.Relocate,transport,abandon,or otherwise release community cats in a manner that frustrates,prevents.or circumvents their participation in a TNVR program:or c.Interfere with the transport of community cats participating in a TNVR program. (3)Harassment Interference.It shall be unlawful for any person to: a.Threaten,intimidate,or harass any caretaker or volunteer engaged in lawful TNVR activities: b.Hinder,impede,or obstruct a caretaker or volunteer performing duties reasonably associated with TNVR activities:or 2 Docusign Envelope ID: 75577523-F2D4-4948-B726-E960EFA12EAB (A)Indirect Interference.It shall be unlawful for any person to: a.Authorize,instruct,or encourage another person to engage in conduct prohibited by this section. (c)Penalties Violations of this section shall be punished as provided in section 10-2 of the City Code. SECTION 2.REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3.SEVERABILITY. If 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. 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 day of"2026. ATTEST: Steven Meiner,Mayor Rafael E.Granado,City Clerk Underline denotes additions. (Sponsored by Commissioner Laura Dominguez) 3 APPROVED AS TO FO R M &LANGUAGE ~ECUTIONi2J«lea A""Me " Docusign Envelope ID: 75577523-F2D4-4948-B726-E960EFA12EAB