HomeMy WebLinkAboutOrdinance 2026-4807ORDINANCE NO. 2026-4807
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.
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
CHAPTER 10
ANIMALS
Sec 10-21 Interference with trap-neuter-vaccination-retum activities prohibited:
definitions: penalties.
fal Definitions. For ourooses of this section the following terms shall have the definitions
Provided herein.
f? 1 CDmmunity 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.
(2) TNVR program is a Program in which community cats are humanely trapped
neutered vaccinated and returned to their outdoor homes.
f� TNVR activities or TNVR purposes means the trapping transporting neutering
l41 Caretaker or Volunteer means any individual engaged in lawful TNVR activity,
whether independently, in coordination with a nonprofit or under City/county-
recognized Protocols.
f51 Humane trap means any live non -incurious traooing device used for the purpose of
carrying out TNVR activities.
f bW Prohibitions.
JD 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 ooerMon where
such placement reasonably hinders the ability to humanely trap community cats
for TNVR purposes.
f?1 Tampering Interference. It shall be unlawful for any person to:
a. Remove damage move disable or disturb any humane trap that is set, staged,
or in active use for TNVR activities
b. Relocate transportabandon or otherwise release community cats in a manner
that frustrates Prevents or circumvents their participation in a TNVR program: or
c. Interfere with the transoort of community cats participating in a TNVR program
f 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
(4) 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.
(qJ 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 2.$ day of 'Y d6 . 2026.
ATTEST:
/ 0
\lA' MAR Z 0 2026 Steven Meiner, Mayor
Rafael E. Granado, City Clerk
Underline denotes additions. I+Ix:ape aunty i APPROVED AS TO
'.3. ��_' FORM & LANGUAGE
(Sponsored by Commissioner Laura Dominguez) ••4,c'pg EXECUTION
Z141zosc
IN AttorneYApor— Date
Ordinances - IRS F
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: March 18, 2026 9:40 a.m. Second 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
BACKGROUNOIHISTORY
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 CaUTNVR 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 cal -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.
728 of 1677
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: 31412026
See BIE at: hftps://w .miamibeachfi.gov/city-hall/city-clerk/meeting-noticesl
CONCLUSION
Applicable Area
Citywide
Is this a "Residents Riaht to Know" item. Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
No
No
Was this Agenda Item initially reauested 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(e)
Commissioner Laura Dominguez
Co-sponsors)
Condensed Title
9:40 a.m. 2nd Rdg, Interference w/ TNVR Activities Prohibited. (Dominguez) CA
729 of 1677
Previous Action (For City Clerk Use Only
First Reading Public Hearing on 2/25/2026 - R5 R; Not reached on 2/5/2026 - R5 X; Deferred on
12/17/2026 - R5 AF
730 of 1677