HomeMy WebLinkAboutBIE - Animal Welfare Code Modernization (6/2/2026)
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: June 24, 2026
SUBJECT: BUSINESS IMPACT ESTIMATE FOR:
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 AMENDING SECTION 10-1, ENTITLED “DEFINITIONS,” TO
FURTHER DEFINE CERTAIN TERMS THEREIN; BY AMENDING SECTION 10-3, ENTITLED
“ENFORCEMENT; ADOPTION OF PORTION OF MIAMI-DADE COUNTY CODE BY
REFERENCE,” TO CLARIFY ENFORCEMENT REQUIREMENTS; BY AMENDING SECTION
10-5, ENTITLED “FAILURE TO GIVE ACCURATE IDENTIFICATION; REFUSAL TO SIGN AND
ACCEPT A NOTICE OF VIOLATION,” TO CLARIFY VIOLATION REQUIREMENTS; BY
AMENDING SECTION 10-19, ENTITLED “CRUELTY TO ANIMALS,” TO FURTHER DEFINE
TERMS THEREIN; BY AMENDING SECTION 10-20, ENTITLED “CONFINEMENT OF
ANIMALS WITHOUT SUFFICIENT FOOD, WATER, OR EXERCISE; ABANDONMENT OF
ANIMALS,” TO FURTHER DEFINE TERMS THEREIN; AND BY CREATING SECTION 10-22,
ENTITLED “REPORTING OF SUSPECTED ANIMAL CRUELTY,” TO ENCOURAGE EARLY
REPORTING; 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
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Business Impact Estimate
Page 2
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.
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.
The Commission Memorandum and Ordinance, if amended on first reading, will be
available for public inspection on or before the commission meeting at:
https://www.miamibeachfl.gov/city-hall/city-clerk/agenda-archive-main-page-2/
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.
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Ordinances - R5 J
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:City Attorney Ricardo J. Dopico
DATE:May 20, 2026 9:42 a.m. First Reading Public Hearing
TITLE: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 AMENDING SECTION 10-1,
ENTITLED “DEFINITIONS,” TO FURTHER DEFINE CERTAIN TERMS THEREIN;
BY AMENDING SECTION 10-3, ENTITLED “ENFORCEMENT; ADOPTION OF
PORTION OF MIAMI-DADE COUNTY CODE BY REFERENCE,” TO CLARIFY
ENFORCEMENT REQUIREMENTS; BY AMENDING SECTION 10-5, ENTITLED
“FAILURE TO GIVE ACCURATE IDENTIFICATION; REFUSAL TO SIGN AND
ACCEPT A NOTICE OF VIOLATION,” TO CLARIFY VIOLATION REQUIREMENTS;
BY AMENDING SECTION 10-19, ENTITLED “CRUELTY TO ANIMALS,” TO
FURTHER DEFINE TERMS THEREIN; BY AMENDING SECTION 10-20,
ENTITLED “CONFINEMENT OF ANIMALS WITHOUT SUFFICIENT FOOD,
WATER, OR EXERCISE; ABANDONMENT OF ANIMALS,” TO FURTHER DEFINE
TERMS THEREIN; AND BY CREATING SECTION 10-22, ENTITLED “REPORTING
OF SUSPECTED ANIMAL CRUELTY,” TO ENCOURAGE EARLY REPORTING;
AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The proposed Ordinance, sponsored by Commissioner David Suarez, has been submitted for
consideration by the Mayor and City Commission.
The Mayor and City Commission find it in the best interest of the public health, safety, and welfare
to update portions of the City’s animal cruelty and neglect ordinances and clarify enforcement
authority.
As such, it is the intent of the Mayor and City Commission to provide clearer cruelty standards
and encourage reporting of suspected animal cruelty or neglect, recognizing that early reports
can prevent escalation and improve animal welfare outcomes. These changes are intended to
modernize and strengthen civil enforcement tools to allow the City to address problems earlier,
while fully preserving criminal enforcement authority at the state and county level.
Moreover, the City seeks to ensure that animals within its jurisdiction are protected from inhumane
treatment, including confinement without adequate food, water, ventilation, exercise, veterinary
care, or protection from extreme weather.
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Finally, the amendments further clarify enforcement authority by allowing law enforcement
officers, code compliance officers, park rangers, and animal control officers to exercise discretion
and make appropriate professional judgments when addressing animal-related violations.
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 David Suarez
Co-sponsor(s)
Condensed Title
NR- 9:42 a.m. 1st Rdg, Animal Welfare Code Modernization. (Suarez) CA
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Previous Action (For City Clerk Use Only)
Not reached on 4/22/2026 - R5 W
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ORDINANCE NO.
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 AMENDING SECTION 10-
1,ENTITLED "DEFINITIONS,"TO FURTHER DEFINE CERTAIN TERMS
THEREIN;BY AMENDING SECTION 10-3,ENTITLED "ENFORCEMENT;
ADOPTION OF PORTION OF MIAMI-DADE COUNTY CODE BY REFERENCE,"
TO CLARIFY ENFORCEMENT REQUIREMENTS;BY AMENDING SECTION
10-5,ENTITLED "FAILURE TO GIVE ACCURATE IDENTIFICATION;REFUSAL
TO SIGN AND ACCEPT A NOTICE OF VIOLATION,"TO CLARIFY VIOLATION
REQUIREMENTS;BY AMENDING SECTION 10-19,ENTITLED "CRUEL TY TO
ANIMALS,"TO FURTHER DEFINE TERMS THEREIN;BY AMENDING
SECTION 10-20,ENTITLED "CONFINEMENT OF ANIMALS WITHOUT
SUFFICIENT FOOD,WATER,OR EXERCISE;ABANDONMENT OF
ANIMALS,"TO FURTHER DEFINE TERMS THEREIN;AND BY CREATING
SECTION 10-22,ENTITLED "REPORTING OF SUSPECTED ANIMAL
CRUELTY,"TO ENCOURAGE EARLY REPORTING;AND PROVIDING FOR
REPEALER,SEVERABILITY,CODIFICATION,AND AN EFFECTIVE DATE.
WHEREAS,the Mayor and City Commission find it in the best interest of the public health,
safety,and welfare to update portions of the City's animal cruelty and neglect ordinances and
clarify enforcement authority;and
WHEREAS,the City seeks to ensure that animals within its jurisdiction are protected from
inhumane treatment,including confinement without adequate food,water,ventilation,exercise,
veterinary care,or protection from extreme weather;and
WHEREAS,it is the intent of the Mayor and City Commission to provide clearer cruelty
standards and encourage reporting of suspected animal cruelty or neglect,recognizing that early
reports can prevent escalation and improve animal welfare outcomes;and
WHEREAS,these changes are intended to modernize and strengthen civil enforcement
tools to allow the City to address problems earlier,while fully preserving criminal enforcement
authority at the state and county level;and
WHEREAS,the amendments further clarify enforcement authority by allowing law
enforcement officers,code compliance officers,park rangers,and animal control officers to
exercise discretion and make appropriate professional judgments when addressing animal-
related violations.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH,FLORIDA:
SECTION 1.That Section 10-1 of Chapter 10 of the Code of the City of Miami Beach is hereby
amended as follows:
CHAPTER10
ANIMALS
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Sec.10-1.Definitions.
The following words,terms and phrases,when used in this chapter,shall have the meanings
ascribed to them in this section,except where the context clearly indicates a different meaning:
Animal means any mammal,excluding humans.
Animal control officer means any person employed,hired,or appointed by the county or the
city who is authorized to investigate,on public or private property,code violations as provided in
this chapter.An animal control officer is not authorized to bear arms or make arrests.Animal
control officer shall include,but is not limited to,code compliance officers,employees of the fire
department,and employees of the police department.
Control means the regulation of the possession,ownership,care and custody of animals.
Cruelty means any act of neglect,torture or torment that causes unjustifiable pain or suffering
of an animal.
Law enforcement officer means any person who is elected,appointed or employed full-time
by the city or the state or any political subdivision thereof,who is vested with authority to bear
arms and make arrests,and whose primary responsibility is the prevention and detection of crime
or the enforcement of the penal,criminal,traffic,or highway laws of the state.This definition shall
include all part-time law enforcement officers,auxiliary law enforcement officers,and all certified
supervisory and command personnel whose duties include,in whole or in part,the supervision,
training,guidance and management responsibilities of full-time law enforcement officers,part-
time law enforcement officers,or auxiliary law enforcement officers,but does not include support
personnel employed by the employing agency.
Notice of violation means a written notice,issued to a person by an officer,that the person has
committed a civil infraction in violation of this chapter.The notice of violation shall contain:
(1)The date and time of issuance.
(2)The name and address of the person cited.
(3)The date and time the violation was committed.
(4)The facts constituting the violation.
(5)The ordinance violated.
(6)The name of the officer.
(7)The procedure for the person to follow in order to pay the fine or to appeal the citation.
(8)A statement that if the person fails to pay the fine within the time allowed,or fails to
appeal the violation by requesting an administrative hearing with the clerk of the special
magistrate within ten days after service of the notice of violation,the person shall be
deemed to have admitted the violation and waived his or her right to appeal the violation
and that,unpaid fines will result in the imposition of liens that may be foreclosed by the
city.
Offense means a notice of violation that has not been appealed timely or a finding of a
violation by a special magistrate following the appeal of the violation.
Officer means any law enforcement officer,any code compliance officer,any park ranger,
any veterinarian or any animal control officer.
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Ordinance means any ordinance relating to the control of or cruelty to animals enacted by
the governing body of the county or the city the violation of which is a civil infraction.
Owner means the owner of any real property or improvement thereon or lessee of real
property,building or apartment,hotel,motel or condominium unit.
Premises means the legal boundaries of any real property,improvement,apartment,hotel,
motel or condominium unit,whether owned or leased.
Responsible person means any person having custody,control or ownership of an animal.
Veterinarian means a person who is licensed to engage in the practice of veterinary medicine
in the state under the authority of state law.
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SECTION 2.That Section 10-3 of Chapter 10 of the Code of the City of Miami Beach is hereby
amended as follows:
Sec.10-3.Enforcement;adoption of portion of Miami-Dade County Code by reference.
(a)Any officer who determines the existence of a violation of an animal control ordinance of the
city or county shall may issue a notice of violation to that person or a citation as provided in
section 10-17.
(b)Any person issued a notice of violation of this chapter,or a citation as provided in section
10-17,except as otherwise provided in section 10-5,shall be deemed to be charged with a
civil infraction.
(c)Any person issued a notice of violation under this chapter shall sign and accept the notice.
(d)Any person charged with a civil infraction under this section may pay the civil fine,either by
mail or in person,within ten days of the date of receiving the notice of violation and shall be
deemed to have admitted the infraction and to have waived his or her right to a hearing on
the issue of the commission of the violation.
(e)Article II of chapter 5 of the Code of Miami-Dade County entitled "Dogs"is recognized as
being in force in the city and is adopted by reference as if fully set forth herein.
(f)Unless otherwise specified,the provisions of this Chapter may be enforced by any officer
acting within their lawful authority.
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SECTION 3.That Section 10-5 of Chapter 10 of the Code of the City of Miami Beach is hereby
amended as follows:
Sec.10-5.Failure to give accurate identification;refusal to sign and accept a notice of
violation.
It is unlawful for aAny person who is in violation of this chapter and to_fails to give accurate
information regarding his or her identity to a City employee in the presence of a law enforcement
officer.
It is unlawful for any person who is alleged to be in violation of this chapter to or willfully refuses
to sign or accept a notice of violation issued pursuant to this chapter by a law enforcement officer
or in the presence of a law enforcement officer.shall be guilty of a misdemeanor of the second
degree,punishable as provided by F.S.S 775.082,775.083 or 775.084.
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A violation of this section shall be punished in accordance with section 1-14 of the City Code.
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SECTION 4.That Section 10-19 of Chapter 10 of the Code of the City of Miami Beach is hereby
amended as follows:
Sec.10-19.-Cruelty to animals.
(1)A person who unnecessarily overloads,overdrives,torments,deprives of necessary
sustenance or shelter,or unnecessarily mutilates,or kills any animal,or causes the same to be
done,or carries in or upon any vehicle,or otherwise,any animal in a cruel or inhumane manner,
including transporting or confining an animal in a manner exposing the animal to extreme heat,
lack of ventilation,risk of falling,unsafe confinement conditions,or prolonged exposure to
weather,commits animal cruelty,punishable by a fine of not more than $10,000.00$1,000.00.
(2)A person who intentionally commits an act to any animal,or a person who owns or has the
custody or control of any animal and fails to act,including failure to seek veterinary care for
obvious injury,illness.severe malnutrition,parasite infestation,or visible distress,which results
in the cruel death,or excessive or repeated infliction of unnecessary pain or suffering,or causes
the same to be done,commits aggravated animal cruelty,punishable by a fine of not more than
$20,000.00$1,000.00.
(a)A person convicted of a violation of this subsection,where the finder of fact determines that
the violation includes the knowing and intentional torture or torment of an animal that injures,
mutilates,or kills the animal,shall be ordered to pay a minimum mandatory fine of
$20,000.00$500.00 and undergo psychological counseling or complete an anger management
treatment program.
(b)A person convicted of a second or subsequent violation of this subsection shall be required to
pay a minimum mandatory fine of $40,000.00$1,000.00,Any admission of guilt shall be
considered a conviction for purposes of this subsection.
(3)A person who commits multiple acts of animal cruelty or aggravated animal cruelty against an
animal may be charged with a separate offense for each such act.A person who commits animal
cruelty or aggravated animal cruelty against more than one animal may be charged with a
separate offense for each animal such cruelty was committed upon.
(4)A veterinarian licensed to practice in the state shall be held harmless from either criminal or
civil liability for any 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 part in an
investigation of cruelty to animals.
(5)Visible emaciation,untreated wounds,severe matting,severe parasite infestation,or repeated
documented complaints may be considered evidence of cruelty or neglect.
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SECTION 5.That Section 10-20 of Chapter 10 of the Code of the City of Miami Beach is hereby
amended as follows:
Sec.10-20.-Confinement of animals without sufficient food,water,or exercise;
abandonment of animals.Animal neglect:minimum standards of care:abandonment
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(1)As used in this section:Abandon means to forsake an animal entirely or to neglect or refuse
to provide or perform the legal obligations for care and support of an animal by any person owning,
possessing,taking,having custody of,or other person in charge of an animal.
(2)It shall be unlawful to commit any act that constitutes animal neglect,including those acts
specifically enumerated belowWhoever:
(a)Impounds or confines any animal in any place and fails to supply the animal during
such confinement with a sufficient quantity of good and wholesome food and water,
including continuous access to clean potable water and food of sufficient nutritional value
appropriate to the animal's species,age,and condition;
(b)Keeps any animal in an enclosure without wholesome exercise and change of air,
including adequate ventilation,reasonably sanitary conditions,and sufficient space for
normal postural movements such as standing,turning,and lying down;
(c)Abandons any animal that is maimed,sick,infirm,or diseased;
(d)Abandons such animal to suffer injury or malnutrition or abandons any animal in a
street,road,or public place without providing for the care,sustenance,protection,and
shelter of such animal,including protection from extreme heat,prolonged sunlight,
flooding,standing water,hurricanes,or severe weather;
(e)Leaves an animal unattended in a motor vehicle if conditions may endanger the animal
due to heat,cold,lack of ventilation,or duration of confinement.
(3)This section may be enforced by the Miami Beach Police Department and Code Compliance
Department.Any person who violates this section shall be subject to the following fines:
(a)One thousand dollars per day for the first violation;
(b)Five thousand dollars per day for a second or subsequent violation;
(c)Fifteen thousand dollars for any violation that the special magistrate finds to be
irreparable or irreversible in nature.
(d)Each day of a violation after notice shall constitute a separate offense.
(4)Violations of this section may also be enforced pursuant to section 1-14 of the City Code;
enforcement of this section shall be cumulative and shall not preclude criminal prosecution under
state law or enforcement by any other governmental authority having jurisdiction.
(5)Officers are empowered to take early intervention in the form of education and/or guidance to
the owner where animals show objective signs of neglect to prevent escalation to cruelty.
(6)Officers who reasonably believe an animal is in imminent danger may take reasonable
emergency actions,including providing aid,entry into a motor vehicle or property under exigent
circumstances,placing the animal in temporary protective custody,and transferring the animal to
Miami-Dade Animal Services as soon as practicable,consistent with state law.Officers may
conduct reasonable follow-up inspections after a violation is established to ensure compliance.
Officers acting in good faith under this subsection shall be immune from liability to the extent
permitted by law.Nothing in this subsection limits authority otherwise provided by state law.
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(7)This section shall be liberally construed to protect animal welfare and prevent cruelty and
neglect,consistent with state law.
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SECTION 6.That Section 10-22 of Chapter 10 of the Code of the City of Miami Beach shall be
created as follows,and as hereinafter set forth below:
Sec.10-22.-Reporting of suspected animal cruelty.
(1)Any person who reasonably believes animal cruelty or neglect has occurred is encouraged to
report such information to law enforcement or Miami-Dade Animal Services.Reports may be
made anonymously.
(2)Veterinarians,animal hospitals,pet boarding facilities,groomers,trainers,and other animal-
related businesses who observe suspected cruelty in the course of their duties shall make a
reasonable effort to report such abuse.
(3)Nothing in this section shall be interpreted to create a legal duty to report.
SECTION 7.REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 8.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 9.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 10.EFFECTIVE DATE.
This Ordinance shall take effect the day of,2026.
ATTEST:
Steven Meiner,Mayor
Rafael E.Granado,City Clerk
Underline denotes additions
Strikethrough denotes deletions
(Sponsored by Commissioner David Suarez)
APPROVED AS TO
FORM &LANGUAGE
JR EXECUTION
#l44le¢
Date
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