ORDINANCE NO. ______________
AN ORDINANCE
OF THE MAYOR AND CITY COMMISION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
CHAPTER 82 OF THE CITY OF MIAMI BEACH CODE BY ADDING SECTION 82-443 THEREOF
ENTITLED “DOG OPERATIONS”, ESTABLISHING
REGULATIONS FOR DOG ACCESS TO AREAS OF THE BEACH AS DEFINED BY THE CITY
MANAGER, INCLUDING THE BEACHWALK FROM 14TH STREET TO 21ST
STREET; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
Whereas, the City’s natural environment is one of the most important resources for the City and provides social and economic benefits.
Whereas, the City recognizes the effect of fecal matter on the beach ecosystem, and recognizes that it is important to protect the surrounding fragile environment. Though dogs will only be permitted on the Beachwalk, some persons may take their dogs on the beach which may pose a risk to the environment. Therefore the City will not allow dogs on the dune and the beach in order to help minimize environmental impacts.
WHEREAS, the City Administration recommends that the City Commission approve the proposed Ordinance which would amend Chapter 82 entitled “Public Property”, by creating article 5, entitled “Environmental Impact Report.”
NOW
THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
Section 1. The Miami Beach City Code, Chapter 82, “Public Property,” is hereby amended by adding a new Section 82-443, entitled “Dog Operations,” which shall read as follows:
Article V. Beaches
Sec. 82-443 Purpose and Intent
It is the purpose of this article to create a framework
within which dog owners will be given conditional permission to walk their dogs
along areas of the beach as designated by the City Manager once a permit has
been obtained from the City of
The restrictions and constraints of this article shall be
effective within the incorporated areas of the City of
Sec. 82-443 (1)
Background
Within
the City of
It is of utmost importance that dogs remain leashed at all times. This is a security measure and aims to ensure the security of all persons on the Beachwalk. Dogs must not be allowed to interfere with, bother, or harass other Beachwalk users, other animals, or wildlife.
The
City recognizes that even if dog owners diligently remove animal waste from
sand, small amounts of fecal matter can remain. Animal waste has been known to
carry bacteria and viruses capable of contaminating water and causing illness
to humans exposed to these waters. The
City, its inhabitants, and its visitors have a vested interest in the continued
protection and further enhancement of the beach system. The City therefore
insists that under no circumstances will any dog be given permission to access
the dune or beach at any time.
Sec. 82-443
(2) Definitions.
As
used in this chapter the following terms shall have the meanings indicated:
DOG – Any Canis familiaris or hybrid thereof.
OWNER -- The
person or persons owning, keeping or harboring a dog.
BEACHWALK
– The paved walkway located to the west of the dune currently running from
BEACH
-- The zone of unconsolidated sediment mostly sand deposited by the action of
waves that extends landward from the low-water line to the place where there is
a marked change in the material of physiographical form, i.e., dune or
bulkhead.
CITY,
The -- The City of
DUNE
AREA -- The area actually or normally occupied by dunes. For purposes of this
chapter, it shall be construed to include its actual dimensions of the dune
ecosystem that includes coastal strand and upland hammock areas.
DUNES
-- Systems or accumulated formations of drifting windblown material, usually
sand, which are landward of the beach and oriented roughly parallel to the
shoreline. These formations may be natural or of human origin and are
stabilized and constructed with natural beach vegetation
Sec. 82-443
(3). Dog operations permit regulations
It shall be unlawful for any person to take, carry, lead or permit dogs or other pets to come upon the beach at any time, except under the following conditions:
(a) A valid permit shall be required before a person may take a dog upon that part of the beach located on the Beachwalk between 14th Street and 21st Street as provided in Section X.x(x)(X) of the City of Miami Beach Code. The dog shall at all times be leashed and under the control of such person. The person in control of the dog shall immediately remove and properly dispose of any fecal matter deposited by such dog.
(b) The City Manager or his designee shall issue a permit for a person to take, carry or come upon the designated area of the beach with a dog as provided in subsection (a).
(1) A permit fee schedule shall be established by the City Manager and approved by the city commission commensurate with the cost of administering the permit system. The permittee as a condition of the permit shall follow all applicable rules and regulations set forth by said permit.
(2) A permit may be revoked by the City Manager or his designee upon the sworn affidavit of a law enforcement officer or other city employee witnessing a permittee's violation of a provision of this section or any applicable rule. Upon receipt of a notice of intent to revoke the permit from the city, the permittee shall have ten (10) days to request a hearing before the city manager or his designee. The decision of the city manager to revoke a permit shall be final. A person whose permit has been revoked shall be eligible to apply for a new permit after six (6) months from the date of the revocation.
(3) The Environmental Resources Management Division
shall undertake an education program to provide the public with information
concerning the importance of responsible dog ownership. It will be a condition
of the permit that with every new permit purchase and renewal, an informational
brochure shall be handed to the permittee.
(4) The City will erect signage within the
designated areas identifying the rules and regulations set forth herewith. Such
signage will require the approval of the Environmental Resources Management
Division, in addition to any County or State requirements.
Sec. 82-443
(4). Enforcement and Penalties.
A.
Enforcement.
The provisions of this ordinance shall be enforced by the
City Manager and those representatives designated by him pursuant to the final
promulgated regulations of this ordinance. The enforcement of this ordinance
shall be withheld for 120 days from the effective date of this ordinance.
B.
Schedule of Civil
Penalties.
|
Code Section |
Description of Violation |
Civil Penalty |
| Section 82-443.5 | Unleashed Dog on the Beachwalk | $.x.xx |
| Section 82-443.6 | Failure to Remove Fecal Matter from the Beachwalk | $.x.xx |
C.
Violations. Of the provisions of this article or failure to comply
with any of its requirements shall constitute an offense enforceable pursuant
to the enforcement provisions of this ordinance. When it has been determined
that a violation has occurred, notice of the violation and an opportunity for a
hearing shall be served on the dog owner.
SECTION 2.
REPEALER.
All ordinances or parts of ordinances and all sections and
parts of sections in conflict with this ordinance herewith are hereby repealed.
SECTION 3.
CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word “ordinance” may be changed to “section” or other appropriate word.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days upon its adoption by the Mayor and City Commission and execution by the Mayor and City Clerk.
PASSED AND ADOPTED
this ______ day of _________ 2006.
_____________________________
MAYOR
ATTEST:_______________________
CITY CLERK
APPROVED AS TO
FORM
AND LANGUAGE &
FOR EXECUTION
______________________ ________
CITY ATTORNEY Date