HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE
File ID: #1173
Ordinance
Second Reading
Sponsored by: Ken Russell, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
6/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "ANIMALS/DOGS," BY PROVIDING ADDITIONAL DEFINITIONS AND
ESTABLISHING A NEW SECTION 6-46, ENTITLED "SALE OR TRANSFER OF DOGS
OR CATS"; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
City of Miami File ID: 1173 (Revision: E) Printed On: 3/24/2025
City of Miami
Legislation
Ordinance
Enactment Number: 13696
File Number: 1173 Final Action Date: 7/27/2017
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
6/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "ANIMALS/DOGS," BY PROVIDING ADDITIONAL DEFINITIONS AND
ESTABLISHING A NEW SECTION 6-46, ENTITLED "SALE OR TRANSFER OF DOGS
OR CATS"; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
WHEREAS, the City Commission desires to prohibit the sale of mass -bred dogs and cats by
substandard breeding facilities for sale to the public, many of which are sold at certain Pet
Stores as defined herein; and
WHEREAS, the City of Miami has engaged in ongoing due diligence efforts with existing
retail businesses that sell dogs and/or cats and that maintain current building permits,
certificates of use, and business tax receipts; and
WHEREAS, in the case of Maryeli's Lovely Pets, Inc. v. City of Sunrise, Case No. 2014-CV-
61391, the United States District Court for the Southern District of Florida upheld the City of
Sunrise's ordinance limiting Pet Stores to selling animals from shelters, rescue groups, and
humane societies;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 6/Article II of the Code of the City of Miami, Florida, as amended ("City
Code"), entitled "Animals/Dogs", is amended in the following particulars:1
"CHAPTER 6
ANIMALS
ARTICLE II. DOGS AND CATS
Sec. 6-36. Definitions.
1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
City of Miami File ID: 1173 (Revision: E) Printed On: 3/24/2025
For the purpose of this article, the following words and phrases shall have the meanings
respectfully ascribed to them by this section:
Animal Rescue Organization: A not for profit organization devoted to the rescue, care, or
adoption of stray, abandoned, injured, or surrendered animals and which does not breed
animals.
Animal Shelter: A public animal shelter or duly incorporated not for profit organization,
operated as a bona -fide charitable organization under Section 501(c)(3) of the Internal Revenue
Code, devoted to the rescue, care, or adoption of stray, abandoned, injured, or surrendered
animals and which does not breed animals.
Breeder: Any person or entity that causes Dogs or Cats to reproduce regardless of the
size or number of litters produced. Any person or entity offering male Dogs or Cats for stud
purposes shall be classified as a Breeder. It is provided, however, that this classification shall
not apply to a Hobby Breeder as defined in this Section or to a pet Owner who breeds his or
her own pet and keeps all of the offspring so long as the total number of Dogs kept on the
premises does not constitute a Kennel. Any establishment used by a Breeder for the breeding
of Dogs, except for a Hobby Breeder as defined in this Section, shall be regulated as a
Kennel. Breeders that sell directly to the public shall also be subject to regulation as Pet
Dealers.
Cat: An animal of the Felidae family of the order Carnivora.
Certificate of Source: A document from the source declaring the origin of the Dog or Cat
on the premises to be sold or transferred, or offered for sale or transfer, by the Pet Store. The
Certificate of Source shall include, at minimum:
(a) the name, address, telephone number, and electronic mail address of the source of
the Dog or Cat;
(b) a brief description of the Doq or Cat, the original source of the Dog or Cat, and
license information if the original source Breeder is licensed by the United States
Department of Agriculture; and
(c) shall be signed by both the Pet Store certifying the accuracy of the Certificate of
Source and by the purchaser or transferee of the Dog or Cat acknowledging receipt
of the Certificate of Source.
Dog: Such term shall include either malc or fcmalc dog& An animal of the Canidae family
of the order Carnivora.
Hobby Breeder. A person or entity that is an active member of a national, state, or
local Breeder organization and that houses or breeds Dogs or Cats at or adjoining a private
residence for the purpose of improving the breed; exhibiting Dogs or Cats at shows operated
by a national, state, or local Breeder organization; or raising service animals or animals used
for law enforcement or other types of work. A Hobby Breeder may sell no more than two (2)
litters of puppies or kittens per year per household so long as the total number of Dogs kept
on the premises does not constitute a Kennel as defined in this Section. A Hobby Breeder that
sells more than two (2) litters per year per household shall be deemed to be a Pet Dealer.
City of Miami File ID: 1173 (Revision: E) Printed On: 3/24/2025
Kennel. The following uses shall constitute a Kennel:
(a) The keeping of any Dog or Dogs, regardless of number, for sale, boarding, or
treatment purposes, except by a Hobby Breeder as defined in this Section or as
provided by law, in a Dog hospital, Dog beauty parlor, pet care center, pet shop,
Dog racing establishment, governmental agency, laboratory, or facility housing
animals for medical research that is approved by a federal agency;
(b) The keeping of Dogs six (6) months of age or older on premises used for
residential purposes in excess of (1) four (4) Dogs on property that is less than
one (1) acre in gross area or in any individual residence unit in a Transect Zone
that allows multifamily uses; (2) six (6) Dogs on property that is at least one (1)
acre but less than two (2) acres in gross area; and (3) eight (8) Dogs on property
that is two (2) acres or more in gross area; or
(c) The keeping of more than four (4) guard Dogs on vacant property or on property
used for business or industrial purposes.
Owner: Any person owning, harboring, or keeping a dog or Cat within the City.
Pet Dealer. Any person that engages in the sale to the public of Dogs or Cats
regardless of number. This classification shall include Pet Stores as well as Breeders who sell
directly to the consumer. Animal Rescue Organizations and Hobby Breeders shall be exempt
from this classification.
Pet Store: A pet shop, pet beauty parlor, animal grooming establishment, pet hospital, or
other retail establishment open to the public and engaging in the business of selling pet
supplies, services, or animals at retail or wholesale prices.
Pet Store Operator: A person who owns or operates a Pet Store.
Retail Sale: The display, offer for adoption, barter, auction, give away, or other transfer
of any Dog or Cat.
Sec. 6-46. 6.70. Reserved. Sale or transfer of Dogs and Cats.
(a) No Pet Store shall offer for Retail Sale any Dogs or Cats in the City on or after the effective
date of this Section unless the Pet Store is exempt pursuant to Section 6-46(b).
(b) This Section shall not apply to:
(1) A publicly operated animal control facility or Animal Shelter;
(2) A private, charitable, not for profit Animal Rescue Organization;
(3) A publicly operated animal control agency or not for profit Animal Rescue
Organization that operates out of or in connection with, a Pet Store;
(4) A Pet Store that transitions into the sale of pets formerly from an Animal Shelter or a
Pet Store that sells those pets acquired from an Animal Shelter or a locally regulated
Miami -Dade County Hobby Breeder; or
(5) A Hobby Breeder.
City of Miami File ID: 1173 (Revision: E) Printed On: 3/24/2025
(c) Certificate of Source.
(1) A Pet Store shall post and maintain in a conspicuous place on or within (3) three
feet of each Dog's or Cat's kennel, cage, or enclosure a Certificate of Source of
each Dog or Cat offered for Retail Sale and shall provide a copy of such
Certificate of Source to the purchaser or transferee of any Dog or Cat offered for
Retail Sale.
(2) Falsification of a Certificate of Source is hereby unlawful. A violation of this
Section shall be enforced pursuant to the provisions of Section 6-71 below.
(d) Nothing in this Section shall prevent a Pet Store, Pet Store Operator, or employees of a Pet
Store from providing space and appropriate care for animals owned by a publicly operated
animal control agency or Animal Rescue Organization and maintained at the Pet Store for
the purpose of adopting or selling those animals to the public.
(e) Any person who violates this Section shall be punished as provided in Section 6-71 of the
City Code; Chapter 2, Article X of the City Code; or any other remedy as provided by law.
Sec. 6-47-6-70. Reserved.
*11
Section 3. All Pet Stores with a valid Certificate of Use on the effective date of this
Ordinance shall have thirty (30) days to come into compliance with this Ordinance.
Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 5. This Ordinance shall become effective immediately after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity (tor
ndez, ity Httor
ndez, ity Attor ey 11/29/2016
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein. whichever is later.
City of Miami
File ID: 1173 (Revision: E) Printed On: 3/24/2025