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Home My WebLink AboutLegislation-SUB #2CITY OF di/ § City of Miami Ordinance 14137 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12927 Final Action Date: 1/26/2023 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PARKS AND RECREATION/USE REGULATIONS"; MORE PARTICULARLY BY AMENDING SECTION 38-57 OF THE CITY CODE, TITLED "DOMESTIC ANIMALS IN PARKS," TO RAISE THE FINE FOR ALLOWING DOGS OFF THEIR LEASH TO $500.00; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Commissioner Joe Carollo WHEREAS, currently Section 38-57 of the Code of the City of Miami, Florida, as amended ("City Code"), titled "Domestic animals in parks," only provides for a $10.00 to $50.00 fine for allowing dogs to be in a public park without a leash; and WHEREAS, in many public parks, unleashed dogs have created a problem among walkers and runners and also due to distance from their owners created a situation where their fecal matter is not removed; and WHEREAS, the current fine system is diminimis and does not create the necessary punishment to stop the illegal activity; and WHEREAS, the last time this Section of the City was updated was in 1986; and WHEREAS, it is in the health, safety and welfare interests of the residents of the City of Miami that the fine amount be raised; 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 Ordinar ge are adopted by reference and incorporated as if fully set forth in this Section. -r." c.— Section 2. Chapter 38/Article II of the City Code is further amended ink fol evwing "CHAPTER 38 particulars:' PARKS AND RECREATION ru -0 co CI i 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 12127 L Page 1 of 3 File ID: 12927 (Revision: D) Printed On: 7/21/2023 islal) on-sys�2 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. File ID: 12927 Enactment Plumber: 14137 * * * Oz m Z O Z L ARTICLE V. USE REGULATIONS D u I- ¢ o Sec. 38-57. Domestic animals in parks. m z H 0'-- Subject to the following exceptions, no person having the control or care of a domestic animal Q a o shall cause or permit such animal to enter or remain in a public park. Any person violating this IA M section shall be fined W for each such violation, a W as follows: g m uj = U Q F- (1) First Offense: $50.00 0 0 i3 a (2) Second Offense: $250.00 H 2 W (3) Third and Subsequent Offense: $500.00 x 0 v This subsection shall be enforceable pursuant to Section 38-48 as well as Chapter 2, Article X of the City Code. The above prohibition shall not apply to a dog if: (1) The dog is only allowed within such areas as have been designated or approved by the department of parks and recreation: or (2) The dog is kept securely fastened to a leash strong enough to prevent its running free of the leash. Section 3. 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 4. This Ordinance shall become effective immediately upon final reading and adoption thereof.2 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 Page 2 of 3 File ID: 12927 (Revision: D) Printed on: 7/21/2023 Ale ID: 12927 Enactment Number 14137 APPROVED AS TO FORM AND CORRECTNESS: ;la dez, y ttor 11/7/2022 d1S ez, pity Attor " 1'( G rri 7.4 r rn N w m rn THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. City of Miami Page 3 of 3 File ID: 12927 (Revision: D) Printed on: 7212023 City of Miami Ordinance 14137 Legislation File Number: 12927 City Hall 3500 Pan American Drive Miami, FL 33133 www. miami ''. v.com Final Action Da -' 1/26/2023 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND! 38/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLO AMENDED ("CITY CODE"), TITLED "PARKS AND RECREA REGULATIONS"; MORE PARTICULARLY BY AMENDING THE CITY CODE, TITLED "DOMESTIC ANIMALS IN PA FINE FOR ALLOWING DOGS OFF THEIR LEASH TO SEVERABILITY CLAUSE; AND PROVIDING FOR A DATE. SPONSOR(S): Commissioner Joe Carollo CHAPTER A, AS N/USE CTION 38-57 OF S," TO RAISE THE 00.00; CONTAINING A MEDIATE EFFECTIVE WHEREAS, currently Section 38-57 of the Code the City of Miami, Florida, as amended ("City Code"), titled "Domestic animals in pa s," only provides for a $10.00 to $50.00 fine for allowing dogs to be in a public park without ., eash; and WHEREAS, in many public parks, unle. ' hed dogs have created a problem among walkers and runners and also due to distan from their owners created a situation where their fecal matter is not removed; and WHEREAS, the current fine sy -m is diminimis and does not create the necessary punishment to stop the illegal activit and WHEREAS, the last time is Section of the City was updated was in 1986; and WHEREAS, it is in the ealth, safety and welfare interests of the residents of the City of Miami that the fine ount be raised; NOW, THEREFe ' E, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. adopted by refe Sect 2. particular he recitals and findings contained in the Preamble to this Ordinance are nce and incorporated as if fully set forth in this Section. �g Chapter 38/Article II of the City Code is further amended in tlVllovcg� t;l "CHAPTER 38 PARKS AND RECREATION -< N.)rri CI 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 Page 1 of 3 File ID: 12927 (Revision: C) Printed On: 2/7/2023 SUBSTITUTED File ID: 12927 ARTICLE V. USE REGULATIONS Sec. 38-57. Domestic animals in parks. Subject to the following exceptions, no person having the control or c shall cause or permit such animal to enter or remain in a public park section shall be fined as follows: (1) First Offense: $50.00 (2) Second Offense: U50.00 (3) Third and Subsequent Offense: $500.00 Enactment Number. 14137 of a domestic animal ny person violating this for each such violations This subsection shall be enforceable pursuant to Sects38-48 as well as Cha.ter 2 Article X of the City Code. The above prohibition shall not apply to a dog if: (1) The dog is only allowed within suc reas as have been designated or approved by the department of parks and recreation; or (2) The dog is kept securely fast ed to a leash strong enough to prevent its running free of the leash. * * *n Section 3. If any secti, , part of a section, paragraph, clause, phrase, or word of this Ordinance is declared inval the remaining provisions of this Ordinance shall not be affected. Section 4. This i rdinance shall become effective immediately upon final re ding and adoption thereof.2 -'ri r-- -U w 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 Page 2 of 3 File ID: 12927 (Revision: C) Printed on: 2/7/2023 File ID: 12927 Enactment Number: 14137 APPROVED AS TO FORM AND CORRECTNESS: ria c(FIS1 y ttor — • ca:lery ttor C.A.) SUBSTITUTED City of Miami Page 3 of 3 File ID: 12927 (Revision: C) Printed on: 2/7/2023