HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez, City Attorney
DATE: September 28, 2023
RE: Proposed amendment to Chapter 6 of the Code of the City of Miami,
Florida, as amended, for the City Commission Meeting on July 27, 2023.
File No. 14256
Chapter 6, Article I, Section 2 of the Code of the City of Miami, Florida, as
amended ("City Code"), titled "Animals/In General/Animals not to run at large;
Exceptions," is being amended to cross reference the Section with the recently updated
Section 38-57.
Attachment(s)
VM/RSGD
cc. Art Noriega, V, City Manager
Miriam M. Santana, Agenda Coordinator
Attachment(s)
14256 Scrivener's Error Memo
14256 Legislation -SUB
City of Miami File ID: 14256 (Revision: A) Printed On: 7/11/2025
City of Miami
Legislation
Ordinance
Enactment Number: 14206
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14256 Final Action Date:9/28/2023
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
6/ARTICLE I/SECTION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), TITLED "ANIMALS/IN GENERAL/ANIMALS NOT TO RUN
AT LARGE; EXCEPTIONS," TO AMEND THE SECTION TO BE COMPATIBLE WITH
OTHER SECTIONS OF THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE;
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, on January 26, 2023, Ordinance 14137 was adopted by the City of Miami,
Florida ("City") City Commission to amend Chapter 38 regarding leashing of pets in public
parks; and
WHEREAS, it is not the intention of the City that the leashing requirement provided for in
Chapter 38 of the City Code to be negated by Section 6-2(b) of the City Code which restricts
animals movement in public; and
WHEREAS, it is the intent of the City that domestic animals in parks be required to be
leashed so that all present may enjoy their experiences without hinderance; and
WHEREAS, this minor amendment is in the best interests and promotes the health,
safety and welfare of the residents of the City;
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 and incorporated as if fully set forth in this Section.
Section 2. Chapter 62 of the City Code is further amended in the follow particulars:1
"CHAPTER 6 / ARTICLE I
ANIMAL / IN GENERAL / ANIMALS NOT TO RUN AT LARGE; EXCEPTIONS
Sec. 6-2. - Animals not to run at large; exceptions.
(a) No animal kept, harbored, maintained or possessed by any person in the city shall be
permitted to run at large or to remain in or upon public or private property unless the animal is
under the actual or direct control of its keeper by a rope, chain, leash or suitable device, or is
kept within an enclosed area capable of preventing the animal from escaping therefrom. Any
person owning, possessing or having control or custody of any animal shall be held strictly
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: 14256 (Revision: A) Printed On: 7/11/2025
responsible for compliance with this section, and it shall be no defense to a prosecution under
this section that the defendant did not personally allow, permit or countenance the animal to run
at large or roam in the city.
(b) This section shall have no application to dogs and cats, except as limited by Section 38-
57.
*„
Section 3. If any section, part of 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 after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor
ey 7/11/2023
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: 14256 (Revision: A) Printed On: 7/11/2025