At its September 11, 2019 meeting, the City Commission approved a referral to the Neighborhoods/Community Affairs Committee to discuss a motion made by the Animal Welfare Committee (AWC) at its June 18, 2019 meeting, regarding fumigation, animal welfare and concerns.

At this meeting, the AWC requested the City Commission to review the following two motions passed unanimously at their meeting:

MOTION 1

Asking that the City Commission consider legislation shifting responsibility in cases of animal deaths/ harm when fumigating from property owner to the fumigator.
•This proposal asks that the Commission consider citing violators of this ordinance under cruel confinement

•Amended under Chapter 10 of the City Code; and

•Implement fine structure per dead animal (eg. $ 250 per animal)

MOTION 2

Asking the City Commission to implement a registration and notification process for properties considering fumigation.

•Notification for tenants

•Registration/permitting for proper installation of a one-way door; and

•Consider a fine structure

These motions followed a discussion by the AWC which recounted fumigation instances where cats had died due to the improper care from contractors by not removing them from the premises.

At its February 3, 2020 meeting, the Neighborhoods and Quality of Life Committee further discussed fumigation concerns and animal endangerment and/or related deaths.  The City of Miami Beach City Code was discussed as it relates to the clause under Section 10-19. - Cruelty to Animals that protects animals from cruel or inhumane treatment and/or death, and fines per incident, Unfortunately, the enforcement of the Code typically occurs following the discovery and demise of trapped cats.

Animal Welfare Committee representatives spoke to the item, urging the Committee to implement one-way doors and see through coverings for the bottom of buildings in order to protect animals during fumigation.  A motion was made by the Committee to have Public Works explore alternate ways of communications between the City and the AWC, whenever a building fumigation takes place, so they may inspect the site prior to the fumigation and that way, ensure/prevent any pesticide related casualties.

With regards to installing the suggested "one-way door", the Florida Department of Agriculture and Consumer Services (FDACS) regulates and licenses the pest control industry under the authority of the Structural Pest Control Act, Chapter 482, Florida Statutes, and the associated rules, Chapter 5E-14, Florida Administrative Code. Accordingly, the City does not have the legal authority to require pest control companies to install the suggested “one-way door” as part of their business practices within the City.

The pesticides used as part of the fumigation of homes are inherently toxic and may cause health problems and/or damage to the environment if used in a manner inconsistent with the state mandated procedures. Interfering with such actions could have negative implications and open the City up to liability concerns.

Notwithstanding, the City may elect to require a property owner to notify the City prior to any fumigation by enacting an ordinance and/or ordinance amendment. However, it is important to consider the enforcement mechanisms of such requirement, which could place a significate burden on City permitting and enforcement departments and require additional staffing.  Presently, these departments are facing budget cuts which would reduce the likelihood that such an enactment could be accomplished and be successful presently.

Results from the 2019 Resident Survey related to the overall rating for the City of Miami Beach show that 63% of residents rated the quality of public engagement efforts as excellent/good. In order to continue maintaining excellent standards in this area, the City intends to improve the quality of life for animals by considering the concerns brought forward by the Animal Welfare Committee.