At its March 18, 2020 meeting, the City Commission approved a referral to the Neighborhood and Quality of Life Committee (NQLC) presented by Commissioner Gongora and Commissioner Samuelian to discuss the October 29, 2019 Animal Welfare Committee motions listed below:

1. MOTION: Urging that the Miami Beach Commission consider having an animal adoption event in City Hall and ask that the City work with the County and other affiliated groups on said event.

2. MOTION: Urging the City Commission to consider asking the Miami Beach Police Department to create an animal liaison position (or expanded duties) to handle issues ranging from dangerous animals to animal welfare.

3. MOTION: Urging the City Commission to allow Code Compliance personnel to accept video/ photographic evidence when enforcing issues concerning animal waste and off leash violations.

Motion No. 1, to have the City Commission consider an animal adoption event, is currently being placed on hold due to COVID-19 CDC guidelines with regards to limiting large crowds and social distancing. 

Motion No. 2, to have the Police Department create an animal liaison position is also on hold until the City lifts the hiring freeze due to the COVID-19 related revenue decline.  It is important to note, however, that an alternative option of finding qualified volunteers to fulfill these needs is underway.

The Code Compliance Department has reviewed motion No. 3 made by the Animal Welfare Committee, and based on City Code, offers the following:

• The rule of evidence standard has been established by the Special Master.  A Code Compliance Officer must witness violations of the Code before a violation can be written.  It has long been established that third party video and photographic evidence may only be utilized to bolster a case but not as prima facie evidence upon which to base a violation.  Our City Attorney’s Office has also opined that code violations must be witnessed by a Code Officer or City agent.  The basis for this reasoning by our Special Master and our City Attorney’s Office is that, it is very difficult to authenticate third party video and photographs (date, time, location taken) in order to use it as a basis for a violation.
• The City Ordinances that pertain to animal waste and off-leash violations are attached.  Moreover, Section 30—72 talks about rules of evidence and fundamental due process under the Special Master conduct of hearing provisions.
  
  

Results from the 2019 Resident Survey show that 79% of residents perception of the City with regards to quality of life as very satisfied, satisfied.  In order to continue maintaining excellent standards in this area, the City intends to continue receiving feedback from the AWFC for review and consideration.