FR.4 - AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 6, ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ANIMALS / ENFORCEMENT," TO UPDATE THE CITY OF MIAMI'S ANIMAL CRUELTY ENFORCEMENT PROVISIONS; ESTABLISHING ENHANCED CIVIL PENALTIES FOR SPECIFIED VIOLATIONS; AUTHORIZING ENFORCEMENT BY ANIMAL CONTROL OFFICERS AS PROVIDED BY LAW; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
October 22, 2026
Sponsors
Commissioner Damian Pardo (D2)
Department: Commissioners and Mayor
Category: Elected Official Item
WHEREAS, pursuant to HB 559 (2026), the Florida Legislature recently increased the allowable civil penalties for animal cruelty and animal control violations under Section 828.27, Florida Statutes; and
WHEREAS, Section 6-5 of the Code of the City of Miami, Florida, as amended ("City Code"), addresses acts of animal cruelty within the City of Miami ("City") and incorporates Chapter 828, Florida Statutes, including all amendments thereto; and
WHEREAS, any person found in violation of Section 6-5 of the City Code, as well as other applicable provisions of Chapter 6, is subject to enforcement pursuant to Chapter 6, Article III of the City Code; and
WHEREAS, the current penalty structure set forth in Chapter 6, Article III of the City Code establishes fines ranging from Fifty and 00/100 Dollars ($50.00) to Five Hundred and 00/100 Dollars ($500.00) for animal-related violations, except where otherwise provided by law; and
WHEREAS, during its most recent legislative session, the Florida Legislature amended Section 828.27(2), Florida Statutes, to authorize municipalities to impose civil penalties of up to Two Thousand, Five Hundred and 00/100 Dollars ($2,500.00) for a first violation, Five Thousand and 00/100 Dollars ($5,000.00) for a second violation, and Seven Thousand, Five Hundred and 00/100 Dollars ($7,500.00) for a third or subsequent violation involving animal cruelty or animal control offenses; and
WHEREAS, the City has observed an increase in incidents involving animal cruelty and the use of animals in aggressive or unlawful activities within the community; and
WHEREAS, state law authorizes the enforcement of animal cruelty and animal control ordinances by qualified animal control officers and other authorized personnel who have completed the training prescribed by law; and
WHEREAS, the City Commission finds that strengthening the City's penalty provisions for animal cruelty offenses is in the best interests of the residents and visitors of the City and demonstrates the City's commitment to protecting domesticated pets and other animals from abuse, neglect, and mistreatment;
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 III of the City Code is further amended in the following particulars:
“CHAPTER 6
ANIMALS
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ARTICLE III. ENFORCEMENT
Sec. 6-71. - Citation system for animal control.
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(b)Any person violating any of the provisions of this chaptershall be deemed guilty of a civil infraction. During a one-year period, each violation of this chapter shall constitute a separate offense. Violations of this chapter shall be enforced as follows:
For all violations other than Section 6-5, 6-40, 6-41 and 6-44:
(1)For the first violation, by a civil penalty of $1500.00, if the person who has committed the civil infraction does not contest the citation.
(2)For the first violation, by a civil penalty of $100.00, if the person who has committed the civil infraction does contest the citation and is found to have committed the violation.
(32)For the second violation, by a civil penalty of $2050.00, if the person who has committed the civil infraction does not contest the citation.
(4)For the second violation, by a civil penalty of $300.00, if the person who has committed the civil infraction does contest the citation and is found to have committed the violation.
(53)For the third violation and each additional violation thereafter, by a civil penalty of $4500.00, if the person who has committed the civil infraction does not contest the citation.
(4)All violations of Section 6-5, 6-40, 6-41, 6-42, 6-44, shall be as follows:
i. $2,500.00 for a first violation;
ii.$5,000.00 for a second violation; and
iii.$7,500.00 for any third or subsequent violations.
The above fine shall be enforced per occurrence, per animal.
(6)For the third violation and each additional violation thereafter, by a civil penalty of $500.00, if the person who has committed the civil infraction does contest the citation and is found to have committed the violation.
(7)Any person who fails to pay the appropriate civil penalty within the time provided on the citation or who fails to appear in county court to contest the citation, shall be deemed to have waived his/her right to contest the citation and judgment may be entered against the person for an amount not to exceed $500.00.
(c)Citations shall only be issued by City personnel authorized by Statute, County Code or City Code. Authorized personnel are:
(1)Sworn Law Enforcement Officers as defined in Section 943.10, Florida Statutes; and
(2)Any Animal Control Officer as defined in Section 828.27(1)(b), Florida Statutes, to wit: a person is not authorized to bear arms or make arrests; however, such officer may carry a device to chemically subdue and tranquilize an animal, provided that such officer has successfully completed a minimum of 16 hours of training in marksmanship, equipment handling, safety and animal care, and can demonstrate proficiency in chemical immobilization of animals in accordance with guidelines prescribed in the Chemical Immobilization Operational Guide of the American Humane Association.
(cd)An officer may issue a citation if he/she has probable cause to believe that a person has committed an act in violation of a section in this chapter.
(de)Any person who has been issued a citation for committing an act in violation of a section of this chapter may contest the citation in the county courtas provided for in the issued citation, which will be either through the City’s administrative appeal system or the County’s civil citation system or County Court.
(e)Any person who willfully refuses to sign and accept a citation issued by an officer shall be guilty of a misdemeanor of the second degree, punishable as provided by F.S. § 775.082, 775.083, or 775.084.
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Section 4. Ifanysection,partof a section,paragraph,clause,phrase,orwordofthisOrdinance isdeclaredinvalid,theremainingprovisionsofthisOrdinanceshallnotbeaffected.
Section 5. ThisOrdinanceshallbecomeeffectiveimmediatelyuponfinalreadingandadoption thereof.
WHEREAS, Section 6-5 of the Code of the City of Miami, Florida, as amended ("City Code"), addresses acts of animal cruelty within the City of Miami ("City") and incorporates Chapter 828, Florida Statutes, including all amendments thereto; and
WHEREAS, any person found in violation of Section 6-5 of the City Code, as well as other applicable provisions of Chapter 6, is subject to enforcement pursuant to Chapter 6, Article III of the City Code; and
WHEREAS, the current penalty structure set forth in Chapter 6, Article III of the City Code establishes fines ranging from Fifty and 00/100 Dollars ($50.00) to Five Hundred and 00/100 Dollars ($500.00) for animal-related violations, except where otherwise provided by law; and
WHEREAS, during its most recent legislative session, the Florida Legislature amended Section 828.27(2), Florida Statutes, to authorize municipalities to impose civil penalties of up to Two Thousand, Five Hundred and 00/100 Dollars ($2,500.00) for a first violation, Five Thousand and 00/100 Dollars ($5,000.00) for a second violation, and Seven Thousand, Five Hundred and 00/100 Dollars ($7,500.00) for a third or subsequent violation involving animal cruelty or animal control offenses; and
WHEREAS, the City has observed an increase in incidents involving animal cruelty and the use of animals in aggressive or unlawful activities within the community; and
WHEREAS, state law authorizes the enforcement of animal cruelty and animal control ordinances by qualified animal control officers and other authorized personnel who have completed the training prescribed by law; and
WHEREAS, the City Commission finds that strengthening the City's penalty provisions for animal cruelty offenses is in the best interests of the residents and visitors of the City and demonstrates the City's commitment to protecting domesticated pets and other animals from abuse, neglect, and mistreatment;
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 III of the City Code is further amended in the following particulars:
“CHAPTER 6
ANIMALS
\*\*\*
ARTICLE III. ENFORCEMENT
Sec. 6-71. - Citation system for animal control.
\*\*\*
(b)Any person violating any of the provisions of this chaptershall be deemed guilty of a civil infraction. During a one-year period, each violation of this chapter shall constitute a separate offense. Violations of this chapter shall be enforced as follows:
For all violations other than Section 6-5, 6-40, 6-41 and 6-44:
(1)For the first violation, by a civil penalty of $1500.00, if the person who has committed the civil infraction does not contest the citation.
(2)For the first violation, by a civil penalty of $100.00, if the person who has committed the civil infraction does contest the citation and is found to have committed the violation.
(32)For the second violation, by a civil penalty of $2050.00, if the person who has committed the civil infraction does not contest the citation.
(4)For the second violation, by a civil penalty of $300.00, if the person who has committed the civil infraction does contest the citation and is found to have committed the violation.
(53)For the third violation and each additional violation thereafter, by a civil penalty of $4500.00, if the person who has committed the civil infraction does not contest the citation.
(4)All violations of Section 6-5, 6-40, 6-41, 6-42, 6-44, shall be as follows:
i. $2,500.00 for a first violation;
ii.$5,000.00 for a second violation; and
iii.$7,500.00 for any third or subsequent violations.
The above fine shall be enforced per occurrence, per animal.
(6)For the third violation and each additional violation thereafter, by a civil penalty of $500.00, if the person who has committed the civil infraction does contest the citation and is found to have committed the violation.
(7)Any person who fails to pay the appropriate civil penalty within the time provided on the citation or who fails to appear in county court to contest the citation, shall be deemed to have waived his/her right to contest the citation and judgment may be entered against the person for an amount not to exceed $500.00.
(c)Citations shall only be issued by City personnel authorized by Statute, County Code or City Code. Authorized personnel are:
(1)Sworn Law Enforcement Officers as defined in Section 943.10, Florida Statutes; and
(2)Any Animal Control Officer as defined in Section 828.27(1)(b), Florida Statutes, to wit: a person is not authorized to bear arms or make arrests; however, such officer may carry a device to chemically subdue and tranquilize an animal, provided that such officer has successfully completed a minimum of 16 hours of training in marksmanship, equipment handling, safety and animal care, and can demonstrate proficiency in chemical immobilization of animals in accordance with guidelines prescribed in the Chemical Immobilization Operational Guide of the American Humane Association.
(cd)An officer may issue a citation if he/she has probable cause to believe that a person has committed an act in violation of a section in this chapter.
(de)Any person who has been issued a citation for committing an act in violation of a section of this chapter may contest the citation in the county courtas provided for in the issued citation, which will be either through the City’s administrative appeal system or the County’s civil citation system or County Court.
(e)Any person who willfully refuses to sign and accept a citation issued by an officer shall be guilty of a misdemeanor of the second degree, punishable as provided by F.S. § 775.082, 775.083, or 775.084.
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Section 4. Ifanysection,partof a section,paragraph,clause,phrase,orwordofthisOrdinance isdeclaredinvalid,theremainingprovisionsofthisOrdinanceshallnotbeaffected.
Section 5. ThisOrdinanceshallbecomeeffectiveimmediatelyuponfinalreadingandadoption thereof.
Fiscal Impact
N/A