FR.5 - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 6/ARTICLE II/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED, “ANIMALS / DOGS AND CATS / ENFORCEMENT”; TO PROVIDE FOR UPDATED FINES FOR THOSE WHO COMMIT VIOLATIONS OF THE CITY OF MIAMI’S ANIMAL WELFARE CHAPTER AND INCLUDE ADDITIONAL VIOLATIONS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
October 22, 2026
Sponsors
Commissioner Ralph "Rafael" Rosado (D4)
Department: Commissioners and Mayor
Category: Elected Official Item
WHEREAS, pursuant to HB 559(2026), the Florida Legislature, through amendments to Section 828.27(2), Florida Statutes, has increased the maximum civil penalties that counties and municipalities may impose for violations of local animal cruelty ordinances; and
WHEREAS, Section 6-5 of the Code of the City of Miami, Florida, as amended ("City Code"), prohibits acts of animal cruelty within the City of Miami ("City") and adopts by reference Chapter 828, Florida Statutes, including any amendments thereto; and
WHEREAS, violations of Section 6-5 of the City Code are enforced pursuant to Chapter 6, Article III of the City Code, which establishes civil penalties for violations of Chapter 6; and
WHEREAS, the current civil penalty schedule set forth in Chapter 6, Article III of the City Code provides for fines ranging from Fifty and 00/100 Dollars ($50.00) to Five Hundred and 00/100 Dollars ($500.00), which are applicable to animal-related violations generally and do not reflect the enhanced penalty now authorized by state law for animal cruelty offenses; and
WHEREAS, Section 828.27(2), Florida Statutes, now authorizes municipalities to impose civil penalties of up to Two Thousand, Five Hundred and 00/100 Dollars ($2,500.00) for a first animal cruelty 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; and
WHEREAS, the City Commission finds that amending Chapter 6 of the City Code to establish a separate and enhanced civil penalty structure for animal cruelty violations is necessary to align the City Code with state law and to strengthen the City's ability to deter and address acts of animal cruelty;
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 of the City Code is further amended in the following particulars:
“CHAPTER 6
ANIMALS
\*\*\*
ARTICLE II. DOGS AND CATS
\*\*\*
Sec. 6-40. Vicious dogs.
As provided for in Chapter 767, Florida Statutes, Iit shall be unlawful for any person to keep or harbor any dog which is mean or vicious. Upon the conviction of any person owning or harboring a mean or vicious dog, the county judge may order the proper agency to destroy such dog.
\*\*\*
Sec. 6-41. – Cruelty to dogs; penalties.
(a)It shall be unlawful for any person keeping, harboring or owning a dog to be cruel and inhumane to the animal. "Cruelty" and "inhumaneness" shall include all provisions as set forth in F.S. Ch. 828, and all amendments thereto, including unnecessarily beating or torturing or mutilating or cruelly killing or failing or neglecting to provide suitable food or drink in sufficient quantities, together with adequate shelter for such dog or leaving the dog exposed to the outside elements during a Severe Weather Advisory from the National Weather Service.
\*\*\*
Sec. 6-46. Sale or transfer of dogs and cats.
(a)No pet store shall offer for retail sale any dogs or cats in the city on or after the effective date of this section unless the pet store is exempt pursuant to subsection [6-46](https://library.municode.com/fl/miami/codes/code_of_ordinances?nodeId=PTIITHCO_CH6AN_ARTIIDOCA_S6-46SATRDOCA)(b).
(b)This Subsection (a) shall not apply to:
(1)A publicly operated animal control facility or animal shelter;
(2)A private, charitable, not for profit animal rescue organization;
(3)A publicly operated animal control agency or not for profit animal rescue organization that operates out of or in connection with, a pet store;
(4)A pet store that transitions into the sale of pets formerly from an animal shelter or a pet store that sells those pets acquired from an animal shelter or a locally regulated Miami-Dade County hobby breeder; or
(5)A hobby breeder.
(c)Certificate of source.
(1)A pet store shall post and maintain in a conspicuous place on or within three feet of each dog's or cat's kennel, cage, or enclosure a certificate of source of each dog or cat offered for retail sale and shall provide a copy of such certificate of source to the purchaser or transferee of any dog or cat offered for retail sale.
(2)Falsification of a certificate of source is hereby unlawful. A violation of this section shall be enforced pursuant to the provisions of [section 6-71](https://library.municode.com/fl/miami/codes/code_of_ordinances?nodeId=PTIITHCO_CH6AN_ARTIIIEN_S6-71CISYANCO) below.
(d)Nothing in this section shall prevent a pet store, pet store operator, or employees of a pet store from providing space and appropriate care for animals owned by a publicly operated animal control agency or animal rescue organization and maintained at the pet store for the purpose of adopting or selling those animals to the public.
(e)Any sale or transfer of a pet shall require the seller or transferer to check the Animal Abuse Registry maintained by the Florida Department of Law Enforcement pursuant to Section 828.12(7), Florida Statutes.
(f)No pet sales shall occur in a parking lot or other public place unless authorized by law.
(eg)Any person who violates this section shall be punished as provided in [section 6-71](https://library.municode.com/fl/miami/codes/code_of_ordinances?nodeId=PTIITHCO_CH6AN_ARTIIIEN_S6-71CISYANCO) of the City Code; [chapter 2](https://library.municode.com/fl/miami/codes/code_of_ordinances?nodeId=PTIITHCO_CH2AD), article X of the City Code; or any other remedy as provided by law.
Secs. 6-47—6-70. Reserved \- Dog(s) on Balcony Structures.
Dogs are prohibited from being left unattended on balcony structures as follows:
(a)For more than one (1) hour from the hours of 10:00 pm to 7:00 am.
(b)Without shade or water.
(c)During a severe National Weather Service Advisory.
Secs. 6-48 – 6-70. Reserved
\*\*\*
ARTICLE III. ENFORCEMENT
Sec. 6-71. Citation system for animal control.
\*\*\*
(b)Any person violating any of the provisions of this chapter shall be deemed guilty of a civil infraction. During a one-year period, eEach violation of this chapter shall constitute a separate offense, per day, per animal. For purposes of number of offenses, the City may look back five (5) years for past finding of guilt. Violations of this chapter shall be enforced as follows:
(1)For the first violation, by a civil penalty of $50.00, 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.
(3)For the second violation, by a civil penalty of $200.00, 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.
(5)For the third violation and each additional violation thereafter, by a civil penalty of $400.00, if the person who has committed the civil infraction does not contest the citation.
(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.
(1)For violations of Sections 6-5, 6-41, 6-42 and 6-47 as follows:
(i)For a first offense a fine of $2,000.00; if contested and found in violation or left unpaid after 30 days with no appeal, the fine shall be $2,500.00;
(ii)For a second offense a fine of $4,000.00; if contested and found in violation or left unpaid after 30 days withno appeal, the fine shall be $5,000.00;
(iii)For a third or subsequent offense a fine of $6,000.00; if contested and found in violation or left unpaid after 30 days with no appeal, the fine shall be $7,500.00.
(2)For violations of Sections 6-37, 6-39 and 6-40 as follows:
(i)For a first offense a fine of $500.00; if contested and found in violation or left unpaid after 30 days with no appeal, the fine shall be $1,000.00;
(ii)For a second offense a fine of $3,000.00; if contested and found in violation or left unpaid after 30 days with no appeal, the fine shall be $3,500.00;
(iii)For a third or subsequent offense a fine of $5,000.00; if contested and found in violation or left unpaid after 30 days with no appeal, the fine shall be $5,500.00.
(3)For all other violations of this Chapter as follows:
(i)For a first offense a fine of $50.00; if contested and found in violation or left unpaid after 30 days with no appeal, the fine shall be $100.00;
(ii)For a second offense a fine of $200.00; if contested and found in violation or left unpaid after 30 days with no appeal, the fine shall be $300.00;
(iii)For a third or subsequent offense a fine of $400.00; if contested and found in violation or left unpaid after 30 days with no appeal, the fine shall be $500.00.
(c)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.
(d)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.Exemption: A violation of this Chapter may be exempted for service animals kept in accordance with the requirements of the American with Disabilities Act and in keeping with Section 413.08, Florida Statutes.
\*\*\*”
Section 5. Ifanysection,partof a section,paragraph,clause,phrase,orwordofthisOrdinance isdeclaredinvalid,theremainingprovisionsofthisOrdinanceshallnotbeaffected.
Section 6. ThisOrdinanceshallbecomeeffectiveimmediatelyuponfinalreadingandadoption thereof.
WHEREAS, Section 6-5 of the Code of the City of Miami, Florida, as amended ("City Code"), prohibits acts of animal cruelty within the City of Miami ("City") and adopts by reference Chapter 828, Florida Statutes, including any amendments thereto; and
WHEREAS, violations of Section 6-5 of the City Code are enforced pursuant to Chapter 6, Article III of the City Code, which establishes civil penalties for violations of Chapter 6; and
WHEREAS, the current civil penalty schedule set forth in Chapter 6, Article III of the City Code provides for fines ranging from Fifty and 00/100 Dollars ($50.00) to Five Hundred and 00/100 Dollars ($500.00), which are applicable to animal-related violations generally and do not reflect the enhanced penalty now authorized by state law for animal cruelty offenses; and
WHEREAS, Section 828.27(2), Florida Statutes, now authorizes municipalities to impose civil penalties of up to Two Thousand, Five Hundred and 00/100 Dollars ($2,500.00) for a first animal cruelty 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; and
WHEREAS, the City Commission finds that amending Chapter 6 of the City Code to establish a separate and enhanced civil penalty structure for animal cruelty violations is necessary to align the City Code with state law and to strengthen the City's ability to deter and address acts of animal cruelty;
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 of the City Code is further amended in the following particulars:
“CHAPTER 6
ANIMALS
\*\*\*
ARTICLE II. DOGS AND CATS
\*\*\*
Sec. 6-40. Vicious dogs.
As provided for in Chapter 767, Florida Statutes, Iit shall be unlawful for any person to keep or harbor any dog which is mean or vicious. Upon the conviction of any person owning or harboring a mean or vicious dog, the county judge may order the proper agency to destroy such dog.
\*\*\*
Sec. 6-41. – Cruelty to dogs; penalties.
(a)It shall be unlawful for any person keeping, harboring or owning a dog to be cruel and inhumane to the animal. "Cruelty" and "inhumaneness" shall include all provisions as set forth in F.S. Ch. 828, and all amendments thereto, including unnecessarily beating or torturing or mutilating or cruelly killing or failing or neglecting to provide suitable food or drink in sufficient quantities, together with adequate shelter for such dog or leaving the dog exposed to the outside elements during a Severe Weather Advisory from the National Weather Service.
\*\*\*
Sec. 6-46. Sale or transfer of dogs and cats.
(a)No pet store shall offer for retail sale any dogs or cats in the city on or after the effective date of this section unless the pet store is exempt pursuant to subsection [6-46](https://library.municode.com/fl/miami/codes/code_of_ordinances?nodeId=PTIITHCO_CH6AN_ARTIIDOCA_S6-46SATRDOCA)(b).
(b)This Subsection (a) shall not apply to:
(1)A publicly operated animal control facility or animal shelter;
(2)A private, charitable, not for profit animal rescue organization;
(3)A publicly operated animal control agency or not for profit animal rescue organization that operates out of or in connection with, a pet store;
(4)A pet store that transitions into the sale of pets formerly from an animal shelter or a pet store that sells those pets acquired from an animal shelter or a locally regulated Miami-Dade County hobby breeder; or
(5)A hobby breeder.
(c)Certificate of source.
(1)A pet store shall post and maintain in a conspicuous place on or within three feet of each dog's or cat's kennel, cage, or enclosure a certificate of source of each dog or cat offered for retail sale and shall provide a copy of such certificate of source to the purchaser or transferee of any dog or cat offered for retail sale.
(2)Falsification of a certificate of source is hereby unlawful. A violation of this section shall be enforced pursuant to the provisions of [section 6-71](https://library.municode.com/fl/miami/codes/code_of_ordinances?nodeId=PTIITHCO_CH6AN_ARTIIIEN_S6-71CISYANCO) below.
(d)Nothing in this section shall prevent a pet store, pet store operator, or employees of a pet store from providing space and appropriate care for animals owned by a publicly operated animal control agency or animal rescue organization and maintained at the pet store for the purpose of adopting or selling those animals to the public.
(e)Any sale or transfer of a pet shall require the seller or transferer to check the Animal Abuse Registry maintained by the Florida Department of Law Enforcement pursuant to Section 828.12(7), Florida Statutes.
(f)No pet sales shall occur in a parking lot or other public place unless authorized by law.
(eg)Any person who violates this section shall be punished as provided in [section 6-71](https://library.municode.com/fl/miami/codes/code_of_ordinances?nodeId=PTIITHCO_CH6AN_ARTIIIEN_S6-71CISYANCO) of the City Code; [chapter 2](https://library.municode.com/fl/miami/codes/code_of_ordinances?nodeId=PTIITHCO_CH2AD), article X of the City Code; or any other remedy as provided by law.
Secs. 6-47—6-70. Reserved \- Dog(s) on Balcony Structures.
Dogs are prohibited from being left unattended on balcony structures as follows:
(a)For more than one (1) hour from the hours of 10:00 pm to 7:00 am.
(b)Without shade or water.
(c)During a severe National Weather Service Advisory.
Secs. 6-48 – 6-70. Reserved
\*\*\*
ARTICLE III. ENFORCEMENT
Sec. 6-71. Citation system for animal control.
\*\*\*
(b)Any person violating any of the provisions of this chapter shall be deemed guilty of a civil infraction. During a one-year period, eEach violation of this chapter shall constitute a separate offense, per day, per animal. For purposes of number of offenses, the City may look back five (5) years for past finding of guilt. Violations of this chapter shall be enforced as follows:
(1)For the first violation, by a civil penalty of $50.00, 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.
(3)For the second violation, by a civil penalty of $200.00, 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.
(5)For the third violation and each additional violation thereafter, by a civil penalty of $400.00, if the person who has committed the civil infraction does not contest the citation.
(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.
(1)For violations of Sections 6-5, 6-41, 6-42 and 6-47 as follows:
(i)For a first offense a fine of $2,000.00; if contested and found in violation or left unpaid after 30 days with no appeal, the fine shall be $2,500.00;
(ii)For a second offense a fine of $4,000.00; if contested and found in violation or left unpaid after 30 days withno appeal, the fine shall be $5,000.00;
(iii)For a third or subsequent offense a fine of $6,000.00; if contested and found in violation or left unpaid after 30 days with no appeal, the fine shall be $7,500.00.
(2)For violations of Sections 6-37, 6-39 and 6-40 as follows:
(i)For a first offense a fine of $500.00; if contested and found in violation or left unpaid after 30 days with no appeal, the fine shall be $1,000.00;
(ii)For a second offense a fine of $3,000.00; if contested and found in violation or left unpaid after 30 days with no appeal, the fine shall be $3,500.00;
(iii)For a third or subsequent offense a fine of $5,000.00; if contested and found in violation or left unpaid after 30 days with no appeal, the fine shall be $5,500.00.
(3)For all other violations of this Chapter as follows:
(i)For a first offense a fine of $50.00; if contested and found in violation or left unpaid after 30 days with no appeal, the fine shall be $100.00;
(ii)For a second offense a fine of $200.00; if contested and found in violation or left unpaid after 30 days with no appeal, the fine shall be $300.00;
(iii)For a third or subsequent offense a fine of $400.00; if contested and found in violation or left unpaid after 30 days with no appeal, the fine shall be $500.00.
(c)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.
(d)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.Exemption: A violation of this Chapter may be exempted for service animals kept in accordance with the requirements of the American with Disabilities Act and in keeping with Section 413.08, Florida Statutes.
\*\*\*”
Section 5. Ifanysection,partof a section,paragraph,clause,phrase,orwordofthisOrdinance isdeclaredinvalid,theremainingprovisionsofthisOrdinanceshallnotbeaffected.
Section 6. ThisOrdinanceshallbecomeeffectiveimmediatelyuponfinalreadingandadoption thereof.
Fiscal Impact
N/A