HomeMy WebLinkAboutOrdinance 2026-4814 ORDINANCE NO. 2026-4814
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE
MIAMI BEACH CITY CODE, ENTITLED "PUBLIC PROPERTY," BY
AMENDING ARTICLE III, ENTITLED "USE OF PUBLIC PROPERTY," BY
AMENDING DIVISION 1, ENTITLED "GENERALLY," BY AMENDING
SECTION 82-74 THEREOF, ENTITLED "PLASTIC-RELATED OR
METALLIZED DECORATIONS PROHIBITED AT PUBLIC MARINAS,
MARINE FACILITIES, PARKS, AND BEACHES," IN ORDER TO
CLARIFY APPLICABLE RESTRICTIONS ON THE POSSESSION AND
USE OF DECORATIONS IN OUTDOOR PUBLIC SETTINGS; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND
AN EFFECTIVE DATE.
WHEREAS, pursuant to Fla. Stat. 403.161 of Chapter 403, entitled "Environmental
Control," the State of Florida has prohibited any person from causing any pollution so as
to harm or injure human health or welfare, animal, plant or aquatic life or property; and
WHEREAS, the City of Miami Beach is committed to the preservation and
protection of its marine environment by restricting sources of harmful litter; and
WHEREAS, plastic-related decorative materials—including but not limited to
glitter, tinsel, plastic or metallized confetti, sequins, artificial/synthetic decorative flower
petals, and mylar streamers—are lightweight, easily dispersed by wind and water, and
frequently become litter on beaches, parks, and in waterways; and
WHEREAS, these materials are commonly composed of petroleum-based plastics
or metallized plastics that fragment into microplastics and nano plastics, which persist in
the environment for years and are impracticable to remove once dispersed; and
WHEREAS, public beaches, marinas, and marine facilities are high-risk vectors
for litter migration, as wind, tides, storm surge, and rainfall rapidly transport small
decorative plastics into coastal waters and stormwater systems; and
WHEREAS, the City acknowledges the potential risk of plastic-related decorative
materials causing environmental pollution, obstructing waterways, and compromising the
aesthetic appeal of the marinas, marine facilities, and the waterways (including Biscayne
Bay); and
WHEREAS, the City's beaches and nearshore habitats support sensitive and
protected species, including nesting sea turtles and shorebirds, that are threatened by
pollution from plastic-related decorative materials; and
WHEREAS, microplastics and fragments from such decorations are often ingested
by fish, seabirds, sea turtles, and other wildlife, leading to malnutrition, internal injury, and
increased mortality, and may also entangle marine life and shorebirds; and
WHEREAS, reusable and non-plastic decoration alternatives, such as reusable or
rental decor; decorations made of natural fiber or paper-based materials; and
compostable items designed for outdoor use are more sustainable, readily available, and
suitable for celebrations on public property; and
WHEREAS, the City recognizes the importance of fostering public awareness of
the detrimental effects of plastic-related decor use in public areas and endeavors to
encourage responsible practices; and
WHEREAS, on January 31, 2024, the Mayor and City Commission adopted
Ordinance No. 2024-4590 prohibiting the use or possession of balloons at public marinas,
beaches, marine facilities, or parks to prevent environmental pollution, avert the
unnecessary obstruction of waterways, and avoid denigrating the aesthetics of the
waterways and its marinas, marine facilities, parks, and beaches; and
WHEREAS, on September 17, 2025, the Mayor and City Commission adopted
Ordinance No. 2025-4774, amending Article III of Chapter 82 of the City Code, entitled
"Use of Public Property," to prohibit the use or possession of plastic-related or metallized
decorations in certain outdoor public facilities to deter harmful littering and protect marine
ecosystems; and
WHEREAS, the Mayor and City Commission wish to further amend Article III of
Chapter 82 of the City Code to permit the use or possession of certain sustainable and
reusable or non-consumable decorative materials in outdoor public spaces.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 82-74 of the City Code is hereby amended as follows:
CHAPTER 82
PUBLIC PROPERTY
* * *
ARTICLE III. USE OF PUBLIC PROPERTY
� � *
DIVISION 1. GENERALLY
� * *
Sec. 82-74. Certain o��c*�^_re��*e,� ^r �,e*�":�e,� decorations prohibited at public
marinas, marine facilities, parks, and beaches.
(a) Purpose. This section is enacted to protect the marine environment, wildlife,
aesthetics, and public safety by prohibiting the possession or use of certain
unsustainable or consumable, plastic-related or metallized decoration items at all
public marinas, public marine facilities, and public parks and beaches in the city.
(b) Definitions. The following words, terms, and phrases, when used in this section, shall
have the meaning ascribed to them in this section, except where the context clearly
indicates a different meaning:
Consumable means(of a product, qood, or item) able or intended to be fully or quickly
used and then replaced or discarded, without beinq reused or salvaqed.
Decoration item means any decorative material, product, or article desiqned or used
for celebration, display, or ornamentation.
Marina means any installation which provides any accommodations or facilities for
watercraft, including mooring, docking, storing, leasing, sale, rental, or servicing of
watercraft, located in the waters of the city.
Marine facility means any device, structure, building or component of a marina.
Prohibited decoration item means any ^'P,�;�el���'� ^-�-Tne#,�;TT�ed�es^r��
, , , , ,
consumable decoration item made of plastic-related or metallized material, including but
not limited to glitter, confetti, sequins, tinsel, mylar streamers, artificial decorative petals,
metallic garlands, plastic or metallized table scatter, plastic decorative cut-outs, plastic or
metallized party poppers or cannons, and similar items that are likely to fragment or
disperse in outdoor environments. T"o +orm �h��� ,,,,+ ,.,,.�,„�o ro„��h�o rlon�ro�i�no ,�,�,�o
, ,
, , , �
Public property means all public marinas, public marine facilities, public parks, and
beaches in the city.
Sustainable decoration item means:
(1) any decoration item made exclusively of natural fibers (such as cotton, iute,
hemp, or untreated wood) or uncoated paper products that do not contain plastic,
plastic coatinqs, metallized films, or qlitter; or
�2) any non-consumable decoration item, includinq one made of or containinq
plastic-related or metallized material, that is capable of beinq used repeatedly without
any fraqmentation or dispersal of its constituent parts, or without needinq to be
discarded or destroyed after use.
(c) Prohibitions.
(1) No person or entity shall possess or use any prohibited decoration item at
any , ' , , public property.
(2) No person or entity shall use any sustainable decoration item in such a
manner as to cause, at any public property, the fraqmentation or dispersal of the
decoration item's constituent parts; or the sweepinq, castinq or throwinq, discardinq,
depositinq, or abandoninq of the decoration item or any part of the decoration item
in the outdoor environment after use, such that it becomes litter as defined in chapter
46, article III of this code, exceqt in containers or areas lawfully provided for the
disposal of litter.
(d) Enforcement and penalties.
* * *
(2) Written warnings. Unless a written warning has been previously issued to
the violator in the preceding 12 months, a code inspector may, in lieu of issuing a
notice of violation, first issue a written warning to the violator to cease the violation
by�e�:
a. Immediately collecting, securing, and disposing of all prohibited
decoration itemsl and any dispersed fragments or debris belonqinq thereto,
being possessed or used on the p�e#i�ed public property in a container or area
lawfully provided for the disposal of litter �^ ���r�nri�+o �roch ro/+or�4n�.lo���
b. Immediately removing from the public property all prohibited
decoration items, and anv dispersed fraqments or debris belonqinq thereto
being possessed or used on the �i�ed public property
, , , ��
c. Immediatelv removinq, collectinq securinq and/or disposinq of all
sustainable decoration items, and any fraqments or debris belonqinq thereto
such that no sustainable decoration items or anv fraqments or debris belonqinq
thereto remain at the public property after use except in a container or area
lawfully provided for the disposal of litter.
* * *
(3) A violator who has been served with a notice of violation must elect to either:
a. Pay the following civil fine:
1. First violation by a person or entity within a 12-month period
shall be a civil fine of$250.00
2. Second violation by a person or entity within a 12-month period
shall be a civil fine of $500;
3. Third or subsequent violation by a person or entity within a 12-
month period shall be a civil fine of $1 ,000.00, to a maximum
total fine of $5,000.00.
4. Any civil fine levied for a violation of subsection (c)(1) or (c)(2)
shall be seqarate from, and in addition to, any applicable
violation of chapter 46, article III of this code, entitled "Litter."
* � ,�
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and
it is hereby ordained that the provisions of this Ordinance shall become and be made part
of the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be
renumbered or re-lettered to accomplish such intention, and the word "ordinance" may
be changed to "section," article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the �day of /��Q , 2026.
PASSED AND ADOPTED this o?� day of �pfl ' , 2026.
ATTEST:
.
�� APR 2 8 2026 v n M i n r M r
Ste e e e , ay�
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Alex J. Fernandez)
APPROVED AS TO
FORM AND LANGUAGE
& FOR XECUTION
/0 1 z,�2,FyZj
City torney �kA(�., Date
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Ordinances - R5 N
MIAMIBEA� H
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: April 22, 2026 10:15 a.m. Second Reading Public Hearing
TITLE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE MIAMI BEACH CITY
CODE, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE III, ENTITLED
"USE OF PUBLIC PROPERTY," BY AMENDING DIVISION 1, ENTITLED
"GENERALLY," BY AMENDING SECTION 82-74 THEREOF, ENTITLED "PLASTIC-
RELATED OR METALLIZED DECORATIONS PROHIBITED AT PUBLIC MARINAS,
MARINE FACILITIES, PARKS, AND BEACHES," IN ORDER TO CLARIFY
APPLICABLE RESTRICTIONS ON THE POSSESSION AND USE OF
DECORATIONS IN OUTDOOR PUBLIC SETTINGS; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
BACKGROUND/HISTORY
The attached Ordinance was prepared at the request of Commissioner Alex J. Fernandez.
The City has been consistent in its commitment to protect its marine environment and wildlife.
Items such as glitter, tinsel, plastic or metallized confetti, sequins, synthetic flower petals, and
mylar streamers are lightweight, easily dispersed, and often become litter on beaches, public
parks, and other public property and waterways. These materials break down into microplastics
that persist for years, harm marine life, and are nearly impossible to remove.
Public beaches, parks, marinas, and marine facilities are especially vulnerable to this pollution,
which threatens sensitive species like nesting sea turtles and shorebirds. Non-plastic alternatives,
such as reusable decor, natural fibers, and compostable materials, are readily available.
On September 17, 2025, the Mayor and City Commission adopted Ordinance No. 2025-4774,
amending Article III of Chapter 82 of the City Code, entitled "Use of Public Property," to prohibit
the use or possession of plastic-related or metallized decorations in certain outdoor public
facilities to deter harmful littering and protect marine ecosystems.
ANALYSIS
The attached ordinance is presented on first reading by the sponsor, Commissioner Alex J.
Fernandez, for the consideration of the Mayor and City Commission.
Certain decoration items made of natural materials or reusable, non-consumable plastic or
metallized material may not pose a hazard to the marine environment if they are removed from,
and do not scatter, fragment, or disperse in, public property during and after use. These
decoration items may therefore be permitted on public property, provided that they are used in a
sustainable manner and do not cause litter on public property.
The Proposed Ordinance amends Article III of Chapter 82 to create additional defined terms;
amend the definition of the term "prohibited decoration item" to mean any consumable plastic or
981 of 2461
metallized decoration item, rather than all plastic decoration items; define the term "sustainable
decoration item" to mean any decoration made of natural fibers or a non-consumable plastic or
metallized decoration item; prohibit the use of sustainabie decoration items in a manner that
causes them to fragment outdoors or become litter; provide for a written warning for a sustainable
decoration item offense; and clarify that penalties levied under this section are separate from, and
in addition to, any applicable littering offense under Article II of Chapter 46 of the City Code.
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate? Yes
No (FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on: 4/8/2026
See BIE at: https•//www miamibeachfl.clov/city-hall/citY-clerk/meetinq-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
Is this a "Residents Riqht to Know" item, Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
No No
Was this Aqenda Item initially requested bv a lobbvist which, as defined in Code Sec. 2-481,
includes a principal enqaged in lobbyinq? No
If so, specify the name of lobbyist(s) and principal(s):
Department
City Attorney
Sponsor(s)
Commissioner Alex Fernandez
Condensed Title
10:15 a.m. 2nd Rdg, Plastic Decorations Restrictions. (Fernandez) CA
Previous Action (For CitY Clerk Use Only
First Reading Public Hearing on 3/18/2026 - R5 L; Not reached on 2/25/2026 - R5 O; Not
reached on 2/5/2026 - R5 U; Not reached on 12/17/2025 - R5 W
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