Ordinance 91-2728 ORDINANCE NO. 91-2728
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING MIAMI BEACH CITY CODE CHAPTER 25, ENTITLED
"OFFENSES-MISCELLANEOUS" BY ADDITION OF SECTION 25-95.1,
ENTITLED "DISCARDING OF LITTER FROM MOTOR VEHICLES-
PROHIBITED", PROVIDING DEFINITIONS, PROHIBITING THE
DISCARDING OF LITTER FROM MOTOR VEHICLES UPON PUBLIC
STREETS AND SIDEWALKS WITHIN THE CITY OF MIAMI BEACH,
PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY;
REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA:
Section 1.
That Miami Beach City Code Chapter 25, entitled "Offenses -
Miscellaneous" is hereby amended by addition of Section 25-95. 1,
entitled "Discarding of litter from motor vehicles-prohibited" to
read as follows:
Section 25-95. 1. Discarding of litter from motor
vehicles - prohibited.
(a) Definitions. The following words shall have
the following meanings when used in this
Section:
(1) Discard. To throw, dump, place, deposit or dispose
of.
(2) Litter. Any garbage, rubbish, trash, refuse, can,
bottle, box, container, paper, tobacco product,
tire, appliance, mechanical equipment or part,
building or construction material, tool, machinery,
wood, motor, equipment, sludge or substance in any
form resulting from domestic, industrial,
commercial or agricultural operations.
13) Motor vehicle. An automobile, motorcycle, truck,
trailer, semitrailer, truck tractor, or semitrailer
combination, or any other vehicle that is powered
by a motor.
(b) Discarding litter prohibited. Unless otherwise
authorized by law, it is unlawful for any person to
discard litter in any manner or amount from a motor
vehicle upon any public highway, roadway, street,
alley, thoroughfare or sidewalk, including any
portion of the right-of-way thereof, except in
containers or other areas lawfully provided
therefor.
(c) Penalties. Any person who discards litter from a
motor vehicle in violation of paragraph (b) of this
section shall be punished as provided in Section 1-
8 of the City Code.
Section 4. Severability.
If any section, sentence, clause or phrase of this Ordinance is
held invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way affect the validity
of the remaining portion of this Ordinance.
Section 3. Repealer.
That all Ordinances or parts of Ordinances in conflict herewith be
and the same are hereby repealed.
Section 5. Effective Date.
This Ordinance shall take effect ten days after its adoption on the
2nd day of February , 1991 .
PASSED and ADOPTED this 23rd day of January
1991 . ,
Pwa0,16910(4
VICE -MAYOR
ATTEST:
c_ • Y6,L.�
CITY CLERK
Requested by Vice Mayor Martin Shapiro.
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a: \litter.ord. FORM APPROVED
1st reading 12/19/90
2nd reading 1/23/91 LEGAL DEPT.
By
Date
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OFFICE OF THE CITY ATTORNEY
F L O R I D A
�-\M 9 EgCy
LAURENCE FEINGOLD '•,y�•':" P.O. BOX O
CITY ATTORNEY ��H 6,��- MIAMI BEACH, FLORIDA 33119-2032
TELEPHONE(305)673-7470
TELECOPY (305)673-7002
COMMISSION MEMORANDUM 452-9 d
DATE: DECEMBER 19, 1990
TO: Mayor Alex Daoud and
Members of the City Ilssion
FROM: Laurence Feingold
City Attorney
SUBJECT: ORDINANCE PROHIBITING THE DISCARDING OF LITTER FROM
VEHICLES UPON PUBLIC STREETS AND ROADWAYS IN MIAMI BEACH
At the request of Vice Mayor Martin Shapiro the City
Attorney's office has drafted an ordinance prohibiting persons
traveling upon streets within the City of Miami Beach from
discarding litter from motor vehicles onto the streets and
sidewalks.
This ordinance supplements the current Section 25-95 of the
City Code which prohibits the discarding of litter but does not
specify any prohibition regarding motor vehicles.
Although the "Florida Litter Law", Section 403 .413 , Florida
Statutes, prohibits the discarding of litter from motor vehicles,
the City cannot enforce the statute at the present time due to the
fact that the statutory penalty provides for a civil infraction and
the Dade County Court System has not yet established a procedure
for handling such cases. Since the Statute is supplementary and
does not preclude enforcement of municipal litter ordinances, this
ordinance which provides for the general criminal penalty for
violations of City ordinances (fine of up to $1, 000 and/or up to 90
days jailtime) will provide a valid means of immediate
enforcement. Enforcement will be by issuance of a notice to appear
in court by the police officer observing the violation.
LF/SWS/jcl
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