Loading...
Ordinance 76-2064 ORDINANCE NO. 76-2064 AN ORDINANCE AMENDING CHAPTERS 2 AND 25 OF THE CODE OF THE CITY OF MIAMI BEACH AUTHORIZING THE DIRECTOR OF THE PARKS AND RECREATION DEPARTMENT TO DESIGNATE CERTAIN PARKS AND RECREATION DEPART- MENT EMPLOYEES AS LITTER ENFORCEMENT OFFICERS; PRESCRIBING THE TRAINING AND QUALIFICATIONS NECESSARY FOR SUCH EMPLOYEES; AND ADOPTING SECTION 403. 413, FLORIDA STATUTES, AS AN ORDINANCE OF THE CITY OF MIAMI BEACH; AND REPEALING EXISTING SECTION 25-95 OF THE CODE OF THE CITY OF MIAMI BEACH AND ADOPTING A NEW SECTION 25-95. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1 . That Chapter 2 of the Code of the City of Miami Beach, Florida, be and the same is hereby amended by adding a new section thereto to be nurpbered and to read as follows: "Section 2-12.1. Pursuant to the provisions of Section 403. 413, Florida Statutes , also known as the Florida Litter Law, the City Director of Parks and Recreation is hereby authorized to designate and appoint such employees of the Department of Parks and Recreation as he deems advisable as Litter Enforcement Officers of the City, solely for the purposes of enforcing Section 403. 413, Florida Statutes , also known as the Florida Litter Law, and Section 25-95 of the Code of the City of Miami Beach. Such employees as are designated and appointed as Litter Enforcement Officers by the Director of Parks and Recreation shall have the following qualifications: (a) They shall have attended a course of at least five (5) days' duration on the duties of Litter Enforcement Officers jointly given or approved by the Dade County Directors of the Departments of Public Safety and Parks and Recreation.. (b) They shall be personally approved and certified by the Dade County Director of Public Safety as persons of good moral character and standing in the community, and suited by temperament and learning to be Litter Enforcement Officers of the City. " SECTION 2 . That existing Section 25-95 of the Code of the City of Miami Beach, Florida, be and the same is hereby repealed, and a new Section 25-95 is hereby adopted to read OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE ,e MIAMI BEACH, FLORIDA 33139 • as follows: "Section 25-95 . It shall be unlawful for any person to throw, discard, place, or deposit litter in any manner or amount whatsoever in or on any public highway, road, street, alley, thoroughfare, or any other public lands, except in containers or areas lawfully provided therefor. It shall be unlawful for any person to throw, discard, place, or deposit any garbage, cans, bottles or containers in or on any fresh water lakes, rivers, streams, or tidal or coastal waters within the City. In addition, it shall be unlawful for any person to throw, discard, place, or deposit litter in any manner or amount whatsoever on any private property, unless prior consent of the owner has been given and unless said litter will not cause a public nuisance or be in violation of any other state or local laws, ruls , or regulations . " SECTION 3. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4 . That this ordinance shall go into effect immediately upon passage and posting as required by law. PASSED and ADOPTED this 3rd day of ✓ June , 1976 . Mayor Attest: City Clerk 1st Reading - May 5, 1976 2nd Reading - June 3, 1976 (The adoption of the foregoing Ordinance was moved by Councilman Philip Sahl. ) - 2 - OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE MIAMI BEACH, FLORIDA 33139 • 7 EXCERPT, FLORIDA STATUTES SEC. 403.413 Florida Litter Law 403.413 Florida Litter Law.— (1) SHORT TITLE.—This section shall be known as and may be cited as the "Florida Litter Law of 1971." (2) DEFINITIONS.—As used in this section: (a) "Litter" means any garbage, rubbish, cans, bottles, containers, trash, refuse, and papers. (b) "Person" means any individual, firm, corpo- ration, or unincorporated association. (c) "Law enforcement officer"means any officer of the Florida Highway Patrol, county sheriffs' de- partments, municipal law enforcement depart- ments, law enforcement departments of any other political subdivision, Department of Natural Re-<< sources, and Game and Fresh Water Fish Commis sion. In addition,and solely for the purposes of this section, "law enforcement officer" means any em- ployee of a county or municipal park or recreation# department designated by the department head as al litter enforcement officer. (3) RESPONSIBILITY OF BOARD OF COUNTY COMMISSIONERS.—The Board of County Commis-- sioners shall determine the training and qualifica- tions of any employee of the county or municipal park or recreation department designated to enforce. • the provisions of this section if the designated em- ployee is not a regular law enforcement officer. (4) ACTS PROHIBITED.—It shah be unlawful for any person to throw, discard, place, or deposit, litter in any manner or amount whatsoever in or on. any public highway, road, street, alley, thorough- fare,or any other public lands,except in containers, or areas lawfully provided therefor. It shall be un- lawful for any person to throw, discard, place, or deposit any garbage,cans,bottles or containers in or on any freshwater lakes, rivers, streams,or tidal ort coastal waters of the state. In addition, it shall be unlawful for any person to throw, discard, place, or deposit litter in any manner or amount whatsoever on any private property, unless prior consent of the owner has been given and unless said litter will not cause a public nuisance or be in violation of any other state or local laws, rules, or regulations. (5) PENALTIES; ENFORCEMENT.- (a) Any person violating any of the provisions of this section shall be guilty of a misdemeanor of the second degree,punishable as provided in ss.775.082 and 775.083. (b) It shall be the duty of all law enforcement )dicers, as defined herein, to enforce the provisions of.this section. History.—ss.1-4A,ch.71-239;s.1,ch.75-266. f �t. L a) I (1) 4-) L 4J .IJ O (0•- t C J 4-) al M •- VI 10 u, (0 a) .'- U) -1 a) a) �O 'O 0 a) O 04-) > N U 0 1 L.- J•S) m 0 d Z U U a) a) C7- O L • V) - Z l(1•- 4-+ L N a Ll (L) O W • (1) U 'p UM •- C a) q_ < (0 CC v) 4- Z - O t - N ,5 t M • .0 • 4.J N4- C O CL 0 a) (0 L E .c c a) Ute•— U co• L "0 (7' N 0 C C L 4- a) C E N U LU