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Ordinance 93-2844ORDINANCE NO. 93-2844 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 25, ENTITLED "OFFENSES -MISCELLANEOUS" BY AMENDING SECTION 25-95, ENTITLED "SAME - THROWING ON STREETS, BODIES OF WATER, PUBLIC AND PRIVATE LANDS, ETC; POSSESSION OF GLASS OR METAL CONTAINERS ON BEACHES UNLAWFUL" TO PROHIBIT THE THROWING OF GARBAGE, TRASH, TREE OR GRASS CUTTINGS, OR OTHER OBJECTS OR SUBSTANCES INTO GUTTERS, DRAINS OR SEWERS AND TO REQUIRE ALL RESTAURANTS WITH TAKE OUT SERVICE TO MAINTAIN GARBAGE CONTAINERS IN APPROVED LOCATIONS NEAR THEIR PREMISES; REPEALING CURRENT SECTION 25-96 WHICH CONTAINS SAID PROHIBITION AND RENUMBERING CURRENT SECTION 25-96.1 PERTAINING TO DEAD TREES AS 25-96; PROVIDING FOR A REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. AMENDMENT OF SECTION 25-95. That Section 25-95 of Miami Beach City Code Chapter 25, entitled "Offenses -Miscellaneous" is hereby amended to read as follows: Sec. 25-95. Same --Throwing litter on streets, bodies of water, public and private lands, etc; possession of glass or metal containers on beaches unlawful ; sweeping or throwing litter in gutters, etc; garbage containers required for take out restaurants; civil fines for violation. (a) 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 such litter will not cause a public nuisance or be in violation of any other state or local laws, rules or regulations. (b) It shall be unlawful for any person to carry onto any beach within the city a glass bottle or other glass container or metal container. Sco. 25-96. Same - Throwing into gutters, eta. (c) It shall be unlawful for any person to sweep, cast or throw, or cause to be cast or thrown, into any of the gutters, drains or sewers within the city any garbage, trash, tree or grass cuttings or other objects or substances. jj All restaurants with take out service shall have up to four (4) garbage containers, as need requires, based on the determination of the City Manager or his/her designee. The containers shall be located in front of and within fifty feet in each direction of the premises at locations approved by the City Manager or his/her designee. Said containers shall be kept in clean and sanitary condition at all times and shall be emptied daily or more frequently if necessary to prevent overflowing. The garbage containers required by this section are in addition to those required by Section 14A of this code. Lel The following civil fines shall be imposed for violations of this section in accordance with the procedures listed in Section 25-126: First citation Second citation Third citation $50 fine $100 fine $500 fine SECTION 2. REPEAL OF SECTION 25-96. That Section 25-96 of Miami Beach City Code Chapter 25 entitled "Offenses --Miscellaneous" is hereby repealed. Sec. 25-96. Same -- Throwing into gutters, cto. It shall be unlawful for any person to cast or throw, or cause to be cast or thrown, into any of the gutters, drains or scwcro gutters, drains or sewers. (Code 1950, 8 22.78.) SECTION 3. RENUMBERING OF SECTION 25-96.1. 2 That Miami Beach City Code Section 25-96.1 is hereby renumbered as Section 25-96. SECTION 4. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 5. SEVERABILITY. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 6. EFFECTIVE DATE This ordinance shall take effect ten (10) days after its adoption, on May 1 , 1993. PASSED and ADOPTED this 21st day of April , 1993. ATTEST: CITY CLERK 1st reading 4/8/93 2nd reading 4/21/93 SWS:scf:disk4\litter.ord FORM APPROVED 1.:EDEPT. By 1� Date C?YS Y-1- f3 3 MAYOR CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. (;o3 -93 TO: Mayor Seymour Gelber and Members of the City Commission FROM: Roger M. Ca City Manager SUBJECT: DATE: April 21, 1993 REVISIONS TO MISCELLANEOUS OFFENSES --CHAPTER 25 OF THE CITY CODE REGARDING LITTER Administrative Recommendation The Administration recommends the adoption of this proposed amendment on second reading of Section 25-95 pertaining to litter. Analysis: Sect. 25-95(a) Sect. 25-95(b) Sect. 25-95(c) Sect. 25-95(d) Sect. 25-95(e) CONCLUSION prohibits any person to discard or deposit litter on any public highway, road, street, alley or any other public land, lake, stream or coastal waters except in a lawful container. prohibits glass bottles, glass or metal containers on any beach. prohibits the sweeping or throwing of trash into gutters, drains, and sewers within the City. requires all restaurants to provide up to four garbage containers approved by the City, said containers shall be maintained in a clean and sanitary condition and emptied daily. provides for civil fines in accordance with procedures under 25-126 of the City Code. The throwing of litter, trash, and debris on beaches, streets, public and private lands is prohibited. This proposal provides a method to maintain our streets, beaches, and sidewalks free of trash and debris and prescribes penalties for offenders. 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