Ordinance 2018-4208ORDINANCE NO. 2018 -4208
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE
CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ENVIRONMENT,"
BY AMENDING ARTICLE III, ENTITLED "LITTER," BY AMENDING
DIVISION 1, ENTITLED "GENERALLY," BY AMENDING SECTION 46-
92 THEREOF, ENTITLED "LITTER; DEFINITIONS; PROHIBITIONS ON
LITTER; PENALTIES FOR LITTER AND COMMERCIAL HANDBILL
VIOLATIONS; COMMERCIAL HANDBILL REGULATIONS, FINES,
AND REBUTTABLE PRESUMPTIONS; SEIZURE AND REMOVAL OF
LITTER BY THE CITY; ENFORCEMENT; APPEALS; LIENS" TO
PROHIBIT ANY PERSON FROM CARRYING ANY SINGLE -USE
PLASTIC BEVERAGE STRAW OR SINGLE -USE PLASTIC STIRRER
ONTO ANY BEACH OR PARK WITHIN THE CITY, OR ONTO ANY
CITY MARINA, PIER, DOCK, OR BOAT RAMP; AMENDING CHAPTER
82 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED
"PUBLIC PROPERTY," BY AMENDING ARTICLE I, ENTITLED "IN
GENERAL," BY CREATING SECTION 82 -8 THEREOF, TO BE
ENTITLED "PROHIBITIONS REGARDING SALE OR USE OF SINGLE -
USE PLASTIC BEVERAGE STRAWS AND SINGLE -USE PLASTIC
STIRRERS BY CITY CONTRACTORS AND SPECIAL EVENT
PERMITTEES," TO PROHIBIT THE SALE, USE, PROVISION, AND
OFFERING OF SINGLE -USE PLASTIC BEVERAGE STRAWS AND
SINGLE -USE PLASTIC STIRRERS BY CITY CONTRACTORS AND
SPECIAL EVENT PERMITTEES IN CITY FACILITIES AND ON CITY
PROPERTY; AMENDING CHAPTER 82 OF THE CODE OF THE CITY
OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING
ARTICLE IV, ENTITLED "USES IN PUBLIC RIGHTS -OF- WAY," BY
AMENDING DIVISION 5, ENTITLED "SIDEWALK CAFES," BY
AMENDING SUBDIVISION II, ENTITLED "PERMIT," BY AMENDING
SECTION 82 -385 THEREOF, ENTITLED "MINIMUM STANDARDS,
CRITERIA, AND CONDITIONS FOR OPERATION OF SIDEWALK
CAFES," TO PROVIDE PROHIBITIONS REGARDING SINGLE -USE
PLASTIC BEVERAGE STRAWS AND SINGLE -USE PLASTIC
STIRRERS ON THE RIGHT -OF -WAY; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS, the City of Miami Beach ( "City ") declares that it is in the interest of the
public health, safety, and welfare of its residents and visitors to reduce litter and pollutants on
the land and in the waters of the City; and
WHEREAS, disposable food service articles, including single -use plastic beverage
straws and single -use plastic stirrers, constitute a portion of the litter in the City of Miami
Beach's streets, parks, public places, and waterways; and
WHEREAS, the City's goal is to reduce litter by reducing the use of and replacing single -
use plastic beverage straws and single -use plastic stirrers with reusable materials; and
WHEREAS, as an environmental leader among local governments in the State of
Florida, the City of Miami Beach, by virtue of this Ordinance, will prohibit the use of single -use
plastic beverage straws and single -use plastic stirrers by its contractors and special event
permittees in City facilities and on City property; will prohibit the use of single -use plastic
beverage straws and single -use plastic stirrers by sidewalk cafes on the public right -of -way;
and, will strengthen its litter laws by prohibiting single -use plastic beverage straws and single -
use plastic stirrers in City parks, beaches, marinas, piers, docks, and boat ramps; and
WHEREAS, this Ordinance will preserve and enhance the environment of the City of
Miami Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. Division 1 of Article III of Chapter 46 of the Code of the City Miami Beach is
hereby amended as follows:
CHAPTER 46
ENVIRONMENT
ARTICLE III. Litter
* * *
DIVISION 1. Generally
Sec. 46 -92. Litter; definitions; prohibitions on litter; penalties for litter and commercial
handbill violations; commercial handbill regulations, fines, and rebuttable presumptions;
seizure and removal of litter by the city; enforcement; appeals; liens.
(a) Definitions. The following words, terms and phrases, when used in this article, shall have
the meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
(2) Business means any commercial or industrial activity, entity, or event in or for which
any goods or services are made, sold or offered for sale or other consideration,
pecuniary or otherwise.
(5) Litter means any paper, handbill, commercial handbill, garbage, bottle caps, chewing
gum, tobacco products, including, but not limited to, used and unused cigarettes,
cigars, pipe or chewing tobacco, polystyrene or plastic products, or other waste,
including, but not limited to, tree, plant, and grass cuttings, leaves, or other yard
maintenance debris, that has been placed or deposited on a public sidewalk, street,
road, avenue, beach, swale, median, building, fence, wall, boardwalk, beachwalk,
baywalk, cutwalk, park, or in a gutter, drain, or sewer, or on any other public property,
right -of -way or place, or on any object located on public property, or on the kneewall,
window ledge or sill of any public or private building, or on a motor vehicle, or on any
other type of private real or personal property. Handbills and commercial handbills
attached to a trash receptacle, but not within the trash receptacle in the usual manner,
shall also be considered litter.
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(7) Person, benefactor, or owner include, within their respective meanings, either an
individual or an entity.
(8) Right -of -way means and includes, but is not limited to, any state, county, or city -owned
public street, sidewalk, street corner, curb, bicycle path, or pedestrian walkway.
(9) Polystyrene means a thermoplastic polymer comprised of at least 80 percent styrene
or para - methylstyrene by weight.
(10) Expanded polystyrene means blown polystyrene and expanded and extruded foams
that are thermoplastic petrochemical materials utilizing a styrene monomer and
processed by any number of techniques including, but not limited to, fusion of polymer
spheres (expandable bead foam), injection molding, foam molding, and extrusion -
blown molding (extruded foam polystyrene).
(11) Single -use plastic beverage straw means a tube, intended for only one -time use, that is
made predominantly of plastic derived from either petroleum or a biologically based
polymer, including polymers derived from corn or other plant sources, for transferring a
beverage from its container to the mouth of the drinker. Single -use plastic beverage
straw includes compostable and biodegradable petroleum or biologically based
polymer straws, but does not include straws that are made from non - plastic materials,
such as paper, sugar cane, bamboo, or other similar materials.
(12) Single -use plastic stirrer means a device that is used to mix beverages, intended for
only one -time use, and made predominantly of plastic derived from either petroleum or
a biologically based polymer, including polymers derived from corn or other plant
sources. Single -use plastic stirrer includes compostable and biodegradable petroleum
or biologically based polymer stirrers, but does not include stirrers that are made from
non - plastic materials, such as paper, sugar cane, bamboo, or other similar materials.
(b) Litter prohibited. It shall be unlawful for any person or benefactor to throw, discard, place or
deposit, or cause to be thrown, discarded, placed, or deposited, litter in any manner or
amount whatsoever in or on any public highway, sidewalk, road, street, alley, thoroughfare,
beach, park, baywalk, beachwalk, cutwalk, sidewalk cafe areas, or any other public place,
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
freshwater lakes, rivers, streams, canals, 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 real or personal property, including, but not
limited to, sidewalk cafe furniture and fixtures, 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.
(c) Prohibitions on beaches, marinas, piers, docks, boat ramps, and in parks. It shall be
unlawful for any person to carry onto any beach within the city a glass or metal bottle or
other glass or metal container. In addition, it shall be unlawful for any person to carry any
expanded polystyrene product single -use plastic beverage straw, or single -use plastic
stirrer onto any beach or park within the city, or onto any city marina, pier, dock, or boat
ramp, or for any business to provide single -use plastic beverage straws or single -use
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plastic stirrers with the service or delivery of any beverage to patrons on any beach within
the city.
al Exception. The provisions in subsection (c) that pertain to single -use plastic beverage
straws and single -use plastic stirrers shall not apply to a person or patron with a
disability or medical condition that impairs the consumption of beverages without a
single -use plastic beverage straw or single -use plastic stirrer.
Effective dates. Notwithstanding the above,
a. beginning on August 6, 2018, the city shall engage in public education efforts to
inform the public of those provisions in this subsection (c) that pertain to carrying
a single -use plastic beverage straw or single -use plastic stirrer onto any beach or
park within the city, or onto any city marina, pier, dock, or boat ramp, and to
provide assistance with identifying alternatives to single -use plastic beverage
straws and single -use plastic stirrers;
b. beginning on November 1, 2018, and continuing through January 31, 2019, the
city shall provide for a warning period, during which the code compliance
department shall issue written warnings for violations of those provisions in
subsection (c) that pertain to carrying a single -use plastic beverage straw or
single -use plastic stirrer onto any beach or park within the city, or onto any city
marina, pier, dock, or boat ramp; and
c. beginning on February 1, 2019, the code compliance department shall enforce
the provisions in subsection (c) that pertain to carrying a single -use plastic
beverage straw or single -use plastic stirrer onto any beach or park within the city,
or onto any city marina, pier, dock, or boat ramp.
(d) Prohibitions on causing litter in sewers and on public and private property. It shall be
unlawful for any person to use leaf blowers, or any other means, to sweep, cast or throw, or
cause to be cast or thrown, or discarded into any of the gutters, drains, sewers, or public
rights -of -way within the city, or upon any adjacent public or private real or personal
property, any garbage, litter, paper, handbill, trash, tree, plant, or grass cuttings, leaves,
yard maintenance debris, or other objects or substances.
(f) Penalties for violations. The following civil fines shall be imposed for violations of this
section, except as provided in subsection (h) below:
(1) For violations of subsection (c):
a. First offense within a 12 -month period: $100.00 civil fine.
b. Second offense within a 12 -month period: $200.00 civil fine.
c. Third or subsequent offense within a 12 -month period: $500.00 civil fine.
(2) For violations of subsection (b) that take place anywhere other than a beach or park
within the city, or a city marina, pier, dock, or boat ramp, or for violations of subsections
(d) or (e):
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(3)
a. First offense within a 12 -month period: $1,000.00 civil fine.
b. Second offense within a 12- month period: $2,000.00 civil fine.
c. Third or subsequent offense within a 12 -month period: $3,000.00 civil fine.
For violations of subsection (b) that take place on a beach or park within the city, or on
a city marina, pier, dock, or boat ramp:
a. First offense within a 12 -month period: $1,500.00 civil fine;
b. Second offense within a 12 -month period: $2,500.00 civil fine; and
c. Third or subsequent offense within a 12 -month period: $3,500.00 civil fine.
(4) In lieu of a civil fine, the special master may accept voluntary community service
removing litter in the city equivalent to one hour of community service for each $50.00
of an imposed civil fine. If the community service is not completed within six months of
an adjudication of guilt, the fine shall be reinstated.
Enforcement by code compliance officers; notice of violation. If a code compliance officer
(which, as defined in section 70 -66, includes a police officer) finds a violation of this article,
such code compliance officer shall issue a notice of violation. The notice shall inform the
violator of the nature of the violation, amount of fine for which the violator may be liable,
instructions and due date for paying the fine, notice that the violation may be appealed by
requesting an administrative hearing within ten days after service of the notice of violation,
and that failure to do so shall constitute an admission of the violations and waiver of the
right to a hearing.
Rights of violators; payment of fine; right to appeal; failure to pay civil fine or to appeal.
(1) A violator who has been served with a civil notice of violation shall elect either to:
a. Pay the civil fine in the manner indicated on the notice; or
b. Request an administrative hearing before a special master to appeal the notice of
violation, which hearing must be requested within ten days of service of the notice
of violation.
(2) The procedures for appeal by administrative hearing of the notice of violation shall be
as set forth in sections 30 -72 and 30 -73 of the City Code.
(3) The failure to pay the civil fine, or to timely request an administrative hearing before a
special master, shall constitute a waiver of the violator's right to administrative hearing
before the special master, and shall be treated as an admission of the violation, for
which fines and penalties may be assessed accordingly.
(4) Any party aggrieved by a decision of the special master may appeal that decision to a
court of competent jurisdiction.
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(5)
The special master shall be prohibited from hearing the merits of the notice of violation
or considering the timeliness of a request for an administrative hearing if the violator
has failed to request an administrative hearing within ten days of the service of the
notice of violation.
(6) Other than the option to accept voluntary community service in lieu of a civil fine
pursuant to subsection (f)(4), the special master shall not have discretion to alter the
penalties prescribed in subsections (f)(1), (f)(2) or (f)(3).
(n) Recovery of unpaid fines; unpaid fines to constitute a lien; foreclosure,
(1) The city may institute proceedings in a court of competent jurisdiction to compel
payment of civil fines.
(2) A certified copy of an order imposing a civil fine may be recorded in the public records
and thereafter shall constitute a lien upon any other real or personal property owned by
the violator, which may be enforced in the same manner as a court judgment by the
sheriffs of this state, including levy against the violator's real or personal property, but
shall not be deemed to be a court judgment except for enforcement purposes. Three
months after the recording of any such lien which remains unpaid, the city may
foreclose or otherwise execute upon the lien, for the amount of the lien, plus accrued
interest.
(o) Planning board authority. Nothing in this article shall limit or restrict any condition or
limitation imposed by the planning board.
(p) Injunctive relief. As an additional means of enforcement, the city may seek injunctive relief
and /or follow procedures to revoke a business tax receipt and /or certificate of use as set
forth in chapters 14, 18 and 102 of the City Code when there are more than three offenses
by the same violator within a calendar year.
SECTION 2. Article I of Chapter 82 of the Code of the City Miami Beach is hereby amended
as follows:
CHAPTER 82
PUBLIC PROPERTY
ARTICLE I. In General
* * *
Sec. 82 -8. Prohibitions regarding sale or use of single -use plastic beverage straws
and single -use plastic stirrers by city contractors and special event
permittees.
(a) Legislative intent. Plastic straws are neither readily recyclable nor biodegradable, and take
hundreds of years to degrade. The City's goal is to reduce litter by reducing the use of and
replacing single -use plastic beverage straws and single -use plastic stirrers with reusable
materials.
(b) Definitions. For purposes of this section only, the following definitions shall apply:
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a) City contractor means a contractor, vendor, commercial Lessee, concessionaire of the
city, or operator of a city facility or property.
City facility includes, but is not limited to, any building, structure, park, beach, golf
course, marina, pier, dock or boat ramp leased to the city, or owned, operated, leased,
or managed by the city.
a City property includes, but is not limited to, any land, water, or air rights leased to the
city, or owned, operated, leased, or managed by the city.
L4) Single -use plastic beverage straw means a tube, intended for only one -time use, that is
made predominantly of plastic derived from either petroleum or a biologically based
polymer, including polymers derived from corn or other plant sources, for transferring a
beverage from its container to the mouth of the drinker. Single -use plastic beverage
straw includes compostable and biodegradable petroleum or biologically based
polymer straws, but does not include straws that are made from non - plastic materials,
such as paper, sugar cane, bamboo, or other similar materials.
(5) Single -use plastic stirrer means a device that is used to mix beverages, intended for
only one -time use, and made predominantly of plastic derived from either petroleum or
a biologically based polymer, including polymers derived from corn or other plant
sources. Single -use plastic stirrer includes compostable and biodegradable petroleum
or biologically based polymer stirrers, but does not include stirrers that are made from
non - elastic materials such as •a•er sugar cane bamboo or other similar materials.
(6) Special event permittee means any person or entity issued a special event permit by
the city for a special event on city property or in a city facility.
j Prohibitions. City contractors and special event permittees shall not sell, use, provide
beverages with, or offer the use of single -use plastic beverage straws or single -use plastic
stirrers in city facilities or on city property. A violation of this section shall be deemed a
default under the terms of the city contract, lease, or concession agreement and is grounds
for revocation of a special event permit.
Lcil Exceptions.
(1) The requirements of this section shall not restrict a city contractor or special
event permittee from providing a beverage with, or offering the use of, a single -
use plastic beverage straw or single -use plastic stirrer to an individual with a
disability or medical condition that impairs the consumption of beverages without
a single -use plastic beverage straw or single -use plastic stirrer.
Any city contract, lease, or concession agreement entered into prior to February
1, 2019, or any special event permit issued prior to February 1, 2019, shall not be
subject to the requirements of this section, unless the city contractor or special
event permittee voluntarily agrees thereto.
Secs. 82-89-82-35. – Reserved.
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SECTION 3. Subdivision 11 of Division 5 of Article IV of Chapter 82 of the Code of the City
Miami Beach is hereby amended as follows:
CHAPTER 82
PUBLIC PROPERTY
ARTICLE IV. Uses in Public Rights -of -Way
* * *
DIVISION 5. Sidewalk Cafes
* * *
Subdivision II. Permit
* * *
Sec. 82 -385. Minimum standards, criteria, and conditions for operation of sidewalk cafes,
* *
(p) No food preparation, food storage, expanded polystyrene food service articles, single -use
plastic beverage straws, single -use plastic stirrers, refrigeration apparatus or equipment, or
fire apparatus or equipment, shall be allowed on the right -of -way. In addition, expanded
polystyrene food service articles, single -use plastic beverage straws, and single -use plastic
stirrers shall not be provided to sidewalk cafe patrons.
(1) Exception. The provisions in subsection (p) that pertain to single -use plastic
beverage straws and single -use plastic stirrers shall not restrict a sidewalk cafe
operator from providing a beverage with, or offering the use of, a single -use plastic
beverage straw or single -use plastic stirrer to an individual with a disability or medical
condition that impairs the consumption of beverages without a single -use plastic
beverage straw or single -use plastic stirrer.
(2) Effective dates. Notwithstanding the above,
a. beginning on August 6, 2018, the city shall engage in public education efforts to
inform the public of those provisions in this subsection (p) that pertain to single -
use plastic beverage straws and single -use plastic stirrers, and to provide
assistance with identifying alternatives to single -use plastic beverage straws and
single -use plastic stirrers;
b. beginning on November 1, 2018, and continuing through January 31, 2019, the
city shall provide for a warning period, during which the code compliance
department shall issue written warnings for violations of those provisions in
subsection (p) that pertain to single -use plastic beverage straws and single -use
plastic stirrers; and
c. beginning on February 1, 2019, the code compliance department shall enforce
the provisions in subsection (p) that pertain to single -use plastic beverage straws
and single -use plastic stirrers.
* * *
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
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SECTION 5. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. 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 relettered to accomplish such intention, and the word "ordinance" may be changed to
"section," "article," or other appropriate word.
SECTION 7. EFFECTIVE DATE..
This Ordinance shall take effect on the % day of /�1 lY , 2018.
.f
PASSED AND ADOPTED this ?S--- day of Jw/ i , 2018.
ATTEST:
V Clfv
Raf I E. ranado
City Clerk
Dan Gelber
Mayor
(Sponsored by Mayor Dan Gelber and Co- Sponsored by Commissioner Michael Gongora)
Underline denotes additions
Strike through denotes deletions
F:\ATTO \KALN \ORDINANCES \Single Use Plastic Beverage Straws and Plastic Stirrers - 2nd reading (as amended).docx
9
APPROVED AS TO
FORM & LANGUAGE
& FOP XE UTION
1 (7I%%
City Attorney `` 11 Date
fV�
MIAMI BEACH
Ordinances - R5 1
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: July 25, 2018
1:45 p.m. Second Reading Public Hearing
SUBJECT AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE CODE OF THE CITY
OF MIAMI BEACH, ENTITLED "ENVIRONMENT," BY AMENDING ARTICLE III,
ENTITLED "LITTER," BY AMENDING DIVISION 1, ENTITLED "GENERALLY," BY
AMENDING SECTION 46 -92 THEREOF, ENTITLED "LITTER; DEFINITIONS;
PROHIBITIONS ON LITTER; PENALTIES FOR LITTER AND COMMERCIAL
HANDBILL VIOLATIONS; COMMERCIAL HANDBILL REGULATIONS, FINES, AND
REBUTTABLE PRESUMPTIONS; SEIZURE AND REMOVAL OF LITTER BY THE
CITY; ENFORCEMENT; APPEALS; LIENS" TO PROHIBIT ANY PERSON FROM
CARRYING ANY SINGLE -USE PLASTIC BEVERAGE STRAW OR SINGLE -USE
PLASTIC STIRRER ONTO ANY BEACH OR PARK WITHIN THE CITY, OR ONTO
ANY CITY MARINA, PIER, DOCK, OR BOAT RAMP; AMENDING CHAPTER 82 OF
THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY,"
BY AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY CREATING SECTION
82 -8 THEREOF, TO BE ENTITLED "PROHIBITIONS REGARDING SALE OR USE
OF SINGLE -USE PLASTIC BEVERAGE STRAWS AND SINGLE -USE PLASTIC
STIRRERS BY CITY CONTRACTORS AND SPECIAL EVENT PERMITTEES," TO
PROHIBIT THE SALE, USE, PROVISION, AND OFFERING OF SINGLE -USE
PLASTIC BEVERAGE STRAWS AND SINGLE -USE PLASTIC STIRRERS BY CITY
CONTRACTORS AND SPECIAL EVENT PERMITTEES IN CITY FACILITIES AND
ON CITY PROPERTY; AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF
MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE IV,
ENTITLED "USES IN PUBLIC RIGHTS -OF- WAY," BY AMENDING DIVISION 5,
ENTITLED "SIDEWALK CAFES," BY AMENDING SUBDIVISION II, ENTITLED
"PERMIT," BY AMENDING SECTION 82 -385 THEREOF, ENTITLED "MINIMUM
STANDARDS, CRITERIA, AND CONDITIONS FOR OPERATION OF SIDEWALK
CAFES," TO PROVIDE PROHIBITIONS REGARDING SINGLE -USE PLASTIC
BEVERAGE STRAWS AND SINGLE -USE PLASTIC STIRRERS ON THE RIGHT -
OF -WAY; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE.
RECOMMENDATION
See Memorandum attached.
Page 959 of 1464
Legislative Tracking
Environment and Sustainability
Sponsor
Mayor Dan Gelber and Co- sponsored by Commissioners Gongora & Rosen Gonzalez
ATTACHMENTS:
Description
o Ordinance
ID Memo
Page 960 of 1464