Ordinance 2022-4495 ORDINANCE NO. 2022-4495
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, FLORIDA, ENTITLED
"ENVIRONMENT," BY AMENDING ARTICLE III, ENTITLED "LITTER,"
BY AMENDING DIVISION 1, ENTITLED "GENERALLY," BY
AMENDING ARTICLE III, ENTITLED "LITTER," BY AMENDING
SECTION 46-92 THEREOF, ENTITLED "LITTER; DEFINITIONS;
PROHIBITIONS ON LITTER AND COMMERCIAL HANDBILL
VIOLATIONS; COMMERCIAL HANDBILL REGULATIONS, FINES, AND
REBUTTABLE PRESUMPTIONS; SEIZURE AND REMOVAL OF
LITTER BY THE CITY; ENFORCEMENT; APPEALS; LIENS," TO
ESTABLISH AN EXCEPTION PERMITTING ALUMINUM BOTTLES
AND CONTAINERS TO BE BROUGHT ONTO THE CITY'S BEACHES;
AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE.
WHEREAS, the City has had a sponsorship agreement with Coca-Cola North America
("Coca-Cola"), a division of the Coca -Cola Company, since March 14, 2012; and
WHEREAS, since the sponsorship agreement with Coca-Cola expired on December 31,
2021, the City decided to explore its various opportunities for a non-alcoholic pouring rights
partnership; and
WHEREAS, after a selection process to identify an exclusive/official non-alcoholic
beverage partner, PepsiCo was recommended to the City by Spectra Partnerships; and
WHEREAS, on March 9, 2022, the City Commission passed and adopted Resolution No.
2022-32091, which authorized the City Manager to negotiate and execute an agreement with
PepsiCo, for an exclusive non-alcoholic beverage pouring rights partnership for vending and
dispensing products in certain City properties; and
WHEREAS, presently, pursuant to section 46-92 of the City Code,there is a prohibition
on carrying metal and glass bottles, and other metal and glass containers, onto the City's
beaches; and
WHEREAS, plastic bottles and containers are not presently prohibited in the City or on its
beaches, however, the Mayor and City Commission have implemented many initiatives to reduce
plastic in the City of Miami Beach; and
WHEREAS, in enacting such initiatives, the City has spearheaded single-use plastic
reduction though various regulations including the following:
1. A City-wide polystyrene ban, which prohibits the sale and use of expanded polystyrene
(Styrofoam)within the City;
2. A prohibition on the use and distribution of single-use carry out plastic bags on the public
rights-of-way and to sidewalk café patrons;
3. A citywide ban on single-use plastic straws and stirrers;
4. A requirement that all beachfront concessionaries and third-party concessions switch to
100% reusable food and beverage wares; and
WHEREAS, in 2018, the voluntary#PlasticFreeMB program for businesses, which aims
to remove single use plastics (such as plastic bags, plastic straws, plastic cutlery, plastic take out
containers, and plastic lids), was created, and the program currently has over 155 participating
businesses in the City; and
WHEREAS, some of the negative impacts and statistics pertaining to plastic include the
fact that 8 million metric tons of plastic end up in the ocean annually and 100 million marine
animals are killed every year due to plastic debris; approximately one-half of all plastic produced
is single-use plastic(which means it's typically used once and thrown away); and the reduction of
single-use plastic helps decrease the demand on natural resources to produce plastic (which, in
turn, reduces greenhouse gas emissions, protects wildlife from ingesting plastic, reduces litter in
waterways and beaches, and allows the City's stormwater system to function more efficiently
without the problem of debris); and
WHEREAS, the Environmental Protection Agency states that aluminum cans have about
68 percent recycled content compared to just 3 percent for plastic bottles in the United States
and, as a result, aluminum is widely seen as the better choice for the environment; and
WHEREAS, aluminum cans are recycled at a higher rate than any other beverage
container—and at more than twice the rate of plastic bottles; and
WHEREAS, aluminum cans support the concept of closed-loop recycling, which is
preferred because the recycled product maintains its original quality and the process can be
repeated infinitely; and
WHEREAS, more than 92% of recycled aluminum can materials are used to make more
aluminum cans, whereas the recycling of plastic is more complex, leads to degradation, and has
lower reuse rates than aluminum; and
WHEREAS, the recycling of aluminum cans emits less greenhouse gas and can save
95% of the energy that would be needed to make a new can and, therefore, no new material
needs to be mined or transported; and
WHEREAS, unlike plastic bottles, aluminum cans do not contain Bisphenol A(commonly
known as BPA), which chemical has come under scrutiny due to various health risks including
cancer; and
WHEREAS, the Mayor and City Commission desire to adopt the following amendment to
the City Code of Laws and Ordinances in order to establish an exception permitting bottles and
containers primarily composed of aluminum to be carried onto the City's beaches.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1.That Section 46-92 of the City Code shall be amended as follows, and as hereinafter
set forth below:
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CHAPTER 46
ENVIROMENT
ARTICLE III. LITTER
* * *
DIVISION 1
GENERALLY
* * *
Sec. 46-92. Lifter; 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:
(1) Benefactor means the owner of the business advertised in the commercial handbill
whose agent, employee, contractor, promoter, or other representative did or caused
the throwing, discarding, placing or depositing.
(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.
(3) Handbill means any handbill, flyer, paper, document, dodger, circular, folder, booklet,
letter, card, pamphlet, sheet, poster, sticker, banner, notice or other written, printed or
painted matter or object that conveys any information, except that "handbill" shall not
include a newspaper or its contents.
(4) Commercial handbill means any handbill that conveys any information about any good
or service provided by a business.
(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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(6) One day means a 24-hour period from noon to noon.
(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, unless such bottle or container is primarily composed of aluminum. 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 plastic stirrers with the service or delivery
of any beverage to patrons on any beach within the city. .
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(1) 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.
(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 (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.
(e) Garbage container requirements for restaurants. All restaurants with take-out service shall
have up to four garbage containers, as need requires, based on the determination of the city
manager or his designee. The containers shall be located in front of and within 50 feet in
each direction of the premises at locations approved by the city manager or his designee.
These 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 chapter 90 of this Code.
(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.
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(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):
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.
(3) 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 magistrate 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.
(g) Prohibitions on commercial handbill distribution.
(1) Historic areas. It shall be unlawful for any person to distribute commercial handbills on
the right-of-way in any of the following areas in the City of Miami Beach:
a. The area bounded on the north by, but not including, 17th Street, bounded on the
east by, but not including, Washington Avenue, bounded on the south by Lincoln
Lane, and bounded on the west by Alton Road;
b. Ocean Drive from 5th to 15th Streets;
c. Collins Avenue from 5th to 15th Streets;
d. Washington Avenue from 5th to Lincoln Road;
e. All cross streets and bystreets bounded on the north by 15th Street, bounded on
the east by Ocean Drive, bounded on the south by 5th Street, and bounded on the
west by Washington Avenue;
f. Espanola Way from Pennsylvania Avenue to Collins Avenue; and
g. Lummus Park.
The prohibitions of this subsection (g) shall apply to the distribution of commercial
handbills on any right-of-way, including, but not limited to, any doorway, stairway,
window or other opening of a building abutting on or adjacent to such right-of-way. All
rights-of-way identified as prohibited areas shall include the entire width of the right-of-
way, including all sidewalks.
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(2) Sidewalk cafes. Commercial handbills shall not be distributed on the right-of-way:
a. Within 20 feet in any direction from the outside perimeter of any approved sidewalk
cafe (as indicated in the approved site plan attached to the city-issued permit); and
b. On any right-of-way within the approved sidewalk cafe.
(3) Beaches. Commercial handbills shall not be distributed on any city beach east of the
dunes.
(h) Penalties for commercial handbill violations. If a violation resulted from the throwing,
discarding, placing, or depositing, or causing to be thrown, discarded, placed, or deposited,
of commercial handbills as litter in violation of subsection (b), or resulted from a violation of
subsection (g), then the following civil fines shall be imposed. The special magistrate shall
not have discretion to alter these prescribed penalties except as to the per handbill fine of
$50.00 provided in subsection (f)(1).
(1) If the offense is the first offense, $100.00 fine, plus $50.00 per handbill for a violation of
subsection (b);
(2) If the offense is the second offense within the preceding 12 months, $500.00 fine, plus
$50.00 per handbill for a violation of subsection (b);
(3) If the offense is the third or subsequent offense within the preceding 12 months,
$1,500.00 fine, plus $50.00 per handbill for a violation of subsection (b);
(4) Notwithstanding subsections (h)(1)—(3), no person or benefactor shall receive more
than one offense within any one-day period, however, the $50.00 per handbill fine shall
apply to all littered handbills found during that one-day period for a violation of subsection
(b).
(i) Commercial handbill presumption. At any prosecution for violation of this section when the
litter involved is a commercial handbill, if ten or more commercial handbills advertising the
same business are found in plain view as litter under circumstances that make it more likely
than not that the commercial handbills were placed there, or caused to be placed there, by
an agent, employee, contractor, promoter, or other representative of the business advertised
on the face of the commercial handbills, the special magistrate shall apply a rebuttable
presumption that the business advertised on the face of the handbills threw, discarded,
placed or deposited the commercial handbills as litter.
(j) Securing of commercial handbill litter by the city. If a person is found littering with commercial
handbills, the code compliance officer is authorized to seize, for use as evidence in the
prosecution of the violator before the special magistrate, all commercial handbills in the
possession of the violator.
(k) Removal of litter by the city. The city may cause the removal, at the violator's expense, of all
litter distributed or placed in violation of this section.
(I) 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.
(m) 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 magistrate 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 magistrate, shall constitute a waiver of the violator's right to administrative
hearing before the special magistrate, 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 magistrate may appeal that decision to
a court of competent jurisdiction.
(5) The special magistrate 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 magistrate 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.
8
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. 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 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 a 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 -JO?i t IA2Z_
PASSED and ADOPTED this ea day of J 104 , 2022.
ATTEST: JUN 2 3 2022
Dan Gelber
Mayor
Rafae E. Granado
City Clerk ,,,,,,,,
(Sponsored by Commissioner Alex J. Fernandez) s_i�. `•A
s
s IIdCORP ORATED!`
Underline denotes additions %4.. ,4;
denotes deletions �''�<� �.�.. ;•��
• APPROVED AS TO
FORM.&LANGUAGE
( &FOR EXECUTION
City Attorney Dote
9
Ordinances-R5 E
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: June 22, 2022
10:25 a.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, FLORIDA, ENTITLED "ENVIRONMENT," BY
AMENDING ARTICLE III, ENTITLED "LITTER," BY AMENDING DIVISION
1, ENTITLED "GENERALLY," BY AMENDING ARTICLE III, ENTITLED
"LITTER," BY AMENDING SECTION 46-92 THEREOF, ENTITLED "LITTER;
DEFINITIONS; PROHIBITIONS ON- LITTER AND COMMERCIAL
HANDBILL VIOLATIONS; COMMERCIAL HANDBILL REGULATIONS,
FINES, AND REBUTTABLE PRESUMPTIONS; SEIZURE AND REMOVAL
OF LITTER BY THE CITY; ENFORCEMENT; APPEALS; LIENS," TO
ESTABLISH AN EXCEPTION PERMITTING ALUMINUM BOTTLES AND
CONTAINERS TO BE BROUGHT ONTO THE CITY'S BEACHES; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN.
EFFECTIVE DATE.
BACKGROUND/HISTORY
On March 9, 2022, the City Commission passed and adopted Resolution No. 2022-32091 authoriang the City
Manager to negotiate and execute an agreement with PepsiCo, for an exclusive non-alcoholic beverage pouring.
rights partnership for vending and dispensing products in certain City properties. The agreement with PepsiCo
includes plastic free initiatives for the soda and water categories, and requirements to reduce single-use plastics
within the City through the sale and use of beverages in alternative packaging, such as aluminum in all other
categories when applicable. The proposed agreement between the City and PepsiCo is valued at$2.3M over the
course of ten years. Presently, section 46-92 of the City Code, outlines a prohibition of carrying metal and glass
bottles,and other metal and glass containers,onto the City's beaches.
At the City Commission meeting on May 4,2022,the Mayor and City Commission adopted the Ordinance on First
Reading.
ANALYSIS
The City of Miami Beach is a major and internationally recognized tourist destination that continues to encounter a proliferation of
discarded plastic bottles and other single-use plastics on the City's beaches, waterways, and streets, partially as a result of
businesses providing plastic bottles,and improper disposal of those bottles by consumers.
Single-use plastics bottles are amongst the most commonly found littered items during beach cleanups and pose a challenge to
daily cleaning efforts carried out by Miami-Dade County Parks and Recreation Beach Operations and Miami Beach Sanitation
Department staff. According to a United Nations (UN) article, over eight million metric tons of plastic are found in our oceans
Page 469 of 1232
every year,impacting our marine wildlife,fisheries,and tourism,and costing at least$8 billion in damage to marine ecosystems.
The remains and broken-down particles of these types of plastic are ingested by wildlife such as shore birds, sea turtles, and fish.
The UN takes the position that it is critical to the public's health,safety,and welfare to reduce litter and pollutants.Accordingly,the
UN has launched a full campaign to encourage countries around the world to reduce their dependency on single-use plastics.
Plastic bottles and containers are not presently prohibited in the City or on its beaches;however,the Mayor and City Commission
have implemented many initiatives to reduce plastic in the City of Miami Beach. In enacting such initiatives, the City has
spearheaded single-use plastic reduction though various regulations and programs including the following:
• A City-wide polystyrene ban,which prohibits the sale and use of expanded polystyrene(Styrofoam)within the City;
• A prohibition on the use and distribution of single-use carry out plastic bags on the public rights-of-way and to sidewalk
café patrons;
• A citywide ban on single-use plastic straws and stirrers;
• A requirement that all beachfront concessionaries and third-party concessions switch to 100%reusable food and beverage
wares;and
• #PlasticFreeMB,a voluntary business certification program with over 155 business that aims to remove single use plastics.
The options for alternative plastic bottles continue to grow,with aluminum being the most common and readily available option.
The Environmental Protection Agency states that aluminum cans have about a 68 percent recycled content compared to just 3
percent for plastic bottles in the United States.As a result,aluminum is widely seen as the better choice for the environment.
Moreover, aluminum cans are recycled at a higher rate than any other beverage container—and at more than twice the rate of
plastic bottles.They also support the concept of closed-loop recycling,which is preferred because the recycled product maintains its
original quality and the process can be repeated infinitely. In line with the City's Climate Action Plan and commitments to reduce
greenhouse gas emissions(GHG's),aluminum has been found to emit less GHG's and can save 95%of the energy that would be
needed to make a new can and,therefore,no new material needs to be mined or transported.
The proposed Ordinance amends Chapter 46 of the City Code, by amending section 46-92 to establish an exception permitting
aluminum bottles and containers to be brought to the City's beaches,and therefore allow the administration to fully execute the
proposed PepsiCo agreement and the corresponding revenues. The Ordinance will allow the sale and possession of aluminum
beverage containers,reducing the amount of plastic pollution present in the City's environment,outside of the waste stream,and in
Miami Beach's stormwater management system and waterways,through litter and the circulation of windblown debris,as well as to
improve the City's water quality.
SUPPORTING SURVEY DATA
n/a
FINANCIAL INFORMATION
n/a
CONCLUSION
The Administration recommends that the City Commission adopt the proposed Ordinance.
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
Yes • No
Strategic Connection
Environment & Infrastructure - Work regionally and nationally to protect Biscayne Bay water
quality and to maintain a healthy dune and beach system.
Page 470 of 1232
Legislative Tracking
Environment and Sustainability
Sponsor
Commissioner Alex Fernandez
ATTACHMENTS:
Description
o Memorandum
D 2022-05-04- Ordinance
Page 471 of 1232
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Honorable Mayor Dan Gelber and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: May 4, 2022
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, FLORIDA, ENTITLED "ENVIRONMENT," BY AMENDING ARTICLE III,
ENTITLED "LITTER," BY AMENDING DIVISION 1, ENTITLED "GENERALLY," BY
AMENDING ARTICLE III, ENTITLED "LITTER," BY AMENDING SECTION 46-92
THEREOF, ENTITLED "LITTER; DEFINITIONS; PROHIBITIONS ON LITTER AND
COMMERCIAL HANDBILL VIOLATIONS; COMMERCIAL HANDBILL REGULATIONS,
FINES, AND REBUTTABLE PRESUMPTIONS; SEIZURE AND REMOVAL OF LITTER
BY THE CITY; ENFORCEMENT;APPEALS; LIENS,"TO ESTABLISH AN EXCEPTION
PERMITTING ALUMINUM BOTTLES AND CONTAINERS TO BE BROUGHT ONTO
THE CITY'S BEACHES; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION,AND AN EFFECTIVE DATE.
BACKGROUND
On March 9, 2022, the City Commission passed and adopted Resolution No. 2022-32091
authorizing the City Manager to negotiate and execute an agreement with PepsiCo, for an
exclusive non-alcoholic beverage pouring rights partnership for vending and dispensing products
in certain City properties.The agreement with PepsiCo includes plastic free initiatives for the soda
and water categories, and requirements to reduce single-use plastics within the City through the
sale and use of beverages in alternative packaging, such as aluminum in all other categories
when applicable.The proposed agreement between the City and PepsiCo is valued at$2.3M over
the course of ten years. Presently,section 46-92 of the City Code,outlines a prohibition of carrying
metal and glass bottles, and other metal and glass containers, onto the City's beaches.
ANALYSIS
The City of Miami Beach is a major and internationally recognized tourist destination that
continues to encounter a proliferation of discarded plastic bottles and other single-use plastics on
the City's beaches, waterways, and streets, partially as a result of businesses providing plastic
bottles, and improper disposal of those bottles by consumers.
Single-use plastics bottles are amongst the most commonly found littered items during beach
cleanups and pose a challenge to daily cleaning efforts carried out by Miami-Dade County Parks
and Recreation Beach Operations and Miami Beach Sanitation Department staff. According to a
United Nations(UN)article, over eight million metric tons of plastic are found in our oceans every
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year, impacting our marine wildlife,fisheries,and tourism,and costing at least$8 billion in damage
to marine ecosystems.
The remains and broken-down particles of these types of plastic are ingested by wildlife such as
shore birds, sea turtles, and fish.The UN takes the position that it is critical to the public's health,
safety, and welfare to reduce litter and pollutants. Accordingly, the UN has launched a full
campaign to encourage countries around the world to reduce their dependency on single-use
plastics.
Plastic bottles and containers are not presently prohibited in the City or on its beaches; however,
the Mayor and City Commission have implemented many initiatives to reduce plastic in the City
of Miami Beach. In enacting such initiatives,the City has spearheaded single-use plastic reduction
though various regulations and programs including the following:
• A City-wide polystyrene ban, which prohibits the sale and use of expanded polystyrene
(Styrofoam)within the City;
• A prohibition on the use and distribution of single-use carry out plastic bags on the
public rights-of-way and to sidewalk café patrons;
• A citywide ban on single-use plastic straws and stirrers;
• A requirement that all beachfront concessionaries and third-party concessions switch
to 100% reusable food and beverage wares; and
• #PlasticFreeMB, a voluntary business certification program with over 155 business that
aims to remove single use plastics.
The options for alternative plastic bottles continue to grow,with aluminum being the most common
and readily available option. The Environmental Protection Agency states that aluminum cans
have about a 68 percent recycled content compared to just 3 percent for plastic bottles in the
United States. As a result, aluminum is widely seen as the better choice for the environment.
Moreover, aluminum cans are recycled at a higher rate than any other beverage container—and
at more than twice the rate of plastic bottles. They also support the concept of closed-loop
recycling, which is preferred because the recycled product maintains its original quality and the
process can be repeated infinitely. In line with the City's Climate Action Plan and commitments to
reduce greenhouse gas emissions (GHG's), aluminum has been found to emit less GHG's and
can save 95% of the energy that would be needed to make a new can and, therefore, no new
material needs to be mined or transported.
The proposed Ordinance amends Chapter 46 of the City Code, by amending section 46-92 to
establish an exception permitting aluminum bottles and containers to be brought to the City's
beaches, and therefore allow the administration to fully execute the proposed PepsiCo agreement
and the corresponding revenues. The Ordinance will allow the sale and possession of aluminum
beverage containers, reducing the amount of plastic pollution present in the City's environment,
outside of the waste stream, and in Miami Beach's stormwater management system and
waterways, through litter and the circulation of windblown debris, as well as to improve the City's
water quality.
CONCLUSION
The Administration recommends that the City Commission adopt the proposed Ordinance
change.
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