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Ordinance 2022-4509 ORDINANCE NO. 2022-4509 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE MIAMI BEACH CITY CODE, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE 1, ENTITLED "IN GENERAL," BY CREATING SECTION 82-9 THEREOF, ENTITLED "SMOKING IN PARKS AND ON THE BEACHES IS PROHIBITED," TO PROHIBIT SMOKING IN THE CITY'S PARKS AND ON THE CITY'S PUBLIC BEACHES, WITH THE EXCEPTION OF UNFILTERED CIGARS; AND, PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, cigarette butts are by far the most common item polluting our parks, beaches and waterways; and WHEREAS, according to research from Ocean Conservancy, cigarette butts are a top item left behind on beaches for the past 31 during the International Coastal Cleanup; and WHEREAS, small and notoriously difficult to clean up, cigarette butts contain toxic chemicals and microplastics that adversely impact the environment; and WHEREAS, on.June 17, 2022, Governor Ron DeSantis signed a House Bill 105 ("HB 105"), which amended the Florida Clean Indoor Air Act (FCIAA) to allow cities and counties to restrict smoking at beaches and parks, subject to certain exceptions; and WHEREAS, specifically, HB 105 authorizes counties and municipalities to restrict smoking within the boundaries of any public beaches and public parks they own or that are County-owned but within a city's jurisdiction, unless such restriction conflicts with county ordinance; and WHEREAS, however, under HB 105, counties and municipalities may not restrict the smoking of unfiltered cigars; and WHEREAS, prohibiting smoking on the City's public beaches is in the best interest of the City, its residents and visitors, and the environment. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Section 82-9 of Article I, of Chapter 82 of the City Code, entitled "Public Property," is hereby created as follows: CHAPTER 82 PUBLIC PROPERTY ARTICLE I. IN GENERAL * * * Sec. 82-9. Smoking in the parks and on the beaches is prohibited. It shall be unlawful for any person to smoke in public parks or on public beaches. "Smoking" means inhaling, exhaling, burning, carrying, or possessing any lighted tobacco product, including cigarettes, cigars, pipe tobacco, and any other lighted tobacco product, with the exception of unfiltered cigars. The following penalties shall be imposed for violations of this section: a. First offense within a 12-month period: punishable by a $100.00 civil fine, or by imprisonment for a term not exceeding 60 days in accordance with section 1-14 of the City Code. b. Second offense within a 12-month period: punishable by a $200.00 civil fine. or by imprisonment for a term not exceeding 60 days in accordance with section 1- 14 of the City Code. c. Third or subsequent offense within a 12-month period: punishable by a $500.00 civil fine, or by imprisonment for a term not exceeding 60 days in accordance with section 1-14 of the City Code. * * * SECTION 2. 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 Miami Beach City Code. 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 3. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 2 SECTION 4. SEVERABILITY If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect on January 1, 2023. PASSED AND ADOPTED this /9 day of 5 /rier , 2022. ATTEST: Dan Gelber, Mayor 9: &,,Leta_ Rafael E. Granad , City Clerk (Sponsored by Vice-Mayor Alex J. Fernandez) 1h[OFP OPJTEDs Underlined denotes new additions ... ..�; �?_= ,QcH\26, Doubleunderlined denotes new additions after First Reading APPROVED AS TO FORM & LANGUAGE • & FOR EXECUTION City Attomeyoc Data 3 Ordinances-R5 B MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Rafael A. Paz, City Attorney DATE: September 14, 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 82 OF THE MIAMI BEACH CITY CODE, ENTITLED 'PUBLIC PROPERTY," BY AMENDING ARTICLE 1, ENTITLED "IN GENERAL," BY CREATING SECTION 82-9 THEREOF, ENTITLED "SMOKING IN PARKS AND ON THE BEACHES IS PROHIBITED," TO PROHIBIT SMOKING IN THE CITY'S PARKS AND ON THE CITY'S PUBLIC BEACHES, WITH THE EXCEPTION OF UNFILTERED CIGARS; AND, PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE. ANALYSIS See attached Commission Memorandum. SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION N/A Applicable Area Citywide Is this a"Residents Right Does this item utilize G.Q. to Know" item. pursuant to Bond Funds? City Code Section 2-14? Yes No Legislative Tracking Office of the City Attorney Sponsor Vice-Mayor Alex Fernandez Page 674 of 1700 ATTACHMENTS: Description Commission Memorandum a Ordinance Page 675 of 1700 41 it (` - i 5 OFFICE OF THE CITY ATTORNEY RAFAEL PAZ,CITY ATTORNEY COMMISSION MEMORANDUM TO: Mayor Dan Gelber and Members of the City Commission Alina T. Hudak, City Manager SECOND READING FROM: Rafael A. Paz, City Attorney Z DATE: SEPTEMBER 14, 2022 -co F- e SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE MIAMI BEACH CITY CODE, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE 1, ENTITLED "IN GENERAL," BY CREATING SECTION 82-9 THEREOF, ENTITLED "SMOKING IN PARKS AND ON THE BEACHES IS PROHIBITED," TO PROHIBIT SMOKING IN THE CITY'S PARKS AND ON THE CITY'S PUBLIC BEACHES, WITH THE EXCEPTION OF UNFILTERED CIGARS; AND, PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. The attached Ordinance was prepared at the request of Vice-Mayor Alex J. Fernandez. The Mayor and City Commission approved the Ordinance on first reading at the July 20, 2022 City Commission meeting. On June 17, 2022, Governor Ron DeSantis signed a House Bill 105 ("HB 105"), which amended the Florida Clean Indoor Air Act(FCIAA) to allow cities and counties to restrict smoking at beaches and City and County-owned public parks, subject to certain exceptions. Specifically, HB 105 authorizes counties and municipalities to restrict smoking within the boundaries of any public beaches and public parks they own or that are owned by the county, and within a city's jurisdiction, unless such restriction conflicts with county ordinance. Cigarette butts are by far the most common item polluting our parks, beaches and waterways. According to research from Ocean Conservancy, cigarette butts are a top item left behind on beaches for the past 31 during the International Coastal Cleanup. Small and notoriously difficult to clean up, cigarette butts contain plastic filters, toxic chemicals and microplastics that adversely affect the environment. The only changes made between First and Second Readings relate to the penalty provisions of the Ordinance. The sponsor now proposes the following penalties: Page 676 of 1700 Commission Memorandum — Prohibiting Smoking in Public Parks and On Public Beaches September 14, 2022 Page 2 a. First offense within a 12-month period: $100.00 civil fine, or as a criminal municipal ordinance violation, punishable in accordance with section 1-14 of the City Code. b. Second offense within a 12-month period: $200.00 civil fine, or as a criminal municipal ordinance violation, punishable in accordance with section 1-14 of the City Code. c. Third or subsequent offense within a 12-month period shall only be punishable as a criminal municipal ordinance violation, in accordance with section 1-14 of the City Code. Prohibiting smoking on the City's public beaches is in the best interest of the City, its residents and visitors, and the environment. The proposed Ordinance seeks to prohibit smoking in public parks or on public beaches, with the exception of unfiltered cigars, as permitted by the new Florida law. RAP/FA/ag Page 677 of 1700