Resolution 2023-32610RESOLUTION NO.
2023-32610 `
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY
ADMINISTRATION TO INSTALL SIGNAGE, AT APPROPRIATE
LOCATIONS ALONG THE BEACHWALK, IN ORDER TO ADVISE THE
PUBLIC AS TO THE PROHIBITION AGAINST SMOKING CANNABIS
OR TOBACCO PRODUCTS ON PUBLIC BEACHES OR IN PUBLIC
PARKS, WHICH PROHIBITION INCLUDES THE BEACHWALK.
WHEREAS; the Mayor and City Commission seek to encourage the safe use of bicycle
paths, sidewalks, and pedestrian ways in the City; and to facilitate and balance the health, safety,
and welfare interests of bicyclists and pedestrians utilizing these areas of the City; and
WHEREAS, the City is an international tourist destination, with a world-renowned beach,
that attracts visitors from around the globe; and
WHEREAS, in addition to City residents, the throngs of visitors each day significantly
increase the use and congestion of the City's bike paths, sidewalks, pedestrian ways and, in
particular, the Beachwalk; and
WHEREAS, pursuant to the Beachfront Management Plan ("BMP"), which was approved
by the State of Florida, the City constructed and maintains those lands lying east of the Erosion
Control Line between the Government Cut Inlet on the South and the Northern boundary of the
City at 87' Terrace (the "Property"); and
WHEREAS, the BMP provides that the Property may only be used for purposes that
promote and enhance public access, as well as use of the Property as a public beach area; and
WHEREAS, the City currently maintains approximately 150 public beach accesses and
has beach regulations in place to promote balanced public utilization; and
WHEREAS, the Beachwalk, which is a beach access area and a very busy shared use
path, is also specifically referenced in the BMP, and is included as part of the Atlantic Corridor
which is within the Property and subject to the BMP; and
WHEREAS, pursuant to House Bill 105, which was signed into law by Governor Ron
DeSantis on June 17, 2022, cities and counties are authorized to restrict the smoking of tobacco
products in public beaches and public parks (subject to certain exceptions); and
WHEREAS, secondhand tobacco smoke contains various carcinogens and toxins, such
as ammonia, arsenic, hydrogen cyanide, and formaldehyde; and
WHEREAS, on September 19, 2022, the Mayor and City Commission adopted Ordinance
No. 2022-4509, which prohibits the smoking of any lighted tobacco product (except unfiltered
cigars) in public beaches and public parks; and
WHEREAS, cannabis is a controlled substance pursuant to Chapter 893, Florida Statutes,
and •the smoking of cannabis on public property is illegal in the City of Miami Beach pursuant to
Section 70-7 of the City Code; and
WHEREAS, pursuant to Ordinance No. 2022-4509, and in the interest of the public health,
safety, and welfare consistent with the BMP, the Mayor and City Commission desire to adopt this
Resolution directing the City, Administration to install signage along the Beachwalk to provide
notice regarding the prohibition against smoking.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby direct the City Administration to install signage, at appropriate locations along
the Beachwalk, in order to advise the public as to the prohibition against smoking cannabis or
tobacco products on public beaches or in public parks, which prohibition includes the Beachwalk.
PASSED AND ADOPTED this 11 day of %WQ , 2023.
ATTEST:
jUN 14 2023
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Alex J. Fernandez)
Dan Gelber, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
6-2.—Z3
City Attorney
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Resolutions - C7 M
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: May 17, 2023
SUBJECT.A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY ADMINISTRATION
TO INSTALL SIGNAGE, AT APPROPRIATE LOCATIONS ALONG THE
BEACHWALK, IN ORDER TO ADVISE THE PUBLIC AS TO THE
PROHIBITION AGAINST SMOKING ON PUBLIC BEACHES OR IN PUBLIC
PARKS, WHICH PROHIBITION INCLUDES THE BEACHWALK.
ANALYSIS
Pursuant to the request of Commissioner Alex Fernandez, the above -referenced Resolution is
submitted for consideration by the Mayor and City Commission at the May 17, 2023
Commission meeting.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
The sponsor of this item requests that the Administration be prepared to address the fiscal
impact of this proposed measure, if any, at the May 17, 2023 City Commission meeting.
Applicable Area
Citywide
Is this a "Residents Right
to Know" item, pursuant to
City Code Section 2-14?
No
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Alex Fernandez
Does this item utilize G.O.
Bond Funds?
No
Page 344 of 945
ATTACHMENTS:
Description
❑ Resolution
Page 345 of 945