Ordinance 2024-4589 ORDINANCE NO. 2024-4589
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 X, ENTITLED "USE OF GAS-POWERED LEAF
BLOWERS," TO CREATE DEFINITIONS; ELIMINATE THE FINANCIAL
HARDSHIP WAIVER; PROHIBIT THE USE OF GAS-POWERED
CHAINSAWS WITHIN THE CITY OF MIAMI BEACH, PROVIDE FOR A
TEMPORARY SUSPENSION FOR STORM AND HURRICANE CLEANUP
AND OTHER EXCEPTIONS, AND ESTABLISH ENFORCEMENT AND
PENALTY PROVISIONS; AND FURTHER PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, on June 22, 2022, the Mayor and City Commission adopted
Ordinance No. 2022-4495, prohibiting the use of gas-powered leaf blowers within the City
of Miami Beach for well established environmental reasons and to mitigate excessive
noise; and
WHEREAS, the Mayor and City Commission wish to extend the prohibition on the
use of gas-powered leaf blowers by phasing out the use of gas-powered chainsaws for
similar environmental reasons; and
WHEREAS, gas-powered chainsaws can produce a variety of pollutants that can
be harmful to the environment, including carbon monoxide, hydrocarbons, and particulate
matters; and
WHEREAS, the City Commission also finds that a number of alternatives exist,
such as portable or plug-in electric chainsaws; and
WHEREAS, as with the 2022 Ordinance, the sponsor wishes to provide a
reasonable phase-in period during which City staff can conduct outreach to inform and
educate residents and landscape maintenance companies of the provisions of this
Ordinance, and the availability of alternatives to gas-powered chainsaws; and
WHEREAS, in view of the phase-in period and the environmental and quality of
life benefits associated with the prohibition of gas-powered landscaping tools, the Mayor
and City Commission also desire to eliminate the financial hardship waiver provisions of
the Ordinance, as very few waiver requests have been received and/or granted to date.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. Article X of Chapter 46 of the Code of the City Miami Beach is hereby
amended as follows:
CHAPTER 46
ENVIRONMENT
* * *
ARTICLE X. USE OF GAS-POWERED LEAF BLOWERS AND CHAINSAWS
Sec. 46-231. 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:
Leaf blower means any air blowing device that uses a concentrated stream of air
to push, propel or blow dirt, dust, leaves, grass clippings, trimmings, cuttings, refuse or
debris.
Chainsaw means a saw which is powered by a gasoline engine, an electric motor,
or other means which can cut, buck and saw trees, logs, posts, poles and timbers.
Sec. 46-232. Regulations on the use of leaf blowers.
The use of gas-powered leaf blowers is prohibited within the city. Battery- and electric-
powered leaf blowers may be used within the city, consistent with the regulations set forth
in section 46-152 of the City Code. Private property owners and landscape maintenance
companies are encouraged to operate leaf blowers in a manner that reduces noise
generated by the equipment, including, without limitation, by not continuously running
equipment and by using equipment that operates at a low decibel range (i.e. 65 dB or
less).
Sec. 46-233. Temporary suspension for storm and hurricane cleanup.
In the event of a hurricane, tropical storm, or similar extreme weather event, the City
Manager, in the City Manager's sole discretion, may temporarily suspend provisions of
this article to permit the use of gas-powered leaf blowers for debris cleanup
Sec. 46-234. Enforcement; penalties.
(a) Beginning on February 1, 2022, and extending through October 31, 2022, the city
shall engage in public education efforts to inform residents and landscape
maintenance companies of the provisions of this article and to provide assistance •
with identifying alternatives to gas-powered leaf blowers.
(b) Beginning on November 1, 2022, the city shall provide for a nine-month warning
period through and including July 31, 2023, during which the code compliance
department shall issue written warnings for violations of this article.
(c) Beginning on August 1, 2023, the code compliance department shall fully enforce the
provisions of this article.
2
(d) If a code compliance officer finds a violation of this article, the code compliance officer
shall issue a notice of violation to the property owner or the landscape maintenance
company. The notice shall inform the violator of the nature of the violation, amount
of fine for which the violator is liable, instructions and due date for paying the fine,
that the violation may be appealed by requesting an administrative hearing before a
special master within ten days after service of the notice of violation, and that the
failure to appeal the violation within ten days of service shall constitute an admission
of the violation and a waiver of the right to a hearing.
(e) A violator who has been served with a notice of violation must elect to either:
(1) Pay the following civil fine:
a. First violation within a 12-month period $250.00;
b. Second violation within a 12-month period $500.00;
c. Third or subsequent violation within a 12-month period $1,000.00;
or
(2) Request an administrative hearing before a special master to appeal the notice
of violation, which must be requested within ten days of the service of the notice
of violation. 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 this Code.
Applications for hearings must be accompanied by a fee as approved by a
resolution of the city commission, which shall be refunded if the named violator
prevails in the appeal.
(f) 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 an administrative
hearing before the special master, and shall be treated as an admission of the
violation, for which fines and penalties shall be assessed accordingly.
(g) A certified copy of an order imposing a fine may be recorded in the public records,
and thereafter shall constitute a lien upon any 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.
After three months following the recording of any such lien that remains unpaid, the
city may foreclose or otherwise execute upon the lien for the amount of the lien plus
accrued interest.
(h) 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. The special master shall not have discretion to alter the
penalties prescribed in this article. Any party aggrieved by a decision of a special
master may appeal that decision to a court of competent jurisdiction.
3
Sec. 46-23. Finawncial hardship waive_
o ?eh o income of 800% of rea median income or less on its
$�rrcvm�vi--vv�v-vr- ,��v,--rc�v,�rrn�
manager, on a form prepared by the city manager, for a financial hard.hip waiver of the
requirements of this article. The city manager may grant a waiver if the property owner or
landscape maintenance company provides evidence of the following:
(a) There is no comparable alternative product that does-not-use gas to power up
leaf blowers; or
hardship.
Such financial hardship waiver shall be valid for 12 months and may be renewable
iiss„ed after the s„bmittal of the financial hardship waiver reg„est
Sec. 46-235. Regulations on the use of chainsaws.
The use of qas-powered chainsaws is prohibited within the city. Battery- and electric-
powered chainsaws may be used within the city, consistent with the regulations set forth
in section 46-152 of the City Code. Large, gas-powered chainsaws are exempt from the
provisions of this article if their use is required to accomplish a task for which smaller
sized battery- or electric- powered chainsaws are not suitable.
Private property owners and landscape maintenance companies are encouraqed to
operate chainsaws in a manner that reduces noise qenerated by the equipment,
including, without limitation, by not continuously running equipment and by using
equipment that operates at a low decibel range (i.e. 65 dB or less).
Sec. 46-236. Temporary suspension for storm and hurricane cleanup.
In the event of a hurricane, tropical storm, or similar extreme weather event, the City
Manaqer, in the City Manager's sole discretion, may temporarily suspend provisions of
this article to permit the use of gas-powered chainsaws for debris clean.
Sec. 46-237. Enforcement; penalties.
(a) Beginning on March 1, 2023, and extending through October 31, 2024, the
city shall engage in public education efforts to inform residents and landscape
maintenance companies of the provisions of section 46-235 and to provide assistance
with identifying alternatives to gas-powered chainsaws.
(b) Beginning on November 1, 2024, the city shall provide for a nine-month
warning period throuqh and including July 31, 2025, during which the code compliance
department shall issue written warnings for violations of this article.
4
Sec. 46-237. Financial hardship waiver.
Any property owner or principal of a landscape maintenance company that reported a
household annual gross income of 80%of the area median income, or less, on its income
tax filing for the most recent tax year, may submit a written request to the city manager,
on a form prepared by the city manager, for a financial hardship waiver of the
requirements of section 46-235. The city manager may grant a waiver if the property
owner or landscape maintenance company provides evidence of the following:
(a) There is no comparable alternative product that does not use gas to power up
chainsaws; or
(b) The purchase or use of an alternative product would create an undue financial
hardship.
Such financial hardship waiver shall be valid for 12 months and may be renewable upon
application to the city manager. If an administrative hearing is requested pursuant to
subsection 46-238(e)(2), a pending financial hardship waiver request shall be grounds for
a continuance of the administrative hearing, but only if the notice of violation was issued
after the submittal of the financial hardship waiver request.
Sec. 46-238. Enforcement; penalties.
(a) Beginning on March 1, 2024, and extending through October 31, 2024, the
city shall engage in public education efforts to inform residents and landscape
maintenance companies of the provisions of section 46-235 and to provide assistance
with identifying alternatives to gas-powered chainsaws.
(b) Beginning on November 1, 2024, the city shall provide for a nine-month
warning period through and including July 31, 2025, during which the code compliance
department shall issue written warnings for violations of this article.
(c) Beginning on August 1, 2025, the code compliance department shall fully
enforce the provisions of this article.
(d) If a code compliance officer finds a violation of this article, the code
compliance officer shall issue a notice of violation to the property owner or the landscape
maintenance company. The notice shall inform the violator of the nature of the violation,
amount of fine for which the violator is liable, instructions and due date for paying the fine,
that the violation. may be appealed by requesting an administrative hearing before a
special master within ten days after service of the notice of violation, and that the failure
to appeal the violation within ten days of service shall constitute an admission of the
violation and a waiver of the right to a hearing.
(e) A violator who has been served with a notice of violation must elect to either:
(1) Pay the following civil fine:
a. First violation within a 12-month period $250.00;
b.Second violation within a 12-month period $500.00;
5
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
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
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 5. EFFECTIVE DATE.
This Ordinance shall take effect on the • . k day of Fbrieay2021_.
PASSED AND ADOPTED this 3a' day of. TCMuGfy , 202 q
ATTEST:
FEB 0 6 2024 teven Meiner, Mayor
Rafael E. Granado, City Clerk 0 ' .cy,,,4
s
'K(ORP ORATE
ti
Underline denotes additions 4
'•,;9,Q ®.•M� =
Strikethrough denotes deletions `""""" APPROVED AS TO
Double underline denotes additions on second reading FORM&LANGUAGE
St cthreugh denotes deletions on second reading & FOR EXECUTION
- ZZ-2. 4
City Attorney�/ Date
(Sponsored by Commissioner Laura Dominguez) `/Ca»
6
Ordinances - R5 K
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, CityAttomey
DATE: January 31, 2024
2:35 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 X, ENTITLED "USE OF GAS-POWERED LEAF BLOWERS," TO
CREATE DEFINITIONS; ELIMINATE THE FINANCIAL HARDSHIP WAIVER
FOR GAS-POWERED LEAF BLOWERS; PROHIBIT THE USE OF GAS-
POWERED CHAINSAWS WITHIN THE CITY OF MIAMI BEACH, PROVIDE
FOR A TEMPORARY SUSPENSION FOR STORM AND HURRICANE
CLEANUP, AND ESTABLISH ENFORCEMENT AND PENALTY
PROVISIONS; AND FURTHER PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
BACKGROUND/HISTORY
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? Yes . No
If so, specify name of lobbyist(s)and principal(s): N/A
ANALYSIS
See attached Commission Memorandum.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
N/A
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
No No '
Legislative Tracking
Page 1154 of 2002
Office of the City Attorney
Sponsor
Commissioner Laura Dominguez
ATTACHMENTS:
Description
BIE Published 01/12/2024, Supplemented 01/22/2024 to Attach 2nd Rdg. Commission
Memorandum and Ordinance
Page 1155 of 2002
A1V B[AC H
Rafael A.Paz,City Attorney
City of Miami Beach. 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miomibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Steven Meiner and Members of the City Commission
Alina T. Hudak, City Manager
SECOND READING
FROM: Rafael A. Paz, City Attorney
DATE: January 31, 2024
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 X, ENTITLED "USE OF GAS-POWERED LEAF BLOWERS," TO
CREATE DEFINITIONS; ELIMINATE THE FINANCIAL HARDSHIP WAIVER
FOR GAS-POWERED LEAF BLOWERS; PROHIBIT THE USE OF GAS-
POWERED CHAINSAWS WITHIN THE CITY OF MIAMI BEACH, PROVIDE FOR
A TEMPORARY SUSPENSION FOR STORM AND HURRICANE CLEANUP
AND OTHER EXCEPTIONS, AND ESTABLISH ENFORCEMENT AND
PENALTY PROVISIONS; AND FURTHER PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
The proposed Ordinance was prepared at the request of Commissioner Laura Dominguez. On
December 13, 2023 the Mayor and City Commission approved the Ordinance on first reading.
On June 22, 2022, the Mayor and City Commission adopted Ordinance No. 2022-4495,
prohibiting the use of gas-powered leaf blowers within the City of Miami Beach for well-established
environmental reasons and to mitigate excessive noise.
The Mayor and City Commission wish to extend the prohibition on the use of gas-powered leaf
blowers by phasing out the use of gas-powered chainsaws for similar environmental reasons.
Gas-powered chainsaws can produce a variety of pollutants that can be harmful to the
environment, including carbon monoxide, hydrocarbons, and particulate matters. The City
Commission also finds that a number of alternatives exist, such as portable or plug-in electric
chainsaws.
At first reading of the proposed Ordinance, the City Administration recommended to exempt
removal of large trees or pruning of large branches from the requirements of the Ordinance due
to the strain it would have on battery-operated chainsaws, which could create a safety hazard for
the operator in the event a battery-operated chainsaw would run out of power mid-trim.
Accordingly, the revised Ordinance prohibits the use of gas-powered chainsaws within the City
for pruning/trimming work as defined in Chapter 46 for both palms and trees, but the following
activities are exempt from the provisions of the Ordinance:
(a) the removal of a public nuisance tree(as defined in section 46-56 of this Code)conducted
by or on behalf of the City of Miami Beach;
Page 1159 of 2002
Commission Memorandum
January 31, 2023
Page 2
(b) a tree/palm removal conducted pursuant to an approved City of Miami Beach Tree
Removal Permit; and
(c) any pruning that requires a chainsaw with a bar larger than 16" (typically required for
branches larger than 10" in diameter).
As with the 2022 Ordinance, Commissioner Dominguez has proposed to provide a reasonable
phase-in period of one year during which City staff can conduct outreach to inform and educate
residents and landscape maintenance companies of the provisions of this Ordinance, and the
availability of alternatives to gas-powered chainsaws.
RAP/FA/ag
Page 1160 of 2002
•
City of Miami Beach, "700 Conve^lion Center Drive.Miami Beach.Flordo 33139.www.miamibeocnfl.gov
TO: Mayor Steven Meiner and Members of the City Commission
FROM: Alina T. Hudak, City Manager s r
MEETING DATE: January 31, 2024
SUBJECT: BUSINESS IMPACT ESTIMATE FOR:
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 X, ENTITLED "USE OF GAS-
POWERED LEAF BLOWERS," TO CREATE DEFINITIONS; ELIMINATE THE FINANCIAL
HARDSHIP WAIVER; PROHIBIT THE USE OF GAS-POWERED CHAINSAWS WITHIN THE
CITY OF MIAMI BEACH, PROVIDE FOR A TEMPORARY SUSPENSION FOR STORM AND
HURRICANE CLEANUP, AND ESTABLISH ENFORCEMENT AND PENALTY PROVISIONS;
AND FURTHER PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
Is a Business Impact Estimate Required?
RI Yes ❑ No(If no, please check one of the boxes below)
If one or more boxes are checked below, this means the City of Miami Beach has
determined that a Business Impact Estimate for the above-referenced Ordinance is not
required by State law.
❑ The proposed Ordinance is required for compliance with Federal or State law or
regulation;
❑ The proposed Ordinance relates to the issuance or refinancing of debt;
❑ The proposed Ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
0 The proposed Ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the City;
❑ The proposed Ordinance is an emergency ordinance;
❑ The Ordinance relates to procurement; or
❑ The proposed Ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
Page 1156 of 2002
Business Impact Estimate
Page 2
If none of the above exceptions apply, this Business Impact Estimate is hereby provided in
accordance with Section 166.041(4), Florida Statutes.
1. The summary of the proposed Ordinance and its purpose is more fully set forth in the
Commission Memorandum accompanying the Ordinance, as well as in the recitals to the
Ordinance itself, which are attached hereto.
2. The City of Miami Beach estimates that the proposed Ordinance will have a direct economic
impact on private, for-profit businesses in the City of Miami Beach.
Electric Chain Saw Conversion Business Impact Estimate
The Business Impact Estimate reflects the anticipated direct costs a full landscape or tree
trimming company will have to occur to transition 16" chain saws and pole pruners from gas-
powered to electric-powered. The estimate assumes a company starts by acquiring (1) pole.
pruner chain saw and(2)16"chain saws within their equipment inventory in the first year including
one back-up for each chain saw for redundancy. Experience has shown that a gas-powered chain
saw will need to be replaced once every 3-4 years and electric saws will require full chain saw
replacement once per year and replace all battery/ battery charger equipment once within a 3:
year period. No fuel or electricity charges are provided with this estimate. Below is the 3-year
expected equipment cycle cost for both,gas- and electric-powered chain saws.
•
GAS CHAIN SAWS Year 1 Year 2 Year 3
CYCLE
New Chain Saw Purchase •$3,379.94 $ - $ - COST
YEARLY COST
(CUMULATIVE) $3,379.94 $ 3,379.94 $ 3,379.94 $ 3,379.94
CYCLE
ELECTRIC SAWS Year 1 Year 2 Year 3 COST
New Chain Saw Purchase $3,159.92 $ 3,159.92 $ 3,159.92 $ 9,479.76
Battery Charger $ 719.96 $ 719.96 $ 1,439.92
Batteries $4,559.88 $ 4,559.88 $ 9,119.76
YEARLY COST
(CUMULATIVE) $8,439.76. $11,599.68 $20,039.44 $ 20,039.44
COST RATIO PER YEAR 2.50 3.43 5.93
Initially, the expected transition cost for new equipment is $5,059.82 more expensive or $2.50,
more for every dollar spent for gas powered chain saw purchases. Year 4 is when the business.
will replace their gas-powered chain saws. By Year 4, the electric-powered chain saws will have,
additional direct costs (saws, battery charger, and batteries) of$11,599.68. The final cost ratio
through Year 3 is that the electric saws will cost$5.93 more for every dollar spent on Year 1 gas.
powered chain saw purchases.
Page 1157 of 2002 •
Business Impact Estimate
Page 3
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The City does not know how many contractors are working city-wide on private commercial and
residential accounts.
4. Additional comments:
2 sporaeedPoiepnna3
$763.99 each
Tod=$11.53%.9B
2-lialtery poured Palemmas(battery not bolded)
$639.99 each($1,279.98)
2 Charges @$179.99 each($359.98)
4Batteries @$379,99 ends($1,519,96)
Total=$9Z
•
•
4-Gas poaaed 1>r Ohms
•
$459.99 each •
Toll= 96
ndiochoiere
$429.99 each($1,719.96)
2 Dagas @$179.99 ($359.98)
8 Batteries @$379.99 eadh($8,039.92)
Total= 9.a6
Page 1158 of 2002