93-2844 Ordinance
ORDINANCE NO.
93-2844
AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING MIAMI BEACH CITY CODE
CHAPTER 25, ENTITLED "OFFENSES-MISCELLANEOUS"
BY AMENDING SECTION 25-95, ENTITLED "SAME-
THROWING ON STREETS, BODIES OF WATER, PUBLIC
AND PRIVATE LANDS, ETC; POSSESSION OF GLASS OR
METAL CONTAINERS ON BEACHES UNLAWFUL" TO
PROHIBIT THE THROWING OF GARBAGE, TRASH, TREE
OR GRASS CUTTINGS, OR OTHER OBJECTS OR
SUBSTANCES INTO GUTTERS, DRAINS OR SEWERS AND
TO REQUIRE ALL RESTAURANTS WITH TAKE OUT
SERVICE TO MAINTAIN GARBAGE CONTAINERS IN
APPROVED LOCATIONS NEAR THEIR PREMISES;
REPEALING CURRENT SECTION 25-96 WHICH CONTAINS
SAID PROHIBITION AND RENUMBERING CURRENT
SECTION 25-96.1 PERTAINING TO DEAD TREES AS
25-96; PROVIDING FOR A REPEALER, SEVERABILITY
AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1.
AMENDMENT OF SECTION 25-95.
That section 25-95 of Miami Beach City Code Chapter 25,
entitled "Offenses-Miscellaneous" is hereby amended to read as
follows:
Sec. 25-95.
Same--Throwing litter on streets, bodies of
water, public and private lands, etc; possession of
glass or metal containers on beaches unlawful L-
sweeDinq or throwinq litter in qutters, etc; qarbage
containers required for take out restaurants; civil
fines for violation.
(a) It shall be unlawful for any person to throw, discard,place or
deposit litter in any manner or amount whatsoever in or on any
public highway, road, street, alley, thoroughfare or any other
public lands, 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 fresh water lakes, rivers, streams 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 property, 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.
(b) It shall be unlawful for any person to carry onto any beach
within the city a glass bottle or other glass container or metal
container.
See. 25 96. Same Throwing into gutters, ete.
iQl It shall be unlawful for anY person to sweep, cast or throw,
or cause to be cast or thrown, into anY of the gutters, drains or
sewers within the city anY qarbaqe. trash, tree or qrass cuttinqs
or other obiects or substances.
iQl All restaurants with take out service shall have UP to four
(4) qarbaqe containers, as need requires, based on the
determination of the city Manaqer or his/her desiqnee. The
containers shall be located in front of and within fifty feet in
each direction of the premises at locations approved by the city
Manaqer or his/her desiqnee. Said containers shall be kept in
clean and sanitary condition at all times and shall be emptied
dailY or more frequently if necessary to prevent overflowinq. The
qarbaqe containers required by this section are in addition to
those required by Section 14A of this code.
Lgl The followinq civil fines shall be imposed for violations of
this section in accordance with the procedures listed in section
25-126:
=
$50 fine
$100 fine
$500 fine
First citation
Second citation
Third citation
=
=
SECTION 2. REPEAL OF SECTION 25-96.
That Section 25-96 of Miami Beach City Code Chapter 25
entitled "Offenses--Miscellaneous" is hereby repealed.
See. 25 96. Same Throwing into qutters, ete.
It Dhall be unla\.ful for any perDon to caDt or thro\l, or caUDe
to be caDt or thro\ln, into any of the gutterD, drainD or De\.erD
\:ithin the city any garbage, traDh, tree or graDD cuttingD or other
DubDtance calculated to caUDe any obDtruction or nuiDanco to the
gutterD, drainD or DeverD. (Code 1950, C 22.78.)
SECTION 3. RENUMBERING OF SECTION 25-96.1.
~
That Miami Beach city Code section 25-96.1 is hereby
renumbered as section 25-96.
SECTION 4.
REPEALER.
All ordinances or parts of ordinances in conflict herewith be
and the same are hereby repealed.
SECTION 5.
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 6.
EFFECTIVE DATE
This ordinance shall take effect ten (10) days after its
adoption, on
May 1
, 1993.
PASSED and ADOPTED this 21st
, 1993.
ATTEST:
-
t.~
CITY CLERK
1st reading 4/8/93
2nd reading 4/21/93
SWS:scf:disk4\litter.ord
FORM APPROVED
LEGAl otPT. ) a2(
By \v)e{'1(.~</ !J~~'V c.- ,
Date {;11"5 1./- (- "')
~
CITY OF
MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER
TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. d a 3 -q3
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE: April 21, 1993
FROM:
Roger M. ea..L:l. .. IJ I
City Manage;~
SUBJECT:
REVISIONS TO MISCELLANEOOS OFFENSES--CHAPTER 25 OF THE
CITY CODE REGARDING LITTER
Administrative Recommendation
The Administration recommends the adoption of this proposed
amendment on second reading of section 25-95 pertaining to litter.
Analysis:
Sect. 25-95(a}
prohibits any person to discard or deposit
litter on any public highway, road,
street, alley or any other public land,
lake, stream or coastal waters except in
a lawful container.
Sect. 25-95(b)
prohibits glass bottles, glass or metal
containers on any beach.
Sect. 25-95(c}
prohibi ts the sweeping or throwing of
trash into gutters, drains, and sewers
within the city.
Sect. 25-95(d)
requires all restaurants to provide up to
four garbage containers approved by the
city, said containers shall be maintained
in a clean and sanitary condition and
emptied daily.
Sect. 25-95(e}
provides for civil fines in accordance
with procedures under 25-126 of the
City Code.
CONCLOSION
The throwing of litter, trash, and d('~bris on beaches, streets,
public and private lands is prohibited.
This proposal provides a method to maintain our streets, beaches,
and sidewalks free of trash and debris and prescribes penalties for
offenders.
35
DATE
R-3-~
1-.\ - 2\-Cf3~
AGENDA
ITEM