2010-3708 Ordinance ORDINANCE I 2010 -3708;
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE
MIAMI BEACH CITY CODE, ENTITLED "ENVIRONMENT," BY
AMENDING ARTICLE III THEREOF, ENTITLED "LITTER," BY
AMENDING SECTION 46 -92 TO CLARIFY AND PROVIDE FOR
ADDITIONAL PROHIBITIONS AND DEFINITIONS FOR LITTER WITH
REGARD TO LEAF BLOWERS AND YARD MAINTENANCE DEBRIS,
AND CLARIFYING PENALTIES FOR CERTAIN LITTER VIOLATIONS;
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND
AN EFFECTIVE DATE.
WHEREAS, the City declares that it is in the interest of the public health, safety, and
welfare to reduce pollutants on the land and those that enter into the air and waters of the City;
and
WHEREAS, the discharge of. yard maintenance debris into the City's storm drains and
sewers by leaf blowing equipment and other similar devices diminishes the effective functioning
of the City's sewer system and pollutes and damages the City's waterways and ecosystems;
and
WHEREAS, the spreading of debris, dust, fecal matter, pesticides, fungi, chemicals,
fertilizers, and dirt onto adjoining properties and public rights -of -way by leaf blowing equipment
and other similar devices, causes litter, erodes and degrades soils, and is a health hazard; and
WHEREAS, the spreading of various airborne particles and potential pollutants from leaf
blowing equipment and other similar devices also contributes to health hazards such as asthma
and other respiratory diseases, and eye injuries due to the propulsion of debris and other matter
from the high velocity air stream emitted from the equipment and other similar devices.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE .MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Article III, entitled "Litter," of Chapter 46 of the Miami Beach City Code,
entitled "Environment," is hereby amended as follows:
CHAPTER 46
ENVIRONMENT
* * *
ARTICLE 111 LITTER
Sec. 46 -92. Prohibitions on Litter; possession of glass or metal containers on beaches
unlawful; sweeping or throwing litter i on public and private
properties unlawful; garbage containers required for take -out restaurants;
rebuttable presumptions; civil fines for violations; seizure; removal;
definitions; enforcement; appeals; liens.
(a) 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, 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, 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
or metal bottle or other glass or metal container.
(c) 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,
OF 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.
(d) 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.
(e) The following civil fines shall be imposed for violations of this section except as
provided in subsections (f) below.
(1) First offense, $50.00 fine.
(2) Second offense, $100.00 fine.
(3) Third offense or subsequent offense, $500.00 fine.
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In lieu of a fine, the special master may accept voluntary community service removing litter in
the city equivalent to one hour of community service for each $5.00 of an imposed fine. If the
community service is not completed within six months of an adjudication of guilt, the fine shall
be reinstated.
(f) If a violation of this section resulted from the throwing, discarding, placing, or
depositing, or causing to be thrown, discarded, placed, or deposited, of commercial handbills as
litter, then the following civil fines shall be imposed. The special master shall not have discretion
to alter these prescribed penalties except as to the per handbill fine of $50.00 provided in (f)(1).
(1) If the offense is the first offense, $100.00 fine plus $50.00 per handbill;
(2) If the offense is the second offense within the preceding 12 months, $500.00 fine
plus $50.00 per handbill;
(3) If the offense is the third or subsequent offense within the preceding 12 months,
$1,500.00 fine plus $50.00 per handbill.
(4) Notwithstanding subsections (f)(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.
(g) 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 master 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.
(h) 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 master; all commercial handbills in the possession of the violator.
(i) The city may cause the removal, at the violator's expense, of all litter distributed
or placed in violation of this section.
(j) Definitions:
(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.
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ti
(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, 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, baywaik, cutwalk, park, or in a gutter, drain,
or sewer, or on any other public property, right -of wav, 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.
(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.
(k) Enforcement by code compliance officers; notice of violation. If a code
compliance officer finds a violation of this article, such code compliance officer shall issue a
notice of violation to the violator as provided in chapter 30. 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 20 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.
(I) 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 notice of violation shall elect either
to:
a. Pay the civil fine in the manner indicated on the notice; or
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b. Request an administrative hearing before a special master
appointed by the city commission upon recommendation of the
city manager to appeal the decision of the code compliance officer
which resulted in the issuance 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 102 -384 and 102 -385 of the City
Code.
(3) If the named violator after notice fails to pay the civil fine or fails to timely
request an administrative hearing before a special master, the special
master shall be informed of such failure by report from the code
compliance officer. Failure of the named violator to appeal the decision of
the code compliance officer within the prescribed time period shall
constitute a waiver of the violators right to administrative hearing before
the special master. A waiver of the right to an administrative hearing shall
be treated as an admission of the violation and penalties may be
assessed accordingly.
(4) Any party aggrieved by the decision of the special master may appeal the
decision in accordance with law.
(m) 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 and it may be enforced in the
same manner as a court judgment by the sheriffs of this state, including
levy against the personal property, but shall not be deemed to be a court
judgment except for enforcement purposes. After two months from the
filing of any such lien which remains unpaid, the city may foreclose or
otherwise execute upon the lien.
(n) Nothing in this article shall limit or restrict any condition or limitation imposed by
the planning board.
(o) 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.
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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 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 3. Severability.
If any section, sentence, clause or phrase of this o dinance 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. Repealer.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 5. Effective Date.
This Ordinance shall take effect the 27th day of,November, 2010
I__
PASSED and ADOPTED this 17th day of ` ; Novembe 2010 o
ATTEST:
,Avarz J.A
1 ■CY pait dA,M
i Herrera � owe , Mayor
Robert Parcher, City Clerk
APPROVED AS TO
F UAGE
f0 • ► TION
Underline denotes additions
denotes deletions 4D .�, i' ORM
F: \alto \TURN \ORDINANC \Prohibitions on Litter - Leaf Blowers (revised).docx
6
COMMISSION ITEM SUMMARY
Condensed Title:
1 An Ordinance amending Article III, Chapter 46 of the City Code entitled "Litter ".
Key Intended Outcome Supported:
Improve cleanliness of Miami Beach waterways and right-of-ways, especially in business areas.
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2009 Customer Satisfaction
Survey, 83% of cleanliness assessments Citywide rated the City as clean or very clean.
Issue:
Shall the Mayor and City Commission amend the Ordinance?
Item Summary /Recommendation:
SECOND READING PUBLIC HEARING
It is in the interest of the public health, safety, and welfare to reduce pollutants on the land and those that
have the potential to enter into the air and waters of the City. Leaf blowers, when used to move debris into
the City right -of -ways (ROW), streets, and stormwater system, can contribute to the spread of dust, fecal
matter, pesticides, chemicals, fertilizers, and dirt onto adjoining properties and public ROW, contributing to
unsightly litter and damage to City infrastructure and resources.
The stormwater system drains rainwater from the City streets into adjacent water bodies via a system of
drains and interconnected piping. Yard maintenance debris can clog the stormwater system and diminish
its effectiveness during rain events. Debris that is blown into the public ROW by leaf blowers or other
means can enter the City's municipal stormwater system and can contribute to water pollution and damage
the delicate Biscayne Bay ecosystem.
These amendments include: expanding the prohibitions on litter to include sweeping or throwing litter on
private properties; clarifing the language of the Ordinance so it is clear that 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,
into any of the gutters, drains or sewers, or public ROW within the city or upon any adjacent property, any
garbage, litter, paper, handbill trash, tree, plant, or grass cuttings, leaves, yard maintenance debris, or
other objects or substances; and revising the definition of litter to include tree, plant, and grass cuttings,
leaves or other yard maintenance debris in a gutter, drain, or sewer, or on any other public property, ROW.
The City Commission approved the Ordinance Amendment on First Reading at their meeting on October
27, 2010.
THE ADMINISTRATION RECOMMENDS THE CITY COMMISSION AMEND THE ORDINANCE ON
SECOND READING.
Advisory Board Recommendation:
Sustainability Committee July 20, 2010 and Neighborhoods/ Community Affairs Committee October 5,
2010, both endorsed the proposed amendments.
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Fernando Vazquez ext. 6399
Sign -Offs:
Department Dire • r Assistant Ci ) / anager City Ma / , - r
FHB �/ JGG .. %il JMG
T:\AGENDA\2010\November 17\Regular \Leaf Blower Ordinan Unwary 2nd Reading.doc
miAmI � AGENDA ITEM SSE.
DATE t 1 -11'40
Cr___A MI AMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager Cdr'
DATE: November 17, 2010
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 MIAMI BEACH
CITY CODE, ENTITLED "ENVIRONMENT," BY AMENDING ARTICLE III
THEREOF, ENTITLED "LITTER," BY AMENDING SECTION 46 -92 TO CLARIFY
AND PROVIDE FOR ADDITIONAL PROHIBITIONS AND DEFINITIONS FOR
LITTER WITH REGARD TO LEAF BLOWERS AND YARD MAINTENANCE
DEBRIS, AND CLARIFYING PENALTIES FOR CERTAIN LITTER VIOLATIONS;
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission approve the Ordinance amendment on
second reading.
BACKGROUND
At the City Commission hearing held on October 27, 2010, the Mayor and City Commission
approved the Ordinance on first reading and set a second reading public hearing for November 17,
2010.
It is in the interest of the public health, safety, and welfare to reduce pollutants on the land and those
that have the potential to enter into the air and waters of the City. Leaf blowers, when used to move
debris into the City right -of -ways (ROW), streets, and stormwa system, can contribute to the
spread of dust, fecal matter, pesticides, chemicals, fertilizers, and dirt onto adjoining properties and
public rights -of -way, contributing to unsightly litter and damage to City infrastructure and resources.
The stormwater system drains rainwater from the City streets into adjacent water bodies via a
network of swales, gutters, drains and piping. When rain events occur, rainwater is intended to
move through the stormwater system and drain the City to prevent flooding. Any debris that is blown
into the public ROW by leaf blowers or other means has the potential to enter the stormwater
system. Plant clippings, grass cuttings, leaves and other yard maintenance debris can be carried by
rainwater into the stormwater system, potentially clogging the drains and diminishing the system's
effectiveness during rain events. In addition, the stormwater system drains into Biscayne Bay and
any debris in the system could contribute to water pollution and potentially damage the delicate
ecosystem of the Biscayne Bay Aquatic Preserve. In addition, leaf blowers can temporarily suspend
particulate matter such as dust, pollen, and chemical pollutants that may contribute to the health
hazards such as asthma, respiratory diseases, and eye injuries due to the propulsion of debris.
City Commission Memo- Litter Amendments, Second Reading
November 17, 2010 •
Page2of3
ANALYSIS
The leaf blower ordinance amendment was sponsored by Commissioner Michael Gongora and
referred by the City Commission to the Sustainability Committee. At the July 20 2010 Sustainability
Committee meeting, a motion was passed in support of the proposed amendments to Chapter 46 of
the City Code to address pollution caused by leaf blower use and recommend that the City
Commission pass these amendments.
The following amendments are proposed to Chapter 46, Article III entitled "Litter":
• Expand the prohibitions on litter to include sweeping or throwing litter on private properties.
• Refine the language of the ordinance so it is clear that it shall be unlawful for any person to
use leaf blowers, or any other means, to sweep, cast f or throw, or cause to be cast or
thrown, into any of the gutters, drains or sewers, or public rights -of -way within the city or
upon any adjacent property, any garbage, litter, paper, handbill trash, tree, plant, or grass
cuttings, leaves, yard maintenance debris, or other objects or substances.
• Clarify that the civil fine of a third or subsequent offense is $500.
• Revise the definition of litter to include tree, plant, and grass cuttings, leaves or other yard
maintenance debris in a gutter, drain, or sewer, or on any other public property, ROW.
The proposed amendments allow leaf blowers to be used in a legal manner to collect debris and
trash however, it makes it unlawful to use leaf blowers to discard debris into public or private
property. Other sections of the Chapter 46, Article III entitled "Litter" remain unchanged.
FISCAL IMPACT AND ENFORCEABILITY
The Administration developed a preliminary fiscal impact analysis for the implementation of the
proposed amendement to Chapter 46 of the City Code. The components associated with
implementation and enforcement of this Ordinance are identified in three functional areas: (1) Code
Compliance Officer Training (CCO); (2) Public Education and Community Outreach; and (3) Case
Issuance and Processing.
CCO Training will require the development of procedures, and three training modules to ascertain
that all CCOs are effectively cross - trained regardless of shift assignments. Comprehensive training
of CCOs and related staff is projected at approximately $2,000, to include recurring training as
needed.
Education and community outreach is proposed to include; direct mailing to residents ($445 per
1,000 postcards including postage), inclusion in Miami Beach Magazine and website (no cost), and
direct CCO community outreach education with residents and landscape companies. In addition,
Landscape Companies /Gardeners will be provided with the new requirements while obtaining the
annual license /permit requirements from the Licensing Division — Finance Department. Case
process is forecasted at three violations per month, with an annual recurring cost of approximately
$4,500 per year. Thus, the collective forecasted fiscal impact for the Code Compliance Division —
Building Department will be of approximately $7,000 per year in the initial year, and of $4,000 in
subsequent years.
The proposed amendments allow for the continued use of leaf blowers in a legal manner to collect
debris and trash; however, the amendments make it unlawful to use leaf blowers to discard debris
into public or private property. Other sections of Chapter 46, Article III entitled "Litter" remain
unchanged. The enforcement of this amendement shall require that the CCO witness the act.
City Commission Memo- Litter Amendments, Second Reading
November 17, 2010
Page 3 of 3
Therefore, the notices of violaton will be issued while an officer is on patrol, or engaged in other
duties, and require witnessesing the violation in progress.
On October 5 2010, the Neighborhoods /Community Affairs Committee (NCAC) reviewed the
proposed amendments to the Chapter 46 and commented that a significant internal educational
component should accompany the implementation of the amendment, specifically to the City's Parks
and Recreation Department employees. The NCAC approved the proposed amendments and
recommended the item move to Commission for approval.
CONCLUSION
The Administration recommends that the Mayor and City Commission amend Chapter 46, entitled
"Environment" by amending Article III, entitled "Litter" by amending Section 46 -92 to clarify and
provide for additional prohibitions on litter with regard to leaf blowers and yard maintenance debris.
JMG /JGG /FHB /FV /LEB /EW
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II _
THURSDAY, NOVEMBER 4, 2010 1 17NE
MIAMIBE
CITY OF MIAMI BEACH
NOTICE PUBLIC HEARINGS
NOTICE IS HEREBY given that second readings . and public .hearings
will be held by the Mayor and. City Commission of the City of Miami
Beach, Florida, in the Commission Chambers, 3rd floor, City Hall,
1700 Convention Center Drive, Miami Beach, Florida, on Wednesday,
November 1r, 2010, to considerthe following:
11:10 a.m. •
Ordinance Amending The Miami Beach Employees' Retirement Plan;
Implementing ' Provisions Of The 2009 -2012 Collect Bargaining
Agreement Between The City And The Communications Workers Of I
America, Local 3178 (CWA).
Inquiries may be directed to the Human Resources Department
(305) 673 -7520.
11 •30 a.m.
An Ordinance Amending The Code Of The City Of Miami Beach, By .
Amending Chapter 118, "Administration And Reviev,r Procedures,"
Article 1, "In General," Section 118 -6, "Use Of, And Cost Recovery For,
Consultants For Applications For Development Approval,' By Specifying
Requirements For Reports To Be In Writing, To Be Submitted By A
Specified Deadline, And For The Author. Of Said Reports To Be Present
At Public Hearing. •
Inquiries may be directed to the Planning Department (305) 673 -7550. •
11:31 a.m.
• Ordinance Amending Chapter 46 Of The Miami Beach City Code, Entitled
"Environment," By Amending Article III Thereof, Entitled "Litter," By
Amending Section 46 -92 To Clarify And Provide For Additional Prohibitions
And Definitions For Litter With Regard To Leaf Blowers And Yard
Maintenance Debris, And Clarifying Penalties For Certain Utter Violations.
Inquiries may be directed to Public Works Department at (305) 673 -7080.
11:32 a.m. -
Ordinance Amending The Code Of The City Of Miami Beach, By Amending
Chapter 106, "Traffic And Vehicles," Article V, "Police Vehicle Towing,''
Division 2, "Permit," Section 106 -213, "Application," To Reduce The
Number Of Police Vehicle Towing Permits From Three To Two
Inquiries may be directed to the Parking Department (305) 673 -7275.
INTERESTED PARTIES are invited to appear at this meeting or be
represented by an agent or to express their views in writing addressed
to the City Commission c/o the City Clerk, 1700 Convention Center Drive,
1st Floor, City Hall, Miami Beach, Florida 33139. This meeting may be
opened and continued and under such circumstances additional legal
notice would not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, FL Statutes, the City her' eby advises the
public that: 11 a person decides to appeal any decision made by the
City. Commission with respect to any matter considered at its meeting
or its hearing, such person must ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence
upon which the appeal is to be based. This notice does not constitute
consent by the City for the introduction or admission of otherwise
inadmissible or irrelevant evidence, nor does it authorize challenges or
appeals not otherwise allowed by law.
An accordance with the Americans with Disabilities Act of 1990, persons
needing special accommodation to participate in this proceeding, or to
request information on access for persons with disabilities, or to request
this publication in accessible format, or to request sign language
interpreters, should contact the City Clerk's office at (305) 673 -7411,
no later than four days prior to the proceeding. If hearing impaired,
contact the .City .Clerk's ;office via. the Florida Relay Service numbers;
(800) 955 -8771 (TTY) or (800) 955 -8770 (VOICE). AD # 634