2012-3759 Ordinance ORDINANCE 2012-3759
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 PROVIDE COMPREHENSIVE
AMENDMENTS THERETO BY AMENDING THE DEFINITION OF
LITTER AND THE LITTER PROHIBITION PROVISIONS IN
SUBSECTIONS (A) AND (B); PROHIBITING STYROFOAM
PRODUCTS AND PLASTIC STRAWS ON CITY BEACHES; RE-
LETTERING AND RENAMING EXISTING PROVISIONS IN
SUBSECTIONS (A) THROUGH (0) FOR EASE OF REFERENCE AND
CREATING NEW PROVISIONS IN SUBSECTION (G) TO PROVIDE
PROHIBITIONS ON THE DISTRIBUTION ' OF COMMERCIAL
HANDBILLS: A) IN THE ART DECO HISTORIC DISTRICT DURING
HIGH IMPACT PERIODS IN THE CITY; B) WITHIN 20 FEET OF
SIDEWALK CAFES; AND C) ON CITY BEACHES EAST OF THE
DUNES, PROVIDING FINES AND PENALTIES FOR THE VIOLATION
OF SUBSECTION (G) IN THE RE-LETTERED SUBSECTION (H); AND
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND
AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach ("City") declares that it is in the interest of the
public health, safety, and welfare to reduce litter and pollutants on the land and the waters of the
City which is a major and internationally recognized tourist destination; and
WHEREAS, polystyrene foam ("styrofoam"), a petroleum based by-product, and plastic
straws are not readily recyclable, non-biodegradable, and take several decades to hundreds of
years to deteriorate in the environment or in a landfill; and
WHEREAS, styrofoam is easily capable of breaking into small pieces that pose a health
hazard to wildlife, including nesting turtles on the City's beaches, is difficult if not impossible to
clean from the sand by sand cleaning equipment, and contributes to litter and pollution on the
City's beaches; and
WHEREAS, plastic straws are similarly non-biodegradable and not able to be effectively
removed from the City's sandy beaches by the daily cleaning efforts engaged in by Miami-Dade
County; and
WHEREAS, it has come to the attention of the City that there is a proliferation of
discarded plastic straws on the beach as a result of businesses providing plastic straws with
beverage service on the beach; and
WHEREAS, in order to better protect the City's beaches, and to reduce the
environmental impact of styrofoam and plastic straws on the City's beaches, styrofoam products
should be prohibited on the City's beaches and businesses that provide beverage service on the
beach should be prohibited from providing plastic straws with such service; and
WHEREAS, the distribution of commercial handbills on the heavily traveled pedestrian
sidewalks on Ocean Drive, Lincoln Road, Washington Avenue, and Collins Avenue causes
increased pedestrian congestion, harassment of tourists and residents who traverse these
historically designated streets, and increased litter on sidewalks, streets, and in sidewalk cafe
areas; and
WHEREAS, the harassing and excessive commercial handbill distribution on Ocean
Drive, Lincoln Road, Washington Avenue, and Collins Avenue has resulted in significant
complaints to the City, and to local business owners, from residents and tourists who seek a
pleasant strolling and sightseeing experience and is an invasion of the privacy of pedestrians
and a detrimental nuisance which adversely impacts the City's tourist industry, especially during
high impact periods in the City; and
WHEREAS, excessive and harassing commercial handbill distribution on the public
rights-of-way that are adjacent to and within permitted sidewalk cafe areas is also a detrimental
nuisance which invades the privacy of cafe diners and adversely impacts the City's interests in
preserving its aesthetic ambience, tourist industry, and image as a beautiful and enjoyable
beachfront destination; and
WHEREAS, in addition, those residents and visitors in the City that seek to enjoy and
relax on the City's world renowned beaches are similarly harassed by the nuisance of
commercial handbill distribution, especially during high impact periods in the City, and such
activity contributes to litter, visual blight, and negative environmental impacts on the City's
beaches; and
WHEREAS, it is in the best interest of the City to preserve and enhance the
attractiveness of its historic streets and world famous beaches by imposing restrictions on the
distribution of commercial handbills within twenty (20) feet of all sidewalk cafes, on the heavily
traveled pedestrian sidewalks on Ocean Drive, Washington Avenue, Collins Avenue, and
Lincoln Road during high impact periods, and on the City's beaches east of the dunes.
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 III. LITTER
Division 1. Generally
2
Sec. 46-92. Litter; Definitions; Prohibitions on litter; Penalties for litter
and commercial handbill violations; Commercial handbill regulations, fines,
and ,possess' ^for.--o glass OF metal—Gontai;,eFs on heaGhe6 .IRI-244 .
q" hvage sontainM FequiMd—far take GUt FestaWants; rebuttable
presumptions; ; seizure;and removal of litter by the
cam; defiR74°^^c; enforcement; appeals; liens.
to (j 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:
(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.
(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, styrofoam or
plastic products, 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,
baywalk, cutwalk, park, or in a gutter, drain, or sewer, or on any other
public property, right-of-way 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..
3
{a}LbI Litter prohibited. 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, sidewalk cafe areas, 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, including but not limited to
sidewalk cafe furniture and fixtures, 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.
kb}LcJ Prohibitions on beaches. 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. In addition, it shall
be unlawful for any person to carry any styrofoam product onto any beach within the city or for
any business to provide plastic straws with the service or delivery of any beverage to patrons on
the beach.
�c4Sg� Prohibitions on causing litter in sewers and on public and private property. 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, drain, 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.
k}Lel Garbage container requirements for restaurants. 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}Mf Penalties for violations. The following civil fines shall be imposed for violations of
this section except as provided in subsections (h) below:
(1) First offense: $50.00 fine.
(2) Second offense: $100.00 fine.
(3) Third or subsequent offense: $500.00 fine.
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.
4
L(al Prohibitions on commercial handbill distribution.
Definitions. The following words, terms and phrases, when used in this
section, shall have the meanings ascribed to them in this subsection,
except where the context clearly indicates a different meaning:
(a) Art Deco Historic District means that area within the boundaries
of the National Register Historic District (the Miami Beach
Architectural District) as set forth in Appendix A.
High Impact Periods mean those periods of time as annually
designated by the City Manager during which one or more of the
following occur: i) there is a designated major event period: ii) a
maintenance of traffic plan is required (e.g., including, but not
limited to, street closures, lane closures, shuttle service.): iii) hotel
occupancy levels are anticipated to be greater than 75%: iv)
mutual aid or other assistance from outside agencies is required
to provide for the safety and wellbeing of residents and visitors to
the destination: and, v) an event on public propertV is anticipated
to result in more than 25,000 visitors to the destination.
(c) Right-of-Way means and includes, but is not limited to, any state,
county, or city owned public street, sidewalk, street corner, curb,
bicycle path, or pedestrian walkway.
Art Deco Historic District During High Impact Periods. Commercial
handbills shall not be distributed in the Art Deco Historic District during
high impact periods on Ocean Drive from 6th through 15' Streets,
Washington Avenue from 6t through 17 th Streets, Collins Avenue from 6th
through 17th Streets, and on any portion of Lincoln Road.
Sidewalk Cafes. Commercial handbills shall not be distributed on the
right-of-way a) within twenty (20) feet in any direction from the outside
perimeter of any approved sidewalk cafe (as indicated in the approved
site plan attached to the city issued permit) and b) on any right-of-way
within the approved sidewalk cafe.
Beaches. Commercial handbills shall not be distributed on any City beach
east of the dunes.
(9) h Penalties for commercial handbill violations. If a violation resulted
from the throwing, discarding, placing, or depositing, or causing to be thrown, discarded, placed,
or deposited, of commercial handbills as litter in violation of subsection (b), or resulted from a
violation of subsection (g), 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 subsection (f)(1).
(1) If the offense is the first offense, $100.00 fine, plus $50.00 per handbill for
a violation of subsection (b);
5
(2) If the offense is the second offense within the preceding 12 months,
$500.00 fine, plus $50.00 per handbill for a violation of subsection (b);
(3) If the offense is the third or subsequent offense within the preceding 12
months, $1,500.00 fine, plus $50.00 per handbill for a violation of
subsection (b);
(4) Notwithstanding subsections {#3Lhj(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 for a violation of subsection (b).
F@4L Commercial handbill presumption. 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.
{4U Securing of commercial handbill litter by the city. 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.
4Lkj Removal of litter by the city. The city may cause the removal, at the violator's
expense, of all litter distributed or placed in violation of this section.
[Note: former subsection 0) has been moved to subsection (a)]
{k)L 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.
{4Lq2j 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
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.
6
(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 violator's 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.
km)Lnl 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.
{ 4Lol Planning Board authority. Nothing in this article shall limit or restrict any
condition or limitation imposed by the planning board.
fe}JpJ 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.
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.
7
SECTION 3. 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 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 21st day of April ' 2012.
PASSED and ADOPTED this 11th day of April , 2012.
ATTEST:
Q Ma Herrera ower, Mayor
Robert Parcher, City Clerk
Underline denotes additions APPROVED AS TO
denotes deletio �� BF FORM ANGUAGE .
FO CUTION
-INCORP ORATED? A ORNEY
Cb
Rcl-i 26
HACode ComplianceTlyers\Commercial Handbills and Litter NCAC 2 27 12.docx
8
COMMISSION ITEM SUMMARY
Condensed Title:
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," Article III, Section 46-92 By Amending The Definition Of Litter And The Litter Prohibition Provisions In
Subsections (A) And (B); Prohibiting Styrofoam Products And Plastic Straws On City Beaches; Re-Lettering And Renaming Existing
Provisions In Subsections (A)Through (0) And Creating New Provisions In Subsection (G)To Provide Prohibitions On The Distribution Of
Commercial Handbills: a) In The Art Deco Historic District During High Impact Periods In The City; b) Within 20 Feet Of Sidewalk Cafes;
And c) On City Beaches East Of The Dunes, Providing Fines And Penalties For The Violation Of Subsection (G) In The Re-Lettered
Subsection (H); And Providing For Repealer; Severability;Codification;And An Effective Date.
Key Intended Outcome Supported:
Improve cleanliness of Miami Beach rights of way, especially in business areas; Improve cleanliness of city beaches; Ensure compliance
with code within reasonable time frame; Preserve our beaches; Enhance the environmental sustainability of the community
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2009 Customer Satisfaction Survey, 73% of residents and
66% of businesses rated cleanliness of streets in business/commercial areas as excellent or good. Additionally, 83% of the City's
residents and 85%of the City's businesses rated the overall appearance of beaches as excellent or good.
Issue:
Should the City Commission adopt the proposed Ordinance on first reading?
Item Summa /Recommendation:
SECOND READING / PUBLIC HEARING At its August 31, 2010 meeting, the Neighborhood/Community Affairs Committee (NCAC)
recommended the amendment of the City's Litter Ordinance to prohibit the presence of polystyrene (Styrofoam) products on our beaches.
Subsequently, the City Commission, at its October 27, 2010 meeting, approved the Committee's recommendation. An ordinance
amendment was being developed but was pending further discussion on other items relating to litter. At the request of Commissioner Libbin
at the December 14, 2011 City Commission meeting, the City Commission referred an item regarding enforcement of litter laws, handbills,
and sidewalk cafe regulations to the NCAC for further discussion. In addition, at the request of Commissioner Exposito at the February 8,
2012 City Commission meeting, the City Commission referred an item regarding the use of plastic straws on the beach to the NCAC for
discussion.
Polystyrene Products: Research reflects that items made of polystyrene, also known as Styrofoam, are oftentimes carried away by the
wind and they disintegrate into smaller pieces, posing a major a threat to the marine and coastal environment. The attached ordinance
amendment will incorporate Styrofoam as a type of litter,and will prohibit any person from taking Styrofoam onto our beaches.
Plastic Straws: The use of plastic straws by the City's permitted beachfront concessionaires is prohibited in all of the City's beaches. The
shape of plastic straws makes it difficult for straws to be picked up by sand sifting machines or manual labor. The proposed amendment to
the litter ordinance would prohibit any business that services or delivers beverages to persons on the beach from providing plastic straws.
Should this amendment not address this issue,further restrictions can be contemplated in the future.
Handbills: Unwanted commercial handbills are oftentimes left behind by patrons, littering our beaches. The Administration is proposing a
ban on the distribution of commercial handbills from person to person on the beach, east of the dunes, and on the Boardwalk, Beachwalk,
Baywalk and Cutwalk. Unsolicited commercial handbills are also commonplace in our sidewalk cafes, where patrons are approached by
individuals passing out flyers. The Administration is proposing a ban on the distribution of commercial handbills within 20 feet of a sidewalk
cafe. Lastly, and as discussed during the joint Finance and Citywide Projects Committee and Neighborhood/Community Affairs Committee
meeting on January 19, 2012, the proliferation and accumulation of commercial handbills during certain high visitor volume periods found
discarded in certain areas of the City has become a major litter issue and constitutes a public health hazard. The Administration proposed,
and the Committees approved, moving forward with a ban on the distribution of commercial handbills in certain areas of the City during high
impact periods such as New Year's Eve and Memorial Day Weekend. In an effort to address issues regarding litter on the beach and our
City, the following amendments were recommended to the NCAC at its February 27, 2012 meeting: 1) Prohibit Styrofoam products on our
beaches; 2) Prohibit Businesses that provide beverage services to persons on the beach from providing plastic straws; 3) Prohibit the
distribution of commercial handbills on our beaches, east of the dune; 4) Prohibit the distribution of handbills within twenty(20) feet in any
direction from the outside perimeter of a sidewalk cafe, and on the right-of-way within the approved sidewalk cafe; and 5) Prohibit the
distribution of commercial handbills in certain portions of the Art Deco Historic District during High Impact Periods. The NCAC
recommended the adoption of the ordinance to the City Commission. It was approved on first reading by the City Commission at
the March 21, 2012 meeting.The Administration recommends that the City Commission adopt the proposed Ordinance.
Advisory Board Recommendation:
Neighborhood/Community Affairs Committee and Finance and Citywide Projects Committee(Joint January 19,2012 meeting; and February
27, 2012 Neighborhood/Community Affairs Committee).
Financial Information:
Source of Funds: Amount Account
1
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Sign-Offs:
Department Director ssi nt City Manager City Manager
T:AGENDA\2012W11-121itter Polystyrene Handbill Straws 2nd Reading kurnmary.doex
IM MIAMIBEACH AGENDA ITEM R S E
Ni�v DATE -I Z
IM MIAMI BEACH
OFFICE OF THE CITY MANAGER
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: April 11, 2012 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 PROVIDE COMPREHENSIVE
AMENDMENTS THERETO BY AMENDING THE DEFINITION OF
LITTER AND THE LITTER PROHIBITION PROVISIONS IN
SUBSECTIONS (A) AND (B); PROHIBITING STYROFOAM
PRODUCTS AND PLASTIC STRAWS ON CITY BEACHES; RE-
LETTERING AND RENAMING EXISTING PROVISIONS IN
SUBSECTIONS (A) THROUGH (0) FOR EASE OF REFERENCE AND
CREATING NEW PROVISIONS IN SUBSECTION (G) TO PROVIDE
PROHIBITIONS ON THE DISTRIBUTION OF COMMERCIAL
HANDBILLS: A) IN THE ART DECO HISTORIC DISTRICT DURING
HIGH IMPACT PERIODS IN THE CITY; B) WITHIN 20 FEET OF
SIDEWALK CAFES; AND C) ON CITY BEACHES EAST OF THE
DUNES, PROVIDING FINES AND PENALTIES FOR THE VIOLATION
OF SUBSECTION (G) IN THE RE-LETTERED SUBSECTION (H); AND
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND
AN EFFECTIVE DATE.
ADMINSTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the proposed Ordinance.
BACKGROUND
At its August 31, 2010 meeting, the Neighborhood/Community Affairs Committee recommended
the amendment of the City's Litter Ordinance to prohibit the presence of polystyrene (Styrofoam)
products on our beaches. Subsequently, the City Commission, at its October 27, 2010 meeting,
approved the Committee's recommendation. An ordinance amendment was being developed but
was pending further discussion on other items relating to litter. At the request of Commissioner
Libbin at the December 14, 2011 City Commission meeting, the City Commission referred an item
regarding enforcement of litter laws, handbills, and sidewalk cafe regulations to the
Neighborhood/Community Affairs Committee for further discussion. In addition, at the request of
Commission Exposito at the February 8, 2012 City Commission meeting, the City Commission
referred an item regarding the use of plastic straws on the beach to the Neighborhood/Community
Affairs Committee for discussion.
We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community.
City Commission Memorandum
April 11,2012
Litter, Sidewalk Cafe Regulations, Open Container
Page 2 of 3
ANALYSIS
The City of Miami Beach is known for its tropical setting, beaches, and cultural entertainment; and
as our mission statement reflects, it is a vibrant, tropical, historic community. Thus, the ambience,
aesthetics, environment, and having a cleaner and safer community is not only part of the City's
vision, but an intrinsic part of its value and a key component in being a world-class City. Both
residents and visitors alike enjoy our beaches, restaurants and cafes; however, at times there are
factors that adversely impact that enjoyment.
A. Polystyrene Products: Research reflects that items made of polystyrene, also known as
Styrofoam, are oftentimes carried away by the wind and they disintegrate into smaller
pieces, posing a major threat to the marine and coastal environment. Once Styrofoam
begins to break apart, the miniscule pieces become difficult to clean up, littering our
beaches and posing a threat to marine life. Marine animals can mistake the foam as food,
and if ingested, the foam can cause them to starve by blocking their digestive tract. Not
only is Styrofoam an increasingly prolific pollutant in our oceans, but also toxic to produce,
releasing a known carcinogen (styrene), which does not decompose and is not recyclable.
The attached ordinance amendment will incorporate Styrofoam as a type of litter, and will
prohibit any person from taking Styrofoam onto our beaches.
B. Plastic Straws: The use of plastic straws by the City's permitted beachfront
concessionaires is prohibited in all of the City's beaches. In addition, the narrow shape of
plastic straws makes it difficult for straws to be picked up by both the City and County's
sand sifting machines or by manual labor.
The increased and prolific use of single-use/disposable plastics, such as plastic straws, is a
major contributor to litter on our beaches. Most marine plastic pollution starts out on land as
litter on beaches, streets and sidewalks. The very same qualities that make plastic products
adaptable and durable also make plastic an environmental challenge. Plastic products are
not biodegradable, instead they photo degrade - breaking down under exposure to the
sun's ultraviolet rays, into smaller and smaller pieces. Consequently, nearly every piece of
plastic that was ever made still exists in some shape or form.
A concern has been raised that while current beach concessionaires are prohibited from
providing plastic straws when they sell beverages, hotels and condos with beachfront
restaurants that provide service to persons on the beach are providing straws that are
subsequently being littered. As such, the proposed amendment to the litter ordinance
would prohibit any business that services or delivers beverages to persons on the beach
from providing plastic straws. Should this amendment not address this issue, further
restrictions can be contemplated in the future.
C. Handbills: The passing of a commercial handbill from one person to another is currently
allowed by our City Code. However, violations are issued for commercial handbills that are
discarded or left on public property in such a manner that, more likely than not, they were
thrown or placed there. Anyone seen throwing or discarding commercial handbills on public
property may be subject to litter fines.
Aggressive marketing in the form of commercial handbills and/or flyer distribution can have
a negative impact on our ecology, and the ability of our residents and visitors to enjoy our
City. More specifically, unwanted commercial handbills are oftentimes left behind by
patrons, littering our beaches. These commercial handbills distributed on our beaches can
be carried by the wind and enter the marine environment where animals can mistake them
City Commission Memorandum
April 11, 2012
Litter, Sidewalk Cafe Regulations, Open Container
Page 3 of 3
for food; or flow into stormwater drainage systems and canal banks. Litter left on the beach
creates unsanitary conditions and presents hazards to nesting sea turtles, hatchlings, and
other marine life. Lastly, when these handbills get wet from humidity, salt spray, or rain
showers, they begin to break down, making litter control difficult and causing chemicals in
the petroleum-based inks to leach toxic chemicals into the environment, and release
volatile organic compounds (VOCs) into our beaches and atmosphere. As a result, the
Administration is proposing a ban on the distribution of commercial handbills from person to
person on the beach, east of the dunes.
Unsolicited commercial handbills are also commonplace in our sidewalk cafes, where
patrons are approached by individuals passing out flyers. This passing out of unsolicited
commercial handbills is intrusive and a nuisance to the sidewalk cafe patrons, as well as a
disruption and annoyance to the business owners who must frequently pick up flyers left on
their cafe tables, or blown onto their sidewalk areas. Often, the City receives complaints
from individual restaurants and organizations, such as the Ocean Drive Business
Association, requesting the intervention of Code Compliance. At this time, however, the
City cannot stop the distribution of commercial handbills from person to person in Sidewalk
Cafe areas. Thus, the Administration is proposing a ban on the distribution of commercial
handbills within twenty (20) feet in any direction from the outside perimeter of a sidewalk
cafe, and on the right-of-way within the approved sidewalk cafe.
Lastly, and as discussed during the joint Finance and Citywide Projects Committee and
Neighborhood/Community Affairs Committee meeting on January 19, 2012, the
proliferation and accumulation of commercial handbills during certain high visitor volume
periods found discarded in certain areas of the City has become a major litter issue and
constitutes a public health hazard. Improper disposal of commercial handbills on public
property is a nuisance and an expense for the City, reducing the overall cleanliness and
world-class image of the City. As such, the Administration proposed, and the Committees
approved, moving forward with a ban on the distribution of commercial handbills in certain
portions of the National Register Historic District (also referred to as the Art Deco Historic
District) during high impact periods, such as New Year's Eve and Memorial Day Weekend.
The attached proposed ordinance amendment reflects this prohibition.
In an effort to address issues regarding litter on the beach and our City, the following amendments
were recommended to the Neighborhood/Community Affairs Committee (NCAC) at its February
27, 2012 meeting.
1. Prohibit Styrofoam products on our beaches;
2. Prohibit Businesses that provide beverage services to persons on the beach from providing
plastic straws;
3. Prohibit the distribution of commercial handbills on our beaches, east of the dunes;
4. Prohibit the distribution of handbills within twenty (20) feet of a sidewalk cafe; and
5. Prohibit the distribution of commercial handbills in certain portions of the Art Deco Historic
District during High Impact Periods.
The NCAC recommended the adoption of the ordinance to the full City Commission. It was
approved on first reading at the March 21, 2012 City Commission meeting.
CONCLUSION
The Administration recommends that the City Commission adopt the proposed Ordinance.
T:\AGENDA\2012\4-11-12\Litter PolystyreneHandbill Straws sidewalk cafe-2nd Reading Memo.docx
�
`t1 � / .
X111111111 �.'� l
1111111111► � ;.®® ��+ >��I����II • '
IIIIIIIIIN
Eno
♦��� : ���Iii•. Iii
C :IP p C CC C�
111111 '111111 111111 NIIIIIIII In�1��111111 111111
NO
1111 II Iillll 111111 lillll 111111 NIIN 111, IIIIIIIII !=
US .0 C. ■
1111111
smam
BMW
Ali 1:1 am
N MEAN
�IIIII �•.. �� !!!®�® stings
■aMn �uu� ������ ��■■� �p '�'
oil via
It _
BE MEM
SM ME
ME ME
MM
um WIN
am M
sm
sm Mai
ryryY[.• ��
NE 'THURSDAY,MARCH 29,'2012 115NE
THE MIAMI HERALD Miamil-lerald.com
tt
I
MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE OF 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,APRIL 1111,2012 to consider the following:
10:15 a.m.
Ordinance Amending The Following Chapters In The Code Of The City Of Miami
Beach To Provide Civil Enforcement And Penalty Provisions To Replace Criminal
Misdemeanor Enforcement And Penalty Provisions As Follows:Amending Chapter 70
Entitled "Miscellaneous Offenses," By Amending Article I, Entitled "In General," By
Amending Section 70-6, Entitled "Penalties," To Provide Civil Penalties And Special
Master Enforcement Provisions Relative To The Prohibitions In Chapter 70, Except
For Violations Of Section 70-3 Entitled "Vibration"; By Amending Chapter 74 Of The
Miami Beach City Code Entitled "Peddlers And Solicitors," By Amending Article I,
Entitled"In General,"By Amending Section 74-1 Entitled"Soliciting Business In Public
From Pedestrians," By Providing That The Solicitation Of Any Food, Beverage Or
Service Is Also A Prohibited Activity And Providing Civil Penalties And Special Master
Enforcement Provisions; By Amending Chapter 82 Of The Miami Beach City Code
Entitled "Public Property," By Amending Article I, Entitled "In General," By Amending
Section 82-1, Entitled "Conducting Business On Streets, Parks Or Other Public
Property," By Providing Civil Penalties And Special Master Enforcement Provisions.
Inquiries may be directed to the City Manager's Office at(305)673-7010.
10:20 a.m.
Ordinance Amending The Code Of The City Of Miami Beach By Amending Chapter
2, Entitled "Administration," By Amending Article III, Entitled "Agencies, Boards And
Committees," By Amending Division 2, Entitled "Disability Access Committee," By
Amending Sec. 2-31(D) To Increase The Number Of Members From Seven (7) To
j Fourteen (14)And Amending The Quorum Requirement.
I
Inquiries may be directed to the Public Works Department at(305)673-7080.
11:00 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 Provide
Comprehensive Amendments Thereto By Amending The Definition Of Litter And The
Litter Prohibition Provisions In Subsections (A) And (B); Prohibiting Styrofoam Products
And Plastic Straws On City Beaches; Re-Lettering And Renaming Existing Provisions
In Subsections (A) Through (0) For Ease Of Reference And Creating New Provisions In
Subsection (G)To Provide Prohibitions.On The Distribution Of Commercial Handbills: A)
In The Art Deco Historic District During High Impact Periods In The City;B)Within 20 Feet
Of Sidewalk Cafes; And C) On City Beaches East Of The Dunes, Providing Fines And
Penalties For The Violation Of Subsection(G)In The Re-Lettered Subsection(H).
Inquiries may be directed to the City Manager's Office at(305)673-7010.
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. Copies of these ordinances are available for public inspection during normal
business hours in the City Clerk's Office, 1700 Convention Center Drive, 1 st Floor;City
Hall,and Miami Beach, Florida 33139.This meeting may be 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,Fla.Stat..the City hereby advises the public that:if 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.
To request this material in accessible format,sign language interpreters,information on access for persons with disabilities,and/
or any accommodation to review any document or participate in any city-sponsored proceeding,please contact(305)604-2489
(voice),(305)673-7218 07Y)five days in advance to initiate your request.TTY.users may also call 711(Florida Relay Service).
Ad#696-A