2014-3856 Ordinance ORDINANCE NO. 2014-3856
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED
"MISCELLANEOUS OFFENSES," BY AMENDING SECTION 70-2,
ENTITLED "RESERVED" TO CREATE REGULATIONS THAT DEFINE
NICOTINE VAPORIZER AND LIQUID NICOTINE AND THAT PROHIBIT
THE SALE, BARTER, PROVIDING DIRECTLY OR INDIRECTLY,
GIFTING, MAKING AVAILABLE FOR USE OR POSSESSION, OR THE
FURNISHING OF NICOTINE VAPORIZERS AND LIQUID NICOTINE TO
PERSONS UNDER THE AGE OF EIGHTEEN (18); MOREOVER,
MAKING THE POSSESSION OF NICOTINE VAPORIZERS AND
LIQUID NICOTINE ILLEGAL FOR PERSONS UNDER THE AGE OF
EIGHTEEN (18); AND PROVIDING PENALTIES FOR VIOLATIONS;
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND
AN EFFECTIVE DATE.
WHEREAS, new unregulated high-tech nicotine vaporizers (also referred to as
electronic cigarettes or e-cigarettes) have recently been made available to consumers, including
minors, and allow users to inhale vaporized liquid nicotine created by heat through an electronic
ignition system, and the vapors are expelled by a cartridge that usually contains a concentration
of pure nicotine; and
WHEREAS, after inhaling, the user then blows out the heated vapors producing a
"cloud" of undetermined substances; and
WHEREAS, recently, many State Attorney Generals sent a letter to the Food and Drug
Administration ("FDA") urging the agency to regulate electronic cigarettes in the same way it
regulates tobacco products stating that e-cigarettes are being marketed to children through
cartoon-like advertising characters and by offering fruit and candy flavors, much like cigarettes
were once marketed to attain new smokers; and
WHEREAS, the FDA and public health advocates have warned these flavorings are
purposefully meant to appeal to and attract young people and are commonly referred to as
"training wheels" for traditional cigarettes; and
WHEREAS, studies show that adolescents can become addicted to nicotine after
ingesting the equivalent of 20 traditional cigarettes, the amount typically available in a single
pack, which can lead young people into a lifetime of nicotine addiction; and
WHEREAS, in the United States, more than 90% of current adult smokers began
smoking before the age of 18 and the younger an individual is when he or she experiments with
smoking, the more likely he or she is to become a regular or daily smoker; and
WHEREAS, two-thirds of children who begin smoking in the sixth grade become regular
adult smokers, and almost half (46%) of those who initiate smoking in the eleventh grade
become regular adult smokers; and
WHEREAS, the percentage of United States middle and high school students who use
electronic cigarettes, or e-cigarettes, more than doubled from 2011 to 2012, according to data
published by the Centers for Disease Control and Prevention; and
WHEREAS, federal law restricting the sale of tobacco products to minors currently
applies only to cigarettes, cigarette tobacco, roll-your-own tobacco, and smokeless tobacco, and
does not apply to nicotine vaporizers; and
WHEREAS, the City Commission finds that it is in the best interest of the City of Miami
Beach and necessary to protect the health, safety, and welfare of the residents and visitors of
the City to prohibit the sale of nicotine vaporizers and liquid nicotine to minors and to prohibit the
possession of these items by minors.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1.
That Chapter 70, Section 70-2, of the Miami Beach City Code is hereby amended as
follows:
Chapter 70
MISCELLANEOUS OFFENSES
Article I. In General
Sec. 70-2. Reserved-. Sale of Nicotine Vaporizers (E-Cigarettes) and Liquid Nicotine to
Minors and Posession by Minors Prohibited; Penalties.
(a) Definitions.
Liquid Nicotine means any liquid product composed either in whole or in part of pure
nicotine which can be used with Nicotine Vaporizers.
Minor means a person under the age of eighteen (18).
Nicotine Vaporizer means any electronic or battery-operated nicotine dispensing device that
can be used to deliver an inhaled dose of nicotine or other substance, and any device that
can be used to deliver nicotine by inhaling vaporized nicotine from the device, including
those devices composed of a mouthpiece, heating element, and battery or electronic circuits
that provide a vapor of Liquid Nicotine or other substances to the user. This term shall
include, but is not limited to, such devices as an electronic cigarette, an electronic cigar, an
electronic cigarillo, an electronic pipe, an electronic hookah, an e-cigarette, an e-cigar, e-
cigarillo, an a-pipe, and an e-hookah, whether they are manufactured, distributed, marketed,
or sold under any other product name, and includes any replacement nicotine cartridge,
liquid nicotine vial, or other container used to refill nicotine for the device or product.
2
Prohibitions:
It shall be unlawful to sell, give, furnish, barter, or make available directly or indirectly
a Nicotine Vaporizer or Liquid Nicotine to a minor. The buyer or recipient's
identification shall be examined to confirm that the buyer or recipient is at least 18
years of age.
In order to minimize the physical accessibility to minors, no person shall offer
Nicotine Vaporizers or Liquid Nicotine by means of self-service merchandising or any
other means other than vendor-assisted sales, unless access to the premises by
persons under the age of eighteen (18) is prohibited by the person, business,
tobacco retailer, or other establishment, or prohibited by law.
It shall be unlawful for a person under the age of 18 to possess Nicotine Vaporizers
or Liquid Nicotine.
(c) Penalties.
(1) A violation of sections 70-2(b)(1)-(2) shall be punished as provided in Section 1-14 of
the Code of the City of Miami Beach.
(2) A violation of section 70-2(b)(3) shall be punished as a non-criminal violation as
follows:
(a) For a first violation, 16 hours of community service or, instead of community
service, a $25 fine. In addition, the person must attend a school-approved anti-
tobacco program, if locally available;
For a second violation within 12 weeks of the first violation, a $25 fine; or
(c) For a third or subsequent violation within 12 weeks of the first violation, the
court must direct the Department of Highway Safety and Motor Vehicles to
withhold issuance of or suspend or revoke the person's driver's license or driving
privilege, as provided in Section 322.056, Fla. Stat.
Any second or subsequent violation not within the 12-week time period after
the first violation is punishable as provided for a first violation.
(e) Any person under 18 years of age cited for committing a noncriminal
violation under this section must sign and accept a civil citation indicating a
promise to appear before the county court or comply with the requirement for
Paying the fine and must attend a school-approved anti-tobacco program, if
locally available. If a fine is assessed for a violation of this section, the fine must
be paid within 30 days after the date of the citation or, if a court appearance is
mandatory, within 30 days after the date of the hearing.
A person charged with a noncriminal violation under this section must
appear before the county court or comply with the requirement for paying the
fine. The court, after a hearing, shall make a determination as to whether the
noncriminal violation was committed. If the court finds the violation was
committed, it shall impose an appropriate penalty as specified in subsection (1)
or subsection (2).
J
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, 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. 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 5. EFFECTIVE DATE.
This Ordinance shall take effect the day of , 2014.
PASSED and ADOPTED this a�3 day of , 2014.
ATTEST:
...
�� �n lY,HILIP LEVI E,
RAF EL E. GRANADO, COY
(Sponsored by Commis o g APPROVED AS TO
`—' FORD/! &LANGUAGE
•• ��,
&FOR EXECUTION
Underline denotes additions >' °""'T�,
Strike thi:96igh denotes deletion � r 26
t. f - " ney Date
F:WTTO\TURN\ORDINANC\Amended Prohibitions re Nicotine Vaporr�er and Liquid Nic e.docx 15f
4
NAIAMIBEACH
OFFICE OF THE CITY ATTORNEY
JOSE SMITH, CITY ATTORNEY COMMISSION MEMORANDUM
TO: Honorable Mayor Philip Levine
Members of the City Commission
Jimmy L. Morales, City Manager
FROM: Jose Smith, City Atto ey
DATE: April 23, 2014
SUBJECT: An Ordinance of the Mayor and City Commission of the City of
Miami Beach, Florida, amending Chapter 70 of the Code of the City of
Miami Beach, Florida, entitled "Miscellaneous Offenses," by
amending Section 70-2, entitled "Reserved" to create regulations
that define nicotine vaporizer and liquid nicotine and that prohibit the
sale, barter, providing directly or indirectly, gifting, making available
for use or possession, or the furnishing of nicotine vaporizers and
liquid nicotine to persons under the age of eighteen (18); Moreover,
making the possession of nicotine vaporizers and liquid nicotine
illegal for persons under the age of eighteen (18); and providing
penalties for violations.
Pursuant to the request of Commissioner Micky Steinberg, the attached Ordinance was
submitted for consideration by the Mayor and City Commission on First Reading at the
March 5, 2014 City Commission meeting. The Commission passed the Ordinance on
First Reading, and referred it to the Neighborhood/Community Affairs Committee
(NCAC) for its consideration and recommendation.
The NCAC considered the Ordinance at its meeting on March 28, 2014, and
recommended that the Ordinance be brought back to the City Commission for Second
Reading/Public Hearing, with the understanding that the item may be opened and
continued pending action by the Florida Legislature on proposed State legislation that
may preempt local governments from regulating in this area. Should the Florida
Legislature not preempt local governments with regard to the regulation of nicotine
dispensing devices, the City Attorney's Office has made amendments to the penalties
provisions in the Ordinance to decriminalize the penalties for minors consistent with
State law.
JS/AB/sc
i
Agenda Item S�
Date 4- -
MIAMI HERALD MiamiHerald.com NE THURSDAY,APRIL 10,2014 9NE
.MIAMI BEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that 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 April 23,2014,to consider the following:
10:15 a.m.
A Resolution Adopting The Second Amendment To The General Fund,Enterprise Fund,Intemai Service Fund And Special Revenue Fund Budgets For Fiscal Year(FY)2013/2014.Inquiries maybe directed to the Budget Office 305-673-7510.
10:25 a.m.
An Ordinance Amending Chapter 70 Of The Code Of The City Of Miami Beach,Entitled"Miscellaneous Offenses,'By Amending Article II,Entitled"Public Places"To Prohibit Motorized Means Of Transportation On The Beachwalk Between 15th To 23rd Streets And Between 641 To 79"Streets,
And On The Lummus Park Promenade(Also Known As The Lummus Park Serpentine Walkway)Between 5"And 151 Street;Providing For Repealer,Severability,Codification,And An Effective Date.Inquiries maybe directed la the CityAttomeys Office 305-673-7470.
10:35 a.m.
An Ordinance Amending Chapter 10 Of The Miami Beach City Code Entitled"Animals,"By Amending Section 10-11,Entitled"Running At Large Prohibited,"By Extending The Pilot Program Off-Leash Area For Dogs In South Pointe Park Through And Including December 31,2014;
Providing For Repealer,Severability;Codification;And An Effective Date.Inquiries may be directed to the Parks and Recreation Department 305-613-7730.
10,45 a.m
Minimum Unit Sizes For Historic Hotels In Commercial Districts
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach,By Amending Chapter 142,"Zoning Districts And Regulations',Article II,'District Regulations",Section 142-306,"Development Regulations"To Modify The Requirements For Minimum
Hotel Room Size For Historic Hotels Within The CO-2 District And By Amending Section 142-337,"Development Regulations And Area Requirements"To Modify The Requirements For Minimum Hotel Room Size For Historic Hotels Within The CD-3 District;Providing For Codification;Repealer;
Severability;And An Effective Date.Inquiries may be directed to the Planning Department 305 7673-7550.
10:55 a.m. r
Boat Docks And Marine Structures
An Ordinance Amending Chapter 66,"Marine Structures,Facilities And Vehicles,'Article IV,"Vessels,"Section 66-113,"Limitation On Projection Of Structures;Public Hearing,"And Chapter 142,"Zoning Districts And Regulations,"Section 142-1132,"Allowable Encroachments Within Required
Yards,"Modifying The Procedures For Approval Of Docks That Extend Beyond The Permitted Distance Into A Waterbody;Providing For Repealer;Codification;Severability And An Effective Date.Inquiries may be directed to the Planning Department 305-673-7550.
11:05 a.m.
RM-2 Oceanfront Height Regulations
An Ordinance Amending The Code Of The City Of Miami Beach,Florida,By Amending Chapter 142,"Zoning Districts And Regulations,"Article II,"District Regulations,"Division 3"Residential Multifamily Districts"By Amending Section 142-217 Regarding Maximum Building Height And Maximum
Number Of Stories For Oceanfront Lots With A Property Line Within 250 Feet Of North Shore Open Space Park;Providing For Codification;Repealer;Severability;And An Effective pate.Inquiries maybe directed to the Planning Department 305-673-7550.
11:15 a.m. -
RM-3 Oceanfront Setbacks for Detached Structures and ADA Walkways
An Ordinance Amending The Code Of The City Of Miami Beach,Florida,By Amending Chapter 142,"Zoning Districts And Regulations,"Article 11,"District Regulations,"Division 3"Residential Multifamily Distdcts"By Amending Section 142-247,"Setback Requirements,"Regarding
Setback Requirements For Detached Additions In Oceanfront Lots Located Within The Miami Beach Architectural District;By Amending Chapter 142,"Zoning Districts And Regulations,"Article IV,'Supplementary District Regulations,"Division 4"Supplementary Yard Regulations,"Section
142-1132,'Allowable Encroachments In Required Yards,'Regarding Americans With Disabilities Act(ADA)Walkways And Ramp Structures With Awnings In Side Yards;Providing For Codification;Repealer;Severability;And An Effective Date.Inquiries may be directed to the Planning
Department 305-673-7550
11:25 a.m.
Prohibit Advertisement Of Short Term Rentals/Commercial Use In Residential Zoning Districts -
An Ordinance Amending The Code Of The City Of Miami Beach,Subpart B,Entitled"Land Development Regulations."Of Chapter 142,Entitled"Zoning Districts And Regulations;By Amending Article 11,Entitled'District Regulations,"By Amending Division 2,Entitled"RS-1,RS-2,RS-3,RS-4
Single-Family Residential Districts,"By Amending Section 142-109,Entitled"Commercial Use Of Single-Family Homes Prohibited,"ByAmending The Definitions Therein,And By Adding New Subsection(c)(1)d,Which Prohibits Advertising Of Unlawful Occupancy And Use;By Amending Subsection
(c)(2),Which Removes The Limitations On Enforcement;By Amending Article N,Entitled"Supplementary District Regulations,'By Amending Division 2,Entitled'Accessory Uses";By Amending Section 142-905,Entitled"Permitted Accessory Uses In Single-Family Districts;By Adding New
Subsection(b)(5)a Which Prohibits The Advertisement For The Lease Of Single Family Homes For Less Than Six Months And One Day,By Adding New Subsection(b)(5)b,Which Provides The Enforcement For A Violation Of Section(b)(5);By Amending Article IV,Entitled"Supplementary District
Regulations,By Amending Division 3,Entitled"Supplementary Use Regulations,"By Amending Section 142-1111,Entitled"Short-Term Rental Of Apartment Units Or Townhomes,"By Amending Section(A)To Prohibit The Advertisement Of Short Term Rental Of Apartments Units OrT_ownhomes;
And Providing For Repealer,Severability,Codification,And An Effective Date.Inquiries may be directed to the Planning Department 305-673-7550.
11:35 a.m.
Wake Zone Ordinance
An Ordinance Amending The Code Of The City Of Miami Beach,By Amending Chapter 66,Entitled'Marine Structures,Facilities And Vehicles,"By Amending Article 11,Entitled"Restricted Wake Zones,"By Amending Section 66-43,Entitled"Restricted Areas,"By Amending Subsection C Thereof
Regarding The Slow Soeed,Minimum Wake Zone By Amending The Boundaries Thereof And Amending Area C On The Appendix Thereto;Providing For Repealer,Severability,Codification,And An Effective Date.Inquiries maybe directed to the WAttorney's Office 305-673-7470.
11:45 a.m. -
An Ordinance Amending Chapter 70 Of The Code Of THe City Of Miami Beach,Florida,Entitled"Miscellaneous Offenses,"By Amending Section 70-2,Entitled"Reserved"To Create Regulations That Define Nicotine Vaporizer And Liquid Nicotine And That Prohibit The Sale,Barter,Providing Directly
Or indirectly,Gifting,Making Available For Use Or Possession,Or The Furnishing Of Nicotine Vaporizers And Liquid Nicotine To Persons Under The Age Of Eighteen(18);Moreover,Making The Possession Of,Nicotine Vaporizers And Liquid Nicotine Illegal For Persons Under The Age Of Eighteen
(18);And Providing Penalties For Violations;Providing For Repealer;Severability;Codification;And An Effective Date.Inquiries may be directed to the CityAttomey's Office 305-673-7470. ,
5,05 pm.
Alton Road Historic DlstrictBuffer Overlay
An Ordinance Amending The Cade Of The City Of Miami Beach,Florida,By Amending Chapter 142,"Zoning Districts And Regulations,"Article III,"Overlay Districts,"Creating Divisioq 8"Alton Road-Historic District Buffer Overlay,"By.Including Section 142-858'Location And Purpose,"
And Section 142-859'Development Regulations,"Including Among Other Provisions Regulations On Maximum Floor Area Ratio;Maximum Building Height;Minimum Setbacks;Building Separation;Demolition OrAdditions To Contributing Buildings In Historic District;And Land Use Regulations
For Location Of Retail Uses,Restaurants,Bars,Entertainment Establishments,Alcoholic Beverage Establishments And Similar Uses;Requiring Conditional Use Approval Of Such Uses In Excess Of 10,000 Sq.Ft.;And Prohibiting,Alcoholic Beverage And Entertainment Establishments In Open
Areas With Exceptions As Prescribed In The Ordinance;Providing For Codification;Repealer;Severability;And An Effective Date.Inquiries may be directed to the Planning Department 305-673-7550.
5:10 p.m.
RM-2 Accessory Office Uses For Bay Front Apartments
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach,By Amending Chapter 142,"Zoning Districts And Regulations"Article II"District Regulations",Division 3"Residential Multifamily Districts",Subdivision IV"Residential Multifamily,Medium
Intensity,"Section 142-213,"Conditional Uses,'To Expand The Conditional Uses In The RM-2 District To Include Certain Types Of Non-Medical Office Uses For Bay Front Apartment Buildings;Providing For Repealer,Severability;Codification;And An Effective Date.Inquiries may be directed
to the Planning Department 305-673-7550. -
5:15 Pm.
-
Religious Uses Ordinance Amendment For The Equal Treatment Of Religious Uses As Required By The Federal Religious Land Use And Institutionalized Persons Act(RLUIPA).
An Ordinance Amending The Code Of The City Of Miami Beach,By Amending Chapter 142,"Zoning Districts And Regulations,"Article 11,"District Regulations,"And Article IV,"Supplementary District Regulations,"To Provide For The Equal Treatment Of Religious Institutions In Multlfarnily,
Commercial And Industrial Districts,As Required By Federal Law,Allowing Religious Institutions As A Matter Of Right Up To 199 Occupancy,As Either Main Permitted Or Accessory Uses As Set Forth in The Respective Zoning Districts,And Requiring Conditional Use Approval For Such Uses With
Higher Occupancy,Providing For Repealer;Severability;Codification;And An Effective Date.Inquiries may he directed to the Planning Department 305-673-7550.
Dr.Stanley Sutnick Cittren's Forum-The times for the Dr.Stanley Sutnick Citizen's Forum are 8:30 a.m.and 1:00 p.m.,or as soon as possible thereafter.Approximately thirty minutes will be allocated to each session,with individuals being limited to no more than three minutes or for a
period established by the Mayor.No appointment or advance notification is needed in order to speak to the Commission during this Forum.
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,do the City Clerk,1700 Convention Center Drive.1 A Floor,City Hall,Miami Beach,Florida 33139.Copies of these items are available
for public inspection during normal business hours in the City Clerk's Office,1700 Convention Center Drive,11 Floor,City Hall,Miami Beach,Florida 33139.This meeting,or any item herein,may be continued,and under such circumstances,additional legal notice need not be provided.
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 con_tact us five days in advance at 305-673-7411(voice)
or TTY users may also call the Florida Relay Service at 711.
Rafael E.Granado,City Clerk
City of Miami Beach
Ad ft 870