2014-28677 Reso 2014-28677
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING PART IV OF THE CITY'S
SPECIAL EVENTS REQUIREMENTS AND GUIDELINES, ENTITLED "CITY
OF MIAMI BEACH AGENCIES," BY AMENDING SECTION J THEREOF,
ENTITLED "PUBLIC WORKS DEPARTMENT ENVIRONMENTAL
RESOURCE MANAGEMENT," BY CREATING A PARAGRAPH TO BE
ENTITLED "EXPANDED POLYSTYRENE FOOD SERVICE ARTICLES,"
PROHIBITING THE SALE, USE, AND OFFERING OF EXPANDED
POLYSTYRENE FOOD SERVICE ARTICLES BY SPECIAL EVENT
PERMITTEES.
WHEREAS, the City of Miami Beach ("City") declares that it is in the interest of the
public health, safety, and welfare of its residents and visitors to reduce litter and pollutants on
the land and in the waters of the City; and
WHEREAS, expanded polystyrene, a petroleum by-product commonly known as
Styrofoam, is neither readily recyclable nor biodegradable and takes hundreds to thousands of
years to degrade in the environment; and
WHEREAS, expanded polystyrene is a common pollutant, which fragments into smaller,
non-biodegradable pieces that are ingested by marine life and other wildlife, thus harming or
killing them; and
WHEREAS, due to the physical properties of expanded polystyrene, the EPA states
"that such materials can also have serious impacts on human health, wildlife, the aquatic
environment and the economy"; and
WHEREAS, disposable food service articles constitute a portion of the litter in the City of
Miami Beach's streets, parks, public places, and waterways; and
WHEREAS, the City's goal is to replace expanded polystyrene food service articles with
reusable, recyclable, or compostable alternatives; and
WHEREAS, the City encourages the use of unbleached, non-coated, recycled-content
paper food service articles and other fiber-based food service articles as the most
environmentally preferable alternatives when the use of reusable food ware is not feasible; and
WHEREAS, on July 23, 2014, the Mayor and City Commission adopted an ordinance
prohibiting the carrying of any expanded polystyrene product into any park; prohibiting the sale,
use, and offering of expanded polystyrene food service articles by City contractors and special
event permittees in City facilities and on City property; and prohibiting expanded polystyrene
food service articles on the right-of-way and prohibiting sidewalk cafes from providing expanded
polystyrene food service articles to sidewalk cafe patrons; and
WHEREAS, the Mayor and City Commission deem it in the best interest of the City to
amend the City's Special Events Requirements and Guidelines to incorporate provisions to
prohibit the sale, use, and offering of expanded polystyrene food service articles by special
event permittees.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section J of Part IV of the City's Special Events Requirements and
Guidelines is hereby amended as follows:
IV. CITY OF MIAMI BEACH AGENCIES
J. Public Works Department
Environmental Resource Management
Beach Impacts (other)
• Special Events occurring during hurricane season shall have an emergency
evacuation plan that will go into effect within eight (8) hours of a hurricane
warning and be completed within twenty-four (24) hours — all equipment,
material, staff, staging, vehicles and associated appurtenances shall be removed
from event site within the allotted time.
Expanded Polystyrene Food Service Articles
• Expanded polystyrene food service articles means plates, bowls, cups,
containers, lids, trays, coolers, ice chests, and all similar articles that consist of
expanded polystyrene.
• Special event permittees shall not sell, use, provide food in, or offer the use of
expanded polystyrene food service articles in City facilities or on City property. A
violation of this paragraph is grounds for revocation of a special event permit.
This paragraph shall not apply to expanded polystyrene food service articles
used for prepackaged food that have been filled and sealed prior to receipt by a
special event permittee.
PASSED AND ADOPTED this the day of 7141 , 2014.
ATTEST:
fael E. Granado Phi '
City Clerk -� _
) 1� y
E i APPROVED AS TO
y$ •• FORM & LANGUAGE
. �' ..•'• " & FOR EXECUTION
,�,� r(� City Attorney Date
F:\ATTO\$ALL\Ni \I?!, - n'eCReS rrendin •s ci event uidelines\Pol s rene Special Events Reso FINAL.doc `
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission Amending the Special Events Requirements and
Guidelines to Prohibit the Sale, Use, and Offering of Expanded Polystyrene Food Service Articles by
Special Event Permittees.
Key Intended Outcome Supported:
Enhance the Environmental Sustainability of the Community.
Supporting Data: 2% of residential respondents indicated trash and litter is an area that the City
needs to improve. In the 2014 Community Satisfaction Survey, residential respondent and business
owner satisfaction with canal/waterway cleanliness dropped 4% and 2%from 2012, respectively.
Item Summary/Recommendation:
At the May 22, 2014 Sustainability Committee meeting, the Committee discussed restricting the sale
and use of expanded polystyrene (commonly known as Styrofoam) products, to reduce litter and
pollutants in the City's waterways and to enhance the environmental sustainability of the City.
The Sustainability Committee unanimously passed a motion recommending that the City Commission
approve an ordinance drafted by the City Attorney's Office, which would (1) prohibit the carrying of
expanded polystyrene products into City parks; (2) prohibit the sale or use in public facilities and on
public property of expanded polystyrene food service articles by City contractors, vendors, lessees,
concessionaires, operators of City facilities and properties, and special event permittees; and (3)
prohibit expanded polystyrene food service articles on the right-of-way and prohibit sidewalk cafe
permittees from providing expanded polystyrene food service articles to sidewalk cafe patrons. On
June 11, 2014, the City Commission approved the Ordinance on First Reading. The Ordinance is
before the Commission on Second Reading at the July 23, 2014 Commission meeting.
In order to provide corresponding provisions in the City's Special Event Requirements and Guidelines
following the adoption of the above-referenced Ordinance, the Administration has proposed a
resolution amending the Special Event Requirements and Guidelines. The proposed Resolution
reconciles Section J of Part IV Special Event Requirements and Guidelines with the proposed
Ordinance (Attached).
The Administration recommends approval of the resolution amending the Special Events
Requirements and Guidelines.
Advisory Board Recommendation:
On May 22, 2014, the Sustainability Committee recommended that the City Commission approved
the related Ordinance unanimously.
Financial Information:
Source of Amount Account
Funds: 1
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Elizabeth Wheaton x6121
Sign-Offs:
Department Director istant City Manager City Manager
T:\AGENDA\2014\July\Polystyrene Special Even uidelines-S M.doc
M1AM1BE/M%%..H DATE AGENDA ITEM R7T
-413-/y
NAIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members f the Cit Commission
FROM: Jimmy L. Morales, City Manager
DATE: July 23, 2014
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING PART IV OF THE CITY'S SPECIAL EVENTS
REQUIREMENTS AND GUIDELINES, ENTITLED "CITY OF MIAMI BEACH
AGENCIES," BY AMENDING SECTION J, ENTITLED "PUBLIC WORKS
DEPARTMENT," BY INSERTING A PARAGRAPH, BETWEEN THE PARAGRAPH
ENTITLED "BEACH IMPACTS (OTHER)" AND THE PARAGRAPH ENTITLED
"RIGHT-OF-WAY PERMIT," ENTITLED "EXPANDED POLYSTYRENE FOOD
SERVICE ARTICLES," PROHIBITING THE SALE, USE, AND OFFERING OF
EXPANDED POLYSTYRENE FOOD SERVICE ARTICLES BY SPECIAL EVENT
PERMITTEES.
BACKGROUND
At the May 22,2014 Sustainability Committee meeting,the Committee discussed restricting the sale and
use of expanded polystyrene(commonly known as Styrofoam)products,to reduce litter and pollutants in
the City's waterways and to enhance the environmental sustainability of the City.
The Sustainability Committee unanimously passed a motion recommending that the City Commission
approve an ordinance drafted by the City Attorney's Office, which would (1) prohibit the carrying of
expanded polystyrene products into City parks;(2)prohibit the sale or use in public facilities and on public
property of expanded polystyrene food service articles by City contractors, vendors, lessees,
concessionaires,operators of City facilities and properties,and special event permittees;and(3)prohibit
expanded polystyrene food service articles on the right-of-way and prohibit sidewalk cafe permittees from
providing expanded polystyrene food service articles to sidewalk cafe patrons.On June 11,2014,the City
Commission approved the Ordinance on First Reading. The Ordinance is before the Commission on
Second Reading at the July 23, 2014 Commission meeting.
In order to provide corresponding provisions in the City's Special Event Requirements and Guidelines
following the adoption of the above-referenced Ordinance, the Administration has proposed a resolution
amending the Special Event Requirements and Guidelines.The proposed Resolution reconciles Section
J of Part IV Special Event Requirements and Guidelines with the proposed Ordinance (Attached).
CONCLUSION
The Administration recommends approval of the attached Resolution amending the Special Events
Requirements and Guidelines.
Attachment: Special Event Recycling Guidelines Proposed Amendments
JMJ/MVF/ESW/MKW
T:\AGENDA\2014\July\Polystyrene Special Event Guidelines-MEM.doc
Attachment
Proposed Special Events Requirements and Guidelines Amendment
CITY OF MIAMI BEACH AGENCIES
J. Public Works Department
Environmental Resource Management
Beach Impacts (other)
• Special Events occurring during hurricane season shall have an emergency evacuation
plan that will go into effect within eight (8) hours of a hurricane warning and be
completed within twenty-four (24) hours — all equipment, material, staff, staging, vehicles
and associated appurtenances shall be removed from event site within the allotted time.
Expanded Polystyrene Food Service Articles
• Expanded polystyrene food service articles means plates, bowls, cups, containers, lids,
trays, coolers, ice chests, and all similar articles that consist of expanded polystyrene.
• Special event permittees shall not sell, use, provide food in, or offer the use of expanded
Polystyrene food service articles in City facilities or on City property. A violation of this
paragraph is grounds for revocation of a special event permit. This paragraph shall not
apply to expanded polystyrene food service articles used for prepackaged food that have
been filled and sealed prior to receipt by a special event permittee.