Ordinance 76-2064 ORDINANCE NO. 76-2064
AN ORDINANCE AMENDING CHAPTERS 2 AND 25 OF THE
CODE OF THE CITY OF MIAMI BEACH AUTHORIZING THE
DIRECTOR OF THE PARKS AND RECREATION DEPARTMENT
TO DESIGNATE CERTAIN PARKS AND RECREATION DEPART-
MENT EMPLOYEES AS LITTER ENFORCEMENT OFFICERS;
PRESCRIBING THE TRAINING AND QUALIFICATIONS
NECESSARY FOR SUCH EMPLOYEES; AND ADOPTING
SECTION 403. 413, FLORIDA STATUTES, AS AN ORDINANCE
OF THE CITY OF MIAMI BEACH; AND REPEALING EXISTING
SECTION 25-95 OF THE CODE OF THE CITY OF MIAMI
BEACH AND ADOPTING A NEW SECTION 25-95.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1 . That Chapter 2 of the Code of the City of Miami Beach,
Florida, be and the same is hereby amended by adding a
new section thereto to be nurpbered and to read as follows:
"Section 2-12.1.
Pursuant to the provisions of Section 403. 413,
Florida Statutes , also known as the Florida
Litter Law, the City Director of Parks and
Recreation is hereby authorized to designate
and appoint such employees of the Department
of Parks and Recreation as he deems advisable
as Litter Enforcement Officers of the City,
solely for the purposes of enforcing Section
403. 413, Florida Statutes , also known as the
Florida Litter Law, and Section 25-95 of the
Code of the City of Miami Beach. Such
employees as are designated and appointed as
Litter Enforcement Officers by the Director of
Parks and Recreation shall have the following
qualifications:
(a) They shall have attended a course of at
least five (5) days' duration on the duties
of Litter Enforcement Officers jointly
given or approved by the Dade County
Directors of the Departments of Public
Safety and Parks and Recreation..
(b) They shall be personally approved and
certified by the Dade County Director
of Public Safety as persons of good
moral character and standing in the
community, and suited by temperament
and learning to be Litter Enforcement
Officers of the City. "
SECTION 2 . That existing Section 25-95 of the Code of the City
of Miami Beach, Florida, be and the same is hereby
repealed, and a new Section 25-95 is hereby adopted to read
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE ,e MIAMI BEACH, FLORIDA 33139 •
as follows:
"Section 25-95 .
It shall be unlawful for any person to throw,
discard, place, or deposit litter in any manner
or amount whatsoever in or on any public
highway, road, street, alley, thoroughfare, or
any other public lands, except in containers or
areas lawfully provided therefor. It shall be
unlawful for any person to throw, discard,
place, or deposit any garbage, cans, bottles or
containers in or on any fresh water lakes,
rivers, streams, or tidal or coastal waters
within the City. In addition, it shall be
unlawful for any person to throw, discard,
place, or deposit litter in any manner or amount
whatsoever on any private property, unless
prior consent of the owner has been given and
unless said litter will not cause a public
nuisance or be in violation of any other state
or local laws, ruls , or regulations . "
SECTION 3. That all ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 4 . That this ordinance shall go into effect immediately
upon passage and posting as required by law.
PASSED and ADOPTED this 3rd day of ✓ June , 1976 .
Mayor
Attest:
City Clerk
1st Reading - May 5, 1976
2nd Reading - June 3, 1976
(The adoption of the foregoing Ordinance was
moved by Councilman Philip Sahl. )
- 2 -
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE MIAMI BEACH, FLORIDA 33139 •
7
EXCERPT, FLORIDA STATUTES
SEC. 403.413 Florida Litter Law
403.413 Florida Litter Law.—
(1) SHORT TITLE.—This section shall be known
as and may be cited as the "Florida Litter Law of
1971."
(2) DEFINITIONS.—As used in this section:
(a) "Litter" means any garbage, rubbish, cans,
bottles, containers, trash, refuse, and papers.
(b) "Person" means any individual, firm, corpo-
ration, or unincorporated association.
(c) "Law enforcement officer"means any officer
of the Florida Highway Patrol, county sheriffs' de-
partments, municipal law enforcement depart-
ments, law enforcement departments of any other
political subdivision, Department of Natural Re-<<
sources, and Game and Fresh Water Fish Commis
sion. In addition,and solely for the purposes of this
section, "law enforcement officer" means any em-
ployee of a county or municipal park or recreation#
department designated by the department head as al
litter enforcement officer.
(3) RESPONSIBILITY OF BOARD OF COUNTY
COMMISSIONERS.—The Board of County Commis--
sioners shall determine the training and qualifica-
tions of any employee of the county or municipal
park or recreation department designated to enforce. •
the provisions of this section if the designated em-
ployee is not a regular law enforcement officer.
(4) ACTS PROHIBITED.—It shah be unlawful
for any person to throw, discard, place, or deposit,
litter in any manner or amount whatsoever in or on.
any public highway, road, street, alley, thorough-
fare,or any other public lands,except in containers,
or areas lawfully provided therefor. It shall be un-
lawful for any person to throw, discard, place, or
deposit any garbage,cans,bottles or containers in or
on any freshwater lakes, rivers, streams,or tidal ort
coastal waters of the state. In addition, it shall be
unlawful for any person to throw, discard, place, or
deposit litter in any manner or amount whatsoever
on any private property, unless prior consent of the
owner has been given and unless said litter will not
cause a public nuisance or be in violation of any
other state or local laws, rules, or regulations.
(5) PENALTIES; ENFORCEMENT.-
(a) Any person violating any of the provisions of
this section shall be guilty of a misdemeanor of the
second degree,punishable as provided in ss.775.082
and 775.083.
(b) It shall be the duty of all law enforcement
)dicers, as defined herein, to enforce the provisions
of.this section.
History.—ss.1-4A,ch.71-239;s.1,ch.75-266.
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