Ordinance 2019-4295 ORDINANCE NO. 2019-4295
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE
CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ENVIRONMENT,"
BY CREATING ARTICLE VIII, TO BE ENTITLED "SALE OR USE
RESTRICTIONS FOR SINGLE-USE PLASTIC BEVERAGE STRAWS
AND SINGLE-USE PLASTIC STIRRERS," TO ESTABLISH
REGULATIONS FOR THE SALE AND USE OF SINGLE-USE PLASTIC
BEVERAGE STRAWS AND SINGLE-USE PLASTIC STIRRERS, AND
TO PROVIDE FOR ENFORCEMENT, PENALTIES, AND WAIVERS
FOR FINANCIAL HARDSHIP; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach ("City"), a world-renowned tourist destination,
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 lands and in the waters of the City, and along its
shores and famous beaches; and
WHEREAS, disposable food service articles, including single-use plastic beverage
straws and single-use plastic stirrers, 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 reduce litter by reducing the use of and replacing single-
use plastic beverage straws and single-use plastic stirrers with environmentally preffered
alternative materials; and
WHEREAS, on July 25, 2018, the City Commission adopted Ordinance No. 2018-4208,
which prohibited City contractors, sidewalk café permittees, and special event permittees from
selling, using, providing beverages with, or offering the use of single-use plastic beverage
straws or single-use plastic stirrers in City facilities or on City property; and
WHEREAS, as an environmental leader among local governments in the State of
Florida, the City of Miami Beach, by virtue of this Ordinance, will prohibit the sale and use of
single-use plastic beverage straws and single-use plastic stirrers by food service providers and
retail stores; and
WHEREAS, this Ordinance will preserve and enhance the environment of the City of
Miami Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Article VIII of Chapter 46 of the Code of the City Miami Beach is hereby
created as follows:
CHAPTER 46
ENVIRONMENT
ARTICLE VIII. Sale and Use Restrictions for Single-Use Plastic Beverage Straws and
Single-Use Plastic Stirrers.
Sec. 46-212. 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:
Chain food service provider means five or more food service providers located within the
city that (a) conduct business under the same business name or (b) operate under
common ownership or management or pursuant to a franchise agreement with the same
franchisor.
Chain store means five or more stores located within the city that (a) conduct business
under the same business name or (b) operate under common ownership or
management or pursuant to a franchise agreement with the same franchisor.
Code compliance officer means a code inspector as defined in section 30-3 of the City
Code and, for purposes of this article, shall include, without limitation, a police officer.
Food service provider means a person or entity that provides food directly to the
consumer, regardless of whether such food is provided free of charge or sold, or
whether consumption occurs on or off of a premises, or whether the food is provided
from a pushcart, stand, or vehicle. Food service providers shall include, but are not
limited to, chain food service providers, restaurants, fast food restaurants, cafes,
sidewalk cafes, delicatessens, coffee shops, grocery stores, markets, supermarkets,
drug stores, pharmacies, bakeries, caterers, gas stations, vending trucks or carts, and
cafeterias.
Single-use plastic beverage straw means a tube, intended for only one-time use, that is
made predominantly of plastic derived from either petroleum or a biologically based
polymer, including polymers derived from corn or other plant sources, for transferring a
beverage from its container to the mouth of the drinker. Single-use plastic beverage
straw includes compostable and biodegradable petroleum or biologically based polymer
straws, but does not include straws that are made from non-plastic materials, such as
paper, sugar cane, bamboo, or other similar materials.
Single-use plastic stirrer means a device that is used to mix beverages, intended for only
one-time use, and made predominantly of plastic derived from either petroleum or a
biologically based polymer, including polymers derived from corn or other plant sources.
Single-use plastic stirrer includes compostable and biodegradable petroleum or
biologically based polymer stirrers, but does not include stirrers that are made from non-
plastic materials, such as paper, sugar cane, bamboo, or other similar materials.
Store means a retail or wholesale establishment other than a food service provider.
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Section 46-213. Prohibitions regarding the sale or use of single-use plastic beverage
straws and single-use plastic stirrers by food service providers and stores; exemptions.
Food service providers and stores shall not sell, use, offer for sale or use, or provide
beverages with single-use plastic beverage straws and single-use plastic stirrers.
Exceptions.
al The requirements of this article shall not restrict a food service provider or a store
from providing a beverage with, or offering the use of, a single-use plastic
beverage straw or single-use plastic stirrer to an individual with a disability or
medical condition that impairs the consumption of beverages without a single-use
plastic beverage straw or single-use plastic stirrer.
al The requirements of this article shall not apply to the school district, and county,
state, and federal governmental entities.
(3) Single-use plastic beverage straws and single-use plastic stirrers used for
prepackaged beverages that have been filled and sealed prior to receipt by the
food service provider or store.
Section 46-214. Enforcement; penalties.
Beginning October 1, 2019, the City shall engage in public education efforts to inform
food service providers and stores of the provisions of this article and to provide
assistance with identifying alternatives to single-use plastic beverage straws and single-
use plastic stirrers.
Beginning January 1, 2020, the City shall provide for a six (6) month warning period
through and including June 30, 2020 during which the code compliance department shall
issue written warnings for violations of this article.
Beginning July 1, 2020, the code compliance department shall fully enforce the
provisions in this article.
�dZ If a code compliance officer finds a violation of this article, the code compliance officer
shall issue a notice of violation. The notice shall inform the violator of the nature of the
violation, amount of fine for which the violator is liable, instructions and due date for
paving the fine, that the violation may be appealed by requesting an administrative
hearing before a special master within ten (10) days after service of the notice of
violation, and that the failure to appeal the violation within ten (10) days of service shall
constitute an admission of the violation and a waiver of the right to a hearing.
fgl A violator who has been served with a notice of violation must elect to either
In pay the following civil fine:
Lal First violation within a 12-month period $ 50.00;
Second violation within a 12-month period $100.00;
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Third or subsequent violation within a 12-month period....$500.00;
or
121 request an administrative hearing before a special master to appeal the notice of
violation, which must be requested within ten (10) days of the service of the
notice of violation. The procedures for appeal by administrative hearing of the
notice of violation shall be as set forth in sections 30-72 and 30-73 of this Code.
Applications for hearings must be accompanied by a fee as approved by a
resolution of the city commission, which shall be refunded if the named violator
prevails in the appeal.
Lf Failure to pay the civil fine, or to timely request an administrative hearing before a
special master, shall constitute a waiver of the violator's right to an administrative
hearing before the special master, and shall be treated as an admission of the violation,
for which fines and penalties shall be assessed accordingly.
A certified copy of an order imposing a fine may be recorded in the public records, and
thereafter shall constitute a lien upon any real or personal property owned by the
violator, which may be enforced in the same manner as a court judgment by the sheriffs
of this state, including levy against the violator's real or personal property, but shall not
be deemed to be a court judgment except for enforcement purposes. After three months
following the recording of any such lien that remains unpaid, the City may foreclose or
otherwise execute upon the lien for the amount of the lien plus accrued interest.
11 The special master shall be prohibited from hearing the merits of the notice of violation
or considering the timeliness of a request for an administrative hearing if the violator has
failed to request an administrative hearing within ten (10) days of the service of the
notice of violation. The special master shall not have discretion to alter the penalties
prescribed in this article. Any party aggrieved by a decision of a special master may
appeal that decision to a court of competent jurisdiction.
Section 46-215. Financial hardship waiver.
Any food service provider or store that reported an annual gross income under $500,000 per
location on its income tax filing for the most recent tax year, and that is not a chain food service
provider or chain store, may request from the city manager, in a manner and form established
by the city manager, a financial hardship waiver of the requirements of this article. The city
manager may grant a waiver if the food service provider or store proves the following:
.(g), there is no comparable alternative product not composed of plastic that would cost the
same as or less than single-use plastic beverage straws and single-use plastic stirrers,
and
131 the purchase or use of an alternative product not composed of plastic would create an
undue financial hardship.
Such financial hardship waiver shall be valid for twelve months and may be renewable upon
application to the city manager. If an administrative hearing is requested pursuant to section 46-
214(e)(2), a pending financial hardship waiver request shall be grounds for a continuance of the
administrative hearing, but only if the notice of violation was issued after the submittal of the
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financial hardship waiver request.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
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 part of the
Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered
or relettered 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 on the a/ day of SQr '`°d, 2019.
PASSED AND ADOPTED this // day of Cei -e7176Pr, 2019.
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ATTEST: --
Dan Gelber, Mayor
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R ael E. Grana yo, City Clerk
(Sponsored by Commissioner Ricky Arriola and Mayor Dan Gelber)
Underline denotes additions
Doubleunderline denotes additions after the First Reading
Strike through denotes deletions
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• Ordinances -R5 E
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: September 11, 2019
10:25 a.m. 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 CODE OF
THE CITY OF MIAMI BEACH, ENTITLED "ENVIRONMENT," BY CREATING
ARTICLE VIII, TO BE ENTITLED "SALE OR USE RESTRICTIONS FOR
SINGLE-USE PLASTIC BEVERAGE STRAWS AND SINGLE-USE PLASTIC
STIRRERS," TO ESTABLISH REGULATIONS FOR THE SALE AND USE OF
SINGLE-USE PLASTIC BEVERAGE STRAWS AND SINGLE-USE PLASTIC
STIRRERS, AND TO PROVIDE FOR ENFORCEMENT, PENALTIES, AND
WAIVERS FOR FINANCIAL HARDSHIP; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
RECOMMENDATION
Adopt the ordinance for second reading establishing regulations for sale and use of single-use
plastics.
ANALYSIS
At the Commission meeting on July 25, 2018, the City Commission and Mayor adopted an
ordinance extending the city's previous single-use plastic straw/stirrers ban from beaches to all
city properties, including marinas, parks, piers, docks, boat ramps and sidewalk cafes (as well
as contractors and special events permitees).At the Commission meeting on July 17, 2019, the
City Commission and Mayor adopted for first reading an ordinance to extend city-wide the city's
single-use plastic straw/stirrers ban. The Commission requested to add exemptions to the
ordinance, including individuals with a disability or medical condition that impairs the
consumption of beverages without a single-use plastic beverage straw or single-use plastic
stirrer; and single-use plastic beverage straws and single-use plastic stirrers used for
prepackaged beverages that have been filled and sealed prior to receipt by the food service
provider or store.
The small size and disposable nature of single-use plastic beverage straws and single-use
plastic stirrers cause them to become an environmental blight for coastal communities
worldwide. The City of Miami Beach, similar to other cities, is a major and internationally
recognized tourist destination that continues to encounter a proliferation of discarded plastic
straws and plastic stirrers on the City's beaches, waterways, and streets, as a result of
businesses providing plastic straws and plastic stirrers with beverages, and improper disposal
Page 605 of 2228
of those beverages and straws by consumers.
The average plastic straw is used only for a few minutes before being discarded. Plastic straws
are one of the most commonly found littered items during beach cleanups and pose a challenge
to daily cleaning efforts carried out by Miami-Dade County Parks and Recreation Beach
Operations and Miami Beach Sanitation Department staff. It is estimated that 500 million single-
use plastic beverage straws are used by Americans daily. Many of these end up in the ocean,
where it takes approximately 200 years to begin degrading.According to a United Nations (UN).
article, over eight million metric tons of plastic are found in our oceans every year, impacting our
marine wildlife, fisheries, and tourism, and costing at least $8 billion in damage to marine
ecosystems. Plastic straws are among the top ten marine debris items.
The remains and broken-down particles of these types of plastic are ingested by wildlife such as
shore birds, sea turtles,and fish. The UN takes the position that it is critical to the public's health,
safety, and welfare to reduce litter and pollutants. Accordingly, the UN has launched a full
campaign to encourage countries around the world to reduce their dependency on single-use
plastics.
The City of Miami Beach is committed to reducing single-use plastics and the attached draft
ordinance (Attachment A) is proposed the further extend the city's existing single-use plastic
straw/stirrers city-wide. The purpose of this ordinance is to further reduce the amount of plastic
pollution outside of the waste stream and in Miami Beach's storm drains and waterways through
litter and the circulation of windblown debris, as well as to improve the City's water quality. The
proposed ordinance amends Chapter 46 of the City Code, to prohibit single-use plastic
beverage straws and single-use plastic stirrers citywide. The ordinance exempts individuals with
a disability or medical condition that impairs the consumption of beverages without a single-use
plastic beverage straw or single-use plastic stirrer; school district, and county, state, and federal
governmental entities; and single-use plastic beverage straws and single-use plastic stirrers
used for prepackaged beverages that have been filled and sealed prior to receipt by the food
service provider or store.
Similar to the City's polystyrene restriction, the ordinance proposes a phased implementation.
• During the first three months, a public education campaign will be conducted to inform
businesses and residents of the provisions of the ordinance, and to provide assistance
with identifying alternatives to single-use plastic beverage straws and single-use plastic
stirrers(i.e.from October 1,2019,through December 31,2019).
• Following the City's public education efforts, the City will provide for a six-month
written warning period (i.e. from January 1, 2020, through June 30, 2020), during which
time written warnings will be issued by the Code Compliance Department for violations of
the ordinance.
Beginning on July 1, 2020, the Code Compliance Department will enforce the full
enforcement and penalty provisions in the ordinance.
The city's#PlasticFreeMB program will assist with the public outreach implementation phase.
CONCLUSION
The Administration recommends the Mayor and City Commission to adopt the Ordinance for
Page 606 of 2228
second reading.
•
Legislative Tracking
Environment and Sustainability
Sponsor
Vice-Mayor Ricky Arriola and Co-sponsored by Mayor Gelber and Commissioner Gongora
ATTACHMENTS:
Description
o Ordinance
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