Ordinance 2022-4509 ORDINANCE NO. 2022-4509
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF
THE MIAMI BEACH CITY CODE, ENTITLED "PUBLIC PROPERTY,"
BY AMENDING ARTICLE 1, ENTITLED "IN GENERAL," BY
CREATING SECTION 82-9 THEREOF, ENTITLED "SMOKING IN
PARKS AND ON THE BEACHES IS PROHIBITED," TO PROHIBIT
SMOKING IN THE CITY'S PARKS AND ON THE CITY'S PUBLIC
BEACHES, WITH THE EXCEPTION OF UNFILTERED CIGARS;
AND, PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, cigarette butts are by far the most common item polluting our parks,
beaches and waterways; and
WHEREAS, according to research from Ocean Conservancy, cigarette butts are
a top item left behind on beaches for the past 31 during the International Coastal
Cleanup; and
WHEREAS, small and notoriously difficult to clean up, cigarette butts contain
toxic chemicals and microplastics that adversely impact the environment; and
WHEREAS, on.June 17, 2022, Governor Ron DeSantis signed a House Bill 105
("HB 105"), which amended the Florida Clean Indoor Air Act (FCIAA) to allow cities and
counties to restrict smoking at beaches and parks, subject to certain exceptions; and
WHEREAS, specifically, HB 105 authorizes counties and municipalities to restrict
smoking within the boundaries of any public beaches and public parks they own or that
are County-owned but within a city's jurisdiction, unless such restriction conflicts with
county ordinance; and
WHEREAS, however, under HB 105, counties and municipalities may not restrict
the smoking of unfiltered cigars; and
WHEREAS, prohibiting smoking on the City's public beaches is in the best
interest of the City, its residents and visitors, and the environment.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Section 82-9 of Article I, of Chapter 82 of the City Code, entitled "Public
Property," is hereby created as follows:
CHAPTER 82
PUBLIC PROPERTY
ARTICLE I. IN GENERAL
* * *
Sec. 82-9. Smoking in the parks and on the beaches is prohibited.
It shall be unlawful for any person to smoke in public parks or on public beaches.
"Smoking" means inhaling, exhaling, burning, carrying, or possessing any lighted
tobacco product, including cigarettes, cigars, pipe tobacco, and any other lighted
tobacco product, with the exception of unfiltered cigars.
The following penalties shall be imposed for violations of this section:
a. First offense within a 12-month period: punishable by a $100.00 civil fine, or by
imprisonment for a term not exceeding 60 days in accordance with section 1-14
of the City Code.
b. Second offense within a 12-month period: punishable by a $200.00 civil fine. or
by imprisonment for a term not exceeding 60 days in accordance with section 1-
14 of the City Code.
c. Third or subsequent offense within a 12-month period: punishable by a $500.00
civil fine, or by imprisonment for a term not exceeding 60 days in accordance
with section 1-14 of the City Code.
* * *
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 part of the Miami Beach City Code. 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 3. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
2
SECTION 4. SEVERABILITY
If any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect on January 1, 2023.
PASSED AND ADOPTED this /9 day of 5 /rier , 2022.
ATTEST:
Dan Gelber, Mayor
9:
&,,Leta_
Rafael E. Granad , City Clerk
(Sponsored by Vice-Mayor Alex J. Fernandez)
1h[OFP OPJTEDs
Underlined denotes new additions ... ..�; �?_=
,QcH\26,
Doubleunderlined denotes new additions after First Reading
APPROVED AS TO
FORM & LANGUAGE
• & FOR EXECUTION
City Attomeyoc Data
3
Ordinances-R5 B
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: September 14, 2022
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 82 OF THE MIAMI
BEACH CITY CODE, ENTITLED 'PUBLIC PROPERTY," BY AMENDING
ARTICLE 1, ENTITLED "IN GENERAL," BY CREATING SECTION 82-9
THEREOF, ENTITLED "SMOKING IN PARKS AND ON THE BEACHES IS
PROHIBITED," TO PROHIBIT SMOKING IN THE CITY'S PARKS AND ON
THE CITY'S PUBLIC BEACHES, WITH THE EXCEPTION OF UNFILTERED
CIGARS; AND, PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION,AND AN EFFECTIVE DATE.
ANALYSIS
See attached Commission Memorandum.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
N/A
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.Q.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Office of the City Attorney
Sponsor
Vice-Mayor Alex Fernandez
Page 674 of 1700
ATTACHMENTS:
Description
Commission Memorandum
a Ordinance
Page 675 of 1700
41
it (` - i
5
OFFICE OF THE CITY ATTORNEY
RAFAEL PAZ,CITY ATTORNEY COMMISSION MEMORANDUM
TO: Mayor Dan Gelber and Members of the City Commission
Alina T. Hudak, City Manager
SECOND READING
FROM: Rafael A. Paz, City Attorney Z
DATE: SEPTEMBER 14, 2022 -co F- e
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE
MIAMI BEACH CITY CODE, ENTITLED "PUBLIC PROPERTY," BY
AMENDING ARTICLE 1, ENTITLED "IN GENERAL," BY CREATING
SECTION 82-9 THEREOF, ENTITLED "SMOKING IN PARKS AND ON
THE BEACHES IS PROHIBITED," TO PROHIBIT SMOKING IN THE
CITY'S PARKS AND ON THE CITY'S PUBLIC BEACHES, WITH THE
EXCEPTION OF UNFILTERED CIGARS; AND, PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
The attached Ordinance was prepared at the request of Vice-Mayor Alex J. Fernandez.
The Mayor and City Commission approved the Ordinance on first reading at the July 20,
2022 City Commission meeting.
On June 17, 2022, Governor Ron DeSantis signed a House Bill 105 ("HB 105"), which
amended the Florida Clean Indoor Air Act(FCIAA) to allow cities and counties to restrict
smoking at beaches and City and County-owned public parks, subject to certain
exceptions. Specifically, HB 105 authorizes counties and municipalities to restrict
smoking within the boundaries of any public beaches and public parks they own or that
are owned by the county, and within a city's jurisdiction, unless such restriction conflicts
with county ordinance.
Cigarette butts are by far the most common item polluting our parks, beaches and
waterways. According to research from Ocean Conservancy, cigarette butts are a top
item left behind on beaches for the past 31 during the International Coastal Cleanup.
Small and notoriously difficult to clean up, cigarette butts contain plastic filters, toxic
chemicals and microplastics that adversely affect the environment.
The only changes made between First and Second Readings relate to the penalty
provisions of the Ordinance. The sponsor now proposes the following penalties:
Page 676 of 1700
Commission Memorandum — Prohibiting Smoking in Public Parks and On Public Beaches
September 14, 2022
Page 2
a. First offense within a 12-month period: $100.00 civil fine, or as a criminal municipal
ordinance violation, punishable in accordance with section 1-14 of the City Code.
b. Second offense within a 12-month period: $200.00 civil fine, or as a criminal
municipal ordinance violation, punishable in accordance with section 1-14 of the
City Code.
c. Third or subsequent offense within a 12-month period shall only be punishable as
a criminal municipal ordinance violation, in accordance with section 1-14 of the
City Code.
Prohibiting smoking on the City's public beaches is in the best interest of the City, its
residents and visitors, and the environment. The proposed Ordinance seeks to prohibit
smoking in public parks or on public beaches, with the exception of unfiltered cigars, as
permitted by the new Florida law.
RAP/FA/ag
Page 677 of 1700