Ordinance 2025-4755 ORDINANCE NO; 2025-4755
AN ORDINANCE OF THE MAYOR AND CITY COIVIMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE
MIAMI BEACH CITY CODE, ENTITLED "PUBLIC PROPERTY," BY
. AMENDING ARTICLE III, ENTITLED "USE OF PUBLIC PROPERTY," �Y
AMENDING DIVISION 1, ENTITLED "GENERALLY," BY AMENDING
SECTION 82-73 THEREOF, ENTITLED "BALLOONS PROHIBITED AT
PUBLIC MARINAS, MARINE FACILITIES, PARKS, AND BEACHES" TO
INCREASE THE CIVIL PENALTIES AND SPECIFY RESPON5IBLE
PARTIES FOR VIOLATIONS IN ORDER TO DETER HARMFUL
LITTERING AND PROTECT MARINE AND COASTAL WILDLIFE; AND,
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND
AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach is committed to the preservation and
protection of its marine environment; and
WHEREAS, balloons that are released into the environment pose a threat to
marine life, birds, and other wildlife; and
WHEREAS, the City acknowledges the potential risk of balloons causing
environmental pollution, obstructing waterways, and compromising the aesthetic appeal
of the marinas, marine facilities, and the waterways (including Biscayne Bay); and
WHEREAS, studies have shown that balloons, particularly those made of non-
biodegradable materials "such as mylar, can persist in the environment for extended
periods of time, contributing to pollution and ecological disruption; and
WHEREAS, the City recognizes the importance of fostering public awareness
regarding the detrimental effects of balloon use in marine areas and endeavors to
encourage responsible practice; and
WHEREAS, pursuant to Fla. Stat. 379.233, the State of Florida has already
prohibited the release of 10 or more balloons inflated with a gas that is lighter than air
within any 24-hour period; and -
WHEREAS, pursuant to Fla. Stat. 403.161 of Chapter 403, entitled "Environmental
Control," the State of Florida has also prohibited any person from causing any pollution
so as to harm or injure human health or welfare, animal, plant or aquatic life or property;
and
WHEREAS, on January 31, 2024, the Mayor and City Commission adopted
Ordinance No. 2024-4590 prohibiting the use or possession of balloons at public marinas,
beaches, marine facilities, or parks to prevent environmental pollution, avert the
unnecessary obstruction of waterways, and avoid denigrating the aesthetics of the
waterways and its marinas, marine facilities, parks, and beaches; and �
�
WHEREAS, the Mayor and City Commission wish to amend Ordinance No. 2024-
4590 to increase the civil penalties and to expand the scope of liability for violations in
order to further deter harmful littering and protect marine and coastal wildlife.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 82-73 of the City Code shall be amended as follows:
� CHAPTER 82
PUBLIC PROPERTY
� * *
ARTICLE III. USE OF PUBLIC PROPERTY
* * *
DIVISION 1. GENERALLY
* � �
Sec. 82-73. Balloons prohibited at public marinas, marine facilities, parks, and
beaches.
(a) Purpose. This section is enacted to protect the marine environment, wildlife,
aesthetics, and public safety by prohibiting the possession or use of balloons at all
public marinas, public marine facilities, and public parks and beaches in the city.
(b) Definitions. The following words, terms, and phrases, when used in this section, shall
have the meaning ascribed to them in this section, except where the context clearly
indicates a different meaning:
Bal/oon means an inflatable object made of any material, including, but not limited to
rubber, latex polvchloroprene, BoPET, metalized plastic or nvlon fabric, that can be filled
with gas or air, and is typically sealed at the neck and tethered, but shall not include
inflatable items commonly used in the water, or at the park or beach, such as rafts, toys,
or balls.
Marina means any installation which provides any accommodations or facilities for
watercraft. including mooring, docking, storing, leasing, sale. rental, or servicing of
watercraft, located in the waters of the city.
Marine facility means any device, structure, building or component of a marina.
(c) Prohibition. {�} No person or entity shall possess or use a balloon at the followinq
. locations:
� at anv public marina or public marine facility; or
,
, � at any public park;or public beach.
, ,
,,.,�a�A��� mvlor ,,,- ,n., „��_,-�ior�. Vessel operators shall be liable for a
violation of the foregoinq prohibition if anv balloons are present on the vessel in the
possession, custodv, or control, of anv crew member, passenqer, or other person.
(d) Enforcement and penalties.
(1) Notice of violation. If a code compliance officer(which term specifically includes
all law enforcement officers) observes a violation of this section, the 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 paying the fine, that the violation may be appealed by requesting an
administrative hearing before a special magistrate within ten days after service
of the notice of violation, and that the failure to appeal the violation within ten
days of service shall constitute an admission of the violation and a waiver of the
right to a hearing.
(2) Written warnings. Unless a written warning has been previously issued to the
violator in the preceding 12 months, a code inspector may, in lieu of issuing a
notice of violation, first issue a written warning to the violator to cease the
violation by either:
a. Immediately popping and disposing of all balloons being possessed or used
on the prohibited public property in an appropriate trash receptacle; or
b. Immediately removing all balloons being possessed or used on the
prohibited public property from any public marina, public marine facility,
public park or public beach.
The written warning shall be substantially in the same form as the notice of
violation as set forth in subsection 82-73(d)(1) above. The failure to correct the
violation within ten minutes following the issuance of a written warning shall
result in the issuance of a notice of violation pursuant to this section.
; (3) A violator who has been served with a notice of violation must elect to either:
a. Request an administrative hearinq before a special maqistrate to appeal the
notice of violation, which must be requested within ten days of the service
of the notice of violation. The procedures for appeal bv administrative
hearinq of the notice of violation shall be as set forth in sections 30-72 and
30-73 of this Code. Applications for hearinqs must be accompanied bv a fee
as approved by a resolution of the citv commission, which shall be refunded
if the named violator prevails in the appeal; or
� b. Pay the applicable civil fine:
i. For a violation of subsection 82-73(c)(1):
1. First violation bv a person or entitv within a 12-month period shall be a
civil fine of $250 for each balloon up to a maximum total fine of
1 000.00'
2. Second or subsequent violation bv a person or entity within a 12-month
period shall be a civil fine of $1,250.00 for each balloon up to a
maximum total fine of$5,000.00;
ii. For a violation of subsection 82-73(c)(2):
1. First violation by a person or entity within a 12-month period shall be a
civil fine of $100.00 for each balloon up to a maximum total fine of
$1,000.00;
2. Second violation by a person or entity within a 12-month period shall
be a civil fine of$250.00 for each balloon up to a maximum total fine of
$2,500.00;
3. Third violation by a person or entity within a 12-month period shall be
a civil fine of $500.00 for each balloon up to a maximum total fine of
$5,000.00;
4. Fourth or subsequent violation by a person or entity within a 12-month
period shall be a civil fine of $1,000.00 for each balloon up to a
maximum total fine of$5,000.00.
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(4) Failure to pay the civil fine, or to timely request an administrative hearing before
a special magistrate, shall constitute a waiver of the violator's right to an
administrative hearing before the special magistrate, and shall be treated as an
admission of the violation, for which fines and penalties shall be assessed
accordingly.
(5) 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.
(6) The special magistrate 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
days of the senrice of the notice of violation. The special magistrate shall not
have discretion to alter the penalties prescribed in this article. Any party
aggrieved by a decision of a special magistrate may appeal that decision to a
court of competent jurisdiction.
(e) Public awareness. The city shall undertake a public awareness campaign to inform
residents, businesses, and visitors about the prohibition on balloon possession or
use at public marinas, public marine facilities, public parks, and public beaches.
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 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 on the a day of �u u -� , 2025.
PASSED AND ADOPTED this a3 day of J�l , 2025.
ATTEST:
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JUL 2 5 202� Steven Meiner, Mayor
Rafael E. Granado, City Clerk
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(Sponsored by Vice-Mayor David Suarez) ; ::�����. ;
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Ordinances - R5 D
l�l��AI��I �EA� I� ,
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: July 23, 2025 9:35 a.m. Second Reading Public Hearing .
TITLE: AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE CITY OF
MIAM! BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE MIAMI BEACH CITY
CODE, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE III, ENTITLED
"USE OF PUBLIC PROPERTY," BY AMENDING DIVISION 1, ENTITLED
"GENERALLY," BY AMENDING SECTION 82-73 THEREOF, ENTITLED
"BALLOONS PROHIBITED AT PUBLIC MARINAS, MARINE FACILITIES, PARKS,
AND BEACHES" TO INCREASE THE CIVIL PENALTIES AND SPECIFY
RESPONSIBLE PARTIES FOR VIOLATIONS IN ORDER TO DETER HARMFUL
LITTERING AND PROTECT MARINE AND COASTAL WILDLIFE; AND,
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION •AND AN
EFFECTIVE DATE.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The attached Ordinance was prepared at the request of Commissioner David Suarez for
consideration at the June 25, 2025 City Commission meeting.
On January 31, 2024, the Mayor and City Commission adopted Ordinance No. 2024-4590
prohibifing the use or possession of balloons at public marinas, beaches, marine facilities, or
parks to prevent environmentaf pollution, avert the unnecessary obstruction of waterways, and
avoid denigrating the aesthetics of the waterways and its marinas, marine facilities, parks, and
beaches.
The spansor of this Ordinance proposes to amend Ordinance No. 2024-4590 to increase the civil
penafties and to expand the scope of liability for violations in order to further deter harmful littering
and protect marine and coastal wildlife. Specifically, possession or use of ballons at any public
marina or public marine facility by a person or entity shall result in the following fines: (1) first
violation within a 12-month period shall be a civil fine of$250 for each bafloon up to a maximum
total fine of$1,000.00; (2) second or subsequent violation by a �erson or entity within a 12-month
period shalf be a civil fine of$1,250.00 for each balloon up to a maximum total fine of$5,000.00.
Furthermore, vessel operators shall be liable for a violation of the foregoing prohibition if any
balloons are present on the vessel in the possession, custody, or control, of any crew member,
passenger, or other person.
FISCAL IMPACT STATEMENT •
957 of 1791
N/A � �
Does this Ordinance require a Business Imaact Estimate? Yes
(FOR ORDINANCES ONLY)
if applicable, the Business Impact Estimate (BIE) was published on: 7/9/2025
�See BIE at: https://www.rniamibeachfl.qov/citv-hall/citv-clerk/meetinq-notices/
FINANCIAL INFORMATION .
CONCLUSION
� Applicable Area �
Citywide '
Is this a "Residents Riqht to Know" item, Is this item related to a G.O. Bond
pursuant to Citv Code Section 2-17? Proiect?
No No
Was this Aqenda Item initially reauested bv a lobbvist which, as defined in Code Sec. 2-481,
includes a princiaal enqaqed in lobbvinct? No
If so, specify the name of lobbyist(s) and principal(s):
Department
City Attorney
' Suonsor(s) . �
, Commissioner David Suarez
Co-sponsor(s)` '
Condensed Titte
9:35 a.m. 2nd Rdg, Balloons Prohibited at Public Marinas/Marine Facilities/Parks/Beaches. (DS)
ca
Previous Action (For Citv Clerk Use Onlv)
First Reading Public.Hearing an 6/25/2025 - R5 AB
958 of 1791