R5Q-Prohibit Sale Or Use Of Expanded Polystyrene Food Service Articles -Grieco-&
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Auirl/,lv/ri BEACH
OFFICE OF THE CIry ATTORNEY
RAUL J. AGUII.A, CITY ATTORNEY
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
clTY MANAGER JIMMY MORALES ^ , ^ .( -_crry ArroRNEy RAUL J. AGUTLA lU/. et
JUNE 11,2014
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE CODE OF THE
clTY oF MIAM! BEACH, ENTITLED "ENVIRONMENT," By AMENDING
ARTICLE III, ENT]TLED "LITTER," BY AMENDING DIVISION 1, ENTITLED,.GENERALLY,'' BY AMENDING SEGTION 46-92 THEREOF, ENTITLED
"LITTER; DEFINITIONS; PROHIBITIONS ON LITTER; PENALTIES FOR
LITTER AND COMMERCIAL HANDBILL VIOLATIONS; COMMERCIAL
HANDBILL REGULATIONS, FINES, AND REBUTTABLE PRESUMPTIONS;
SEIZURE AND REMOVAL OF LITTER BY THE CITY; ENFORCEMENT;
APPEALS; LIENS" TO PROHIBIT ANY PERSON FROM CARRYING ANY
EXPANDED POLYSryRENE FOOD SERVICE ARTICLE INTO ANY PARK;
AMENDING CHAPTER 82 OF THE CODE OF THE GITY OF MIAMI BEACH,
ENTITLED "PUBLIC PROPERTY," By AMENDING ARTTCLE l, ENTITLED ,,tN
GENERAL," BY CREATING SEGTION 82.7 THEREOF, ENTITLED..PROHIBITIONS REGARDING SALE OR USE OF EXPANDED
POLYSTYRENE FOOD SERVICE ARTIGLES BY CITY CONTRACTORS AND
SPECIAL EVENT PERMITTEES,'' TO PROHIBIT THE SALE, USE, AND
OFFERING OF EXPANDED POLYSryRENE FOOD SERVICE ARTICLES BY
CITY CONTRACTORS AND SPECIAL EVENT PERMITTEES; AMENDING
CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEAGH, ENTITLED..PUBLIC PROPERry," BY AMENDING ARTICLE IV, ENTITLED 'USES IN
PUBLIC RIGHTS-OF-WAY," BY AMENDING DIVISION 5, ENTITLED..SIDEWALK CAFES,'' BY AMEND!NG SUBDIVISION I!, ENTITLED..PERMIT,'' BY AMENDING SECT]ON 82-385 THEREOF, ENTITLED
"MINIMUM STANDARDS, CRITERIA, AND GONDITIONS FOR OPERATION
OF SIDEWALK CAFES,'' TO PROVIDE PROHIBITIONS REGARDING
EXPANDED POLYSTYRENE FOOD SERVICE ARTICLES ON THE RIGHT-OF-
WAY; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFIGATION,
AND AN EFFECTIVE DATE.
Pursuant to the request of Commissioner Michael Grieco, the attached Ordinance is
submitted for consideration by the Mayor and City Commission on First Reading.
RJA/DT/sc
F:\ATTO\TURN\COMMMEMO\Polyslyrene - June 201 4.docx
Agenda rt"rn RSG,
Date b-ll-11475
ORDINANCE NO.
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 AMENDING ARTIGLE il, ENTITLED "L|TTER," BY AMENDING
DIVISION 1, ENTITLED "GENERALLY," BY AMENDING SECTION 46-
92 THEREOF, ENTITLED "LITTER; DEFINITIONS; PROHIBITIONS ON
LITTER; PENALTIES FOR LITTER AND COMMERCIAL HANDBILL
VIOLATIONS; COMMERGIAL HANDBILL REGULATIONS, FINES,
AND REBUTTABLE PRESUMPTIONS; SEIZURE AND REMOVAL OF
LITTER BY THE CITY; ENFORCEMENT; APPEALS; LIENS" TO
PROHIBIT ANY PERSON FROM CARRYING ANY EXPANDED
POLYSTYRENE FOOD SERVICE ARTICLE INTO ANY PARK;
AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI
BEACH, ENTITLED "PUBLIC PROPERTY,'' BY AMENDING ARTICLEI, ENTITLED "IN GENERAL," BY CREATING SECTION 82-7
THEREOF, ENTITLED "PROHIBITIONS REGARDING SALE OR USE
OF EXPANDED POLYSryRENE FOOD SERVIGE ARTICLES BY CITY
CONTRACTORS AND SPECIAL EVENT PERMITTEES,'' TO PROHIBIT
THE SALE, USE, AND OFFERING OF EXPANDED POLYSWRENE
FOOD SERVICE ARTICLES BY CITY CONTRACTORS AND SPECIAL
EVENT PERMITTEES; AMENDING CHAPTER 82 OF THE CODE OF
THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY
AMENDING ARTICLE IV, ENTITLED "USES IN PUBLIC RIGHTS-OF-
wAY," BY AMENDING DIVISION 5, ENTITLED "SIDEWALK CAFES,"
BY AMENDING SUBDIVISION II, ENTITLED "PERMIT," BY
AMENDING SECTION 82-385 THEREOF, ENTITLED ..MINIMUM
STANDARDS, CRITERIA, AND CONDITIONS FOR OPERATION OF
SIDEWALK CAFES," TO PROVIDE PROHIBITIONS REGARDING
EXPANDED POLYSTYRENE FOOD SERVICE ARTICLES ON THE
RIGHT-OF-WAY; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
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 byproduct 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
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WHEREAS, disposable food service articles constltute 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, 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 use of expanded
polystyrene food service articles by its contractors and special event permittees in City facilities
and on City property; will prohibit the use of expanded polystyrene food service articles by
sidewalk cafes on the public right-of-way; and, will strengthen its litter laws by prohibiting
expanded polystyrene products in City parks; 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 CIry OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Division 1 of Article lll of Chapter 46 of the Code of the Clty Miami Beach is
hereby amended as follows:
CHAPTER 46
ENVIRONMENT
***
ARTICLE lll. Litter
DIVISION 1. Generally
Sec. 46-92. Litter: definitions: prohibitions on litter: penalties for litter and commercial
handbill violations: commercial handbill requlations, fines. and rebuftable
presumptions: seizure and removal of litter bv the citv; enforcement:
aPPeals, liens.
(a) 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:
(5) Litter means any paper, handbill, commercial handbill, garbage, bottle caps,
chewing gum, tobacco products, including, but not limited to, used and unused
cigarettes, cigars, pipe or chewing tobacco, styre+eam polvstvrene or plastic products, or
other waste, including, but not limited to, tree, plant, and grass cuttings, leaves, or other
yard maintenance debris, that has been placed or deposited on a public sidewalk, street,
road, avenue, beach, swale, median, building, fence, wall, boardwalk, beachwalk,
baywalk, cutwalk, park, or in a gutter, drain, or sewer, or on any other public property,
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right-of-way or place, or on any object located on public property, or on the kneewall,
window ledge or sill of any public or private building, or on a motor vehicle, or on any
other type of private real or personal property. Handbills and commercial handbills
attached to a trash receptacle, but not within the trash receptacle in the usual manner,
shall also be considered litter.
(c) Prohibitions on beaches and parks. lt shall be unlawful for any person to carry onto
any beach within the city a glass or metal bottle or other glass or metal container. ln addition, it
shall be unlawful for any person to carry any styrefeam expanded polvstvrene product onto any
beach or into anv park within the city or for any business to provide plastic straws with the
service or delivery of any beverage to patrons on the beach.
SECTION 2. That Article I of Chapter 82 of the Code of the City Miami Beach is hereby
amended as follows:
CHAPTER 82
PUBLIC PROPERry
ARTICLE l.* ln General
Sec.82-7 Prohibitions reqardinq sale or use of expanded polvstvrene food service
articles bv citv contractors and special event permiftees.
(a) Leorslallve rnfent. Expanded polvstvrene. a petroleum bvproduct commonlv known as
Stvrofoam, is neither readilv recvclable nor biodeqradable and takes hundreds to
thousands of vears to deorade. Expanded polvstvrene is a common pollutant, which
fraqments into smaller, non-biodeqradable pieces that are harmful to marine life, other
wildlife. and the environment. The Citv's qoals are to reduce the use of expanded
polvstvrene and encouraqe the use of reusable, recvclable, or compostable alternatives.
(b) Defrnffions. For purposes of this section onlv. the followinq definitions shall applv:
(1) Clly confracfor means a contractor. vendor, lessee, concessionaire of the Citv. or
operator of a Citv facility or propertv.
(2) Expanded polys/yrene means blown polvstvrene and expanded and extruded foams
that are thermoplastic oetrochemical materials utilizinq a styrene monomer and
processed by anv number of techniques includinq, but not limited to, fusion of
polvmer soheres (exoandable bead foam). iniection moldinq, foam moldino, and
extrusion-blown moldinq (extruded foam polvstvrene).
(3) Expanded polyslyrene food servrce arfrcles means plates. bowls, cuos, containers.
lids. travs. coolers, ice chests, and all similar articles that consist of expanded
polvstvrene.
(4) Public faclfiies include, but are not limited to. any buildinqs. structures, parks.
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beaches, or oolf courses owned. operated, or manaoed bv the Citv.
(5) Publlc properfy includes, but is not limited to, anv land, water. or air riohts owned.
operated, or manaqed bv the Citv.
(6) Specra/ evenl permrttee means anv person or entitv issued a special event permit bv
the Citv for a special event on public oropertv or in a public facilitv.
(c) Citv contractors and special event oermittees shall not sell, use, provide food in, or offer
the use of expanded polvstvrene food service articles in public facilities or on public
propertv. A violation of this section shall be deemed a default under the terms of the Citv
contract. lease. or concession aqreement and is qrounds for revocation of a soecial
event permit. This subsection shall not apolv to expanded polvstvrene food service
articles used for prepackaqed food that have been filled and sealed prior to receipt bv
the Citv contractor or special event permittee.
(d) Anv Citv contract, lease, or concession aoreement entered into prior to the effective date
of this section or any special event oermit issued orior to the effective date of this section
shall not be subiect to the requirements of this section. unless the Citv contractor or
speclal event oermittee voluntarilv aqrees thereto.
SECTION 3. That Subdivision ll of Division 5 of Article lV of Chapter 82 of the Code of the City
Miami Beach is hereby amended as follows:
CHAPTER 82
PUBLIC PROPERTY
ARTICLE lV. Uses in Public Rights-of-Way
***
DIVISION 5. Sidewalk Gafes
Subdivision ll. Permit
Sec. 82-385 Minimum standards. criteria. and conditions for operation of sidewalk cafes
(p) No food preparation, food storage, expanded polvstyrene food service articles,
refrigeration apparatus or equipment, or fire apparatus or equipment, shall be allowed on the
right-of-way. ln addition, expanded polvstvrene food service articles shall not be provided to
sidewalk caf6 patrons.
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
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SECTION 5. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. 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 7. EFFECTIVE DATE.
This Ordinance shall take effect on the day of 2014.
PASSED AND ADOPTED this
ATTEST:
day of 2014.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Michael Grieco)
Underline denotes additions
Strike+Areugh de notes de leti o n s
APPROVED AS TO
FOR[/ & LAI(GUAGE
& FOR EYiECUiIOi{
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