R5B-Prohibit Sale-Use Of Polystyrene Food Service Articles -Grieco-COMMISSION ITEM SUMMARY
Condensed Title:
Second Reading of an Ordinance prohibiting the carrying of expanded polystyrene into parks; prohibiting
the sale or use in public facilities and on public property of expanded polystyrene food service articles by
City contractors and special event permittees; and prohibiting sidewalk caf6s from providing expanded
food service articles on the riqht-of-wav or to sidewalk caf6 patrons.
Enhance the Environmental Sustainability of the Communlty.
Supporting Dala: 2oh of residential respondents indicated trash and litter is an area that the City needs to
improve. ln the 2014 Community Satisfaction Survey, residential respondent and business owner
4o/o and 2o/o from 2012,
SECOND READING - PUBLIC HEARING
Miami Beach is a barrier island with approximately 70 miles of shoreline along numerous canals and
watennrays. The waters surrounding the City support a wide variety of flora and fauna. These waters also
act as nurseries and habitat for migratory birds and for commercially and recreationally important fish.
Furthermore, the City's beaches support shorebird species and are a designated nesting habitat for the
protected Loggerhead, Green, and Leatherback sea turtles. lt is especially critical that the City limit
pollutants from entering the environment due to its proximity to the City's vast system of interconnected
waterways and sensitive marine habitats. One pollutant of particular concern is expanded polystyrene, a
petroleum based by-product which constitutes a large portion of the litter in the City's streets, public places,
and watenrrays. Expanded polystyrene is a particularly harmful pollutant because it is non-biodegradable
and not readily recyclable. Furthermore, it fragments into smaller pieces that easily enter and remain in the
environment harming or killing marine life and other wildlife that accidentally ingest it.
Section 46-92 of the City Code currently bans the carrying of Styrofoam products onto the City's beaches.
The proposed Ordinance replaces the word "Styrofoam" in the definition of "litter" in this section with the
correct term "polystyrene". Additionally, the Ordinance extends the prohibition of expanded polystyrene
products to parks because many City parks are located along in close proximity to bodies of water and,
therefore, litter at these locations can easily enter the marine environment. The proposed Ordinance also
amends Chapter 82 of the City Code by creating Section 82-7, which prohibits the sale or use of expanded
polystyrene food service articles in public facilities and on public property by City contractors and special
event permittees. The prohibition only applies to new contracts entered after the effective date, unless an
entity with an existing contract or special event permit agrees to voluntarily cease using expanded
polystyrene food service articles.
Finally, the proposed Ordinance amends the minimum standards for sidewalk caf6s in Section 82-385 to
prohibit expanded polystyrene food service articles on the right-of-way and to prohibit sidewalk caf6
permittees from providing expanded polystyrene food service articles to sidewalk caf6 patrons. The City has
over 225 permitted sidewalk caf6s citywide. These non-enclosed establishments can be major contributors
to litter nuisance as lightweight articles, such as expanded polystyrene products, are picked up by wind and
rain. By eliminating expanded polystyrene products in parks and prohibiting the use of expanded
polystyrene food service articles by City contractors, special event permittees, and sidewalk caf6
permittees, the proposed Ordinance will reduce the presence of this pollutant on the City's rights-of-way
and wateruyays and enhance the City's environmental sustainability.
On June 11,2014, the City Commission approved the Ordinance on First Reading. The Administration
recommends that the City Commission the Ordinance on Second Readino Public
On May 22, 2014, the Sustainability Committee recommended that the City Commission approved the
Financial lnformation:
Source of
Funds:
Amount Account
1
OBPI Total
Financial lmpact Summary:
slative Tracki
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g MIAMI BEACH
City of Miomi Beoch, lZ00 Convention Cenler Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor Philip Levine and Members of City
Jimmy L. Morales, City Manager
July 23,2014 SECOND READING
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
ARTICLE II!, ENTITLED "LITTER," BYAMENDING DIVISION 1, ENTITLED..GENERALLY," BY AMENDING SECTION 46.92 THEREOF, ENTITLED
"LITTER; DEFINITIONS; PROHIBITIONS ON LITTER; PENALTIES FOR
LITTER AND COMMERCIAL HANDBILL VIOLATIONS; COMMERCTAL
HAN DBILL REGULATIONS, FIN ES, AND REBUTTABLE PRESUMPTIONS;
SEIZURE AND REMOVAL OF LITTER BY THE CITY; ENFORCEMENT;
APPEALS; LIENS,, TO AMEND THE DEFINITION OF LITTER IN
SUBSECTION (A) BY SUBSTTTUTTNG THE WORD ,,pOLySTyRENE" FOR
THE WORD "STYROFOAM" AND TO AMEND SUBSECTION (C) TO
PROHIBIT ANY PERSON FROM CARRYING ANY EXPANDED
POLYSTYRENE PRODUCT INTO ANY PARK WITHIN THE GITY;
AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH,
ENTITLED "PUBLIC PROPERTY,'' BY AMENDING ARTICLE I, ENTITLED,.!N GENERAL," BY CREATING SECTION 82.7 THEREOF, ENTITLED..PROHIBITIONS REGARDING SALE OR USE OF EXPANDED
POLYSTYRENE FOOD SERVICE ARTICLES BY CITY CONTRACTORS
AND SPECIAL EVENT PERMITTEES," TO PROHIBITTHE SALE, USE, AND
OFFERING OF EXPANDED POLYSTYRENE FOOD SERVICE ARTICLES
BY CITY CONTRACTORS AND SPECIAL EVENT PERMITTEES IN CITY
FACILITIES AND ON CITY PROPERTY; AMENDING CHAPTER 82 OF THE
CODE OF THE CIry 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
SEGTION 82.385 THEREOF, ENTITLED "MIN!MUM STANDARDS,
CRITERIA, AND CONDITIONS FOR OPERATION OF S!DEWALK CAFES,"
TO PROVIDE PROHIBITIONS REGARDING EXPANDED POLYSTYRENE
FOOD SERVICE ARTICLES ON THE RIGHT-OF-WAY; AND PROVIDING
FOR REPEALER, SEVERABIL!TY, CODIFICATION, AND AN EFFECTIVE
DATE.
590
Polystyrene Ordinance Memo - Second Reading
July 23,2014
Page 2 of 3
BACKGROUND
Atthe May 22,2014 Sustainability Committee meeting, the Committee discussed restricting the sale
and use of expanded polystyrene (commonly known as Styrofoam) products, to reduce litter and
pollutants in the City's waterways and to enhance the environmental sustainability of the City. The
Sustainability Committee unanimously passed a motion recommending that the City Commission
approve an ordinance drafted by the City Attorney's Office, which would (1) prohibit the carrying of
expanded polystyrene products into City parks; (2) prohibit the sale or use in public facilities and on
public property of expanded polystyrene food service articles by City contractors, vendors, lessees,
concessionaires, operators of City facilities and properties, and special event permittees; and (3)
prohibit expanded polystyrene food service articles on the right-of-way and prohibit sidewalk caf6
permittees from providing expanded polystyrene food service articles to sidewalk caf6 patrons. On
June 1 1,2014, the City Commission approved the Ordinance on First Reading. Subsequent to its
approval on First Reading, a minor language revision has been made to Section 82-7 lo clarify that
public facilities and property refer only to City facilities and property. Attachment A shows the
Ordinance as it is being presented for Second Reading.
ANALYS!S
Miami Beach is a barrier island with approximately 70 miles of shoreline along numerous canals and
waterways, including lndian Creek, Surprise Lake, and Lake Pancoast, as well as the Atlantic Ocean
and the Biscayne Bay Aquatic Preserve. The waters surrounding the City support a wide variety of
flora and fauna, including threatened and endangered species like the West lndian manatee, the
American crocodile, Johnson's seagrass, and smalltoothed sawfish. These waters also act as nurseries
and habitat for migratory birds, including brown pelicans and ospreys, and for commercially and
recreationally important fish, such as snapper, sailfish, and mahi-mahi. Furthermore, the City's beaches
support shorebird species, including seagulls and royal terns, and are a designated nesting habitat for the
protected Loggerhead, Green, and Leatherback sea turtles.
It is especially critical that the City limit pollutants from entering the environment due to its
proximity to the City's vast system of interconnected waterways and sensitive marine habitats.
One pollutant of particular concern is expanded polystyrene, a petroleum based by-product
which constitutes a large portion of the litter in the City's streets, public places, and waterurrays.
The Environmental Protection Agency has determined that floatable debris, like expanded
polystyrene, can have "serious impacts on human health, wildlife, the aquatic environment and
the economy" (Assessing and Monitoring Floatable Debris, August 2002; EPA-842-8-02-002).
Expanded polystyrene is a particularly harmful pollutant because it is non-biodegradable and not
readily recyclable. Furthermore, it fragments into smaller pieces that easily enter and remain in
the environment harming or killing marine life and other wildlife that accidentally ingest it.
Section 46-92 of the City Code currently bans the use of Styrofoam products on the City's beaches.
The proposed Ordinance replaces the word "Styrofoam" in the definition of "litter'' in this section with
the correct term "polystyrene". Additionally, the Ordinance extends the prohibition of expanded
polystyrene products to parks because many City parks, including South Pointe Park, Maurice Gibb
Park, Pine Tree Park, and North Shore Open Space Park, are located along in close proximity to
bodies of water and, therefore, litter at these locations can easily enter the marine environment.
591
Polystyrene Ordinance Memo - Second Reading
July 23, 2014
Page 3 of 3
The proposed Ordinance also amends Chapter 82 of the City Code by creating Section 82-7, which
prohibits the sale or use in public facilities and on public property of expanded polystyrene food
service articles by City contractors and special event permittees. City contractors are defined as
contractors, vendors, lessees, and concessionaires of the City and operators of a City facility or
property. Special event permittees are defined as any person or entity issued a special event permit
by the City for a special event on City property or in a City facility. The prohibition only applies to new
contracts entered after the effective date, unless an entity with an existing contract or special event
permit agrees to voluntarily cease using expanded polystyrene food service articles. Once the
ordinance is passed and adopted, the Administration will reach out to contractors and special event
permittees with existing contracts and permits to notify them of the Ordinance and to encourage
them to voluntarily cease using and offering expanded polystyrene food service articles.
Finally, the proposed Ordinance amends the minimum standards for sidewalk caf6s in Section 82-
385 to prohibit expanded polystyrene food service articles on the right-of-way and to prohibit
sidewalk caf6 permittees from providing expanded polystyrene food service articles to sidewalk caf6
patrons. The City has over 225 permitted sidewalk caf6s cityruide. These non-enclosed
establishments can be major contributors to litter nuisance as lightweight articles, such as expanded
polystyrene products, are picked up bywind and rain. Byeliminating expanded polystyrene products
in parks and prohibiting the use of expanded polystyrene food service articles by City contractors,
special event permittees, and sidewalk caf6 permittees, the proposed Ordinance will reduce the
presence of this pollutant on the City's rights-of-way and watenruays and enhance the City's
environmental sustainability.
CONCLUSION
The Administration recommends approving the Ordinance.
Attachments: Expanded Polystyrene Ban Ordinance
JMJ/MVF/ESW/MKW
T:\AGENDA\2014\July\Polystyrene Ordinance - MEM Second Reading.doc
592
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CIry OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE
CODE OF THE CITY OF MIAM! BEACH, ENTITLED "ENVIRONMENT,"
BY AMENDING ARTICLE III, ENTITLED "LITTER," 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; COMMERCIAL HANDBILL REGULATIONS, FINES,
AND REBUTTABLE PRESUMPTIONS; SEIZURE AND REMOVAL OF
LITTER BY THE GITY; ENFORCEMENT; APPEALS; LIENS,, TO
AMEND THE DEFtNtTtON OF LTTTER tN SUBSECTTON (A) By
SUBSTITUTING THE WORD "POLYSWRENE" FOR THE WORD
"sTyRoFoAM" AND TO AMEND SUBSECTTON (C) TO PROHIBIT
ANY PERSON FROM CARRYING ANY EXPANDED POLYSTYRENE
PRODUCT INTO ANY PARK WITHIN THE CITY; AMENDING
CHAPTER 82 OF THE GODE OF THE CITY OF MIAMI BEACH,
ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTIGLE I,
ENTTTLED "tN GENEFIAL," By CREATTNG SECTTON g2-7 THEREOF,
ENTITLED "PROHIBITIONS REGARDING SALE OR USE OF
EXPANDED POLYSTYRENE FOOD SERVICE ARTICLES BY CITY
CONTRACTORS AND SPECIAL EVENT PERMITTEES," TO PROHIBIT
THE SALE, USE, AND OFFERING OF EXPANDED POLYSTYRENE
FOOD SERVICE ARTICLES BY C!ry CONTRACTORS AND SPEGIAL
EVENT PERMITTEES !N CITY FACILITIES AND ON CITY PROPERTY;
AMENDING CHAPTER 82 OF THE GODE OF THE CITY OF MIAM!
BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE
!V, 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 POLYSryRENE
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 by-product 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
593
WHEREAS, disposable food service articles constitute a portion of the litter in the City of
Miami Beach's streets, parks, public places, and wateruvays; 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 lts 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 CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SEGTION 1. That Division 1 of Article lll of Chapter 46 of the Code of the City Miami Beach is
hereby amended as follows:
CHAPTER 46
ENVIRONMENT
ARTICLE III.
**
*
Litter
DIVISION 1. Generally
Sec. 46-92. 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; Iiens.
(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, s+Vre+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,
594
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 unlaMul 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 s*yrefeam 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 Clty Miami Beach is hereby
amended as follows:
CHAPTER 82
PUBLIC PROPERTY
ARTICLE l. ln General
Sec.82-7
articles bv ciW contractors and special event permittees.
(g) Leqls/afiye infenf. 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.
&) Definrtions. For purposes of this section onlv, the followinq definitions shall applv:
(!f Cffy confracfor means a contractor, vendor. lessee, concessionaire of the Citv, or
operator of a Citv facilitv or propertv.
(!) Expanded polysfyrene means blown oolvstvrene and expanded and extruded foams
that are thermoplastic petrochemical materials utilizinq a stvrene monomer and
processed bv anv number of techniques includinq, but not limited to, fusion of
polvmer spheres (expandable bead foam), iniection moldinq, foam moldinq, and
extrusion-blown moldinq (extruded foam polvstvrene).
(!) Expanded polysfyrene food seryice arfibles means plates. bowls, cups. containers,
lids, travs, coolers, ice chests, and all similar articles that consist of expanded
polvstvrene.
(![) Psblb Crtv faclrtie€v includes, but e{€ is not limited to, anv buildinqs, structures.
595
parks, beaches, or qolf courses owned, operated, or manaqed bv the Citv.
(Q Pgblb Crtv properfy includes, but is not limited to, anv land, water, or air riohts
owned. operated, or manaqed bv the Citv.
(Q) Specra/ eyenf permrtfee means anv person or entitv issued a special event permit bv
the Citv for a special event on pulalie Citv propertv or in a publie Citv facilitv.
(g) Citv contractors and special event permittees shall not sell, use, provide food in, or offer
the use of expanded polvstvrene food service articles in publie Citv facilities or on publie
Citv propertv. A violation of this section shall be deemed a default under the terms of the
Citv contract, lease. or concession agreement and is qrounds for revocation of a special
event permit. This subsection shall not applv to expanded polvstvrene food service
articles used for prepackaoed food that have been filled and sealed prior to receipt bv
the Citv contractor or special event permittee.
(9!) Anv Citv contract, lease, or concession aoreement entered into prior to the effective date
of this section or anv special event permit issued prior to the effective date of this section
shall not be subiect to the requirements of this section, unless the Citv contractor or
special event permittee voluntarilv aqrees thereto.
SECTION 3. That Subdivision ll of Division 5 of Article lV of Chapler 82 of the Code of the City
Miami Beach is hereby amended as follows.
CHAPTER 82
PUBLIC PROPERTY
ARTICLE lV. U""" in puUfic nights-of-Way
DIVISION 5. Sidewalk Gafes
,r*,r,",on ff. Permlt
Sec. 82-385. Minimum standards, criteria, and conditions for operation of sidewalk cafes
(p) No food preparation, tooo ,tor"gJ, expaloeo potvstvrene tooo service artictes,
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.
4
596
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 5. 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 shalltake effect on the day of 2014.
PASSED AND ADOPTED this _ day of 2014.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Michael Grieco)
Underline denotes additions
S+ri*e+nreugh den otes deletions
APPROVED A.S TO
FORM & IANGUAGE
& FOR EXECUTION
r(ta(rt
DoteCitV AttorneV y-
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597
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