R5D-Amend Ch 46 Enforce-Penalty Provisions For Litter Violations -Grieco-COMMISSION ITEM SUMMARY
Condensed Title:
First Reading Of 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
lll, Entitled "Litter," By Amending Division 1, Entitled "Generally," By Amending Section 46-921o Amend The
Enforcement And Penalty Provisions For Violations Of Subsections (B), (C), (D), And (E), By lncreasing
Penalties For Violations Of Subsections (B), (C), (D), And (E), And lmposing Criminal Penalties For Violations
Of Subsection (B) On Beaches, Parks, Marinas, Piers, Docks, and Boat Ramps; To Amend Provisions ln
Subsections (L)And (M) Regarding Appeals From Violations; And To Amend The Provisions ln Subsection (M)
Regarding Liens For Unpaid Fines; And Providing For Repealer, Severability, Codification, And An Effective
Date.
Enhance the Environmental Sustainability of the Commun
Data (Su Environmental Scan, etc.): N/A
Item Summary/Recommendation :
SECOND READING
Miami Beach is a barrier island with approximately 70 miles of shoreline along numerous canals and
waterways, including the Biscayne Bay Aquatic Preserve. The waters surrounding the City support a wide
variety of flora and fauna. The environmental impact of litter is particularly harmful on the City's beaches, parks,
marinas, piers, docks, and boat ramps, because of the likelihood of litter entering the City's canals and
watenruays, as well as the Atlantic Ocean and Biscayne Bay Aquatic Preserve. Debris floating in urban
waterurays and concentrated along the banks of our waterways and beaches also has social impacts.
The proposed Ordinance amends Chapter 46 of the City Code by amending Section 46-92 to increase the fines
and penalties for violations related to litter. The intent of these proposed increases is to change negative
behavior and deter future violations in order to safeguard and improve the environment and community well-
being Pursuant to the request of the City Commission at its meeting on September 2,2015, Staff has developed
two alternatives, in addition to the Ordinance passed on first reading, for the enforcement and penalty
provisions of Section 46-92. Specifically, the City Commission requested alternatives for the enforcement and
penalty provisions relating to litter violations that take place on a beach or park within the City, or on a City
marina, pier, dock, or boat ramp. Option A is the original proposed Ordinance, which the City Commission
adopted on first reading, at its meeting on September 2,2015. Options B and C are described below.
Option B: For litter violations that take place on a beach or park within the City, or on a city marina, pier, dock,
or boat ramp, the civil fines and penalties would be as follows: First offense within a 12-month period: $1 ,500.00
civilfine; Second offense within a 12-month period: $2,500.00 civilfine; and, a third or subsequent offense
within a 12-month period shall be a second degree misdemeanor punishable by imposition of a fine not to
exceed $500.00, or by imprisonment not to exceed 60 days, or both. Option C: For litter violations that take
place on a beach or park within the City, or on a city marina, pier, dock, or boat ramp, the civil fines would be as
follows: First offense within a 12-month period: $1 ,500.00 civil fine; Second offense within a 12-month period:
$2,500.00 civilfine; and Third or subsequent offense within a 12-month period: $3,500.00 civilfine.
The proposed Ordinance has been referred by Commissioner Michael Grieco. The Administration recommends
that the City Commission review the three proposed Enhanced Litter Fines Ordinance options and determine
which. if anv to
Financial I nformation :
Source of
Funds:
Amount Account
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Sign-Offs:
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City of Miomi Beoch, lZ00 Convention Center Drive, Miomi Beoch, Florido 33.l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of City
FROM: Jimmy L. Morales, City Manager
DATE: October 14,2015 D 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 MIAM! BEACH, ENTITLED "ENVIRONMENT," BY AMENDING
ARTICLE I!I, ENTITLED "LITTER," BYAMENDING DIVISION 1, ENTITLED..GENERALLY,'' BY AMENDING SECTION 46.92 TO AMEND THE
ENFORCEMENT AND PENALTY PROVISIONS FOR VIOLATIONS OF
SUBSECT|ONS (B), (C), (D), AND (E), By INCREASTNG PENALTIES FOR
vtoLATtoNS oF SUBSECTIONS (B), (C), (D), AND (E), AND IMPOSING
CRTMTNAL PENALTTES FOR VTOLATTONS OF SUBSECTTON (B) ON
BEACHES, PARKS, MARINAS, PIERS, DOCKS, AND BOAT RAMPS; TO
AMEND PROVTSTONS tN SUBSECTTONS (L) AND (M) REGARDTNG
APPEALS FROM VIOLATIONS; AND TO AMEND THE PROVISIONS tN
SUBSECTION (M) REGARDING LIENS FOR UNPAID FINES; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMEN DATION
The Administration recommends that the City Commission approve the Ordinance on second
reading.
BACKGROUND
On September 2,2015, the City Commission passed this Ordinance on first reading. The City
Commission requested that alternative enforcement options be presented at the next meeting,
specifically with regard to litter violations that take place on a beach or park within the City, or on a
City marina, pier, dock, or boat ramp.
The waters surrounding the City support a wide variety of flora and fauna. The impact of litter and
chemicals in the watenruays on marine life can be devastating. Forexample, plastic bags and plastic
wrap can asphyxiate marine animals and fish. Trash, such as cigarettes and silicon packets, can
also make animals sick or kill them. As such, it is especially critical that the City limit pollutants from
entering its vast system of interconnected waterways and sensitive marine habitats.
Pollution from litter, which includes debris floating in urban waterways and concentrated along the
banks of our watenruays and beaches, has significant social impacts. Accumulated litter can clog
stormwater drains and cause flooding in the urban environment. Visible litter also reduces the visual
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Enhanced Litter Fines Ordinance Memo - Second Reading
October 14,2015
Page 2 of 3
attractiveness of our City, degrades the quality of life for our residents and visitors, and reduces the
recreational value of our natural environment. lt decreases the desirability of our neighborhoods,
which can reduce property values and result in economic decay. Economic decay is associated with
apathy and crime, which in turn, decreases the overall quality of life in the community.
The City has taken a number of steps to reduce litter including restricting the sale and use of
polystyrene products; prohibiting litter in all public areas; prohibiting the use of glass or metal bottles
on our beaches, marinas, piers, docks, boat ramps and in parks; requiring that restaurants have
garbage containers that are maintained in a clean and sanitary condition; and, prohibiting the use of
leaf blowers to sweep litter onto public property.
The proposed Ordinance amends Chapter 46 of the City Code by amending Section 46-92 to
increase the fines and penalties for violations related to litter. The intent of these proposed
increases in fines and penalties is to discourage negative behavior in order to improve and protect
the City's environment and community wellbeing. _
Pursuant to the request of the City Commission at its meeting on September 2,2015, Staff has
developed two alternatives, in addition to the Ordinance passed on first reading, forthe enforcement
and penalty provisions of Section 46-92. Specifically, the City Commission requested alternatives for
the enforcement and penalty provisions relating to litter violations that take place on a beach or park
within the City, or on a City marina, pier, dock, or boat ramp.
The original proposed Ordinance, which the City Commission adopted on first reading on
September 2,2015, is set for second reading on October 14,2015. Alternatives A and B to Section
46-92$) are described below.
Alternative A
For litter violations that take place on a beach or park within the City, or on a city marina, pier, dock,
or boat ramp, the civil fines and penalties would be as follows:
a. First offense within a 12-month period: $1 ,500.00 civil fine;
b. Second offense within a 12-month period: $2,500.00 civil fine; andc. A third or subsequent offense within a 12-month period shall be a second degree
misdemeanor punishable by imposition of a fine not to exceed $500.00, or by imprisonment
not to exceed 60 days, or both.
Alternative B
For litter violations that take place on a beach or park within the City, or on a city marina, pier, dock,
or boat ramp, the civilfines would be as follows:
a. First offense within a 12-month period: $1,500.00 civil fine;
b. Second offense within a 12-month period: $2,500.00 civilfine; andc. Third or subsequent offense within a 12-month period: $3,500.00 civil fine.
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Enhanced Litter Fines Ordinance Memo - Second Reading
October 14,2015
Page 3 of 3
FISCAL !MPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider
the long term economic impact (at least 5 years)of proposed legislative actions," this shall confirm
that the City Administration evaluated the long term economic impact (at least 5 years) of this
proposed legislative action. Code Compliance will maintain its current litter enforcement level, and
thus, there will be no need for additional staffing or any additional fiscal impact. The Police
Department has reviewed the Ordinance and determined that there is no fiscal impact to their
department.
CONCLUSION
The Administration recommends that the City Commission review the three proposed Enhanced
Litter Fines Ordinance options and determine which, if any, to adopt.
Attachment: A - Enhanced Litter Fines Ordinance Alternative A
B - Enhanced Litter Fines Ordinance Alternative B
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452
ALTERNATIVE "A" FOR SECTION 46.92(f)
SECTION 1. That Section 46-92 of 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 lll. Litter
DIVISION 1. Genera!!y
***
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; liens.
(0 Penalties for violations. The fottowing * ,,r* and penalties shall be imposed for
violations of this section, except as provided in subsection (h) below:
(1) For violations of subsection (c):
a. First offense within a 12-month period: $5O€O $100.00 civil fine.
(21b. Second offense within a 12-month period: ${€OSO $200.00 civil fine.
(3) c. Third or subsequent offense within a 12-month period: $500.00 civil fine.
(!) For violations of subsection (b) that take place anvwhere other than a beach or
park within the Citv, or a Citv marina. pier, dock. or boat ramp. or for violations of
subsections (d) or (e):
a. First offense within a 12-month period: $1.000.00 civil fine.
b. Second offense within a 12-month period: $2,000.00 civilfine.
c. Third or subsequent offense within a 12-month period: $3,000.00 civil fine.
(Q n*for viotations ot
within the Citv. or on a Citv marina. pier, dock, or boat ramp#
a first ofense witnin
b. SeconO otfense witnl
453
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e. n tnirO or suOseouen
Oegree misdemeano
SSOO.OO. or Ov imor
(4) ln lieu of a civil fine, the special master may accept voluntary community service
removing litter in the city equivalent to one hour of community service for each $s3o
$50.00 of an imposed civil fine. lf the community service is not completed within six
months of an adjudication of guilt, the fine shall be reinstated.
Removal of litter by the city. The city may cause the removal, at the violator's
expense, of all litter distributed or placed in violation of this section.
Enforcement by code compliance officers; notice of violation. lf Except as to
subsection (fl(3xc) herein, which s a code
compliance otficer (which, as defined in section 70-66, includes a police officer) finds
a violation of this article, such code compliance officer shall issue a notlce of violation
. The notice shall inform the violator of the
nature of the violation, amount of fine for which the violator may be liable, instructions
and due date for paying the fine, notice that the violation may be appealed by
requesting an administrative hearing within 20 10 days after service of the notice of
violation, and that failure to do so shall constitute an admission of the violations and
waiver of the right to a hearing.
F:\ATTO\KALN\ORDINANCES\LitteALitter Ordinance Enforcement and Penalties (October 2015) (Option B).docx
2
454
ALTERNATIVE "B" FOR SECTION 46.92(f)
SECTION 1. That Section 46-92 of 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 lll. 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; liens.
(0Penaltiesforviolations.Thetottowing.*,..*#*b+shallbeimposedfor
violations of this section. except as provided in subsection (h) below:
(1) Forviolations of subsection (c):
a. First offense within a 12-month period: $5O€0 $100.00 civil fine.
(21b. Second offense within a 12-month period: ${4039 $200.00 civil fine.
(3) c. Third or subsequent offense within a 12-month period: $500.00 civil fine.
(Q For violations of subsection (b) that take place anvwhere other than a beach or
park within the Citv. or a Citv marina, oier. dock, or boat ramp. or for violations of
subsections (d) or (e):
a. First offense within a 12-month oeriod: $1.000.00 civil fine.
b. Second offense within a 12-month period: $2,000.00 civilfine.
c. Third or subsequent offense within a 12-month period: $3,000.00 civil fine.
(3) M of subsection (b) that takes place on a beach or park
within the Citv, or on a Citv marina, pier. dock, or boat ram#
L first otfense witnin
b. SeconO otfense witnl
455
(k)
(l)
e= fnirO or sunseouen
G) ln lieu of a civil fine, the special master may accept voluntary community service
removing litter in the city equivalent to one hour of community service for each $+90
$50.00 of an imposed civil fine. lf the community service is not completed within six
months of an adjudication of guilt, the fine shall be reinstated.
Removal of litter by the city. The city may cause the removal, at the violator's
expense, of all litter distributed or placed in violation of this section.
Enforcement by code compliance officers; notice of violation. lf E<eept==a+:te
lf a code
compliance officer (which. as defined in section 70-66. includes a police officer) finds
a violation of this article, such 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 may be liable, instructions
and due date for paying the fine, notice that the violation may be appealed by
requesting an administrative hearing within 4 10 days after service of the notice of
violation, and that failure to do so shall constitute an admission of the violations and
waiver of the right to a hearing.
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2
456
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
GITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE
CODE OF THE CITY OF MTAMI BEACH, ENTITLED "ENVIRONMENT,"
BY AMENDING ARTICLE III, ENTITLED "L!TTER," BY AMENDING
DlvlsloN 1, ENTITLED "GENERALLY," BY AMENDING SECTION 46-
92 TO AMEND THE ENFORCEMENT AND PENALry PROVISIONS
FOR VIOLATIONS OF SUBSECTIONS (B), (C), (D), AND (E), BY
INGREASING PENALTIES FOR VIOLATIONS OF SUBSECTIONS (B),
(G), (D), AND (E), AND IMPOSING CRIMINAL PENALTIES FOR
vloLATloNS oF SUBSEGTION (B) ON BEACHES, PARKS,
MARINAS, PIERS, DOCKS, AND BOAT RAMPS; TO AMEND
PROVISIONS lN SUBSECTIONS (L) AND (M) REGARDING APPEALS
FROM VIOLATIONS; AND TO AMEND THE PROVISIONS !N
SUBSECTION (M) REGARDING LIENS FOR UNPAID FINES; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach ("City"), a world-renowned tourist destination,
known for its miles of beautiful beaches, 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 beaches; and
WHEREAS, the City is comprised of a number of islands with approximately 70 miles of
shoreline along numerous canals and waterways, the Atlantic Ocean, and the Biscayne Bay
Aquatic Preserve, all of which support a wide variety of flora and fauna; and
WHEREAS, the visual and sanitary blight caused by litter detracts from the City's quality
of life and negatively impacts the City's residents, visitors, and businesses; and
WHEREAS, the environmental impact of litter is particularly harmful on the City's
beaches, parks, marinas, piers, docks, and boat ramps, because of the likelihood of litter
entering the City's canals and waterways, as well as the Atlantic Ocean and the Biscayne Bay
Aquatic Preserve; and
WHEREAS, litter accumulates in and obstructs the City's stormwater management
infrastructure; and
WHEREAS, Section 46-92 of the City Code prohibits, among other things, littering on
public or private property; carrying glass or metal bottles or containers onto beaches within the
b[y; carrying any expanded polystyrene product onto any beach or park within the City, or onto
any City marina, pier, dock, or boat ramp; the provision of plastic straws by businesses to
pairons on any beach within the City; and the use of leaf blowers or any other means to cause
litter on public or private property; and
WHEREAS, Section 46-92 also requires restaurants with take-out service to have up to
four garbage containers in front of and within 50 feet in each direction of the premises; and
457
WHEREAS, as an environmental leader among local governments in the State of
Florida, the City, by virtue of this Ordinance, will strengthen its litter and environmental
protection laws by increasing penalties for violations of Section 46-92, and imposing criminal
penalties for litter violations on a beach or park within the City, or on a City marina, pier, dock, or
boat ramp; 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 Section 46-92 of 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 lll. Litter
DIVISION 1. Generally
Sec. 46-92. Litter; definitions; prohibitions on litter; penalties for litter and commercial
handbill violations; commerciat handbilt regulations, fines, and rebuttable presumptions;
seizure and removal of litter by the city; 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:
(1) Benefactor means the owner of the business advertised in the commercial
handbill whose agent, employee, contractor, promoter, or other representative
did or caused the throwing, discarding, placing or depositing'
(2) Busrness means any commercial or industrial activity, entity, or event in or for
which any goods or services are made, sold or offered for sale or other
consideration, pecuniary or otheruvise.
(3) Handbittmeans any handbill, flyer, paper, document, dodger, circular, folder,
booklet, letter, card, pamphlet, sheet, poster, stiCker, banner, notice or other
written, printed or painted matter or object that conveys any information,
except that "handbill" shall not include a newspaper or its contents.
(4) Commercial handbitt means any handbill that conveys any information about
any good or service provided by a business.
(S) Litter means any paper, handbill, commercial handbill, garbage, bottle caps,
chewing gum, tobacco products, including, but not limited to, used and unused
458
(b)
cigarettes, cigars, pipe or chewing tobacco, polystyrene 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, 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.
(6) One day means a24-hour period from noon to noon.
(7) Person, benefactor, or owner include, within their respective meanings, either
an individual or an entitY.
(8) Right-of-way means and includes, but is not limited to, any state, county, or
city-owned public street, sidewalk, street corner, curb, bicycle path, or
pedestrian walkwaY.
(g) Potystyrene means a thermoplastic polymer comprised of at least 80 percent
styrene or para-methylstyrene by weight'
(10) Expanded polystyrene means blown polystyrene and expanded and extruded
foams that are thermoplastic petrochemical materials utilizing a styrene
monomer and processed by any number of techniques including, but not
limited to, fusion of polymer spheres (expandable bead foam), injection
molding, foam molding, and extrusion-blown molding (extruded foam
polystyrene).
Litter prohibited. lt shall be unlavrrful for any person or benefactor to throw, discard,
place or deposit, or cause to be thrown, discarded, placed, or deposited, litter in any
manner or amount whatsoever in or on any public highway, sidewalk, road, street,
alley, thoroughfare, beach, park, baywalk, beachwalk, cutwalk, sidewalk cafe areas,
or any other public place, except in containers or areas laMully provided therefor. lt
shall be unlawful for any person to throw, discard, place or deposit any garbage, cans,
bottles or containers in or on any freshwater lakes, rivers, streams, canals, or tidal or
coastal waters within the city. ln addition, it shall be unlawful for any person to throw,
discard, place or deposit litter in any manner or amount whatsoever on any private
real or personal property, including, but not limited to, sidewalk cafe furniture and
fixtures, unless prior consent of the owner has been given and unless such litter will
not cause a public nuisance or be in violation of any other state or local laws, rules or
regulations.
Prohibitions on beaches, marinas, pierg docks, boat ramps, and in parks. lt shall be
unlavrrful 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 expanded polystyrene product onto any beach or park within the city, or
onto any city marina, pier, dock, or boat ramp, or for any business to provide plastic
(c)
459
(d)
straws with the service or delivery of any beverage to patrons on any beach within the
city.
Prohibitions on causing litter in sewers and on public and private property. lt shall be
unlafful for any person to uSe leaf blowers, or any Other means, to Sweep, caSt or
throw, or cause to be cast or thrown, or discarded into any of the gutters, drains,
sewers, or public rights-of-way within the city, or upon any adjacent public or private
real or personal property, any garbage, litter, paper, handbill, trash, tree, plant, or
grass cuttings, leaves, yard maintenance debris, or other objects or substances.
Garbage container requirements for restaurants. All restaurants with take-out service
shall have up to four garbage containers, aS need requires, based on the
determination of the city manager or his designee. The containers shall be located in
front of and within 50 feet in each direction of the premises at locations approved by
the city manager or his designee. These containers shall be kept in clean and sanitary
condition at all times and shall be emptied daily or more frequently if necessary to
prevent overflowing. The garbage containers required by this section are in addition to
those required by chapter 90 of this Code.
Penalties for viotations. The following eivil fines and penalties shall be imposed for
violations of this section, except as provided in subsection (h) below.
(1) For violations of subsection (c):
a. First offense within a 12-month period: $5OSO $100'00 civil fine.
(21b. Second offense within a 12-month period: $1€OSO $200.00 civil fine.
(Q c. Third or subsequent offense within a 12-month period: $500.00 civilfine.
12 For violations of subsection (b) that take place anvwhere other than a beach or
park within the Citv. or a Citv marina, pier. dock, or boat ramp, or for violations of
subsections (d) or (e):
a. First offense within a 12-month period: $1.000.00 civil fine.
b. Second offense within a 12-month period: $2,000.00 civilfine.
c. Third or subsequent offense within a 12-month period: $3.000.00 civil fine.
131 A violation of subsection (b) that takes place on a beach or park within the Citv. or
on a Citv marina. pier. dock. or boat ramp, shall be a second deoree misdemeanor
punishable bv imposition of a fine not to exceed $500.00, or bv imprisonment not
to exceed 60 davs. or both.
G) ln lieu of a civil fine, the special master may accept voluntary community service
removing litter in the city equivalent to one hour of community service for each $530
$5O.OO of an imposed civil fine. lf the community service is not completed within six
months of an adjudication of guilt, the fine shall be reinstated.
(e)
(0
4
460
(k)
(t)
Removal of titter by the city. The city may cause the removal, at the violator's
expense, of all litter distributed or placed in violation of this section.
Enforcement by code compliance officers; notice of violation. l{ Except as to
subsection (fl(3) herein, which shall be enforced bv the police department. if a code
cornpliance officer (which, as defined in section 70-66. includes a police officer) finds
a violation of this article, such 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 may be liable, instructions
and due date for paying the fine, notice that the violation may be appealed by
requesting an administrative hearing within 4 10 days after service of the notice of
violation, and that failure to do so shall constitute an admission of the violations and
waiver of the right to a hearing.
Rights of violators; payment of fine; right to appeal; failure to pay civil fine or to
appeal.
(1) Aviolatorwho has been served with a civil notice of violation shall electeither
to:
a. Pay the civil fine in the manner indicated on the notice; or
b. Request an administrative hearing before a special master appe+nbe-gy
to aPPeal
tne
ef+he notice of violation, which hearinq must be requested within ten (10)
davs of service of the notice of violation.
(2) The procedures for appeal by administrative hearing of the notice of violation
shall be as set forth in sections ffi 30-72 and 30-73 of the
City Code.
(3) lf the named vielater after netiee fails te pay the eivil fine er fails te timely
shall be infermed ef sueh failure by repert frem the eede eemplianee efficer,
ianee
The failure to pav the civil fine. or to
timelv request an administrative hearinq before a special master, shall
consiitute a waiver of the violator's right to administrative hearing before the
special master, A waiver ef the righ shall be
treated as an admission of the violation, and for which fines and penalties may
be assessed accordinglY.
(4) Any party aggrieved by the a decision of the special master may appeal the
that decision iM to a court of competent iurisdiction.
(m)
(o
(10) davs of the service of the notice of violation.
The ll be
violation or considerinq the timeliness of a request for an administrative
hearino if the violator has failed to request an administrative hearino within ten
461
(o)
(p)
(n)
1o1 Other than the option to accept voluntary communitv service in lieu ,Qf a civil
fine pursuant to subsection (fl(4), the special master shall not have discretion
to alter the penalties prescribed in subsections (fl(1) or (fl(2).
Recovery of unpaid fines; unpaid fines to constitute a lien; foreclosure.
(1) The city may institute proceedings in a court of competent jurisdiction to
compel payment of civilfines.
(Z) A certified copy of an order imposing a civil fine may be recorded in the public
records and thereafter shall constitute a lien upon any other real or personal
property owned by the violator, e+rd_i+ 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
ludgment except for enforcement purposes.
Three (3) months after the recordinq of any such lien which remains unpaid,
ne city may foreclose or otherwise execute upon the lien, for the amount of
the lien. plus accrued interest.
planning board authority. Nothing in this article shall limit or restrict any condition or
limitation imposed by the planning board.
lnjunctive retief. As an additional means of enforcement, the city may seek injunctive
relief and/or follow procedures to revoke a business tax receipt and/or certificate of
use as set forth in chapters 14, 18 and 102 of the City Code when there are more than
three offenses by the same violator within a calendar year.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SEGTION 3. SEVERABILIry.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
sEcfloN 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.
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SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the day of ' 2015.
PASSED AND ADOPTED this day of-,2015-
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Michael Grieco)
Underline denotes additions
S+r*e+nrcugh denotes deletio ns
F:\ATTO\KALN\ORDTNANCES\LitteALitter Ordinance Enforcement and Penalties (september 2015).docx
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