Ordinance 2025-4774 ORDINANCE NO. 2025-4774
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE
MIAM1 BEACH CITY CODE, ENTITLED "PUBLIC PROPERTY," BY
AMENDING ARTICLE III, ENTITLED "USE OF PUBLIC PROPERTY," BY
AMENDING DIVISION 1, ENTITLED "GENERALLY," BY CREATING
SECTION 82-74 THEREOF, ENTITLED "PLASTIC-RELATED OR
METALLIZED DECORATIONS PROHIBITED AT PUBLIC MARINAS,
MARINE FACILITIES, PARKS, AND BEACHES," 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, plastic-related decorative materials—including but not limited to
glitter, tinsel, plastic or metallized confetti, sequins, artificial/synthetic decorative flower
petals, and mylar streamers—are lightweight, easily dispersed by wind and water, and
frequently become litter on beaches, parks, and in waterways; and
WHEREAS, these materials are commonly composed of petroleum-based plastics
or metallized plastics that fragment into microplastics and nano plastics, which persist in
the environment for years and are impracticable to remove once dispersed; and
WHEREAS, microplastics and fragments from such decorations are often ingested
by fish, seabirds, sea turtles, and other wildlife, leading to malnutrition, interna! injury, and
increased mortality, and may also entangle marine life and shorebirds; and
WHEREAS, public beaches, marinas, and marine facilities are high-risk vectors
for litter migration, as wind, tides, storm surge, and rainfall rapidly transport small
decorative plastics into coastal waters and stormwater systems; and
WHEREAS, the City's bea.ches and nearshore habitats support sensitive and
protected species, including nesting sea turtles and shorebirds; and
WHEREAS, non-plastic alternatives, such as reusable, rental decor; natural fiber
or paper-based materials, and compostable items designed for outdoor use, are readily
available and suitable for celebrations on public property; and
WHEREAS, the City acknowledges the potential risk of plastic-related decorative
materials causing environmental pollution, obstructing waterways, and compromising the
aesthetic appeal of the marinas, marine facilities, and the waterways (including Biscayne
Bay); and
WHEREAS, the City recognizes the importance of fostering public awareness
regarding the detrimental effects of plastic-related decor use in public areas and
endeavors to encourage responsible practice; and
WHEREAS, pursuant to Fla. Stat. 403.161 of Chapter 403, entitled "Environmental
Control," the State of Florida has 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 Article !II of Chapter
82 of the City Code, entitled "Use of Public Property," to prohibit the use or possessior� of
plastic-related decorative materials used in outdoor public spaces.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 82-74 of the City Code is hereby created as follows:
CHAPTER 82
PUBLIC PROPERTY
* * *
ARTICLE III. USE OF PUBLIC PROPERTY
� * *
DIVISION 1. GENERALLY
* * *
Sec $2-74 Plastic-related or metallized decorations prohibited at public marinas,
marine facilities, parks, and beaches.
i� Purpose This section is enacted to protect the marine environment, wildlife,
aesthetics and public safetv bv prohibitinq the possession or use of plastic-related
or metallized decoration items at all public marinas qublic marine facilities, and public
parks and beaches in the city.
�b) Definitions The followinq words terms and phrases when used +n this section, shall
have the meaninq ascribed to them in this section except where the context clearly
indicates a different meaninq:
Prohibited decoration item means any qlastic-related or metallized decorative
material product or article desiqned or used for celebration displav or ornamentation,
includinq but not limited to qlitter confetti sequins tinsel mvlar streamers, artificial
decorative petals metallic qarlands plastic or metallized table scatter plastic decorative
cut-outs plastic or metallized party poppers or cannons and similar items that are likely
to fraqment or disperse in outdoor environments The term shall not include reusable
decorations made exclusively of natural fibers (such as cotton iute hemp, or untreated
wood) or uncoated paper products that do not contain plastic, plastic coatinqs, metallized
films, or qlitter.
Marina means any installation which provides any accommodations or facilities for
watercraft includinq moorinq dockinq storinq leasinq, sale, rental, or servicinq of
watercraft, located in the waters of the city.
Marine facility means anv device, structure, buildinq or component of a marina.
�c) Prohibition.
(1) No person or entitv shall possess or use any prohibited decoration item at
any public marina, public marine facility, public park, or public beach.
�2) This prohibition applies to all tvpes of plastic-related or metallized
decoration items includinq but not limited to, those made of plastic, mylar, metallized
plastic, or any similar svnthetic material.
�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 pavinq the fine that the violation may be appealed by requestinq an administrative
hearinq before a special maqistrate 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 riqht to a hearinq.
(2) Written warninqs. Unless a written warninq has been previously issued to
the violator in the precedinq 12 months, a code inspector mav, in lieu of issuinq a
notice of violation first issue a written warninq to the violator to cease the violation
bv either:
a. Immediately collectinq securinq and disposinq of all prohibited decoration
items and any dispersed fraqments or debris beinq possessed or used on the
prohibited qublic property in an appropriate trash receptacle; or
b. Immediately removinq all prohibited decoration items beinq possessed or used
on the prohibited public property from any public marina public marine facility qublic
park, or public beach.
The written warninq shall be substantially in the same form as the notice of violation
as set forth in subsection 82-74(d)(1) above. The failure to correct the violation within ten
minutes followinq the issuance of a written warninq 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. Pay the followinq civil fine:
1 First violation by a person or entity within a 12-month period shall be a civil fine of
250.00
2 Second violation bv a person or entity within a 12-month period shall be a civil fine
of 500�
3 Third or subsequent violation bv a person or entity within a 12-month period shall be
a civil fine of$1 000.00 to a maximum total fine of$5,000.00.
b 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 by a fee as approved bv a resolution of the city
commission, which shall be refunded if the named violator prevails in the appeal.
�4) Failure to pav the civil fine or to timely request an administrative hearinq before a
special maqistrate shall constitute a waiver of the violator's riqht to an administrative
hearinq before the special maqistrate and shall be treated as an admission of the
violation for which fines and penalties shall be assessed accordinqly.
(5) A certified copv of an order imposinq a fine may be recorded in the public records,
and thereafter shall constitute a lien upon any real or personal property owned bV the
violator which mav be enforced in the same manner as a court iudament by the
sheriffs of this state includinq levv against the violator's real or personal property,
but shall not be deemed to be a court iudqment except for enforcement purposes.
After three months followinq the recordinq of any such lien that remains unpaid, the
citv mav foreclose or otherwise execute upon the lien for the amount of the lien plus
accrued interest.
�6) The sqecial maqistrate shall be prohibited from hearinq the merits of the notice of
violation or considering the timeliness of a request for an administrative hearinq if the
violator has failed to request an administrative hearinq within ten days of the service
of the notice of violation The special maqistrate shall not have discretion to after the
penalties prescribed in this article Any party ag,qrieved by a decision of a special
maqistrate may appeal that decision to a court of competent iurisdiction.
(e) Public awareness The city shall undertake a public awareness campaiqn to inform
residents businesses and visitors about the possession or use of prohibited
decoration items 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 a7 day of .s{��lw1�iP✓ 2025.
PASSED AND ADOPTED this �� day of .�-f uH'I lr , 2025.
ATTEST: .
�' � R �d?r' Steven Meiner, Mayor
S�, •
Rafael E. Granado, City Clerk
"�PM!�g��c''��,
(Sponsored by Commissioner Alex J. Fernandez and David Suarez ;=��` ti';,
Co-sponsored by Commissioner Kristen Rosen Gonzalez) , o�°���. ;
:IN�ORITORATED; ,
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Ordinances - R5 I
i�/1IAN1I BEAC H
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: September 17, 2025 9:45 a.m. Second Reading Public Hearing
TITLE: 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 Itl, ENTITLED
"USE OF PUBLIC PROPERTY," BY AMENDING DIVISION 1, ENTITLED
"GENERALLY," BY CREATING SECTION 82-74 THEREOF, ENTITLED "PLASTIC-
RELATED OR METALLIZED DECORATIONS PROHIBITED AT PUBLIC MARINAS,
MARINE FACILITIES, PARKS, AND BEACHES," IN ORDER TO DETER HARMFUL
LITTERING AND PROTECT MARINE AND COASTAL WILDLIFE; AND,
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION ANG AN
EFFECTIVE DATE.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The attached Ordinance was prepared at the request of Commissioner Alex J. Fernandez. The
proposed Ordinance was approved on First Reading at the September 3, 2025, City Commission
meeting. No changes have been made between First and Second Reading.
The City has been consistent in its commitment to protect its marine environment and wildlife.
Items such as glitter, tinsel, plastic or metallized confetti, sequins, synthetic flower petals, and
mylar strearr,ers are lightweight, easily dispersed, and often end up as litter on beaches, parks,
and waterways. These materials break down into microplastics that persist for years, harm marine
life, and are nearly impossible to remove.
Public beaches, marinas, and marine facilities are especially vulnerable to this pollution, which
threatens sensitive species like nesting sea turtles and shorebirds. Non-plastic alternatives, such
as reusable decor, natural fibers, and compostable materials, are readily available.
The Proposed Ordinance would amend Article III of Chapter 82 to prohibit the use o� possession
of plastic-related decorative materials in outdoor public spaces. This proposal builds on Ordinance
No. 2024-4590, which banned balloons in similar areas, and aligns with Florida Statute 403.161
prohibiting pollution harmful to people, wildlife, and property.
FISCAL IMPACT STATEMENT
N/A
S11 of 1214
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on: 9/5/2025
See BIE at: https://www.miamibeachfl.qov!city-hall/city-clerk/meeting-notices�
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
Is this a "Residents Riqht to Kn4w" 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 requested bv a lobbvist which, as defined in Code Sec. 2-481,
includes a principal enqaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
City Attorney
Sponsor(s)
Commissioner Alex Fernandez
Commissioner David Suarez
Co-sponsor(s)
Commissioner Kristen Rosen Gonz�lez
Condensed Title
9:45 a.m. 2nd Rdg, Prohibit Plastic/Metallized Decorations at Marinas/Parks. (AF/DS/KRG) CA
Previous Action (For City Clerk Use Only)
First Reading Public Hearing on 9/3/2025 - R5 Q
512 of 1214