HomeMy WebLinkAboutItem #19B - Discussion ItemCITY OF %IiAkl1. FLORIDA
INTER -OFFICE MEMORANDUM
TO Honorable J.L. Plummer, Jr.. DATE July 20, 1998 FILE
City Commissioner
/_y/ SUBiECT Illegal Dumping
FROM
REFERENCES
ENCLOSURES:
1T emorandum is in response to your inquiry at the July 14, 1998, City Commission
meeting regarding illegal dumping.
At that meeting you requested that the City Attorney's Office look into amending the
City Code in an effort to solve the illegal dumping problem. Specifically, you wanted to
make illegal dumping a criminal violation.
There are several different statutes and code provisions currently in place that make it a
crime to illegally dump litter. For example, § 403.413 Fla. Stat., entitled the Florida
Litter Law, declares dumping to be unlawful and sets forth the penalty as follows:
"(a) Any person who dumps litter in violation of subsection (4)
in an amount not exceeding 15 pounds in weight or 27 cubic feet in
volume and not for commercial purposes is guilty of a noncriminal
infraction, punishable by a civil penalty of $50. In addition, the court
may require the violator to pick up litter or perform other labor
commensurate with the offense committed.
(b) Any person who dumps litter in violation of subsection (4) in
an amount exceeding 15 pounds in weight or 27 cubic feet in volume,
but not exceeding 500 pounds in weight or 100 cubic feet in volume
and not for commercial purposes is guilty of a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083. In addition,
the court shall require the violator to pick up litter or perform other
community service commensurate with the offense committed. Further, if
the violation involves the use of a motor vehicle, upon a finding of guilt,
whether or not adjudication is withheld or whether imposition of sentence
is withheld, deferred, or suspended, the court shall forward a record of the
finding to the Department of Highway Safety and Motor Vehicles, which
shall record a penalty of three points on the violator's driver's license
pursuant to the point system established by s. 322.27.
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Commissioner Plumm
Illegal Dumping
July 20, 1998
Page 2
(c) Any person who dumps litter in violation of subsection (4) in
an amount exceeding 500 pounds in weight or 100 cubic feet in
volume or in any quantity for commercial purposes, or dumps litter
which is a hazardous waste as defined in s. 403.703, is guilty of a felony
of the third degree, punishable as provided in s. 775.082 or s. 775.083.
In addition, the court may order the violator to:
1. Remove or render harmless the litter that he or she
dumped in violation of this section;
2. Repair or restore property damaged by, or pay
damages for any damage arising out of, his or her
dumping litter in violation of this section; or
3. Perform public service relating to the removal of
litter dumped in violation of this section or to the
restoration of an area polluted by litter dumped in
violation of this section (emphasis supplied)."
The Code of Metropolitan Miami -Dade County (County Code) also prohibits the
dumping of litter within the county, see Sec. 15-6 County Code. The enforcement
provisions of the County Code section are found in Section 15-32 of the County Code.
That section states that "violations of this chapter shall be prosecuted in the same manner
as misdemeanors are prosecuted."
Finally, persons who illegally dump can be prosecuted for violating the City Code. City
Code Section 22-6 states that littering and dumping are prohibited. That section can be
enforced by utilizing the provisions of section 1-13 of the City Code, entitled "General
penalty," which states that:
"any person violating the provisions of any section of this Code or any
other ordinance, where no other penalty is prescribed, shall, upon
conviction, be fined not more than $500.00, or be imprisoned at hard labor
on the streets or other works of the City for not more than 60 days, or shall
be both fined and imprisoned. Each day that such violation shall continue
(or, in the case of shows and exhibitions illegally conducted, each
performance) shall constitute a separate offense."
As you know, the difference between a felony and a misdemeanor, for enforcement
purposes, is that in order to arrest a person for the commission of a misdemeanor, the
unlawful act must occur in the officer's presence. The officer does not have to witness
the commission of the felony but may rely on probable cause to make the arrest.
Commissioner Plumm
Illegal Dumping
July 20, 1998
Page 3
In conclusion, depending on the facts and circumstances of the particular case, a police
officer may arrest a person for illegal dumping by using the laws currently in place. The
illegal dumping problem is more a matter of enforcement than a legislative concern.
If I can be of further assistance please do not hesitate to call.
L
cc: Honorable Mayor and
Members of the City Commission
Donald H. Warshaw, City Manager
AV/GKW/w10/memo to Comm Plummer