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Home My WebLink AboutO-14174City of Miami op if Ordinance 14174 1111 II li.RR I + Legislation File Number: 13959 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 5/25/2023 AN ORDINANCE OF THE MIAMI CITY COMMISSION PROHIBITING SMOKING AND VAPING INCLUDING, BUT NOT LIMITED TO, TOBACCO AND CANNABIS, IN ALL OF THEIR FORMS AND EXTRACT PRODUCTS, IN PUBLIC PARKS AND BEACHES; AMENDING CHAPTER 37 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "OFFENSES - MISCELLANEOUS", BY CREATING SECTION 37-17, TITLED "SMOKING AND VAPING INCLUDING, BUT NOT LIMITED TO, TOBACCO AND CANNABIS, IN ALL OF THEIR FORMS AND EXTRACT PRODUCTS, IN PUBLIC PARKS AND BEACHES PROHIBITED"; FURTHER DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO IMPLEMENT THIS ORDINANCE AND SPREAD PUBLIC AWARENESS OF ITS EFFECT, INCLUDING, BUT NOT LIMITED TO, THE POSTING OF SIGNAGE IN PUBLIC BUILDINGS, PARKS, AND BEACHES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Mayor Francis X. Suarez, Commissioner Joe Carollo, Commissioner Manolo Reyes WHEREAS, the City of Miami ("City") is committed to promoting the health and wellbeing of its citizens, visitors, and employees; and WHEREAS, smoking and vaping including, but not limited to, tobacco and cannabis, in all of their forms and extract products, have been linked to numerous health problems, including cancer, heart disease, and respiratory illnesses, and also law enforcement related concerns; and WHEREAS, exposure to secondhand smoke and vapor has been shown to cause negative health effects, especially in children, pregnant women, and individuals with pre-existing medical conditions; and WHEREAS, the Florida Clean Indoor Air Act ("FCIAA") prohibits smoking and vaping inside certain public areas, including government buildings and other enclosed workspaces; and WHEREAS, on June 17, 2022, Governor Ron DeSantis signed House Bill 105 ("HB 105"), which amended the FCIAA to allow municipalities and counties to further restrict smoking at municipal -owned parks and beaches; and WHEREAS, City parks and beaches are important public spaces where residents and visitors come to enjoy outdoor activities, exercise, and relax; and WHEREAS, the City has a responsibility to protect the health and safety of its citizens, visitors, and employees by ensuring that these public spaces are free from the harmful effects of City of Miami Page 1 of 3 File ID: 13959 (Revision: A) Printed On: 6/5/2023 File ID: 13959 Enactment Number: 14174 smoking and vaping including, but not limited to, the consumption of cannabis, in all of its forms and extract products; and WHEREAS, the City Commission has determined that it is in the best interest of the City to prohibit smoking and vaping including, but not limited to, the tobacco and cannabis, in all of their forms and extract products, in City parks and beaches. NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 37 of the Code of the City of Miami, Florida, as amended, is further amended as follows:' "CHAPTER 37 OFFENSES - MISCELLANEOUS Sec. 37-17. Smoking and vaping including, but not limited to, tobacco and cannabis, in all of their forms and extract products, in public parks and beaches prohibited. (a) Definitions: "Cannabis" means the cannabis plant, in its different forms, and any part of the same, including seeds, derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers thereof, whether growing or not, with a delta-8 tetrahydrocannabinol ("THC") concentration that does not exceed 0.3 percent on a dry weight basis. "Smoke" or "Smoking" means inhaling, exhaling, burning, carrying, or possessing any lighted tobacco or cannabis product, in all of their forms and extracts, including cigarettes, cigars (except unfiltered cigars as that term is used in Section 386.209, Florida Statutes, as amended), pipes, and any other lighted tobacco or cannabis product, in all of their forms and extracts. "Vape" or "Vaping" means to inhale or exhale vapor produced by a vapor -generating electronic device or to possess a vapor -generating electronic device while that device is actively employing an electronic, a chemical, or a mechanical means designed to produce vapor or aerosol from a nicotine or cannabis product, in all of their forms and extracts, or any other substance. The term does not include mere possession of a vapor -generating electronic device. "Vapor' means aerosolized or vaporized nicotine, cannabis, in all of their forms and extract products, or other aerosolized or vaporized substance produced by a vapor -generating electronic device or exhaled by a Derson usina such a device. ' Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami Page 2 of 3 File ID: 13959 (Revision: A) Printed on: 6/5/2023 File ID: 13959 Enactment Number: 14174 (b) Prohibition. It shall be unlawful for any person to smoke or vape including, but not limited to, tobacco or cannabis, in all of their forms and extract products, in public parks or public beaches. (c) Penalties. The following penalties shall be imposed for violations of this section: (1) First offense within a 12-month period: punishable by a $100.00 civil fine. (2) Second offense within a 12-month period: punishable by a $200.00 civil fine. (3) Third or subsequent offense(s) within a 12-month period: Punishable by a $500.00 civil fine. (4) In addition to the civil fines outlined above, any person who continues to smoke or vape after being issued a warning or civil fine may be subject to removal from the public park or beach premises for a period not exceeding twenty-four (24) hours. (d) Enforcement. This section shall be enforced pursuant to Chapter 2 Article X - Code Enforcement of the Code of the City of Miami, Florida, as amended, or any other enforcement mechanism as provided by law. Use of one means of enforcement shall not preclude the use of any other remedies. Civil fines issued Dursuant to this Article are aaaealable to a saecial maaistrate. Civil citations may also be issued by City of Miami Police *„ Section 3. The City Manager is directed to take any and all actions necessary to implement this Ordinance and spread public awareness of its effect, including, but not limited to, the posting of signage in public buildings, parks, and beaches. Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective immediately thereafter final reading and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 1 1 i ria i "ndez, Cify Attor iey 5/2/2023 i ria i "ndez, ity Attor ey 5/16/2023 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 3 of 3 File ID: 13959 (Revision: A) Printed on: 6/5/2023