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Ordinance
Second Reading
Sponsored by: Francis Suarez, Mayor, Joe Carollo, Commissioner, Manolo Reyes,
Commissioner
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.
City of Miami File ID: 13959 (Revision: A) Printed On: 6/5/2023
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City of Miami
Legislation
Ordinance
Enactment Number: 14174
File Number: 13959 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.
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
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.
City of Miami File ID: 13959 (Revision: A) Printed On: 6/5/2023
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). Dices. and anv other liahted tobacco or cannabis Droduct. 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 person using such a device.
(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.
' 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 unchanaed material.
City of Miami File ID: 13959 (Revision: A) Printed On: 6/5/2023
(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 magistrate. 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 rig i ende` z, City Attor iey 5/2/2023 i ria i ndez, Cify 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 File ID: 13959 (Revision: A) Printed On: 6/5/2023