HomeMy WebLinkAboutSubstitution Memo From City AttorneyCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez, City Attorney�J for
DATE: May 10, 2023
RE: Substitution of FR.3 on the May 11, 2023, City Commission Meeting
Prohibition of Smoking and Vaping in Public Parks and Beaches
File No. 13959
Item FR.3 on the May 11, 2023, City Commission Meeting Agenda is an
ordinance in first reading proposing an amendment to Chapter 37 of the Code of the City
of Miami, Florida, as amended ("City Code"), creating Section 37-17 prohibiting
smoking and vaping, including but not limited to, tobacco and cannabis, in all its forms
and extracts, in public parks and beaches. The Legislation is being substituted to address
the following:
(1) Clarify that the prohibition is on smoking and vaping, including but not
limited to tobacco and cannabis, in all their forms and extracts;
(2) That the prohibition does not apply to the smoking of unfiltered cigars, as that
term is used in F.S. 386.209;
(3) Revising the penalties to remove the possibility of imprisonment to match
penalties provided for by state statute; and
(4) Provide that a person may be subject to removal from the premises for a
period not exceeding twenty-four (24) hours should they continue to smoke or
vape after being issued a warning or civil fine.
CC. Arthur Noriega V, City Manager
Miriam Santana, Agenda Coordinator
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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 q4izep
visitors, and employees by ensuring that these public spaces are free from the harmfL4ffEM of
smoking and vaping including, but not limited to, the consumption of cannabis, in all o s fg!ns
and extract products; and ic>
WHEREAS, the City Commission has determined that it is in the best interes thd::ri�ityl-q
to prohibit smoking and vaping including, but not limited to, the tobacco and cannab�,irh all -of -C
their forms and extract products, in City parks and beaches. 3 Fq
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NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CIT-%O t
MIAMI, FLORIDA: x
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:C' o
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"CHAPTER 37 a ;U
OFFENSES - MISCELLANEOUS �= CD
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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 tetrahvdrocannabinol ("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 anv other liahted tobacco or cannabis product. in all of their forms and
extracts.
"Vape" or "Vagina" means to inhale or exhale vapor produced by a vapor-aeneratin
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 usina 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.
(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.
' 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.
(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.
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
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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
�e,iv fir,
City Hall
Ordinance
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Legislation
File Number: 13959
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION PROHIBITING SMOKING
AND VAPING INCLUDING, BUT NOT LIMITED TO, THE CONSUMPTION OF
CANNABIS, IN ALL OF ITS 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, THE CONSUMPTION OF
CANNABIS, IN ALL OF ITS 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.
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SPONSOR(S): Commissioner Manolo Reyes -- i w
WHEREAS, the City of Miami ("City") is committed to promoting the health angWellblpg
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of its citizens, visitors, and employees; and
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WHEREAS, smoking and vaping including, but not limited to, the consumptioFr6i -0
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cannabis, in all of its forms and extract products, have been linked to numerous healm< s
problems, including cancer, heart disease, and respiratory illnesses, and also law enfq%erY1nt
related concerns; and Cn
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
City of Miami Page 1 of 3 File ID: 13959 (Revision:) Printed On: 5110/2023
File ID: 13959 Enactment Number:
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 consumption of cannabis, in all
of its 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�.Irt%
amended as follows:' -n N
"CHAPTER 37 f' {{� �
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OFFENSES - MISCELLANEOUS -nM o M
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Sec. 37-17. Smokinq and vaping including, but not limited to, the consumption cc cn
cannabis, in all of its forms and extract products, in public parks and beaches prohibite-= mt
(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 its forms and extracts, including cigarettes, cigars,
pipes, and any other lighted tobacco or cannabis product, in all of its 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 its 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 its 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, the consumption of cannabis, in all of its forms and extract products, in
public parks or public beaches.
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:) Printed on: 511012023
File ID: 13959 Enactment Number:
(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, or by imprisonment for a term not exceeding 60 days in accordance
with section 1-13 of the City Code.
(2) Second offense within a 12-month period: punishable by a
$200.00 civil fine, or by imprisonment for a term not exceeding 60 days in
accordance with section 1-13 of the City Code
(3) Third or subsequent offense(s) within a 12-month period:
Punishable by a $500.00 civil fine, or by imprisonment for a term not exceeding
60 days in accordance with section 1-13 of the City Code.
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:
ria dez, i y ttor ey 5/2/2023
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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:) Printed on: 511012023