HomeMy WebLinkAboutO-12972City of Miami
Legislation
Ordinance: 12972
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-00435b Final Action Date: 2/14/2008
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ENTITLED "SOLID
WASTE," AND CREATING NEW ARTICLE VIII, "HANDBILLS," SECTIONS 22-180
THROUGH 22-185, TO CREATE DEFINITIONS; ESTABLISH CRITERIA FOR
REBUTTABLE PRESUMPTIONS CONCERNING LITTERING WITH COMMERCIAL
HANDBILLS; PROVIDE FOR SEIZURE OF HANDBILLS FOR USE AS EVIDENCE
AT PROSECUTION; PROVIDE FOR REMOVAL OF HANDBILLS AT VIOLATOR'S
EXPENSE; PROVIDE FOR ENFORCEMENT AND PROVIDE FOR FINES AND
PENALTIES FOR VIOLATIONS; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, It is the intent of the City Commission, to prevent, in whatever way possible, the
abuse of the environment of the City of Miami ("City") through acts of any persons that are generally
classified under the headings of "dumping" and "littering," which acts severely burden the taxpayers
of the City and adversely affect the attractiveness, public health, safety and welfare of the community
for its residents and visitors; and
WHEREAS, litter on public property caused by persons distributing commercial handbills and
flyers continues to be a problem in the City and has recently been the subject of City Commission and
Planning Board discussions to address modified enforcement and legislative solutions; and
WHEREAS, the severe litter problem caused by littering with commercial handbills, in addition to
harming the City's aesthetics and visual beauty by causing visual blight, harms and damages the
City's efforts to promote, provide for, and protect the public health, safety, morals, and welfare; and
WHEREAS, the persons and entities who are the primary beneficiaries of the distribution of
commercial handbills that end up as litter in the City gain financial benefits and profits from
commercial handbills that end up as litter; and
WHEREAS, the City is forced to spend substantial financial and human resources cleaning up
litter caused by commercial handbills; and
WHEREAS, the City also recognizes that a portion of the handbill litter problem in the City is
caused by out -of -City businesses that send their agents to litter the City's streets with handbills
advertising their out -of -City businesses, and the City intends to prosecute these out -of -City business
violators to the full extent permitted by law, including by recording all Code Enforcement orders
imposing fines as liens on violators' property and pursuing all actions permitted at law and in equity to
enforce such orders imposing fines; and
WHEREAS, it would serve a substantial governmental interest for the City Commission to enact
an Ordinance increasing the City's ability to enforce its regulations concerning litter by creating criteria
for rebuttable presumptions concerning littering with commercial handbills;
City of Miami
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File Number: 07-00435b Enactment Number: 12972
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 22 of the Code of the City of Miami, Florida, as amended, is amended in
the following particulars:{1}
"Chapter 22
GARBAGE AND OTHER SOLID WASTE*
***
ARTICLE VIII. HANDBILLS
Sec. 22-180. Definitions.
(1) Benefactor means the owner of the business advertised in the commercial handbill whose agent,
employee, contractor, promoter, or other representative did or caused the throwing, discarding,
placing or depositing.
(2) Business means any commercial or industrial activity, entity, or event in or for which any goods or
services are made, sold or offered for sale or other consideration, pecuniary or otherwise.
(3) Handbill means any flyer, paper, document, dodger, circular, folder, booklet, letter, card,
pamphlet, sheet, poster, sticker, banner, notice or other written, printed or painted matter or object
that conveys any information, except that "handbill" shall not include a newspaper or its contents.
(4) Commercial Handbill means any handbill that conveys any information about any good or service
provided by a business.
(5) Litter means any paper, handbill, garbage, or other waste that has been placed or deposited and
left on a public sidewalk, street, road, avenue, beach, swale, median, building, fence, wall, boardwalk,
park, or any other public area, or on any object located on public property, or on the kneewall, window
ledge or sill of any public or private building, or on a motor vehicle or private property. Handbills
attached to a trash receptacle, but not within the trash receptacle in the usual manner, shall also be
considered litter.
(6) One day means a 24 hour period from noon to noon.
(7) Person, benefactor, or owner include, within their respective meanings, either an individual or an
entity.
Sec. 22-181. Throwing or discarding handbills prohibited.
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(a) It shall be unlawful for any person, business or benefactor to throw, discard, place or deposit,
scatter, cast or cause to be thrown, discarded, placed, or deposited, scattered or cast handbills or
commercial handbills in any manner or amount whatsoever in or on any public highway, sidewalk,
road, street, alley, thoroughfare or any other public place, except in containers or areas lawfully
provided therefore.
(b) It shall be unlawful for any person, business or benefactor to throw, discard, place or deposit,
scatter, cast or cause to be thrown, discarded, placed, or deposited, scattered or cast handbills or
commercial handbills in any manner or amount whatsoever on any private property, unless prior
consent of the owner has been given and the owner is willing to receive the handbill and unless such
handbills or commercial handbills will not cause a public nuisance or be in violation of any other state
or local laws, rules or regulations. Nothing herein shall relieve the property owner's responsibility of
maintaining the property in a safe and clean condition.
Sec. 22-182. Enforcement by code inspectors/enforcement officers; civil infraction notice.
(a) Enforcement of this section may be enforced by either a code enforcement inspector or sanitation
enforcement officer as follows:
(1) If a code inspector as defined in section 2-813 of this code finds a violation of this article,
such code inspector shall issue a civil infraction notice to the violator pursuant to the provisions in
sections 2-823 through 2-830 of this code.
(2) If an enforcement officer as defined in section 22-1 of this code finds a violation of this
article, such code inspector shall issue a civil infraction notice to the violator pursuant to the
provisions in sections 22-93 of this code.
(b) At any prosecution for violation of this section when the litter involved is a commercial handbill, if
10 or more commercial handbills advertising the same business or benefactor are found in plain view
as litter under circumstances that make it more likely than not that the commercial handbills were
placed there, or caused to be placed there, by an agent, employee, contractor, promoter, or other
representative of the business or benefactor advertised on the face of the handbills, the special
master shall apply a rebuttable presumption that the business or benefactor advertised on the face of
the handbills threw, discarded, placed or deposited the commercial handbills as litter.
(c) If a person is found littering with commercial handbills, the code inspector is authorized to seize,
for use as evidence in the prosecution of the person, business or benefactor before the special
master, all commercial handbills in the possession of the person.
(d) The city may cause the removal, at the violator's expense, of all litter distributed or placed in
violation of this section.
Sec.22-183. Fines
(a) The following civil fines shall be imposed for violations of this section:
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If the offense is the first offense, $100.00 fine plus $50.00 per handbill or commercial
handbill;
(2) If the offense is the second offense within the preceding 12 months, $250.00 fine plus
$50.00 per handbill or commercial handbill;
(3) If the offense is the third or subsequent offense within the preceding 12 months, $500.00
fine plus $50.00 per handbill or commercial handbill;
(4) Notwithstanding Sections (1)-(3), no person, business or benefactor shall receive more
than 1 offense within any one day period, however, the $50.00 per handbill or commercial
handbill fine shall apply to all littered handbills or commercial handbills found during that one
day period.
Sec. 22-184 Recovery of unpaid fines; unpaid fines to constitute a lien; foreclosure.
(1) The city may institute proceedings in a court of competent jurisdiction to compel payment of civil
fines.
(2) A certified copy of an order imposing a civil fine may be recorded in the public records and
thereafter shall constitute a lien upon any other real or personal property owned by the violator and it
may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy
against the personal property, but shall not be deemed to be a court judgment except for
enforcement purposes. After two months from the filing of any such lien which remains unpaid, the
city may foreclose or otherwise execute upon the lien.
Section 3. All ordinances or parts of ordinances that are inconsistent or in conflict with the
provisions of this Ordinance are repealed.
Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance
is declared invalid, the remaining of this Ordinance shall not be affected.
Section 5. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof.{2}
Footnotes:
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File Number: 07-00435b Enactment Number: 12972
{1} 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.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
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.
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