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Home My WebLink AboutO-14296City of Miami Ordinance 14296 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16183 Final Action Date: 7/11/2024 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 37 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CODE"), TITLED "OFFENSES -MISCELLANEOUS;" MORE PARTICULARLY BY AMENDING SECTION 37-16 OF THE CODE PROHIBITING ENCAMPMENTS ON PUBLIC PROPERTY; PROVIDING FOR AN ADDITIONAL DEFINITIONS AND PROCEDURE FOR ENFORCEMENT; REPEALING A PREREQUISITE FOR ENFORCEMENT PROVIDED IN ORDINANCE NO. 14032; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. SPONSOR(S): Commissioner Manolo Reyes WHEREAS, the City of Miami ("City") owns or maintains public properties that have associated outdoor areas including but not limited to parking areas, greenspaces, lawns, landscaping, terraces, outdoor walkways, courtyards, and similar facilities which are generally open to the public but are not suitable for overnight use or camping ("Properties"); and WHEREAS, the Properties exist for the purpose of facilitating ingress and egress to all buildings and facilities and maintaining attractive and welcoming exteriors to be enjoyed by all members of the public; and WHEREAS, the unauthorized use of the Properties for camping where the Properties are neither intended for nor designed as a camp site, campground, or site for temporary human habitation tends to impair, obstruct, or otherwise detract from the use for the Properties' intended purpose; and WHEREAS, the act of unauthorized camping on the Properties tends to endanger the health, safety, and wellbeing of those engaged in such camping as well as the public at large; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings found in the Preamble of this Ordinance are adopted by reference and incorporated as fully set forth in this Section. Section 2. Chapter 37 of the Code of the City of Miami, Florida as amended, titled "Offenses -Miscellaneous," is amended in the following particulars:1 "CHAPTER 37 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. City of Miami Page 1 of 3 File ID: 16183 (Revision:) Printed On: 7/22/2024 File ID: 16183 Enactment Number: 14296 OFFENSES -MISCELLANEOUS Sec. 37-16. (a) Definitions. Unless the particular provisions or the context otherwise requires, the definitions contained in this Section shall govern the construction, meaning, and application of words and phrases used in this Chapter. Code Inspector means the authorized agent or employee of the City so designated in Chapter 2, Article X of the City Code whose duty it is to ensure Code compliance. Encampment means any one or more of the following: 1. The unauthorized use of fabric, metal, cardboard, or other materials as a tent or other temporary structure for living accommodation purposes or human habitation; 2, The unauthorized use of a bed mattress or bedroll in a Public Place; 23. The unauthorized use of a Heating Device in an area; or 34. The unauthorized accumulation of personal property (other than Durable Medical Equipment) that would not fit in a container three feet (3') high, three feet (3') wide, and three feet (3') deep. Department means the Department of Human Services. Durable Medical Equipment means equipment customarily used for medical purposes, able to withstand repeated use, and generally not useful to a person in the absence of illness or injury. Non-exclusive examples of such equipment include wheelchairs, canes, crutches, and portable oxygen tanks. Heating Device means a camp stove, grill, heater, or other container or device capable of generating or containing an open flame. Police Officer means a law enforcement officer as defined in Section 943.10(1), Florida Statutes, as amended. Public Place means an outdoor area owned, managed or controlled by the City to which the public has access, including but not limited to public rights -of -way, parks, streets, sidewalks, hiking and biking trails, transit facilities, underpasses, and parking lots. (b) Prohibitions: 1. Encampment in a Public Place in the City is unlawful. 2. Any person who violates this Section shall be guilty of a misdemeanor and, upon conviction, shall be punished as provided in Section 1-13 of the City Code or as a civil violation as set forth in Chapter 2, Article X of the City Code. (c) Procedure for Enforcement. (1) A Police Officer or Code Inspector may issue a citation for a violation of this Article if prior to issuing the citation: City of Miami Page 2 of 3 File ID: 16183 (Revision:) Printed on: 7/22/2024 File ID: 16183 Enactment Number: 14296 (i) The Police Officer or Code Inspector has tendered a written warning to the person maintaining an Encampment stating that a failure to comply with the City's prohibition against Encampments may result in the issuance of a citation to the person or in the person's arrest; and (ii)The Police Officer or Code Inspector has provided a reasonable time (two [2] hours) for the person to pick up his or her belongings and comply with the prohibition, yet the person has not complied. (iii)The written warning required by Subsection (c)(1)(i) may be accompanied by written information regarding the availability of medical treatment (including mental health treatment) or social services (including temporary shelter or drug or alcohol rehabilitation). (2) A Police Officer may arrest a person for a violation of this Article if prior to the arrest: (i) The Police Officer has tendered the written warning required by Subsection (c)(1)(i) of and has provided a reasonable time {two [2] hours) for the person to pick up his or her belongings and comply with the prohibition, yet the person has not complied; (ii) The Police Officer has verified that there is an available shelter bed for the person and the person has refused the offer of shelter; and (iii) In the event of an arrest pursuant to this Section, the Police Officer and the Department will follow the established City policies for the handling and storage of the person's property. *11 Section 3. 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 4. The directive provided in Ordinance No 14032 containing the prerequisite that this Ordinance will not be enforced until Resolution No. R-21-0373 adopted September 13, 2021 directing the City Manager to designate an area or areas in the City providing for permitted temporary encampment sites or other shelter options for homeless individuals is realized pursuant to the parameters discussed by the City Commission at Second Reading of this Ordinance is hereby repealed. Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: rge = . Wyy ng III, C y ttor -y 6/4/2024 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: 16183 (Revision:) Printed on: 7/22/2024