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HomeMy WebLinkAboutOrdinanceCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-00058 Final Action Date: TO BE WITHDRAWN AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 37 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "OFFENSES -MISCELLANEOUS," MORE PARTICULARLY BY ADDING A NEW SECTION TO PROHIBIT CAMPING ON PUBLIC PROPERTY; PROVIDING FOR DEFINITIONS AND PENALTIES; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") owns and maintains multiple properties that have associated outdoor areas including 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; and WHEREAS, such outdoor areas exist for the purpose of facilitating ingress and egress from City buildings and facilities, and maintaining attractive and welcoming exteriors to City facilities to be enjoyed by all members of the public; and WHEREAS, the unauthorized use of public property for camping where the property in question is 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 of the property for its intended purpose; and WHEREAS, the act of unauthorized camping on public property 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, entitled "Offenses -Miscellaneous," is amended in the following particulars: {1} "CHAPTER 37 OFFENSES -MISCELLANEOUS City of Miami Page 1 of 3 File Id: 15-00058 (Version: 3) Printed On: 8/30/2024 File Number: 15-00058 Sec. 37-11. Camping Prohibited Upon Public Property and Public Rights -of -Way. (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. "Camp" or "Camping" means to place, pitch, or occupy camp facilities; to live temporarily in a camp facility; or, to use Camp Paraphernalia. "Camp Facilities" means tents, shacks, huts, temporary shelters, or like facilities. "Camp Paraphernalia" means tarpaulins, cots, mattresses, hammocks, and cooking equipment. "Establish" means setting up or moving equipment, supplies, or materials on to Public Property to Camp or operate Camp Facilities. "Maintain" or "Maintaining" means keeping or permitting equipment, supplies, or materials to remain on Public Property or Private Property in order to Camp or operate Camp Facilities. "Public Property" means all public property including, but not limited to, Streets, sidewalks, alleys, improved or unimproved lands, greenspace, parks, and public rights -of -way as defined in Section 54- 1 of this Code. "Store" or "Storing" means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location. "Street" means the same as defined in Section 54-1 of this Code. (b) Prohibitions: 1. It is unlawful and a public nuisance for any person to Camp, occupy Camp Facilities, or use Camp Paraphernalia upon any Public Property, unless specifically authorized by this Code. The person shall not be charged with a violation of this Section if, after being warned by a law enforcement officer, the person immediately removes or causes to be removed all Camp Facilities and Camp Paraphernalia. 2. It is unlawful and a public nuisance for any person to Establish or Maintain Camp Facilities or to Store Camp Paraphernalia upon any Public Property, unless specifically authorized by this Code. (c) Removal of prohibited items: 1. If any Camp Paraphernalia is found on Public Property by a law enforcement officer and there is no person present who claims ownership of it, the officer may cause it to be removed to a secure indoor or outdoor location where it will be held for a period of 90 days. Upon removal of such items, a notice shall be affixed to the site where the removed items were located. The notice shall provide a telephone number and a location where information concerning the retrieval of such items can be City of Miami Page 2 of 3 File Id: 15-00058 (Version: 3) Printed On: 8/30/2024 File Number: 15-00058 obtained. Such notice may be removed after five (5) days. If the items are not claimed by the person supplying sufficient proof of ownership within the 90 days of removal, they shall be deemed abandoned property and may be disposed of accordingly. (d) Penalties: Any person who violates any provision of this section commits a municipal ordinance violation and may be punished as provided in Section 1-13 of the Code of the City of Miami, Florida, as amended. (e) Enforcement: This section shall be enforced in accordance with the provisions of the Pottinger settlement agreement and the Addendum to the Pottinger settlement agreement. *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. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. {2} Footnotes: {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 (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. City of Miami Page 3 of 3 File Id: 15-00058 (Version: 3) Printed On: 8/30/2024