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Ordinance
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3500 Pan American
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Miami, FL 33133
www.miamigov.com
File Number: 10-00176 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 37 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"OFFENSES -MISCELLANEOUS", TO ESTABLISH A METHOD TO PROVIDE FOOD
OR BEVERAGES TO HOMELESS INDIVIDUALS; CONTAINING A SEVERABILITY
CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Miami ("City") acknowledges and appreciates those who take part in the
charitable act of providing food for the homeless; and
WHEREAS, to ensure the safety of the providers, the food, and the recipients of the food being
distributed, the City wished to expand the Code of the City of Miami, Florida, as amended ("City
Code"), to include provisions establishing a method for providing food for the homeless; and
WHEREAS, as a measure to ensure the safety of all involved, the City would like to require those
providing food to the homeless to register and become certified in a Food Safety Training Class; and
WHEREAS, this class will be free of charge and will help individuals to prepare, store, and provide
food to homeless individuals safely; and
WHEREAS, it is the intent of the City Commission in enacting this ordinance to improve the
quality of life, to maintain and further expand the economic vitality of the City, and to protect the
safety of the general public and homeless individuals;
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 and
incorporated as if fully set forth in this Section.
Section 2. Chapter 37 of the City Code, entitled "Offenses -Miscellaneous", is further amended in
the following particulars:{1}
"CHAPTER 37
OFFENSES -MISCELLANEOUS
Sec 37-9. Food distribution guidelines.
(a) Authority to serve or distribute food. A person, representative of a group, representative of a
church, representative of a civic or charitable organization (collectively "representative") providing
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food, without charge, to homeless individuals or other persons (collectively "food recipients"), on
public or private property may do so, provided that the representative:
(1) Is providing food at
a. a public location approved by the city manager or his designee; or
b. has written consent from the property owner to serve or distribute food on private
property;
(2) Is currently registered with the city, on a form provided by the city clerk's office that is
required to be completed on an annual basis, establishing the method for providing food to food
recipients;
(3) Has met annual training requirements for safe food handling through the Food Safety
Training Class;
(b) Penalties. The first violation of this provision shall result in the issuance of a warning; the second
violation shall be punishable by a fine of not more than $100.00 or 30 days imprisonment; third and
subsequent violations shall be punishable by a fine of not more than $200.00 or 60 days
imprisonment. A representative commits an offense if he violates, or fails to comply with, a term or
condition of this ordinance.
Sec. 37-10. Types of food to be served.
No food may be served to the homeless, unless the food has been stored at a room temperature of
(a) 41 °F. (5°C) or below; or
(b) 135°F. (57°C) or above
Sec. 37-11. Food Safety Training Class.
The city shall provide a Food Safety Training Class at least once every quarter. The Food Safety
Training Class shall be free of charge to all participants. At least one person who attends the Food
Safety Training Class must be present at all times that food is being served or distributed to food
recipients. Requests to be exempt from the Food Safety Training Class requirement shall be
reviewed by the city manager or his designee on a case by case basis and shall be granted only
when an equal or greater certification is demonstrated. The Food Safety Training Class shall cover
basic principles of food safety, including but not limited to, food handler responsibilities, personal
hygiene, foodborne Illnesses, preventing contamination, proper hot & cold storage, cleaning and
sanitizing, temporary hand washing, and proper disposal of wastewater. The city may offer the Food
Safety Training Class through the Miami Homeless Assistance Program or any other organization or
agency the city deems appropriate.
Sec. 37-12. Standards for Food Preparation and Transport.
All food served or distributed must be transported and served within four hours of preparation and
must be transported in a clean conveyance.
Sec. 37-13. Hand Washing.
Where non -prepackaged food is served or distributed, a hand washing facility must be provided for
persons preparing and serving the food. A five -gallon container with a spigot that provides
free -flowing water and a catch bucket may be used if a fixed hand washing facility is not available.
Soap and individual paper towels must be available for hand washing.
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Sec. 37-14. Wastewater.
All wastewater generated must be disposed of properly at the organization's place of business or in a
sanitary sewer.
Sec. 37-15. Trash.
The feeding site must be left in a clean, waste -free condition. Trash must be disposed of property in
garbage bags or trash receptacles and removed from site.
Sec. 37-16. Restroom Facilities.
Portable toilets or other restroom facilities for the food recipients and for persons preparing and
serving food must be provided.
*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}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
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
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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