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Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 14-01162 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", MORE PARTICULARLY BY ADDING A NEW
SECTION ENTITLED "PUBLIC URINATION OR DEFECATION PROHIBITED;
EXCEPTIONS; PENALTIES"; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, public urination or defecation is injurious to public health, safety, and welfare; and
WHEREAS, the City Commission has a substantial interest in protecting the health, safety, and
welfare of the residents of the City of Miami ("City"); and, clear and unambiguous prohibition against
urination or defecation in public places is a reasonable means of achieving that goal; and
WHEREAS, the City desires to prohibit public urination or defecation and provide penalties and
exceptions for same; and
WHEREAS, the City Commission finds that this Ordinance promotes and protects the general
health, safety, and welfare of the residents of the City;
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 fully set forth in this Section.
Section 2. Chapter37 of the Code of the City of Miami, Florida, as amended ("City Code"), entitled
"Offenses -Miscellaneous", is amended in the following particulars;{1}
"CHAPTER 37
OFFENSES -MISCELLANEOUS
Sec. 37-11. Public Urination or Defecation Prohibited; Exceptions; Penalties.
(a) Purpose. Public Urination and/or Defecation is found to be a public nuisance and detrimental to
the health, safety, and welfare of the City and its inhabitants. It is the intent of this section to
protect and preserve the health, safety, and welfare of the citizens of the City by prohibiting
Urination and/or Defecation by any person in any Public Place as defined herein.
City of Miami Page 1 of 2 File Id: 14-01162 (Version: 1) Printed On: 12/2/2014
File Number: 14-01162
(b) Definitions. For purposes of this section, the following words shall be defined as provided
herein:
1. Public Place: Any street, highway, right of way, alley, parking lot, driveway, sidewalk,
boulevard, park, beach, wharf, pier, bridge, or other place, whether public or private, which
is open to the public. As used in this section, Public Place does not include a place
designated for use as a urinal or a toilet such as, but not limited, a restroom or portable
toilet.
2. Persons With Impairments: A disability, unrelated to the ingestion of alcohol, illegal
substances, or substances not prescribed to the particular person ingesting them, which
renders a person unable to control his or her bodily functions of urination and/or defecation.
3. Urinate or Urination: As used in this section means to pass or discharge urine excreted by
the kidneys from the body.
4. Defecate or Defecation: As used in this section means to excrete waste from the body from
a person's bowels.
(c) Prohibited Acts. It is unlawful for any person:
1. To Urinate in any Public Place that has not been designated for use as a urinal or toilet.
2. To Defecate in any Public Place that has not been designated for use as a toilet.
3. Exceptions. Subsections (c)(1) and (c)(2) shall not apply to children under five (5) years old
or to Persons With Impairments as defined in this section.
fat Penalty. Any person violating any of the provisions of this section shall be subject to the penalty
as provided in Section 1-13 of the City Code.
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}
APPROVES TO FORM AND CORRECTNESS:
VICTORIA MEIDDEZ
ITYATTORN'
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Footno es:
{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 or upon the
effective date stated herein, whichever is later.
City of Miami Page 2 of 2 File Id: 14-01162 (Version: I) Printed On: 12/2/2014