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Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-00176 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 22,
ARTICLE VII1, SECTION 22-181 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, TO ADD SECTION 22.181(c) TO BE ENTITLED "PROHIBITION ON
COMMERCIAL HANDBILL DISTRIBUTION DURING LARGE EVENTS";
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Chapter 22, Sections 181-184 of the Code of the City of Miami, Florida, as
amended, provide for the definitions, requirements, and enforcement aspects dealing with commercial
handbills; and
WHEREAS, there is no language to address the specific issues regarding the continued
distribution of handbills at large fairs and concerts routinely held in the City of Miami ("City"); and
WHEREAS, the continued distribution of handbills at large fairs and concerts presents a
detriment to the general welfare and sanitation of the community; and
NOW, THEREFORE, BE iT ORDAINDED 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 fully set forth in this section.
Section 2. Chapter 22, Article VI II, Section 22-181 of the Code of the City of Miami, Florida, as
amended, is further amended in the following particulars: {1}
"CHAPTER 22
GARBAGE AND OTHER SOLID WASTE
* * * *
ARTICLE VIII. HANDBILLS
SEC. 22-181. THROWING OR DISCARDING HANDBILLS PROHIBITED.
(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,
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File Number: 15-00176
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
handbi[Is 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.
(c) It shall be unlawful for any person to distribute commercial handbills on the right-of-way within a six
(6) block radius of any event with an attendance of 30,000 people or more persons. The prohibition in
this subsection (c) shall apply to the distribution of commercial handbills on any right-of-way, including
but not limited to any doorway, stairway, window or other opening of a building abutting on or adiacent
to such right-of-way. All rights -of -way identified as prohibited areas shall include the entire width of the
right-of-way, including all sidewalks.
Section 3. If any section, part of 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}
AP ROVED AS TO FORM AND CORRECTNESS:
VIORIA MENDEZ
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
(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.
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