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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 VIII OF THE CODE OF THE CITY OF MIAMI, FLORIDA AS AMENDED,
MORE PARTICULARLY BY CREATING A NEW SECTION ENTITLED
"DISTRIBUTION OF COMMERCIAL HANDBILLS DURING CERTAIN EVENTS
PROHIBITED; PENALTY; ENFORCEMENT," SETTING THE GUIDELINES,
PENALTIES, AND ENFORCEMENT OF THE DISTRIBUTION OF COMMERCIAL
HANDBILLS DURING CERTAIN 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 ("City Code"),
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 and litter 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;
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.
{1}
Section 2. Chapter 22/Article VIII of the City Code, is further amended in the following particulars:
"CHAPTER 22
GARBAGE AND OTHER SOLID WASTE
ARTICLE VIII. HANDBILLS
*
Sec. 22-182. Distribution of commercial handbills during certain events prohibited; penalty;
enforcement.
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(a) It shall be unlawful for any person, firm, corporation or other legal entity to post, display or
distribute any commercial circulars, handbills, printed or written matter relating to any business or
commercial activities at any event with an attendance of 15,000 or more persons, on any property or
facilities owned or operated by or for the City of Miami, or within a 1,000 foot radius in or around the
property, facility or venue, without first obtaining a written permit issued or authorized by the
Neighborhood Enhancement Team (NET); provided that the provisions of this section shall not be
applicable to licensees, concessionaires, lessees or agencies of the City of Miami.
O Each person who distributes permitted commercial circulars, handbills, printed or written matter
relating to any business or commercial activities must:
1. Provide the name and date of birth of the person seeking such permit, the
name of the business represented, the business address, the business
telephone number, a valid business tax receipt or similar licensure from
another jurisdiction and a non-refundable fee of $150.00;
2. Provide a copy of the printed material intended for distribution; and
3. Provide for the proper removal of any of the above -described materials
discarded and left as litter in the surrounding event area.
Lci Any person, firm, corporation or other legal entity violating any provisions of this section shall, upon
conviction thereof, be punished by a fine not to exceed five hundred dollars ($500.00), or by
imprisonment in the County Jail for a period not to exceed sixty (60) days, or by both such fine and
imprisonment, in the discretion of the County Court.
(d) It shall be the duty of the City of Miami Police to enforce the provisions of this section against any
person, firm, corporation or other legal entity found violating the same within the City
Sec. 22-1823. Enforcement by code inspectors/enforcement officers; civil infraction notice.
(a) Enforcement of this section may be enforced by either a code enforcement inspector or sanitation
enforcement officer as follows:
(1) If a code inspector as defined in section 2-813 finds a violation of this article, such code inspector
shall issue a civil infraction notice to the violator pursuant to the provisions in sections 2-823 through 2-
830
(2) If an enforcement officer as defined in section 22-1 finds a violation of this article, such code
inspector shall issue a civil infraction notice to the violator pursuant to the provisions in section 22-93
(b) At any prosecution for violation of this section when the litter involved is a commercial handbill, if
ten or more commercial handbills advertising the same business or benefactor are found in plain view
as litter under circumstances that make it more likely than not that the commercial handbills were
placed there, or caused to be placed there, by an agent, employee, contractor, promoter, or other
representative of the business or benefactor advertised on the face of the handbills, the special master
shall apply a rebuttable presumption that the business or benefactor advertised on the face of the
handbills threw, discarded, placed or deposited the commercial handbills as litter.
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(c) If a person is found littering with commercial handbills, the code inspector is authorized to seize,
for use as evidence in the prosecution of the person, business or benefactor before the special
master, all commercial handbills in the possession of the person.
(d) The city may cause the removal, at the violator's expense, of all litter distributed or placed in
violation of this section.
Sec. 22-1834. Fines.
The following civil fines shall be imposed for violations of this section:
(1) If the offense is the first offense, $100.00 fine plus $50.00 per handbill or commercial handbill;
(2) If the offense is the second offense within the preceding 12 months, $250.00 fine plus $50.00 per
handbill or commercial handbill;
(3) If the offense is the third or subsequent offense within the preceding 12 months, $500.00 fine plus
$50.00 per handbill or commercial handbill;
(4) Notwithstanding subsections (1)-(3), no person, business or benefactor shall receive more than
one offense within any one -day period, however, the $50.00 per handbill or commercial handbill fine
shall apply to all littered handbills or commercial handbills found during that one -day period.
Sec. 22-1845. Recovery of unpaid fines; unpaid fines to constitute a lien; foreclosure.
(a) The city may institute proceedings in a court of competent jurisdiction to compel payment of civil
fines.
(b) A certified copy of an order imposing a civil fine may be recorded in the public records and
thereafter shall constitute a lien upon any other real or personal property owned by the violator and it
may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy
against the personal property, but shall not be deemed to be a court judgment except for enforcement
purposes. After two months from the filing of any such lien which remains unpaid, the city may
foreclose or otherwise execute upon the lien.
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:
VIC ORIA ME ` DEZ
CITY ATTORNEY
City of Miami
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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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