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HomeMy WebLinkAboutO-14172City of Miami Ordinance 14172 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13910 Final Action Date: 5/25/2023 AN ORDINANCE OF THE CITY COMMISSION, AMENDING CHAPTER 22/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "GARBAGE AND OTHER SOLID WASTE/IN GENERAL," BY ESTABLISHING SECTION 22-23 OF THE CITY CODE, TITLED "PROHIBITED DISPOSITION OF YARD WASTE, DIRT, OR DEBRIS WHEN USING LEAF BLOWERS OR RAKING, PROTECTING STORMWATER CATCH BASINS AND CITY RIGHT-OF-WAYS"; FURTHER AMENDING CHAPTER 22/ARTICLE III OF THE CITY CODE, TITLED "GARBAGE AND OTHER SOLID WASTE/ ENFORCEMENT AND ADMINISTRATION," BY ESTABLISHING SECTION 22-93 OF THE CITY CODE, TITLED "PENALTIES FOR PROHIBITED DISPOSITION AND RAKING OF YARD WASTE, DIRT OR DEBRIS WHEN RAKING OR USING LEAF BLOWERS," PROVIDING PENALTIES FOR VIOLATIONS OF SECTION 22-23 AS STATED HEREIN; CONTAINING A SEVERABILITY CLAUSE; PROVIDING AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Commissioner Sabina Covo, Commissioner Manolo Reyes WHEREAS, the City of Miami has various rules and regulations regarding the use of leaf blowers, however, the City Commission is aware that frequently property owners and/or their hired landscapers blow dirt, debris and yard waste and rake leaves and debris into the City right-of-way and on to neighboring properties; and WHEREAS, disposing of such debris into the City right-of-way can cause problems with the stormwater catch basins by clogging the structure's entrance, preventing rainwater to enter the stormwater system causing pollution and flooding, and when debris is raked or blown onto a neighboring property or streets, causes a nuisance for the neighbor, pedestrians and commuters; and increases the use of city maintenance resources; and WHEREAS, the City Commission wishes to prohibit property owners and landscapers from improperly blowing, raking or disposing of a property's yard waste, dirt or debris when utilizing leaf blowers and make blowing and raking debris into City right-of-ways explicitly clear that such action is prohibited within the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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. City of Miami Page 1 of 3 File ID: 13910 (Revision:) Printed On: 7/1/2025 File ID: 13910 Enactment Number: 14172 Section 2. Chapter 22, Article I of the Code of the City of Miami, Florida, as amended ("City Code") is further amended in the following particulars: "CHAPTER 22 GARBAGE AND OTHER SOLID WASTE ARTICLE I. IN GENERAL Secs. 22-23 22 /15. Reseved. Prohibited Disposition and Raking of yard waste, dirt or debris when raking or using leaf blowers. (a) It shall be unlawful for any person to rake yard waste and debris into a City right of way, specially inside a stormwater catch basin, and to use a leaf blower to cause yard waste, dirt of debris to be deposited or blown into or upon any city stormwater catch basin, street, plaza, alley, park, parkway or neighboring property. All yard waste, dirt or debris collected using a rake or a leaf blower shall be properly disposed of in accordance with this Chapter and the City Code. (b) The fine shall be issued to the individual performing the raking or using the leaf blower in violation of this section, inclusive of property owners. However, should the individual violating the code section be acting in the scope of their employment by a contractor, landscaper, homeowners' association, or other entity, that entity will receive the fine, not the individual employee. (c) The Penalties shall be included in Section 22.93. Secs. 22-24 — 22-45. Reserved." Section 3. Chapter 22, Article III of the City Code is further amended in the following particulars: "CHAPTER 22 GARBAGE AND OTHER SOLID WASTE ARTICLE III. ENFORCEMENT AND ADMINISTRATION Sec. 22-93. Enforcement and Administrative Fees. 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. City of Miami Page 2 of 3 File ID: 13910 (Revision:) Printed on: 7/1/2025 File ID: 13910 Enactment Number: 14172 (k) Penalties for Prohibited Disposition and Raking of yard waste, dirt or debris when raking or using leaf blowers. A violation of Section 22-23 of the City Code shall be punishable as follows: (1) First violation within a six (6) month period: warning, no fine; (2) Second violation withing a six (6) month period: $100.00 fine; (3) Third or subsequent violation within a six (6) month period: $200.00 fine per incident. The fine shall be issued to the individual performing the raking or using the leaf blower in violation of Section 22-23 of the City Code, inclusive of property owners. However, should the individual violating Section 22-23 of the City Code be acting in the scope of their employment by a contractor, landscaper, homeowners' association, or other entity, that entity will receive the fine, not the individual employee." Section 4. If any section, part of any section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective immediately upon adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, ity ttor ey ) 5/2/2023 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 3 of 3 File ID: 13910 (Revision:) Printed on: 7/1/2025