HomeMy WebLinkAboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION
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AN ORDINANCE OF THE MIAMI CITY COMMISSION PROHIBITING SMOKING AND VAPING
INCLUDING, BUT NOT LIMITED TO, TOBACCO AND CANNABIS, IN ALL OF THEIR FORMS
AND EXTRACT PRODUCTS, IN PUBLIC PARKS AND BEACHES; AMENDING CHAPTER 37
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "OFFENSES -
MISCELLANEOUS", BY CREATING SECTION 37-17, TITLED "SMOKING AND VAPING
INCLUDING, BUT NOT LIMITED TO, TOBACCO AND CANNABIS, IN ALL OF THEIR FORMS
AND EXTRACT PRODUCTS, IN PUBLIC PARKS AND BEACHES PROHIBITED"; FURTHER
DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO
IMPLEMENT THIS ORDINANCE AND SPREAD PUBLIC AWARENESS OF ITS EFFECT,
INCLUDING, BUT NOT LIMITED TO, THE POSTING OF SIGNAGE IN PUBLIC BUILDINGS,
PARKS, AND BEACHES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, the City of Miami ("City") is committed to promoting the health and wellbeing
of its citizens, visitors, and employees; and
WHEREAS, smoking and vaping including, but not limited to, tobacco and cannabis, in
all of their forms and extract products, have been linked to numerous health problems, including
cancer, heart disease, and respiratory illnesses, and also law enforcement related concerns;
and
WHEREAS, exposure to secondhand smoke and vapor has been shown to cause
negative health effects, especially in children, pregnant women, and individuals with pre-existing
medical conditions; and
WHEREAS, the Florida Clean Indoor Air Act ("FCIAA") prohibits smoking and vaping
inside certain public areas, including government buildings and other enclosed workspaces; and
WHEREAS, on June 17, 2022, Governor Ron DeSantis signed House Bill 105 ("HB
105"), which amended the FCIAA to allow municipalities and counties to further restrict smoking
at municipal -owned parks and beaches; and
WHEREAS, City parks and beaches are important public spaces where residents and
visitors come to enjoy outdoor activities, exercise, and relax; and
WHEREAS, the City has a responsibility to protect the health and safety of its cizepg,
visitors, and employees by ensuring that these public spaces are free from the harmfug:Offiggs of
smoking and vaping including, but not limited to, the consumption of cannabis, in allAs fgns
and extract products; and �,c>
� r, Ac Fri
WHEREAS, the City Commission has determined that it is in the best interes thd:eity171
to prohibit smoking and vaping including, but not limited to, the tobacco and cannab,5rh allvf -C
their forms and extract products, in City parks and beaches. 3 M
r ••
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITiO t
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
13959 Legislation -SUB
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL CAN
BE SEEN AT END OF THIS DOCUMENT.
Section 2. Chapter 37 of the Code of the City of Miami, Florida, as amended, is further
amended as follows:' ri fro.,
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OFFENSES - MISCELLANEOUS c frn
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Sec. 37-17. Smoking and vapina including. but not limited to. tobacco and candibisa
all of their forms and extract products, in public parks and beaches prohibited.
"CHAPTER 37
(a) Definitions:
"Cannabis" means the cannabis plant, in its different forms. and anv part of the same,
including seeds, derivatives, extracts. cannabinoids, isomers, acids, salts, and salts of isomers
thereof, whether growing or not, with a delta-8 tetrahvdrocannabinol ("THC") concentration that
does not exceed 0.3 percent on a dry weight basis.
"Smoke" or "Smoking" means inhaling, exhaling, burning, carrying, or possessing anv
lighted tobacco or cannabis product, in all of their forms and extracts, including cigarettes,
cigars (except unfiltered cigars as that term is used in Section 386.209, Florida Statutes, as
amended), pipes, and any other lighted tobacco or cannabis product, in all of their forms and
extracts.
"Vape" or "Vapinq" means to inhale or exhale vapor produced by a vapor -generating
electronic device or to possess a vapor -generating electronic device while that device is actively
employing an electronic, a chemical, or a mechanical means designed to produce vapor or
aerosol from a nicotine or cannabis product, in all of their forms and extracts, or any other
substance. The term does not include mere possession of a vapor -generating electronic device.
"Vapor" means aerosolized or vaporized nicotine. cannabis, in all of their forms and
extract products, or other aerosolized or vaporized substance produced by a vapor -generating
electronic device or exhaled by a person using such a device.
(b) Prohibition. It shall be unlawful for any person to smoke or vape including,
but not limited to. tobacco or cannabis, in all of their forms and extract products, in public
parks or public beaches.
(c) Penalties. The following penalties shall be imposed for violations of this
section:
(1) First offense within a 12-month period: punishable by a $100.00
civil fine.
(2) Second offense within a 12-month period: punishable by a
$200.00 civil fine.
(3) Third or subsequent offense(s) within a 12-month period:
punishable by a $500.00 civil fine.
' 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.
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL CAN
BE SEEN AT END OF THIS DOCUMENT.
(4) In addition to the civil fines outlined above, any person who
continues to smoke or vape after being issued a warning or civil fine may be
subject to removal from the public park or beach premises for a period not
exceeding twenty-four (24) hours.
* *„
Section 3. The City Manager is directed to take any and all actions necessary to
implement this Ordinance and spread public awareness of its effect, including, but not limited to,
the posting of signage in public buildings, parks, and beaches.
Section 4. 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 5. This Ordinance shall become effective immediately thereafter final reading
and signature of the Mayor.2
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.
SUBSTITUTED
City of Miami
Ordinance
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 13959
Final Action
AN ORDINANCE OF THE MIAMI CITY COMMISSION PROHIBITING S
AND VAPING INCLUDING, BUT NOT LIMITED TO, THE CONSUMP
CANNABIS, IN ALL OF ITS FORMS AND EXTRACT PRODUCTS,
PARKS AND BEACHES; AMENDING CHAPTER 37 OF THE CO
CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "OFFENS
MISCELLANEOUS", BY CREATING SECTION 37-17, TITLE
VAPING INCLUDING, BUT NOT LIMITED TO, THE CONS
CANNABIS, IN ALL OF ITS FORMS AND EXTRACT PR
PARKS AND BEACHES PROHIBITED"; FURTHER DI
MANAGER TO TAKE ANY AND ALL ACTIONS NEC
THIS ORDINANCE AND SPREAD PUBLIC AWAR
INCLUDING, BUT NOT LIMITED TO, THE POST
BUILDINGS, PARKS, AND BEACHES; CONT
CLAUSE; AND PROVIDING FOR AN IMMED
SPONSOR(S): Commissioner Manolo Reyes
WHEREAS, the City of Miami ("City") is c
of its citizens, visitors, and employees; and
WHEREAS, smoking and vaping in
cannabis, in all of its forms and extract pr
problems, including cancer, heart dise- :e,
related concerns; and
ate:
OKING
ON OF
PUBLIC
OF THE
SMOKING AND
PTION OF
UCTS, IN PUBLIC
CTING THE CITY
SARY TO IMPLEMENT
ESS OF ITS EFFECT,
G OF SIGNAGE IN PUBLIC
ING A SEVERABILITY
TE EFFECTIVE DATE.
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mitted to promoting the health an_twoellttg rn
o � C)
P 1
ding, but not limited to, the consumption -a -‹
ducts, have been linked to numerous heall s Fri
and respiratory illnesses, and also law enfagert 'nt
rn cn
Ell
WHEREAS, exposure to -condhand smoke and vapor has been shown to cause
negative health effects, especi, y in children, pregnant women, and individuals with pre-existing
medical conditions; and
WHEREAS, the F . rida Clean Indoor Air Act ("FCIAA") prohibits smoking and vaping
inside certain public ar
s, including government buildings and other enclosed workspaces; and
WHEREAS on June 17, 2022, Governor Ron DeSantis signed House Bill 105 ("HB
105"), which am- ded the FCIAA to allow municipalities and counties to further restrict smoking
at municipal-o ed parks and beaches; and
WHREAS, City parks and beaches are important public spaces where residents and
visitors c' e to enjoy outdoor activities, exercise, and relax; and
WHEREAS, the City has a responsibility to protect the health and safety of its citizens,
vis' rs, and employees by ensuring that these public spaces are free from the harmful effects of
oking and vaping including, but not limited to, the consumption of cannabis, in all of its forms
and extract products; and
City of Miami Page 1 of 3 File ID: 13959 (Revision:) Printed On: 5/10/2023
SUBSTITUTED
File ID: 13959 Enactment Number:
WHEREAS, the City Commission has determined that it is in the best interest of the City
to prohibit smoking and vaping including, but not limited to, the consumption of cannabis, in all
of its forms and extract products, in City parks and beaches.
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 Ordin ce are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 37 of the Code of the City of Miami, Florida, as am nded, igprtl
amended as follows:1
i d
CI
"CHAPTER 37 cp `-'m a {'�{��
-<Tj -< i ' f' f
O-I IMIIIIMI L J
OFFENSES - MISCELLANEOUS -nr;; o rri
3c-_, <
* * * >-4 3 M
5 t t�
c
r ••
Sec. 37-17. Smoking and vapinq including, but not li► ited to, the consumption c1J CA
cannabis, in all of its forms and extract products, in public a arks and beaches prohibite
(a) Definitions:
"Cannabis" means the cannabis plant, in i : different forms, and any part of the same,
including seeds, derivatives, extracts, cannabin► ds, isomers, acids, salts, and salts of isomers
thereof, whether growing or not, with a delta-: etrahydrocannabinol ("THC") concentration that
does not exceed 0.3 percent on a dry weiq basis.
"Smoke" or "Smoking" means in ' alinq, exhaling, burning, carrying, or possessing any
lighted tobacco or cannabis product, all of its forms and extracts, including cigarettes, cigars,
pipes, and any other lighted tobacc, or cannabis product, in all of its forms and extracts.
"Vape" or "Vapinq" mea► to inhale or exhale vapor produced by a vapor -generating
electronic device or to posse - a vapor -generating electronic device while that device is actively
employing an electronic, a . emical, or a mechanical means designed to produce vapor or
aerosol from a nicotine or annabis product, in all of its forms and extracts, or anv other
substance. The term d. -s not include mere possession of a vapor -generating electronic device.
"Vapor" me- s aerosolized or vaporized nicotine, cannabis, in all of its forms and extract
products, or othe aerosolized or vaporized substance produced by a vapor -generating
electronic devi or exhaled by a person using such a device.
(b) Prohibition. It shall be unlawful for anv person to smoke or vape including,
b not limited to, the consumption of cannabis, in all of its forms and extract products, in
ublic parks or public beaches.
ords/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: 13959 (Revision:) Printed on: 5/10/2023
SUBSTITUTED
File ID: 13959
Enactment Number:
(c) Penalties. The following penalties shall be imposed for violations of this
section:
(1) First offense within a 12-month period: punishable by a $100.00
civil fine, or by imprisonment for a term not exceeding 60 days in accordance
with section 1-13 of the City Code.
(2) Second offense within a 12-month period: punishable by a
$200.00 civil fine, or by imprisonment for a term not exceeding 60 days i
accordance with section 1-13 of the City Code
(3) Third or subsequent offense(s) within a 12-month period:
punishable by a $500.00 civil fine, or by imprisonment for a term n• exceeding
60 days in accordance with section 1-13 of the City Code.
Section 3. The City Manager is directed to take any and all acti• s necessary to
implement this Ordinance and spread public awareness of its effect, i luding, but not limited to,
the posting of signage in public buildings, parks, and beaches.
Section 4. If any section, part of a section, paragraph, c : use, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this • rdinance shall not be affected.
Section 5. This Ordinance shall become effective ' mediately thereafter final reading
and signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
2023
171
rri
l-T7
CD
2 T is Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
ys 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: 13959 (Revision:) Printed on: 5/10/2023