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File ID: #19457
Ordinance
Sponsored by: Rolando Escalona, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 37 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"),
TITLED "OFFENSES -MISCELLANEOUS," MORE PARTICULARLY BY AMENDING
SECTION 37-16 OF THE CITY CODE, TITLED "ENCAMPMENTS ON PUBLIC
PROPERTY PROHIBITED," PROVIDING FOR REVISED PROCEDURES OF
ENFORCEMENT OF VIOLATIONS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
City of Miami File ID: 19457 (Revision: A) Printed On: 8/13/2026
City of Miami
Legislation
Ordinance
Enactment Number: 14486
File Number: 19457 Final Action Date: 7/23/2026
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 37 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"),
TITLED "OFFENSES -MISCELLANEOUS," MORE PARTICULARLY BY AMENDING
SECTION 37-16 OF THE CITY CODE, TITLED "ENCAMPMENTS ON PUBLIC
PROPERTY PROHIBITED," PROVIDING FOR REVISED PROCEDURES OF
ENFORCEMENT OF VIOLATIONS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Miami ("City") owns or maintains public properties that have
associated outdoor areas including but not limited to parking areas, greenspaces, lawns,
landscaping, terraces, outdoor walkways, courtyards, and similar facilities which are generally
open to the public but are not suitable for overnight use for encampments ("public places"); and
WHEREAS, the public places exist for the purpose of facilitating ingress and egress to
all buildings and facilities and maintaining attractive and welcoming exteriors to be enjoyed by
all members of the public; and
WHEREAS, the unauthorized use of public places for sleeping or camping where the
public places are neither intended for nor designed as a camp site, campground, site for
temporary human habitation, or sleeping tends to impair, obstruct, or otherwise detract from the
use for the Properties' intended purpose; and
WHEREAS, the act of unauthorized camping on public places tends to endanger the
health, safety, and wellbeing of those engaged in such camping as well as the public at large;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings found in the Preamble of this Ordinance are adopted
by reference and incorporated as fully set forth in this Section.
Section 2. Chapter 37 of the Code of the City of Miami, Florida, as amended, titled
"Offenses -Miscellaneous," is hereby amended in the following particulars:1
"CHAPTER 37
OFFENSES -MISCELLANEOUS
Sec. 37-16. Encampments on public property prohibited.
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 File ID: 19457 (Revision: A) Printed On: 8/13/2026
(a) Definitions. Unless the particular provisions or the context otherwise requires, the
definitions contained in this section shall govern the construction, meaning, and
application of words and phrases used in this chapter.
Code inspector means the authorized agent or employee of the city so designated in chapter
2, article X of the City Code whose duty it is to ensure Code compliance.
Encampment means any one or more of the following:
(1) The unauthorized use of fabric, metal, cardboard, or other materials as a tent or other
temporary structure for living accommodation purposes or human habitation;
(2) The unauthorized use of a bed mattress or bedroll in a public place;
(3) The unauthorized use of a heating device in an area; or
(4) The unauthorized accumulation of personal property (other than durable medical
equipment) that would not fit in a container three feet (3') high, three feet (3') wide, and
three feet (3') deep.
Department means the department of human services.
Durable medical equipment means equipment customarily used for medical purposes, able to
withstand repeated use, and generally not useful to a person in the absence of illness or injury.
Non-exclusive examples of such equipment include wheelchairs, canes, crutches, and portable
oxygen tanks.
Heating device means a camp stove, grill, heater, or other container or device capable of
generating or containing an open flame.
Police officer means a law enforcement officer as defined in Section 943.10(1), Florida
Statutes, as amended.
Public place means an outdoor area owned, managed or controlled by the city to which the
public has access, including but not limited to public rights -of -way, parks, streets, sidewalks,
hiking and biking trails, transit facilities, underpasses, and parking lots.
(b) Prohibitions:
(1) Maintaining an Eencampment in a public place in the city is unlawful.
(2) Any person who violates this section shall be punished as provided in section 1-13 of
the Code or as a civil violation as set forth in chapter 2, article X of the Code.
(c) Procedure for enforcement.
(1) A police officer or code inspector may issue a citation for a arrest a person in violation of
this Article section if prior to -suing the citation the arrest:
a. The police officer or codc inspcctor has tcndcrcd a writtcn warning to the
prohibition against encampments may result in the i-nuance of a citation to the person
or in the person's arrest; and The police officer has encountered a person engaged in
maintaining an encampment in a public place in the city and has refused the
opportunity to voluntarily enter a shelter, shelter bed, or similar facility within Miami -
Dade County, or to accept other available government assistance by the department
that would result in housing, including, but not limited to, mutually consensual
reunification with family or friends in any location, or consensual placement in any
other appropriate facility that provides housing within Miami -Dade County.
City of Miami File ID: 19457 (Revision: A) Printed On: 8/13/2026
b. The police officer or code inspector has provided a reasonable time for the person to
pick up his or her belongings and comply with the prohibition, yet the person has not
complied. An arrest may not be made if the police officer has verified that a shelter bed
or other available government assistance that would result in immediate housing is not
available.
c.The written warning required by subsection (c)(1)(i) may be accompanied by written
information regarding the availability of medical treatment (including mental health
treatment) or social services (including temporary shelter or drug or alcohol
rehabilitation). Notwithstanding the foregoing, nothing herein shall be construed to
prevent or otherwise prohibit a police officer from arresting a person in violation of this
section who is ineligible for shelter placement for any reason including, but not limited
to: such person being under the influence of alcohol or drugs; such person having
been previously banned from the available shelter; such person's status as a sexual
offender, sexual predator, or domestic violence offender; or any other past or present
conduct rendering such person ineligible for placement in a shelter.
24 police office- magi arrestor pe-son fora viola�n of sAr le section if prior to the
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arrest:In the event of an arrest pursuant to this section, the police officer and the
Department will follow the established city policies for the handling and storage of the
person's property.
a. The policc officcr has tendered the written warning required by subsection (c)(1)a. of
[this section] and has provided a reasonable time for the person to pick up his or her
belongings and comply with the prohibition, yet the person has not complied;
b. The police officer has verified that there is an available shelter bed for the person and
the person has refs ised the offer of shelter• anrd
c. In the event of an arrest pursuant to this scction, the policc officcr and thc
department will follow the established city policics for the handling and storage of thc
person's property.
(3) Prior to the enforcement of the provisions in subsections (c)(1)a.- c., a police officer shall
issue a verbal warning to a person maintaining an encampment in violation of this section
to inform that a failure to comply with the city's prohibition against encampments may
result in the person's arrest and provide a reasonable amount of time for the person to
abate his or her encampment.
*11
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 ten (10) days after final reading and
adoption thereof.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.
City of Miami File ID: 19457 (Revision: A) Printed On: 8/13/2026
APPROVED AS TO FORM AND CORRECTNESS:
g III, C y'IPE[ttorey J 612912026
City of Miami File ID: 19457 (Revision: A) Printed On: 8/13/2026