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try Ordinance 13681
File Number: 1940
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 5/25/2017
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
38/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), ENTITLED "PARKS AND RECREATION/USE
REGULATIONS", BY CREATING A NEW SECTION 38-78, ENTITLED
"PROHIBITIONS REGARDING EXPANDED POLYSTYRENE PRODUCT(S) IN
CITY PARKS AND RECREATION FACILITY/FACILITIES, INCLUDING BEACHES
THEREIN"; ADDITIONALLY, AMENDING CHAPTER 38/ARTICLE VI OF THE
CITY CODE, ENTITLED "HISTORIC VIRGINIA KEY BEACH PARK", BY
CREATING A NEW SECTION 38-248, ENTITLED "ESTABLISHING AN
ENVIRONMENTAL EDUCATION ZONE IN CONNECTION WITH PROHIBITIONS
ON POLYSTYRENE PRODUCT(S) IN HISTORIC VIRGINIA KEY BEACH PARK";
CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, polystyrene is a petroleum-based plastic commonly known as "Styrofoam",
which is actually the proprietary trade name of a polystyrene foam product; and
WHEREAS, polystyrene containers are detrimental to the environment because they do
not fully degrade, introduce unsafe chemicals into the environment, create hazards for land and
marine animals due to ingestion, and create impediments to waste reduction and recycling
goals, while creating unsightly litter; and
WHEREAS, Section 500.90, Florida Statutes, provides that the regulation of the use and
sale of polystyrene products by local governments is preempted by the State of Florida ("State")
and is to be solely regulated by the Department of Agriculture and Consumer Services
("DACS"), but provides exceptions that preemption regulation by DACS does not apply to "limit
the authority of a local government to restrict the use of polystyrene by individuals on public
property, temporary vendors on public property, or entities engaged in a contractual relationship
with the local government for the provision of goods or services, unless such use is otherwise
preempted by law"; and
WHEREAS, the City of Miami ("City") owns, operates, manages, and strives to preserve
the positive environmental qualities of numerous parks and recreation facilities, including
beaches therein, which are important to the public health, safety, welfare, and economy of the
City and the surrounding communities; and
WHEREAS, the City desires to further preserve the positive environmental qualities of its
parks and recreation facilities, including its beaches therein, by encouraging the use of
reusable, recyclable, or compostable alternatives to polystyrene containers; and
WHEREAS, the City's Department of Parks and Recreation ("Department') and the
Parks and Recreation Advisory Board ("Parks and Recreation Advisory Board") have
recommended that the City Commission adopt an ordinance banning polystyrene products in all
City -owned parks and recreation facilities, including its beaches therein; and
City of Miami Page 1 of 6 File ID: 1940 (Revision: A) Printed On: 9/19/2017
File ID: 1940 Enactment Number: 13681
WHEREAS, the City's Virginia Key Beach Park Trust ("Trust") supports inclusion of the
Historic Virginia Key Beach Park in an ordinance banning polystyrene products and supports
inclusion of the Trust, its Executive Director, and Staff to work with the City's Administration in
related environmental educational efforts for visitors to Historic Virginia Key Beach Park; and
WHEREAS, the City's Virginia Key Advisory Board, at its public meeting on April 25,
2017, concurred with the recommendation of the Parks and Recreation Advisory Board
regarding banning polystyrene products at City -owned parks and recreation facilities, including
its beaches therein; and
WHEREAS, the members present at the May 9, 2017 workshop presentation to the
Waterfront Advisory Board provided positive input and valuable ideas for community
environmental education and future compliance measures; and
WHEREAS, the City's Office of Resilience and Sustainability concurs with the
recommendation of the Parks and Recreation Advisory Board regarding banning polystyrene
products at City -owned parks and recreation facilities, including its beaches therein; and
WHEREAS, the City Commission takes legislative notice and due consideration of the
following applicable data and materials: Village of Bal Harbour Ordinance No. 577; Town of Bay
Harbor Islands Ordinance No. 518; City of Coral Gables Ordinance Nos. 2016-08 and 2016-38;
Village of Key Biscayne Ordinance No. 2014-10; City of Miami Beach Ordinance Nos. 2014-
3884 and 2015-3962; Village of North Bay Village Ordinance Nos. 2009-05, 2015-003, and
2016-001; City of South Miami Resolution No. 231-16-14786; Town of Surfside Ordinance No.
1630; Miami -Dade County Report and Directive No. 161838, Ordinance No. 16-58, and
Resolution No. R-501-16; and State of Florida House of Representatives, Final Bill Analysis,
CS/CS/HB 707, 1St. Sess. at 5,6 (2016), Florida Statutes Section 403.413 (Florida Litter Law);
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and finding contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 38/Article II of the City Code, entitled "Parks and Recreation/Use
Regulations", is amended in the following particulars:'
"CHAPTER 38
PARKS AND RECREATION
ARTICLE II. USE REGULATIONS
' 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 6 File ID: 1940 (Revision: A) Printed on: 9/19/2017
File ID: 1940 Enactment Number: 13681
Sec. 38-78. Prohibitions regarding Expanded Polystyrene Products in City Parks and
Recreation Facility/Facilities, Including Beaches Therein.
(a) Legislative Intent. The City owns, operates, manages, and strives to preserve the
positive environmental qualities of numerous City Parks and Recreation
Facility/Facilities, Including Beaches Therein, which are important to the public health,
safety, welfare, and economy of the City and the surrounding communities. Additionally,
the City desires to further preserve the positive environmental qualities of its City Parks
and Recreation Facility/Facilities, Including its Beaches Therein, by encouraging the use
of reusable, recyclable, and compostable alternatives to Polystyrene containers.
Definitions. For purposes of this Section only, the following definitions shall apply:
(1) "City Contractor" means a contractor, vendor, lessee, user, licensee, concessionaire,
manager, operator, subcontractor, sub -vendor, sub -lessee, additional user, sub -user,
sub -licensee, sub -concessionaire, sub -manager, or sub -operator of a City Parks and
Recreation Facility/Facilities, Including Beaches Therein, including any of the same
with Virginia Key Beach Park Trust.
(2) "City Contractor(s) Currently Under Contract" means a City Contractor currently
under contract with the City or with Virginia Key Beach Park Trust on the effective
date of this Section.
(3) "City Parks and Recreation Facility/Facilities, Including Beaches Therein" means any
land, building, structure, pavilion, gazebo, hut, park, playground, open space,
greenway, bikeway, trail, golf course, playing field, recreation field, beach, picnic
area, concession stand, kitchen area, outdoor grill area, museum, auditorium, range,
natural area, forrest, preserve, hammock, lake, stream, canal, lagoon, waterway,
swimming pool, splash pool, splash area, restroom, public service facility,
maintenance facility, storage facility, and grounds owned, operated, or managed by
or under the control of or assigned for upkeep, maintenance, or operation by (i) the
City and all related air rights owned, operated, or managed by the City, or (ii) the
Virginia Key Beach Park Trust and all related air rights owned, operated, or managed
by the Virginia Key Beach Park Trust.
(4) "Expanded Polystyrene" means blown Polystyrene and expanded and extruded
foams that are thermoplastic petrochemical materials utilizing a styrene monomer
and processed by any number of techniques including, but not limited to, fusion of
Polymer spheres (expandable bead foam), infection molding, foam molding, and
extrusion -blown molding (extruded foam polystyrene).
(5) "Expanded Polystyrene Product(s)" means signs, boards, containers, plates, bowls,
cups, lids, trays, coolers, ice chests, food containers, and all similar articles that
consist of Expanded Polystyrene.
(6) "Polystyrene" means a polymer of styrene, especially a rigid transparent
thermoplastic that has good physical and electrical insulating properties and
is used especially in molded Droducts. foams. and sheet materials.
(7) "Special Event Permittee" means any person or entity issued a special event permit
by (i) the City for a special event in any City Parks and Recreation Facility/Facilities,
Including Beaches Therein, or (ii) the Virginia Key Beach Park Trust for a special
City of Miami Page 3 of 6 File ID: 1940 (Revision: A) Printed on: 9/19/2017
File ID: 1940
Enactment Number: 13681
event in Historic Virginia Key Beach parks and recreation facility/facilities, including
beaches therein.
(c) Prohibitions Effective July 1, 2017; Twelve (12) Month Temporary Grace Period for City
Contractors Currently Under Contract.
(1) It shall be unlawful for any person or any Special Event Permittee to use, offer the
use of, carry, place, sell, distribute, provide, provide food or drink in, or discard any
Expanded Polystyrene Product(s) in any City Parks and Recreation Facility/Facilities,
Including Beaches Therein. These prohibitions also apply to Historic Virginia Key
Beach Park.
(2) It shall be unlawful for any City Contractor to use, offer the use of, carry, place, sell,
distribute, provide, provide food or drink in, or discard any Expanded Polystyrene
Product(s) in any City Parks and Recreation Facility/Facilities, Including Beaches
Therein. A violation of this Section shall be deemed a default under the terms of the
City contract, vending agreement, lease, use agreement, revocable license,
concession agreement, management agreement, or operating agreement. Any City
contract, lease, use agreement, revocable license, concession agreement,
management agreement, or operating agreement entered into prior to the effective
date of this Section shall not be subject to the requirements of this Section until
twelve 02) months after such effective date. Nothing prohibits such City
Contractor(s) Currently Under Contract from voluntarily agreeing in writing to comply
with this Section on an earlier date and voluntarily foregoing the twelve (12) month
temporary grace period.
Delegation of Authority for Enforcement; Penalties.
(1) The City Manager is hereby delegated and shall have the full authority of the City
Commission to promulgate rules and regulations to enforce and administer the
provisions of this Section. Additionally, the City Manager and the Executive Director
of the Virginia Key Beach Park Trust shall work together to promulgate rules and
regulations to enforce and administer the provisions of this Section 38-78 and
Section 38-248 of the City Code in Historic Virginia Key Beach Park.
(2) Any person or City Contractor violating any provision of this Section shall, upon
conviction, be punished by a fine not to exceed fifty dollars ($50.00). This Section
shall be enforced against the violator under the provisions of Chapter 2, Article X of
this Code, and any other remedies as provided by law including, but not limited to, an
action for injunctive relief in the Circuit Court. The use of one (1) remedy shall not
preclude the use of another.
(3) Notwithstanding provisions of (1) and (2) above, a fine of one hundred dollars
($100.00) per violation may be imposed for violations of the provisions of this Section
38-78 of the City Code if the violation is irreparable or irreversible in nature. In
determining the amount of the fine, if any, the City shall consider the following
factors: (i) the gravity of the violation; (ii) any actions taken by the violator to correct
the violation: and (iii) anv arevious violations committed by the violator.
(4) A violation of this Section 38-78 shall constitute a City Code violation and may result
in the revocation of the special events permit and fines, and may be grounds for the
placement of conditions upon or for denial of one or more future special events
City of Miami Page 4 of 6 File ID: 1940 (Revision: A) Printed on: 9/19/2017
File ID: 1940
Enactment Number: 13681
permits. Nothing herein, including penalties for violation, shall be construed to be in
conflict with the provisions of F.S. � 403.413, as may be amended or revised from
time to time. Dertainina to the Florida Litter Law.
ARTICLE VI. VIRGINIA KEY BEACH PARK TRUST
Sec. 38-248. Establishing an Environmental Education Zone in connection with prohibitions
regarding Expanded Polystyrene Products in Historic Virginia Key Beach Park.
(a) Legislative Intent. The City owns and the Virginia Key Beach Park Trust operates,
manages, and strives to preserve the positive environmental qualities of Historic Virginia
Key Beach Park, including its recreation facilities, open spaces, trails, parking facilities,
bath houses, concession facilities, other amenities, and beaches therein, which are
important to the public health, safety, welfare, and economy of the City and the
surrounding communities. The City and the Virginia Key Beach Park Trust desire to
further preserve the positive environmental qualities of its parks and recreation facilities,
including its beaches therein, by encouraging the use of reusable, recyclable, or
compostable alternatives to polystyrene containers.
Chapter 38-78 of the Code shall apply to Historic Virginia Key Beach Park and the City
Manager and the Executive Director of the Virginia Key Beach Park Trust shall work
together to promulgate rules and regulations to enforce and administer the provisions of
Section 38-78 and this Section 38-248 of the Code.
(c) An upland "Environmental Education Zone" is hereby established throughout Historic
Virginia Key Beach Park to facilitate the education of visitors regarding environmental
considerations and the prohibitions regarding Expanded Polystyrene Products and to
encourage the use of reusable, recyclable, or compostable alternatives to Polystyrene
containers. The City Manager, the Virginia Key Beach Park Trustees, and the Executive
Director of the Virginia Key Beach Park Trust shall work together to develop educational
programs and projects for the Environmental Education Zone.
*„
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 as specified herein on July 1, 2017,
after its adoption 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.
City of Miami Page 5 of 6 File ID: 1940 (Revision: A) Printed on: 9/19/2017
File ID: 1940
APPROVED AS TO FORM AND CORRECTNESS:
Barnaby L. Min, Deputy City Attorney 51412017
Enactment Number: 13681
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City of Miami Page 6 of 6 File ID: 1940 (Revision: A) Printed on: 911912017