O-2020-04ORDINANCE NO. 2020 -04
AN ORDINANCE OF THE VILLAGE COUNCIL, OF MIAMI SHORES
VILLAGE, FLORIDA, AMENDING THE MIAMI SHORES VILLAGE
CODE, CHAPTER 15, ARTICLE II, BY REVISING VILLAGE CODE
SECTION 15 -13 PROVIDING FOR DEFINITION, BY REVISING VILLAGE
CODE SECTION 15 -14 PROVIDING FOR THE PROHIBITION OF
SINGLE -USE PLASTIC WATER BOTTLES IN ANY VILLAGE FACILITY
OR ON VILLAGE PROPERTY, BY REVISING THE VILLAGE CODE
SECTION 15 -15 PROVIDING FOR ENFORCEMENT AND PENALTIES,
BY REVISING SECTION 15 -16 PROVIDING FOR RIGHTS OF
VIOLATORS; PAYMENT OF FINES; RIGHT TO APPEAL; FAILURE
TO PAY CIVIL FINE OR TO APPEAL, AND PROVIDING FOR AN
EFFECTIVE DATE.
17 WHEREAS, Miami Shores Village is committed to environmental
1s conscientiousness, and declares that it is in the best interest of the public health, safety,
19 and welfare of its residents and visitors to reduce litter and pollutants on the land and in
20 the waters of Miami Shores Village; and
21 WHEREAS, discarded Single -Use Plastic Water Bottles (as defined in this
22 Ordinance) contributes to overburdened landfills, threatens wildlife and marine life, and
23 degrades and litters the land and waters off of Florida's coast, which include areas within
24 Miami Shores Village; and
25 WHEREAS, Single -Use Plastic Water Bottles are not fully biodegradable, and can
26 take hundreds of years to degrade; and
27 WHEREAS, while single use bottles made of Plastic #1 (PET) and Plastic #2
28 (HDPE) are recyclable, and the Village encourages such recycling and provides bins for
29 such recycling, many such bottles, for whatever reason, are not recycled;
30 WHEREAS, Single -Use Plastic Water Bottles constitutes a portion of the litter in
31 Miami Shores Village's streets, parks, public places, and waterways; and
32 WHEREAS, the sale and distribution of such Single -Use Plastic Water Bottles has
33 a detrimental effect on Miami Shores Village's environment, and that of surrounding
34 jurisdictions; and
35 WHEREAS, as an environmental leader among local governments in the State of
36 Florida, a goal of Miami Shores Village is to replace Single -Use Plastic Water Bottles with
37 reusable alternatives whenever possible; and
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WHEREAS, this Ordinance provides for a 120 -day implementation period (where
only written warnings will be issued for violations of this Ordinance) allowing Miami Shores
Village Contractors, to transition to reusable alternatives; and
WHEREAS, the Miami Shores Village Council finds that there are reasonable,
environmentally - friendly alternatives to Single -Use Plastic Water Bottles; and
6 WHEREAS, the Miami Shores Village Council finds that this Ordinance is necessary
7 for the preservation of our environment and the public health, safety, and welfare of Miami
8 Shores Village residents and visitors and future generations.
9 WHEREAS, in connection with certain communications with industry
10 representatives regarding the application and enforcement of the Single -Use Plastic Water
11 Bottle ordinance (Village Code Chapter 15, Article ll) the industry recommended that the
12 Village consider certain revisions to the provisions of such ordinance in order to clarify the
13 language and make more clear the intent of such ordinance; and
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15 WHEREAS, the Village Council appreciates such suggestions from the industry
16 representatives and finds the changes set forth in this Ordinance to be in the best interests
17 of the Village;
18 NOW, THEREFORE, BE IT ENACTED BY THE VILLAGE COUNCIL OF MIAMI
19 SHORES VILLAGE, FLORIDA, that:
20 Section 1. Recitals Adopted. That each of the above stated recitals is hereby
21 adopted and confirmed.
22 Section 2. Amendment to Sec. 15 -13. The following provisions of Sec 15 -13 of
23 the Miami Shores Village Code of Ordinances shall be amended as follows:
24 Single -Use Plastic ;:a _ Water Bottles:
25 in a sealed sealed Rigid Plasti c Bettie Bottles serving as the original container for
26 drinking water.
27 Village- Located Event: Any gathering held on Village Property, including a
28 Village Facility, and subject to a Village permit. Any event regardless of specific
29 location, but held within the Village, which enjoys substantial Village sponsorship or
30 funding shall be considered a Village- Located Event. These rests Gt,ens are ^mot
31 orl }n nr�vil�i }� /illy C }roots Rd. iddeew II nvron} }AG }F, + + id 11
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32 r»rL 9F a Village FaE;ili }v - -
33 Section 3. Amendment to Sec. 15 -14. Sec. 15- 14(1), Sec. 15- 14(2), and Sec.
34 15 -14(3) of the Miami Shores Village Code of Ordinances shall be amended as follows:
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1 (1) Intent. Single -Use Plastic Bettled Water GGRtaiReFe Bottles are eelther
2 readily Teo a,�ie R-or not biodegradable, and can take hundreds of years to
3 degrade. The intent of this Section is to reduce litter and pollutants impacting
4 the Village land and the waters by reducing Single -Use Plastic Betted Water
5 Bottle usage and replacing it with reusable alternatives.
6 (2) Single -Use Plastic Bettled Water Bottles; Prohibitions
7 (a) Single -Use Plastic Bettled Water Bottles, as defined in Section
8 15 -13, shall not be used, sold, provided, or distributed on Village
9 Property or as part of a Miami Shore Village- approved activity or
10 Village- Located Event, whether private or public.
11 (b) Village Contractors, Village Permittees, and Temporary Vendors
12 shall not sell, use, or offer Single -Use Plastic Bettl&d Water Bottles in
13 Village Facilities or on Village Property. The provisions of this Section
14 shall be deemed incorporated into all contracts, leases, or concession
15 agreements for Village Contractors, Village Permittees, and
16 Temporary Vendors entered into after the effective date of this
17 Ordinance, and may be incorporated by reference via requiring
18 compliance with all laws, rules, and ordinances. A violation of this
19 Section shall be deemed a material default under the terms of the
20 contract, lease, or concession agreement and shall be grounds for
21 revocation of a special events permit.
22 (3) Exceptions. Although the discontinuation of the use of Single -Use
23 Plastic Bettled Water Bottles is strongly encouraged by the Village
24 Council, this Article shall not apply to:
25 (a) Any Miami Shores Village contract, lease, or concession agreement
26 entered into prior to the effective date of this Section nor any
27 temporary permit issued prior to the effective date of this Section,
28 unless the Village Contractor, Village Permittee, or Temporary Vendor
29 agrees to be subject thereto.
30
31 (b) Where a reasonable accommodation is needed by an individual due
32 to a medical or physical condition, or a religious belief.
33
34 (c) Where the Village Manager finds that relying on Single -Use Plastic
35 Beth Water is Bottles is necessary in a given situation to protect the
36 public health, safety, and welfare, and no reasonable alternative to
37 Single -Use Plastic Rettztled Water Bottles will serve the same purpose.
38
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1 (d) Use, sale, or distribution of Single -Use Plastic iBettled Water Bottles
2 occurring subsequent to a declaration (by the Mayor or other duly
3 authorized Village, County, State, or Federal official) of an emergency
4 covering the Village, and affecting the availability and /or quality of
5 drinking water to residents of the Village (however, this exemption
6 shall expire seven days after such declaration has expired or ended).
7
8 (e) Use of Single -Use Plastic Water Bottles on Miami Shores Village
9 streets and Miami Shores Village sidewalks, unless adjacent to a
10 Village Facility or a Village Located Event.
11
12 (f) Distribution or transportation of Single -Use Plastic Water Bottles over
13 any street in Miami Shores Village in the ordinary course of business.
14
15 Section 4. Amendment to Sec. 15 -15. Sec 15 -15(1) and Sec. 15 -15(2) of
16 the Miami Shores Village Code of Ordinances shall be amended as follows:
17 (1) Following adoption of this Ordinance, the Village shall engage in public
18 education efforts to inform the public and users of Village Facilities and
19 Village Properties of the provisions of this Article and to provide
20 assistance with identifying alternatives to Single -Use Plastic wed
21 Water Bottles.
22 (2) Beginning upon this Ordinance becoming effective, the Miami Shores
23 Village Code Compliance Department shall begin a 120 -day period of
24 providing written warnings for any noted violations of this Article in lieu of
25 any other enforcement penalties hereunder. Thereafter, the Miami
26 Shores Village Code Compliance Department may fully enforce all
27 provisions of this Article.
28
29 Section 5. Amendment to Sec. 15 -16. Sec 15 -16(3) of the Miami Shores Village
30 Code of Ordinances shall be amended as follows:
31
32 (3) The Village may revoke or cancel any special event or temporary use permit for
33 non - compliance with this Article, and may use past non - compliance as grounds for
34 not renewing or re- issuing a permit.
35
36 Section 6. All previously adopted provisions of Miami Shores Village Code
37 Chapter 15, Article II, not expressly amended herein shall remain as originally enacted.
38
39 Section 7. Conflicting Provisions. Any provisions of the Code of Ordinances of
40 Miami Shores Village, Florida in conflict with the provisions of this Ordinance are hereby
41 repealed, but only to the extent of such conflict.
42
43 Section 8. Severability. The provisions of this Ordinance are declared to be
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severable, and if any sentence, section, clause or phrase of this Ordinance shall, for any
reason, be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sentences, sections, clauses or phrases of the Ordinance, but they shall
remain in effect it being the legislative intent that this Ordinance shall stand notwithstanding
the invalidity of any part.
Section 9. Codification. It is the intention of the Miami Shores Village Council
that the provisions of this Ordinance shall become and be made part of the Code of
Ordinances of the Miami Shores Village, Florida, that sections of this Ordinance may be
renumbered or re- lettered to accomplish such intentions, and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
Section 10. Effective Date. This Ordinance shall take effect immediately upon
adoption on second reading
PASSED and ENACTED this 5T" day of May, 2020.
First Reading: April 21, 2020,
Second Reading: May 5, 2020.
ATTEST: ,
�a.
-f z
Ysabely Rodri u
-Village be
'A, PPROVED A&7O FORM:
Richard Sarafan
Village Attorney
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