16Agenda Item No:16.
City Commission Agenda Item Report
Meeting Date: February 5, 2019
Submitted by: Zachariah Cosner
Submitting Department: City Manager
Item Type: Ordinance
Agenda Section:
Subject:
An Ordinance amending Chapter 13A, Section 13A-2 and adding Section 13A-23 concerning the regulation of
single-use carryout bags, plastic straws and single-use polystyrene containers, and providing for legislative
intent, definitions, and establishing prohibition of and penalties for the use of these items. 3/5 (Mayor Stoddard)
Suggested Action:
Attachments:
Ord. Amending ch 13A re Single Use PlasticCArev3.docx
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ORDINANCE NO: ____________1
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An Ordinance amending Chapter 13A, Section 13A-2 and adding Section 13A-233
concerning the regulation of single-use carryout bags, plastic straws and single-use 4
polystyrene containers, and providing for legislative intent, definitions, and5
establishing prohibition of and penalties for the use of these items.6
WHEREAS, the City of South Miami is committed to environmental conscientiousness 7
and leadership; and8
WHEREAS, the City of South Miami has established its will to “meet the environmental 9
challenges of our time and become a model of sustainability, resiliency, and walkability; and10
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WHEREAS,single-use plastics are not readily recyclable nor biodegradable and are not 12
accepted by the Miami-Dade County single stream recycling program, in which the City of South 13
Miami participates; and14
WHEREAS,single-use plastics take hundreds to thousands of years to degrade in the 15
environment, whereupon they fragment into smaller, non-biodegradable pieces that pose a risk to 16
both marine life and public health; and 17
WHEREAS,single-use plastics including plastic bags, plastic straws and polystyrene 18
foam food containers constitute a portion of the litter in the City’s streets, parks, public places; and19
WHEREAS,the City’s goal is to set a positive example towards the replacement of single-20
use plastic bags, plastic straws and polystyrene containers with reusable, easily recyclable or 21
compostable alternatives; and 22
WHEREAS,the City finds that there are reasonable, environmentally friendly alternatives 23
to single-use plastics; and 24
WHEREAS,the City seeks to further preserve and enhance the local environment by 25
prohibiting the use of plastic straws and the use of single-use plastic bags as well as “expanded 26
polystyrene” containers by City staff, City contractors and Special Event permittees; and 27
WHEREAS,the City finds that this Ordinance is necessary for the preservation of the 28
public health, safety, and welfare of the City’s residents and the broader environment. 29
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 30
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:31
Section 1. The above-stated recitals are true and correct and incorporated herein by this 32
reference.33
Section 2. Chapter 13A titled “Litter”, of the Code of Ordinances, City of South Miami, 34
Florida, so as to amend 13A-2 and to add a new section 13A-23 which shall read as follows:35
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Section 13A-2.Definitions.1
For the purposes of this Cchapter, the following terms, phrases, words, and their derivations 2
shall have the meaning given herein. Unless the context clearly indicates otherwise, and3
where the context so permits, singular words will be deemed to include the plural and vice 4
versa, the neuter gender will include the masculine and the feminine and vice versa, and5
When not inconsistent with the context, words used in the present tense include the future6
and past tense, as well as any other derivation, and vice versa,words used in the plural 7
number include the singular number and words used in the singular number include the 8
plural number The word "shall" is always mandatory and not merely directory.9
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(15) City Facility. “City facilities” include, but are not limited to, any building, 11
structure, park, road, street, right-of-way, or other facility owned, operated, or managed 12
by the City. 13
(16) City Property. “City property” includes, but is not limited to, any land owned, 14
operated, managed or controlled by the City of South Miami.15
(17) Special Event Permittee. “Special event permittee” means any person and their 16
subcontractor(s), who is issued a special event permit by the City for a special event on 17
City property, or in a City facility, or in the City’s right-of-way. 18
(18) City Contractor. “City contractor” means any person who has entered into an19
agreement with the City including construction contractors, vendors, lessees, licensees, 20
concessionaire, or operators of a City facility.21
(19) Polystyrene. “Polystyrene” means blown, expanded. or extruded material that is 22
thermoplastic petrochemical materials utilizing a styrene monomer and processed by 23
any number of techniques including, but not limited to, fusion of polymer spheres 24
(expandable bead foam), injection molding, foam molding, and extrusion-blown 25
molding (extruded foam polystyrene).26
(20) Reusable Carryout Bag. “Reusable Carryout Bag” means a bag that either (a) 27
displays in a highly visible manner on the bag exterior, language describing the bag's 28
ability to be reused and recycled; or (b) is constructed out of any of the following 29
materials: (i) cloth, other washable fabric, or other durable materials whether woven or 30
non-woven; (ii) plastic that is recyclable through the Miami-Dade County recycling 31
program, with a minimum thickness of 2.25 mils; or (iii) recyclable paper.32
(21) Single-use Polystyrene Container. “Single-use Polystyrene Container” means 33
plates, bowls, cups, and all similar articles that are made from polystyrene that are in 34
a foam, expanded or similar form and used as single use containers.A Single-use 35
Polystyrene Container is rebuttably presumed to be a Single-use Container and not 36
designed for food storage or for multiple use; however, the person who distributes the 37
container to the consumer may rebut the presumption by proving, by a preponderance 38
of the evidence, that the container was designed for food storage or multiple uses, and 39
is easily cleaned without damaging the container.40 3
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(22) Single-use Carryout Bag. “Single-use Carryout Bag”means any bag provided by 1
a business for the purpose of transporting goods and which is not a Reusable Carryout 2
Bag.3
(23) Compostable Carry-out Bag. “Compostable Carry-out Bag” means a bag that 4
conforms to the current ASTM D6400, and is certified and labeled as meeting ASTM 5
D6400 standard specification by a recognized verification entity and is capable of 6
undergoing biological decomposition in a compost site such that the material breaks 7
down into carbon dioxide, water, inorganic compounds and biomass at a rate consistent 8
with known compostable materials.9
(24) Plastic Straw. “Plastic Straw” means a straw or stirrer provided, sold or 10
distributed for the purpose of transferring a beverage from its container to the mouth of 11
the drinker by suction or for the purpose of mixing a beverage, and which is 12
predominantly made of plastic derived petroleum-based material, and which is not 13
intended for multiple uses.Plastic straws do not include straws that are made from non-14
plastic materials such as paper, sugar cane, bamboo, or other easily biodegradable 15
materials. 16
(25) Single-use Container. “Single-use Container” means any container that is in 17
direct contact with food or beverage and intended for transportation of such goods from 18
the place of distribution to the end user for consumption and not designed for food 19
storage or multiple use. 20
13A-23. Plastic Straws, Single-Use Plastic bags and Single Use Polystyrene Containers; 21
Prohibitions; Exceptions; Enforcement; Penalties22
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(1)Prohibition on the Use of Plastic Straws, Single-use Polystyrene Containers and 24
Single-Use Carryout Bags. City staff, City contractors, and special event permittees 25
shall not use, distribute, or provide Plastic Straws, Single-use Polystyrene Containers26
or Single-use Carryout Bags while in City facilities or on City property. This 27
prohibition shall be contained in every agreement between the City and City 28
Contractors either expressly or implicitly.29
(2)Exceptions. This Section does not apply to:30
(a) any City contractor who has entered into an agreement with the City prior to the 31
February 5, 2019.32
(b) special events permittees hosting a small private event of 100 people or less, such 33
as a birthday party or family reunion.34
(c) Single-use Polystyrene Containers used for prepackaged food that have been filled 35
and sealed prior to receipt by the City contractor.36
(d) Compostable Carryout Bags and; any bag without handles provided to a customer 37
to protect food or merchandise from being damaged or contaminated by other food 38
or merchandise when items are placed together in a compostable carry-out bag, 39
including produce bags, bags designed to be placed over articles of clothing on a 40
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hanger, door-hanger bags, pet-waste bags, garbage-bags, yard-waste bags, or bags 1
of any type that a customer previously owned and brings to a City contractor for 2
the customer’s own use in carrying away goods.3
(e) pre-packaged drinks sold at commercial establishments.4
(f) medical or dental facilities.5
(g) school district or county, state, or federal governmental entities.6
(h) where a reasonable accommodation is needed for an individual due to a medical or 7
physical condition.8
(i) federal, county, and state entities9
(3)Enforcement. This Section maybe enforced by the City's Code Enforcement Division. A 10
warning shall be given for the first offense. The City Contractor shall cease the prohibited 11
activity immediately upon receipt of the warning and such violation may be grounds for 12
placement of conditions on or denial of future agreements or for revocation of the current 13
agreement between the City and the City contractor. The enforcement of this Section shall 14
commence 90 days after the effective date of this Section. Every agreement between the 15
City and a City Contractor shall be deemed to include the provisions of this Section as if 16
they were expressly referred to or incorporated into the terms of that agreement.17
(4)Penalty.The following civil fines shall be applied for violation of this Section until 18
such time as fines for this Section are added to the City’s Schedule of Fees and Fines:19
(a) Second offense: $100 fine.20
(b) Third offense: $200 fine.21
(c) Fourth or subsequent offense: $400 fine.22
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Section 2. Codification. The provisions of this ordinance shall become and be made a 24
part of the Code of Ordinances of the City of South Miami as amended. 25
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Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is for 27
any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall 28
not affect the validity of the remaining portions of this ordinance. 29
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Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections 31
and parts of sections of ordinances in direct conflict herewith are hereby repealed. 32
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Section 5. Effective Date.This ordinance shall become effective upon enactment.34
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PASSED AND ENACTED this ____ day of _____________, 2019.36
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ATTEST:APPROVED:38
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CITY CLERK MAYOR41
1st Reading 42
2nd Reading 43
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READ AND APPROVED AS TO FORM, COMMISSION VOTE:45
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LANGUAGE, LEGALITY AND Mayor Stoddard:1
EXECUTION THEREOF Vice Mayor Harris:2
Commissioner Welsh:3
Commissioner Liebman:4
_______________________Commissioner Gil:5
CITY ATTORNEY6
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