Ord No 03-19-2316ORDINANCE NO: 0 3 -19 - 2 316
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.
WHEREAS, the City of South Miami is committed to environmental conscientiousness
and leadership; and
WHEREAS, the City of South Miami has established its will to "meet the environmental
challenges of our time and become a model of sustainability, resiliency, and walkability; and
WHEREAS, single -use plastics are not readily recyclable nor biodegradable and are not
accepted by the Miami -Dade County single stream recycling program, in which the City of South
Miami participates; and
WHEREAS, single -use plastics take hundreds to thousands of years to degrade in the
environment, whereupon they fragment into smaller, non -biodegradable pieces that pose a risk to
both marine life and public health; and
WHEREAS, single -use plastics including plastic bags, plastic straws and polystyrene
foam food containers constitute a portion of the litter in the City's streets, parks, public places; and
WHEREAS, the City's goal is to set a positive example towards the replacement of single -
use plastic bags, plastic straws and polystyrene containers with reusable, easily recyclable or
compostable alternatives; and
WHEREAS, the City finds that there are reasonable, environmentally friendly alternatives
to single -use plastics; and
WHEREAS, the City seeks to further preserve and enhance the local environment by
prohibiting the use of plastic straws and the use of single -use plastic bags as well as "expanded
polystyrene" containers by City staff, City contractors and Special Event permittees; and
WHEREAS, the City finds that this Ordinance is necessary for the preservation of the
public health, safety, and welfare of the City's residents and the broader environment.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The above -stated recitals are true and correct and incorporated herein by this
reference.
Section 2. Chapter 13A titled "Litter", of the Code of Ordinances, City of South Miami,
Florida, so as to amend 13A-2 and to add a new section 13A-23 which shall read as follows:
Page 1 of 5
Ordinance No. 03-19-2316
Section 13A-2. Definitions.
For the purposes of this Cehapter, the following terms, phrases, words, and their derivations
shall have the meaning given herein. Unless the context clearly indicates otherwise, and
where the context so permits, singular words will be deemed to include the plural and vice
versa, the neuter gender will include the masculine and the feminine and vice versa, and
When not inee sis4entv4th the eentext, words used in the present tense include the future
and past tense, as well as any other derivation, and vice veLs4,werrds used in the Plwmal
number- inelude- t-he R-iffiTular- number and words used in �he singulaf: number- inelude the
P.1fl—w—Al numbef: The wefd "sha4l" is always mandatory and net yyyyy � ei.�,,.
T T T
(15) Ci , Facility. "City facilities" include, but are not limited to, any building,
structure, park, road, street, right-of-way, or other facility owned, operated, or managed
by the City.
(16) City Property. "City property" includes, but is not limited to, any land owned,
operated, managed or controlled by the City of South Miami.
(17) Special Event Permittee. "Special event permittee" means any person and their
subcontractor(s), who is issued a special event permit by the City for a special event on
City property, or in a City facility, or in the City's right-of-way.
(18) City Contractor. "City contractor" means any person who has entered into an
agreement with the City including construction contractors, vendors, lessees, licensees,
concessionaire, or operators of a City facility.
(19)Polystyrene. "Polystyrene" means blown, expanded. or extruded material that is
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), injection molding, foam molding, and extrusion -blown
molding (extruded foam polystyrene).
(20) Reusable Carryout Bag. "Reusable Carryout Bag" means a bag that either (a)
displays in a highly visible manner on the bag exterior, language describing the bag's
ability to be reused and recycled; or b) is constructed out of any of the following
materials: (i) cloth, other washable fabric, or other durable materials whether woven or
non -woven; (ii) plastic that is recyclable through the Miami -Dade County recycling
program, with a minimum thickness of 2.25 mils; or (iii) recyclable paper.
(21) Single -use Polystyrene Container. "Single -use Polystyrene Container" means
plates, bowls, cups, and all similar articles that are made from polystyrene that are in
a foam, expanded or similar form and used as single use containers. A Single -use
Polslyrene Container is rebuttably presumed to be a Single -use Container and not
designed for food storage or for multiple use; however, the person who distributes the
container to the consumer may rebut the presumption b. proving, by preponderance
of the evidence, that the container was designed for food storage or multiple uses, and
is easily cleaned without damaging the container.
Page 2 of 5
Ordinance No. 03-19-2316
(22) Single -use Carryout Bag. "Single -use Carryout Bag" means any bag provided by
a business for the purpose of transporting goods and which is not a Reusable Carryout
Bag.
(23) Compostable Carry -out Bag. "Compostable Carry -out Bag" means a bag that
conforms to the current ASTM D6400, and is certified and labeled as meeting ASTM
D6400 standard specification by a recognized verification entity and is capable of
undergoing biological decomposition in a compost site such that the material breaks
down into carbon dioxide, water, inorganic compounds and biomass at a rate consistent
with known compostable materials.
(24) Plastic Straw. "Plastic Straw" means a straw or stirrer provided, sold or
distributed for the purpose of transferring a beverage from its container to the mouth of
the drinker by suction or for the purpose of mixing a beverage, and which is
predominantly made of plastic derived petroleum -based material, and which is not
intended for multiple uses. Plastic straws do not include straws that are made from non -
plastic materials such as paper, sugar cane, bamboo, or other easily biodegradable
materials.
(25) Single -use Container. "Single -use Container" means any container that is in
direct contact with food or beverage and intended for transportation of such goods from
the place of distribution to the end user for consumption and not designed for food
storage or multiple use.
13A-23. Plastic Straws, Single -Use Plastic bags and Single Use Polystyrene Containers;
Prohibitions; Exceptions; Enforcement; Penalties
(1) Prohibition on the Use of Plastic Straws, Single -use Polystyrene Containers and
Single -Use Carryout Bags. City staff, City contractors, and special event permittees
shall not use, distribute, or provide Plastic Straws, Single -use Polystyrene Containers
or Single -use Carryout Bags while in City facilities or on City property. This
prohibition shall be contained in every agreement between the City and City
Contractors either expressly or implicitly.
() Exceptions. This Section does not applyto:
(a) any City contractor who has entered into an agreement with the City_prior to the
February 5, 2019.
(b) special events permittees hosting a small private event of 100 people or less, such
as a birthday party or family reunion.
(c) Single -use Polystyrene Containers used for prepackaged food that have been filled
and sealed prior to receipt by the City contractor.
(d) Compostable Carryout Bags and; any bag without handles provided to a customer
to protect food or merchandise from being damaged or contaminated by other food
or merchandise when items are placed together in a compostable carry -out bag,
including_ produce bags, bags designed to be placed over articles of clothing on a
Page 3 of 5
Ordinance No. 03-19-2316
hanger, door-haneg r bags, pet -waste bags, garbage -bags, yard -waste bags, or bags
of any type that a customer previously owned and brings to a City contractor for
the customer's own use in carving away goods.
(e) pre -packaged drinks sold at commercial establishments.
(f) medical or dental facilities.
(g) school district or county, state, or federal governmental entities.
(h) where a reasonable accommodation is needed for an individual due to a medical or
physical condition.
(i) federal, county, and state entities
(3) Enforcement. This Section may be enforced by the Citv's Code Enforcement Division. A
warning shall be given for the first offense. The City Contractor shall cease the prohibited
activity immediately upon receipt of the warning and such violation may be grounds for
placement of conditions on or denial of future agreements or for revocation of the current
agreement between the City and the City contractor. The enforcement of this Section shall
commence 90 days after the effective date of this Section. Every agreement between the
City and a City Contractor shall be deemed to include the provisions of this Section as if
they were expressly referred to or incorporated into the terms of that agreement.
(4) Penalty. The following civil fines shall be applied for violation of this Section until
such time as fines for this Section are added to the City's Schedule of Fees and Fines:
(a) Second offense: $100 fine.
(b) Third offense: $200 fine.
(c) Fourth or subsequent offense: $400 fine.
Section 2. Codification. The provisions of this ordinance shall become and be made a
part of the Code of Ordinances of the City of South Miami as amended.
Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall
not affect the validity of the remaining portions of this ordinance.
Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections
and parts of sections of ordinances in direct conflict herewith are hereby repealed.
Section 5. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this26th day of February 2019.
ATTEST: APPROVED:
i Q lI Q
CITY C ERK MA COR
I" Reading: 2/5/19
2"d Reading: 2/26/19
Page 4 of 5
Ordinance No. 03-19-2316
READ AND APPROVED AS TO FORM,
Page 5 of 5
COMMISSION VOTE:
5-0
Mayor Stoddard:
Yea
Vice Mayor Harris:
Yea
Commissioner Welsh:
Yea
Commissioner Liebman:
Yea
Commissioner Gil:
Yea
Agenda item No:5.
City Commission Agenda item Report
Meeting Date: February 26, 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:
Memo-Single_Use_Plastic_Ordinance.doc
Ord. Amending ch 13A re Single Use PlasticCArev3.docx
MDBR Ad.pdf
Miami Herald Ad.pdf
South(emiami
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER -OFFICE MEMORANDUM
To: The Honorable Mayor & Members of the City Commission
FROM: Steven Alexander, City Manager
DATE: January 2, 2019
SUBJEcr: An ordinance of the City of South Miami amending Chapter 13A-Litter to
establish 13A-23. Single -use plastic bags & polystyrene containers, and
establish 13a-24. Plastic straws; and providing for legislative intent,
definitions, establishing prohibition on the use of single -use plastic bags
and polystyrene containers by City staff, contractors and special events
permittees, establishing prohibitions on sale or use of single -use plastic
straws by City vendors, City contractors and special event permittees;
establishing exemptions thereto; providing for severability; providing for
conflicts; providing for codification; and providing for an effective date
BACKGROUND: Decomposing plastic trash breaks down into "microplastic" particles,
which penetrate the cells of organisms, and work their way up the food
chain. Microplastics cause cellular damage to all forms of life that ingest
them, from earthworms, to corals, to humans. In humans, microplastics
are believed to cause birth defects and cancer.
Plastic packaging accounts for nearly half of all global waste, and 60-80%
of total marine debris. According to the United Nations Climate Agency,
approximately 8 million tons of plastic waste is dumped into the world's
oceans every year. Currently 15-51 trillion pieces of plastic circulate in
the world's oceans creating significant harm to the global environment.
Restricting distribution of single -use plastics is part of South Miami's
long-standing commitment to a healthy environment and combatting the
global marine debris crisis. Over 60 Countries have enacted bans on
various types of single -use plastics and local governments in the U.S. are
taking the initiative to pass their own bans and restrictions.
Many municipalities within Miami -Dade County have successfully
implemented municipality -wide bans on the sale and distribution of
single -use plastics, while many more Miami -Dade County local
governments (including the County itself) have enacted more scaled -
down prohibitions, banning the use of single -use plastics or polystyrene
2
South Miami
THE CITY OF PLEASANT LIVING
ATTACHMENTS:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER -OFFICE MEMORANDUM
food service articles in county/city parks and marinas, by city contractors,
or by vendors at special events.
This ordinance is South Miami's next step in our progress toward
eliminating harmful single -use plastic waste within our municipal
boundaries. The ordinance covers only City -controlled activities,
prohibiting the use or distribution of (1) expanded polystyrene
containers, (2) single -use plastic bags, and (3) single -use plastic straws
and stirrers, by City staff, City contractors, and special event permittees.
It also sets a positive example and a new standard for the entire South
Miami community.
Ordinance
3
MIAMI DAILY BUSINESS REVIEW
PulWshed Daily except Saturday. Sunday and
L"W Holidays
Miami, Kwni-Dade County, FWW
STATE OF FLORIDA
COUNTY OF MIAIk4WADE:
Before the undersigned authority personally appeared
GUILLERMO GARCIA, who on oath says that he or she Is the
DIRECTOR OF OPERATIONS. Legal Notices of the Miami Daily
Business Review flkla Miami Review, a daily (except
Saturday, Sunday and Legal Holidays) newspaper,
published at Miami In Miami -Dade County, Florida; that the
attached copy of advertisement, being a Legal - Advertisement
of Notice In the matter of
NOTICE OF PUBLIC HEARINGS - CITY OF SOUTH MIAMI - FEB.
28. 2019
In the )0= Court,
was published In said newspaper in the issues of
0215M19
Afflant further says that the said Miami Daily Business
Review Is a newspaper published at Miami. In said Miami -Dad
e County, Florida and that the said newspaper has
heretofore been continuously published In said Miami -Dade
County, Florida each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
matter at the post office in Miami In said Miami -Dade County,
Florida, for a period of one year next preceding the first
publication of the attached copy of advertisement; and afflant
further says that he or she has neither paid nor promised any
person, firm or corporation any discount rebate, comrrdsslon
or refund for the purpose of securing this advertisement for
publication In the said newspaper.
GUILLERMO GARCIA personally known to me
74 BAR&WTKOMAS
�.; ComI*51on # GG 121171
ExOms November 2, 2021
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1II4141aEIUlII
NEIGHBORS
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that the City Commission of the City of South
Miami, Florida will conduct Public Hcaring(s) at its regular City Commission
meeting scheduled for Tuesday, February 26, 2019 beginning at 7:00 p.m., in the
City Commission Chambers, 6130 Sunset Drive, to consider the following items):
An Ordinance providing for a Small -Scale Map Amendment to the City of
South Miami Comprehensive Plan Future Land Use Map (FLUM); expanding
the boundary of the Transit Oriented Development District (TODD) future land
use district by m-designating certain parcels. from Mixed -Use Commercial/
Residential to Transit Oriented Development District.
An Ordinance amending the City of South Miami Official Zoning Map to
advance Goals of the Comprehensive Plan Future Land Use Element and the
purpose of the Transit -Oriented Development District by rezoning certain
parcels from Medium -Intensity Office (MO) to Transil-Oriented Development
District Mixed Ike 5 (TODD MU-51.
Above Ordinances Apply to Properties Indicated by "MO"
. 1 .1 ....,va w
7!
BI I! I I TOODMU.5
O .�
MID
TODD MU4
TODD NWI
An Ordinance much fying the following sections of the Land Development Code.
Section 20-3.1 Zoning use districts and purposes (A) and (B): Section 20-3.3
Permitted Use Schedule: Section 20-3.4 Special Use Conditions: and Article
VIII, Transit -Oriented Development District, Sections 20-5.1 through 20-8.17.
Ordinance Applies to all Properties with "TODD" Designation,
including current and future designations:
F.
295E
An Ordinance amending the City of South Miami Official Zoning Map to
advance Goals of the Comprehensive Plan Future Land Use Element and
the purpose of the Transit -Oriented Development District including the
following rezonings: (1) certain parcels from TrulNit-Oriented Development
District Mixed Use 4 (TODD MU-4) to Transit -Oriented Development
District Mixed Use 5 (TODD MU-5); and (2) certain parcels from
Transit -Oriented Development District Light Industrial 4 (TODD LI4),
In Transit -Oriented Development District Mixed Use 6 (TODD MU-6).
Ordinance Applies to Shaded Properties:
C�IY el Sou�� Ml�nl ,®,
r
An Ordinance amending the City of South Miami Code of Ordinances, Chapter
17, adding Article V Sections 17-51 through 17-53 to provide for the regulation
of shared mobility devices.
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.
An Ordinance amending the City of South Miami Code of Ordinances, Chapter
15 Article III, Section 15-97 relating to noise exemption for Special events.
All interested parties are invited to attend and will be heard.
For further information, please contact the City Clerk's Once at: 305-663-6340
Nkenga A. Payne. CIVIC
City Clerk
Pursuant to Florida Statutes 296.0105, the City hereby advises the public that if a
person decides to appeal any decision made by [his Board, Agency or Commission
with inspect to any matter considered at its meeting or hearing, he or she will need
a record of the proceedings, and that for such purpose, affected person may need
to ensure that a verbatim record of the proceedings is made which record includes
the testimony and evidence upon which the appeal is to he based.
12