Miami-Dade Legislative Item
File Number: 121949
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File Number: 121949 File Type: Ordinance Status: Public Hearing
Version: 0 Reference: Control: Board of County Commissioners
File Name: OVERNIGHT CAMPING ON COUNTY PROPERTY Introduced: 9/26/2012
Requester: Internal Services Cost: Final Action:
Agenda Date: Agenda Item Number: 7
Notes: SEE 122354 AMENDED Title: ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA CREATING ARTICLE XVIII, SECTION 21-286 PROHIBITING OVERNIGHT CAMPING ON COUNTY PROPERTY; PROVIDING FOR PENALTIES FOR VIOLATIONS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: NONE
Sponsors: Lynda Bell, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Infrastructure and Land Use Committee 11/15/2012 1F4 Amended
REPORT: See Agenda Item 1F4 Amended, Legislative File No. 122354, for the amended version.

Board of County Commissioners 10/23/2012 Tentatively scheduled for a public hearing Infrastructure and Land Use Committee 11/16/2012

Board of County Commissioners 10/23/2012 4D Adopted on first reading 11/15/2012 P
REPORT: The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Infrastructure and Land Use Committee on Thursday, November 15, 2012 at 2:00 p.m.

County Attorney 9/26/2012 Assigned Daniel Frastai

County Mayor 9/26/2012 Assigned County Attorney 10/23/2012
REPORT: ISD (ASST. COUNTY ATTY: DANIEL FRASTAI) (1ST RDG 10/23 BCC/ PH @ CMTE/ 2ND RDG 12/4 BCC) (PENDING CMTE ASSIGNMENT) (BCC SPONSOR: ILUC CMTE)

County Mayor 9/26/2012 Assigned Ed Marquez 10/1/2012 9/26/2012

Legislative Text


TITLE
ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA CREATING ARTICLE XVIII, SECTION 21-286 PROHIBITING OVERNIGHT CAMPING ON COUNTY PROPERTY; PROVIDING FOR PENALTIES FOR VIOLATIONS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, this Board finds that it is in the interest of the County to maintain County property in an attractive and intact condition, readily available for the enjoyment of all of its visitors; and

WHEREAS, the County has an obligation to maintain its property clean, safe and publicly accessible in accordance with the requirements of law; and

WHEREAS, County property is an inappropriate setting for overnight camping activities for reasons that include, but are not limited to, the lack of adequate means for disposing of waste and access to utilities; and

WHEREAS, overnight camping in areas not equipped for such activities leads to the physical deterioration of such areas; and

WHEREAS, prohibiting overnight camping on County property would help keep County property in an attractive and intact condition by reducing wear and tear on these areas; and

WHEREAS, prohibiting overnight camping on County property would also help keep these areas accessible to visitors,

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:

Section 1. Article XVIII, Section 21-286 of the Code of Miami-Dade County, Florida is hereby created within Chapter 21, Offenses and Miscellaneous Provisions, to read as follows.

ARTICLE XVIII. PROHIBITION ON OVERNIGHT CAMPING

Sec. 21-286 Prohibition on Overnight Camping

(1) Except as otherwise provided for in this Code, there shall be no overnight camping on County property. Overnight camping is defined as the use of outdoor space for living accommodation purposes, including but not limited to, setting up any tents, shacks, or shelters for sleeping activities or making preparations to sleep (including the laying down of bedding for the purpose of sleeping), from the hours of sunset to sunrise. The provisions of this chapter shall apply to the incorporated and unincorporated areas of Miami-Dade County.

(2) Any person violating this section shall, upon being warned by a County official or a law enforcement officer, cease the prohibited activity. If the person continues the prohibited activity after such warning, the official or law enforcement officer may direct the individual to leave the premises. Any individual who does not leave as directed is subject to arrest for trespassing pursuant to Chapter 810.09 Florida Statutes.

Section 2. If any section, subsection, sentence, or clause of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.

Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.

Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and, if vetoed, shall become effective only upon an override by this Board.

HEADER
Date:



To:
Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners



From:
Carlos A. Gimenez
Mayor
Subject:
Ordinance Prohibiting Overnight Camping on County Property

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners (Board) adopt the attached ordinance which establishes Article XVIII, Section 21-286 of the Code of Miami-Dade County (Code) to prohibit overnight camping on County property.

Scope
Approval of this Ordinance will apply to all County property throughout Miami-Dade County.

Fiscal Impact/Funding Source
There is no fiscal impact to the County with the approval of this ordinance.

Track Record/Monitor
Not applicable as this item codifies the County’s policy on prohibiting overnight camping and does not approve or authorize the contracting with any vendor or require any additional administrative oversight by County staff.

MANAGER'S BACKGROUND
Background
This ordinance will prohibit overnight camping on County property, and specifically bans the use of County outdoor space for living accommodation purposes for sleeping activities (or making preparations to sleep) from the hours of sunset to sunrise. Any person found in violation of this law, will be warned to cease their activities. Further violation of this law is subject to arrest.

With approval of this ordinance, the County will help ensure the proper aesthetic maintenance and safety of our properties and facilities.



___________________________
Edward Marquez
Deputy Mayor



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