Legislative Matter

Miami-Dade Legislative Item
File Number: 160840

Printable PDF Format

File Number: 160840

File Type: Ordinance

Status: Before the Board

Version: 0

Reference:

Control: Board of County Commissioners

File Name: USE OF STYROFOAM PRODUCTS AT COUNTY PARKS AND BEACHES

Introduced: 4/12/2016

Requester: NONE

Cost:

Final Action:

Agenda Date: 6/7/2016

Agenda Item Number: 7A

Notes:

SEE 161834 FOR FINAL VERSION AS ADOPTED. X-REF W/160943, 161838

Title:

ORDINANCE RELATING TO MIAMI-DADE PARKS, RECREATION AND OPEN SPACES DEPARTMENT’S RULES AND REGULATIONS; AMENDING CHAPTER 26, ARTICLE I OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; BANNING POLYSTYRENE IN PARKS IN CERTAIN CIRCUMSTANCES AND MAKING TECHNICAL AMENDMENTS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE AGENDA ITEM NO. 11A5]

Indexes:	PARKS
	BEACHES

Sponsors:	Daniella Levine Cava, Prime Sponsor
	Sally A. Heyman, Co-Sponsor
	Barbara J. Jordan, Co-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

Board of County Commissioners	6/7/2016	7A	Amended
REPORT:	See Agenda Item 7A Amended; Legislative File No. 161834.

Metropolitan Services Committee	5/11/2016	1G1	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Shannon Summerset-Williams read the title of the foregoing proposed ordinance along with the companion Agenda Item 2D into the record. Chairwoman Jordan opened the public hearing on the foregoing proposed ordinance. Ms. Renita Holmes, 350 NW 4th Street, appeared before the Committee noting these were items that affected her; however, due to time constraints she would share her comments in writing. Seeing no other persons wishing to appear before the Committee, Chairwoman Jordan closed the public hearing. Commissioner Levine Cava provided a brief report on the intent of the proposed resolution (Agenda Item 2D). She noted Styrofoam was the trade name of Polystyrene; it was the most prevalent of the garbage in beaches; the Styrofoam cups, plates, etc., were not biodegradable and they harmed the wild life. Commissioner Levine Cava said that according to the University of Florida Sea Grant and Marine Laboratory research, it could take up to a century for Styrofoam to degrade in comparison to plywood that took three years to decompose in the ocean. She recalled that Miami Beach and Coral Gables had banned Styrofoam due to the impact it was having on the beaches, parks, and the environment. She explained that Styrofoam broke down into smaller pieces that the wildlife mistook for food, and ended up clogging the storm drains. Commissioner Levine Cava expressed the need to discourage the use of the disposal products that remained in the environment as litters for decades; and noted the County Commission had the authority over the County parks to create rules to prevent these products in the County parks. She pointed out that there were cost effective and less environmentally harmful alternatives to Styrofoam. She indicated that the State had prevented the banning of Styrofoam; however, Miami Beach and Coral Gables defied the State law. Commissioner Levine Cava noted there was a companion item related to education and outreach for a year through the parks, departments, and for the public. She assured the Committee that people would not be fined due to lack of knowledge of the Styrofoam ban. Additionally, she said she wished to ensure the County departments were not contributing to the Styrofoam problem; and Agenda Item 2C would review the purchases of the departments, to ensure they were not buying, or using these products in the County offices and functions. Commissioner Levine Cava thanked the parks departments and the Internal Serviced Department for their input regarding the matter, and said she was hopeful the Committee would give the resolution favorable consideration. It was moved by Commissioner Heyman that the foregoing proposed resolution be forwarded to the County Commission, as presented. This motion was seconded by Commissioner Edmonson, followed by discussion. Commissioner Diaz recognized that Styrofoam was harmful to the wildlife. However, he referred to people who held events at the parks noting it could be costly for them to purchase environmentally friendly products. Commissioner Diaz stated most people purchased coolers that were made out of Styrofoam, and these coolers as well as many other products were not recyclable. Commissioner Diaz noted he preferred to have a combination of knowledge and education, before implementing fines. In response to Commissioner Edmonson’s question regarding who would enforce the fines, Mr. George Navarrete, Miami-Dade County Parks Recreation and Open Spaces (PROS), indicated that park officers were authorized to enforce Chapter 26. He emphasized that the PROS staff were not in favor of fining individuals; however, they supported education and working with individuals who patronized the parks and beaches. Pursuant to Commissioner Edmonson’s question regarding the tourists who went to the beaches, and how the PROS intended to bring awareness to the visitors, Mr. Navarrete noted the park officers would issue a fair number of warnings. Commissioner Edmonson pointed out that the legislation did not reflect a warning; it reflected that the first time warning would carry a $100.00 fine. She suggested the following friendly amendment: the first time there would be a warning, followed by a $100.00 fine for the second offence, and a $200 fine for the third offence. Commissioner Heyman voiced her concerns that a number of parks and beaches had vendors who were under contracts with Miami-Dade County. She stated polystyrene would be another prohibited product for the vendors to be aware of. She indicated that education and changing behavior were the preferred method to bring awareness. Commissioner Heyman said that she would support the first time warning and proper sign posting. Additionally, she expressed concerns on the discarding of small items; furthermore she suggested that an exception be made for coolers and large containers. Commissioner Zapata noted one of the roles of government was to help people make good decisions. He indicated that the legislation was a good legislation; it provided a year to educate the community before the fining process. Commissioner Zapata inquired how it would be possible to track a person who was given a warning before. He indicated that the policy would become meaningless, if the necessary steps were not taken to protect the beauty of the community. Commissioner Zapata acknowledged the difficulty of asking the parks to be the enforcer of this legislation; however, individuals had a year to learn. Commissioner Zapata said he believed that tourists would learn through hotels and signs on the beaches that Styrofoam was not allowed. Responding to Commissioner Souto’s question as to who did the research on the bill relating to the State law on the matter, Assistant County Attorney Monica Rizo noted she looked up the recent bill that was passed from the State of Florida. Commissioner Souto recalled that the State of Florida passed comprehensive legislation on solid waste in the late 1980s, which dealt with the disposal of plastic materials. He inquired why this legislation was not enforced in the County. Commissioner Souto stressed the need to educate the public; however, he pointed out that Miami Dade County would be a difficult place to educate the public, due to the multicultural background of the population. He inquired how the education process would be implemented, in addition to what laws were related to the disposal of solid waste. Chairwoman Jordan noted she overlooked one of the cards for public presentation and asked whether she could call the speaker up without re-opening the public hearing, and Assistant County Attorney Summerset-Williams advised that she could do so. Mr. Seth Bloomgarden, 665 NE 25th Street, Miami, Florida, appeared before the Committee and stated he was attending the meeting on behalf of Surfrider Foundation, a local grass roots volunteer organization that strongly supported Commissioner Levine Cava’s proposal. Mr. Bloomgarden said he believed that it was a progressive approach to the city; it was good for the environment; and it would make the parks and beaches more beautiful. However, he noted, if those factors were not convincing enough, the commissioners should adopt this legislation because it made sense for themselves and their families. Mr. Bloomgarden wondered what would happen if a piece of Styrofoam entered the ocean and the marine life ate it; he noted that marine life could end up on their dinner table. He added that Styrofoam was carcinogenic; if it ended up in the marine life it would hurt the fishing and restaurant industries. Mr. Bloomgarden pointed out that many other cities had passed similar ordinances successfully, and studies showed costs were not significant. In conclusion, he noted, it was necessary for the commissioners to analyze the full cost, including the cost to themselves, family, pets, the marine life, and visitors in Miami. Commissioner Diaz spoke in support of Commissioner Edmonson’s comments regarding not fining the individuals for first time offences. He acknowledged that Styrofoam was harmful for the environment; however, he was not in support of fining people who did not have education regarding the matter. Commissioner Diaz said he agreed with Commissioner Heyman’s comments regarding the vendors noting they relied heavily on Styrofoam. He pointed out that he would support Commissioner Levine Cava if she could adjust the language of the item. Chairwoman Jordan said she was in full support of Commissioner Levine Cava’s item; however, she noted, the first time warning would be more appropriate. Chairwoman Jordan pointed out that the educational process could start as early as 2016, and could include the Visitors’ Bureau, and the hotel association. Chairwoman Jordan stated these organizations could include warnings in their publication about the use of Styrofoam; and these warnings could prepare the public and tourists for what was coming in 2017. She urged Commissioner Levine Cava to include this suggestion as part of the friendly amendment. Chairwoman Jordan suggested that visitors upon pay entryto parks receive notices regarding Styrofoam as an early educational warning. She requested to be listed as a co-sponsor to Agenda Item 2D. Commissioner Edmonson suggested that warnings be placed in the stores, especially the smaller stores. She noted the tourists and visitors patronized the smaller stores and warnings could inform them that no Styrofoam was allowed at the parks and beaches. Commissioner Souto said he believed that the educational process should start with the County. Commissioner Souto stated that the County had the ability to reach many people, and could help the community understand what they were trying do. In response to Commissioner Zapata’s question regarding whether the warning process would take place during or after the year, Commissioner Levine Cava addressed the concerns of the Committee members regarding education in the stores, hotels, community, and to visitors. She stated that all of these concerns were addressed in companion Agenda Item 2D, which was an educational campaign that the Mayor would be directed to develop in ninety days. She noted Miami Beach would serve as a good example for notices/warning on the use of Styrofoam. Commissioner Levine Cava touched on visitors who were not a part of the education year; they would have to work through different outlets, such as hotels and Visitors Bureaus to ensure that education was on going. She stressed that eventually these products would disappear and the markets would find alternatives. Referring to Commissioner Souto’s concerns regarding State law, Commissioner Levine Cava stated that she did not know what happened to those laws, as they were no longer on the books. Commissioner Levine Cava clarified that the State did not allow the ban of any Styrofoam products from the general population; the only authority the County had was in its facilities and parks; that was why the legislation was narrowly tailored. She explained that Polystyrene was the worst product, considering it broke up, it pertained to coolers and cups that created an impact on the environment. Commissioner Levine Cava stated while there was discretion as to fines, the language that was used in the item with regard to fines was standard: the warning would be in the first year, and the parks personnel would have discretion in how to impose the fines. She concluded that she would take the Committee members’ suggestions under advisement, review the language if the Committee members would move forward with the item, to see what could be adjusted before bringing back the item for final reading. Commissioner Souto suggested to Commissioner Levine Cava that it would be advisable to engage the Board of Education to educate the school children. The Committee proceeded to vote on the foregoing proposed ordinance and the accompanying proposed resolution Agenda Item 2D, as presented. Later in the meeting, Assistant County Attorney Shannon Summerset-Williams clarified that Commissioner Heyman requested to be listed as a co-sponsor on Agenda Item 1G1.

Board of County Commissioners	4/19/2016	4B	Adopted on first reading		5/11/2016		P
REPORT:	County Attorney Abigail Price-Williams read the title of the foregoing proposed ordinance into the record. Hearing no questions or comments, the Board proceeded to adopt the foregoing proposed ordinance on first reading and set it for public hearing before the Metropolitan Services Committee on Wednesday, May 11, 2016, at 2:00 P.M.

Board of County Commissioners	4/19/2016		Tentatively scheduled for a public hearing	Metropolitan Services Committee	5/11/2016

County Attorney	4/12/2016		Assigned	Monica Rizo	4/12/2016

County Attorney	4/12/2016		Referred	Metropolitan Services Committee	5/11/2016

Legislative Text

TITLE
ORDINANCE RELATING TO MIAMI-DADE PARKS, RECREATION AND OPEN SPACES DEPARTMENT�S RULES AND REGULATIONS; AMENDING CHAPTER 26, ARTICLE I OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; BANNING POLYSTYRENE IN PARKS IN CERTAIN CIRCUMSTANCES AND MAKING TECHNICAL AMENDMENTS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, polystyrene is a petroleum-based plastic, most commonly known under the name of �Styrofoam,� which is actually the proprietary trade name of a polystyrene foam product; and
WHEREAS, the Environmental Protection Agency (�EPA�) named polystyrene as the fifth largest creator of hazardous waste; and
WHEREAS, the biggest environmental health concern associated with polystyrene is the danger associated with Styrene, the basic ingredient in polystyrene, which has classified as a possible human carcinogen by the EPA and the International Agency for Research on Cancer; and
WHEREAS, indeed, the acute health effects of exposure to styrene include irritation of the skin, eyes, and upper respiratory tract, and gastrointestinal effects; and
WHEREAS, as polystyrene is light and has good insulation properties, it is used in all types of products, including those to keep food and beverages hold or cold and to protect items during shipping; and

WHEREAS, polystyrene products are a principle component of urban litter and marine debris; and
WHEREAS, indeed, polystyrene is notorious for breaking up into pieces that clog stormwater pipes and can impact wildlife, and is an unsightly nuisance negatively impacting our tourism-dependent economy; and
WHEREAS, numerous cities across the United States, including several within MiamiDade County, have banned polystyrenes in parks and on beaches or their use altogether, including Miami Beach, FL, Key Biscayne, FL, Bal Harbour, FL, Bay Harbor Islands, FL, North Bay Village, FL, Surfside, FL, New York City, NY, Albany County, NY, Portland, OR, San Francisco, CA, Los Angeles County, CA, Malibu, CA, Oakland, CA, San Jose, CA, Seattle, WA, Amherst, MA, Minneapolis, MN, and Washington, D.C.; and
WHEREAS, it is in the best interest of Miami-Dade County and its residents to protect its parks and beaches and to ban polystyrene products in County-owned, operated or managed parks, natural areas and beaches; and
WHEREAS, in 2010, this Board adopted Ordinance No. 10-52 which increased the maximum fines and imprisonment associated with violations of the Park rule set forth in Chapter 26 of the County Code to $500.00 and 60 days in the County jail; and
WHEREAS, however, as to violations of the polystyrene ban, this Board desires to defer enforcement until June of 2017 in order to educate the public about the ban and to limit the fines to $100.00 for first-time violators and to $200.00 for each subsequent violation,

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Chapter 26, Article I of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
ARTICLE I. � IN GENERAL.

Sec. 26-1. � Rules and regulations adopted.

[[Any person violating any of the rules and regulations provided in this section shall be punished by:

(1) A fine not to exceed five hundred dollars ($500.00);

(2) Imprisonment in the county jail for a period not to exceed sixty (60) days;

(3) Both such fine and imprisonment in the discretion of the court having jurisdiction over the cause;

(4) Fines in accordance with Chapter 8CC of the Code of Miami-Dade County; or

(5) Completion of the Miami-Dade County Diversion Program, pursuant to Implementing Order of the Board of County Commissioners.]]

Rule 1. Definitions When used herein the following definitions shall apply:

(a) The terms "Parks," "Parkways," "Recreational Areas," "Marinas" and other "Areas Operated and Maintained by the Miami-Dade County >>Parks,<< [[Park and]] Recreation >>and Open Spaces<< Department" are defined to mean parks, wayside parks, >>greenways, bikeways, trails,<< parkways, playground, recreation fields, museums, auditoriums, ranges and buildings, natural areas, forests or preserves, lakes, streams, canals, lagoons, waterways, water areas and beaches therein and all public service facilities conducted on grounds, buildings, and structures in Miami-Dade County that are under the control of or assigned for upkeep, maintenance or operation by the Miami-Dade County >>Parks,<< [[Park and]] Recreation >>and Open Spaces<< Department, and all beaches and ocean areas available to the public in the unincorporated area of the County.

(b) The term "Park Property" when used hereinafter is defined to cover all areas, buildings, locations, and facilities described in the foregoing paragraph.

(c) The terms "Park Department," "the Department" when used hereinafter are defined as "The Miami-Dade County >>Parks,<< [[Park and]] Recreation >>and Open Spaces<< Department" and the term "Department Director" refers to the Director of said Department.

(d) The term "Department Employee" refers to individuals employed by the >>Parks,<< [[Park and]] Recreation >>and Open Spaces<< Department with responsibilities for the safe management, security, operation or maintenance of park facilities.

(e) In construing the provisions hereof and each and every word, phase or part thereof where the context will permit, the definitions provided in Sections 1.01 Florida Statues shall apply.

* * *

[[ENFORCEMENT AND OBEDIENCE TO RULES]]

Rule 36. [[Authority of Miami-Dade Police Department official and Park Department officials]] >>Prohibition regarding sale or use of Polystyrene food-service articles in Parks and Park Property

(a) Definitions. For purposes of this Rule 36, the following definitions shall apply:

(1) Parks Contractor means a contractor, vendor, lessee, licensee, programming partner, or permittee of the County that uses, works on, provides services at, or undertakes construction of Park Property; a special events permittee for an event in a Park; or an operator or manager of Park Property or a facility within a Park.

(2) Polystyrene means thermoplastic petrochemical material utilizing a styrene monomer, including but not limited to polystyrene foam or expanded polystyrene, processed by any number of techniques, including but not limited to fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, or extrusion-blow molding (extruded foam polystyrene), and clear or solid polystyrene (oriented polystyrene).

(3) Polystyrene article means plates, bowls, cups, utensils, cutlery, tableware, containers, lids, trays, coolers, ice chests, bags, boxes, wrappings, bottles, and all similar articles that consist of polystyrene.

(b) Beginning on June 1, 2017, no person shall carry any Polystyrene article onto any Park Property.

(c) Parks Contractors shall not sell, use, provide food in, or offer the use of Polystyrene articles on Park Property and in all facilities located within Parks. A violation of this rule shall be deemed a default under the terms of the applicable contract between the County and the Parks Contractor. This rule shall not apply to Polystyrene articles that are used for prepackaged food that have been filled and sealed prior to receipt by the Parks Contractor.

(d) Any contract between the County and a Parks Contractor entered into prior to June 1, 2016 shall not be subject to the requirements of this Rule 36, unless the Parks Contractor voluntarily agrees thereto, except that renewals or extensions of any such contract which are to be exercised by the County, or jointly by the County and the Parks Contractor, shall only be renewed or extended if the Parks Contractor agrees in writing to comply with the provisions of this Rule 36 during any renewal or extension term.

(e) Violators of Rule 36(b) shall pay a fine not to exceed one hundred dollars ($100.00) for the first violation and two hundred dollars ($200.00) for each succeeding violation. Parents or guardians will be held strictly accountable for the actions of minors in regards to the prohibitions in this Rule.

Sec. 26-2. - Enforcement and Obedience to Rules; Effect of other ordinances; cumulative.<<

(a) It shall be the duty and responsibility of the Miami-Dade Police Department to enforce all State laws, County ordinances, and in conjunction with Department employees, enforce all regulations and rules as well as all provisions of permits issued by the >>Parks,<< [[Park and]] Recreation >>and Open Spaces<< Department within the following areas of the County:

(1) All parks and other areas maintained and operated by the Miami-Dade County >>Parks,<< [[Park and]] Recreation >>and Open Spaces<< Department;

(2) All beaches and ocean areas east of the State designated erosion control line and made available to the public in the unincorporated area of the County and in municipalities.

[[Sec. 26-2. � Effect of other ordinances; cumulative; definitions.]]

>> (b)<< Other ordinances not in conflict with the [[police]] regulations, rules and permits adopted pursuant to Section 26-1 hereof shall be enforced in all properties under the management and control of the >>Parks,<< [[Park and]] Recreation >>and Open Spaces<< Department, and violators shall be punished in accordance with the particular ordinance violated.

>> (c)<< This chapter and the police regulations, rules and permits adopted pursuant to Section 26-1 hereof shall be taken to be cumulative and shall not be construed to amend or repeal any other valid County ordinance or penalty.

[[In construing the foregoing provisions and each and every word, phrase, or part thereof, where the context will permit the definitions provided in Section 1.01 Florida Statutes shall apply.]]

Sec. 26-3. � Application to Rickenbacker Causeway and Venetian Causeway.

The provisions of this chapter, save and except Rules 3.(a) and (b), 16.(a), 22.(a) and (b), 11.(a), and 7.(c) as stated in Section 26-1 hereof, shall be applicable to and enforced by the [[Metro-]] >>Miami-<
Sec. 26-4. � Penalty.

>>Except as specifically set forth anywhere else in Sections 26-1 through 26-3 of the Code of Miami-Dade County (�Code�) to the contrary, any<< [[Any]] person [[convicted of a violation of]] >>violating<< any of the provisions of [[the Police Regulation, Rules and Permits adopted pursuant to Section 26-1, with the exception of Section 26-1, Rules 27(a) and 8(b),]] >>Sections 26-1 and 26-3 of the Code<< shall be punished by >>: (a)<< a fine not to exceed [[one]] >>five<< hundred dollars [[($100.00)]] >>($500.00); (b)<< [[or]] by imprisonment in the County jail for a period not to exceed [[thirty (30)]] >>sixty (60)<< days >>; (c) both<< [[or]] such find and imprisonment >>in the discretion of the court having jurisdiction over the cause; (d) fines in accordance with Chapter 8CC of the Code of Miami-Dade County; or (e) completion of the Miami-Dade County Diversion Program, pursuant to Miami-Dade County Implementing Order 212, as it may be amended from time to time.<< [[Violation of Section 26-1, Rules 27(a) and 8(b) shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the County jail for a period not to exceed thirty (30) days or both such fine and imprisonment. Any person who violates Section 26-1, Rule 8(b) by writing, painting or drawing any inscription, figure or mark of any type on park property shall be punished in the manner set forth in Section 21-30.01(3) of this Code.]]

* * *

Section 2. If any section, subsection, sentence, clause or provision 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 relettered 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.

1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.