Miami-Dade Legislative Item
File Number: 192687
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File Number: 192687 File Type: Ordinance Status: Adopted
Version: 0 Reference: 20-21 Control: Board of County Commissioners
File Name: ILLEGAL DUMPING TASK FORCE RECOMMENDATION Introduced: 10/31/2019
Requester: NONE Cost: Final Action: 2/19/2020
Agenda Date: 2/19/2020 Agenda Item Number: 7D
Notes: 6WKS/4WKS REQUIRED Title: ORDINANCE RELATING TO PENALTIES FOR LITTERING AND ILLEGAL DUMPING; AMENDING SECTION 8CC-10 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; MODIFYING PENALTIES FOR LITTERING AND DUMPING IN VIOLATION OF CHAPTER 15 OF THE CODE; MODIFYING VOLUME AND WEIGHT LIMITS OF DISCARDED ITEMS RELATING TO PENALTIES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: ILLEGAL DUMPING
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
  Esteban L. Bovo, Jr., Co-Sponsor
  Daniella Levine Cava, Co-Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Sally A. Heyman, Co-Sponsor
  Eileen Higgins, Co-Sponsor
  Barbara J. Jordan, Co-Sponsor
  Jean Monestime, Co-Sponsor
  Dennis C. Moss, Co-Sponsor
  Sen. Javier D. Souto, Co-Sponsor
  Xavier L. Suarez, 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 2/19/2020 7D Adopted P

Board of County Commissioners 2/4/2020 7D 4 Day Rule Invoked

Health Care and County Operations Committee 1/16/2020 1G2 Forwarded to BCC with a favorable recommendation following a public hearing P

Board of County Commissioners 11/26/2019 Municipalities notified of public hearing Health Care and County Operations Committee 1/16/2020 11/19/2019

Board of County Commissioners 11/19/2019 Tentatively scheduled for a public hearing Health Care and County Operations Committee 1/16/2020

Board of County Commissioners 11/19/2019 4A Adopted on first reading 1/16/2020 P
REPORT: The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Health Care and County Operations (HCCO) Committee meeting to be held on Thursday, January 16, 2020 at 9:30 a.m.

Office of the Chairperson 11/14/2019 Scrivener's Errors
REPORT: The history line that this item Requires Municipal Notification by BCC was inadvertently omitted.

Board of County Commissioners 11/13/2019 Requires Municipal Notification Health Care and County Operations Committee 1/16/2020

County Attorney 10/31/2019 Referred Health Care and County Operations Committee 1/16/2020

County Attorney 10/31/2019 Assigned David Sherman 11/12/2019

Legislative Text


TITLE
ORDINANCE RELATING TO PENALTIES FOR LITTERING AND ILLEGAL DUMPING; AMENDING SECTION 8CC-10 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; MODIFYING PENALTIES FOR LITTERING AND DUMPING IN VIOLATION OF CHAPTER 15 OF THE CODE; MODIFYING VOLUME AND WEIGHT LIMITS OF DISCARDED ITEMS RELATING TO PENALTIES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, illegal dumping in Miami-Dade County is a serious issue that creates a wide range of problems; and
WHEREAS, illegal dumping may pose serious environmental challenges and sometimes occurs on environmentally-sensitive areas, such as wetlands; and
WHEREAS, illegal dumping may also be an economic threat to the County and its residents; and
WHEREAS, illegal dumping is a problem in the County’s residential areas, such as when violators illegally dump trash and waste on a resident’s otherwise legal bulky waste pick-up pile, causing the pile to exceed the services included within the annual service fees; and
WHEREAS, illegal dumping is a problem in the County’s rural, agricultural areas, where violators illegally dump trash and waste on the right-of-way or on another person’s real property; and
WHEREAS, illegal dumping and littering are prohibited by the County Code and punishable by monetary fines or incarceration in jail, or both; and

WHEREAS, illegal dumping and littering are likewise prohibited by Florida Statutes and punishable by monetary fines or incarceration in jail or prison, or both; and
WHEREAS, both the County Code and Florida Statutes punish illegal dumping and littering based on the weight or volume of the materials discarded, and in some cases, based on the type of materials discarded; and
WHEREAS, this Board previously adopted Resolution No. R-1201-17, which directed the County Mayor or designee to create the Miami-Dade County 2017 Illegal Dumping Task Force (“the Task Force”), for the purpose of investigating the causes and effects of illegal dumping in the County; reviewing applicable laws and regulations, enforcement, and punishment relating to illegal dumping; and making recommendations to the Board and the County Mayor to better address and combat illegal dumping; and
WHEREAS, the Task Force issued its Illegal Dumping Task Force Report (“the Report”) on October 1, 2018; and
WHEREAS, at its December 4, 2018 meeting, the Board accepted the Report; and
WHEREAS, the Report recommended the enhancement of specified penalties relating to illegal dumping and littering in violation of chapter 15 of the County Code; and
WHEREAS, the Report also recommended amendment of the Code to better conform the classification of civil violations for illegal dumping and littering based on weights and volumes of discarded items to the classification of criminal offenses in the Florida statutes for illegal dumping and littering; and
WHEREAS, this Board would like to increase civil penalties to help to curb illegal dumping and littering,

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 8CC-10 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 8CC-10. Schedule of civil penalties.

The following table shows the sections of this Code, as they may be amended from time to time, which may be enforced pursuant to the provisions of this chapter; and the dollar amount of civil penalty for the violation of these sections as they may be amended.

The “descriptions of violations” below are for informational purposes only and are not meant to limit or define the nature of the violations or the subject matter of the listed Code sections, except to the extent that different types of violations of the same Code section may carry different civil penalties. For each Code section listed in the schedule of civil penalties, the entirety of that section may be enforced by the mechanism provided in this Chapter 8CC, regardless of whether all activities proscribed or required within that particular section are described in the “Description of Violation” column. To determine the exact nature of any activity proscribed or required by this Code, the relevant Code section must be examined.

Code
Section Description of Violation Civil Penalty
* * *
15-5.2 Failure, by any person utilizing a neighborhood trash and recycling center, to place clean yard trash in areas designated for clean yard trash
50.00

15-6(b)(1), (3) General littering in an amount not exceeding [[100]] >>15<< pounds in weight or [[50]] >>27<< cubic feet in volume
250.00 15-6(b)(1), (3) Illegal dumping in an amount exceeding [[100]] >>15<< but less than 500 pounds in weight or [[50]] >>exceeding 27 but less than 100<< cubic feet in volume
[[400.00]]
>>1,000.00<< 15-6(b)(1), (3) Illegal dumping in an amount [[exceeding]]>>of<< 500 pounds >>or more<< in weight or 100 cubic feet >>or more<< in volume, or from a commercial vehicle, or for commercial purposes
[[1,000.00]]
>>2,500.00<<
* * *



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.



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