Miami-Dade Legislative Item
File Number: 171740
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File Number: 171740 File Type: Ordinance Status: Adopted
Version: 0 Reference: 17-66 Control: Board of County Commissioners
File Name: RELATING TO PUBLIC HEALTH TRUST PROHIBITING CERTAIN CONDUCT Introduced: 6/30/2017
Requester: NONE Cost: Final Action: 10/3/2017
Agenda Date: 10/3/2017 Agenda Item Number: 5A
Notes: SEE SUB. 171740. N/C MOTION TO SUSPEND RULES Title: ORDINANCE RELATING TO THE PUBLIC HEALTH TRUST; CREATING SECTION 25A-10 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROHIBITING CERTAIN CONDUCT AT DESIGNATED FACILITIES OF THE PUBLIC HEALTH TRUST, INCLUDING CONDUCT RELATING TO THE PRESERVATION OF PROPERTY; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 171641]
Indexes: CHAPTER 25
Sponsors: Sally A. Heyman, Prime Sponsor
  Audrey M. Edmonson, 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 10/3/2017 5A Adopted P
REPORT: First Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed ordinance into the record. Chairman Bovo opened the public hearing and called for any persons wishing to speak on this item. There being no persons wishing to speak on this item, Chairman Bovo closed the public hearing and the Board proceeded to vote on the item as presented.

Board of County Commissioners 7/18/2017 4B SUBSTITUTE Public Hearing Rescheduled 9/7/2017 P
REPORT: Commissioner Heyman noted, for the record, that on July 6, 2017, the Board adopted the foregoing proposed ordinance on first reading and scheduled the public hearing before the Public Safety and Health Committee on September 13, 2017. She presented a motion requesting the Board's Rules of Procedures be waived to allow the public hearing and second reading of this item to be scheduled for Board of County Commissioner’s meeting of September 7, 2017. This motion was seconded by Commissioner Edmonson, and upon being put to a vote, passed by a vote of 10-0, (Commissioners Barreiro, Monestime and Souto were absent).

County Attorney 7/10/2017 Referred Public Safety & Healthcare Admin Cmte 9/13/2017

Board of County Commissioners 7/6/2017 Tentatively scheduled for a public hearing Public Safety and Health Committee 9/13/2017

Board of County Commissioners 7/6/2017 4B SUBSTITUTE Adopted on first reading 9/13/2017 P
REPORT: County Attorney Abigail Price-Williams read the foregoing proposed ordinance for first reading into the record. Hearing no questions or comments, the Board proceeded to vote to adopt the foregoing proposed ordinance for first reading, as presented. The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Public Safety and Health Committee meeting on Wednesday, September 13, 2017, at 1:30 p.m.

Office of the Chairperson 7/5/2017 Additions

County Attorney 6/30/2017 Referred

County Attorney 6/30/2017 Assigned Eugene Shy

Legislative Text


TITLE
ORDINANCE RELATING TO THE PUBLIC HEALTH TRUST; CREATING SECTION 25A-10 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROHIBITING CERTAIN CONDUCT AT DESIGNATED FACILITIES OF THE PUBLIC HEALTH TRUST, INCLUDING CONDUCT RELATING TO THE PRESERVATION OF PROPERTY; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, the designated facilities of the Public Health Trust (“Trust”) are defined in Chapter 25A-2 of the Code of Miami-Dade County, Florida (“Code”), and in Chapter 73-102, Laws of Florida; and
WHEREAS, the Board desires to maintain the integrity of the campus at the designated facilities of the Public Health Trust and protect and preserve the designated facilities of the Trust in order to ensure the health, safety, and well-being of all workers, patients, and family members at Trust facilities; and
WHEREAS, the Trust is engaging in a program of community awareness regarding the integrity of the grounds of Trust facilities and the importance of the health, safety, and well-being of all workers, patients, and family members at Trust facilities; and
WHEREAS, the Board desires to amend Chapter 25A of the Code of Miami-Dade County, Florida, to create a new section regarding Preservation of Property and Prohibited Conduct at Trust facilities; and
WHEREAS, similar provisions to those set forth in this ordinance are already part of the Code, for the Aviation, Seaport, and Parks, Recreation and Open Spaces Departments; and


WHEREAS, this Board previously has enacted Ordinance No. 10-2010 and Ordinance No. 15-1584, which allow civil citations as a penalty for non-violent misdemeanors; and
WHEREAS, section 1-5 of the Code provides additional penalties for code violations, including civil penalties for non-violent misdemeanors under chapter 8CC of the Code; and
WHEREAS, it is the intent of this Board to allow discretion in enforcement of violations of the Code set forth in this ordinance, including issuance of a warning where appropriate,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 25A-10 of the Code of Miami-Dade County, Florida, is hereby created to read as follows:1
Sec. 25A-10. Prohibited Conduct and Preservation of Property.

(a) General Prohibited Conduct.
(1) It shall be unlawful for any person to remain in or on any area, place or facility at the designated facilities of the Trust, unless such person has a bona fide purpose for being in such area, place or facility, directly related to the normal and regular usage of such area, place or facility, in such a manner as to hinder or impede the orderly passage in or through or the normal or customary use of such area, place or facility by persons or vehicles entitled to such passage or use.

(b) Preservation of Property. No person shall:
(1) Destroy, injure, deface, disturb, or tamper with any building, sign, equipment, fixture, marker, or any other structure or property at the designated facilities of the Trust;
(2) Injure, deface, remove, destroy, or disturb the trees, flowers, shrubs, or other vegetation at the designated facilities of the Trust;
(3) Walk, drive or park on a posted lawn or seeded area of the designated facilities of the Trust; or
(4) Willfully abandon any personal property at the designated facilities of the Trust.
Any person who causes damage to the designated facilities of the Trust shall be held liable for such damage.

(c) Sanitation.
(1) No person shall deposit or drop or place any refuse including bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, tobacco products, or containers of foil upon the ground or on any other property belonging to the designated facilities of the Trust except in receptacles provided for trash disposal.
(2) No person shall deposit into any recycle bin or container any material other than that for which it is intended.
(3) No person shall dump or dispose of any fill, building material or any other material on any designated facilities of the Trust, or in any canal or drainage ditch serving the designated facilities of the Trust; except pursuant to a public works contract that the Trust may have with a vendor or otherwise in accordance with the policies of the Trust.
(4) No person shall use a restroom, toilet or lavatory facility other than in a clean and sanitary manner.
(5) No person shall deposit, blow, or spread any bodily discharge on the ground or pavement anywhere on the designated facilities of the Trust or on any floor, wall, partition, furniture, or any other part of a restroom, or other building or grounds at the designated facilities of the Trust, other than directly into a fixture provided for that purpose.
(6) No person shall place any foreign object in any plumbing fixture of a restroom, or other building or grounds at the designated facilities of the Trust.

(d) Sanitation Pollution of Waters (Fountains).
Using the fountains, drinking fountains, ponds, lakes, streams, bays, or any other bodies of water within the designated facilities of the Trust, or the tributaries, storm sewers, or drains flowing into them, as dumping places for any substance or matter or thing which will or may result in the pollution of said waters is strictly prohibited.

(e) Intoxication.
(1) No person shall drink any intoxicating liquors upon any portion of the designated facilities of the Trust, except in restaurants properly designated by the Trust[[or]]2 >>,<< by lease for on-premises liquor consumption>>, or at events sanctioned and operated by the Trust<<.
(2) No person shall drive under the influence, as defined in section 316.193, Florida Statutes, as amended from time to time, on the designated facilities of the Trust.

(f) Drugs.
(1) No person, other than a duly qualified physician, a certified emergency technician (under the direction of a duly qualified physician or as provided by law), a registered nurse, a duly qualified pharmacist, or other duly qualified professional, shall, while on the designated facilities of the Trust, prescribe or give away any controlled substance as defined from time to time by State or Federal law to another or have such a drug in his possession, with intent to prescribe, sell, or give it away to another. Such persons shall not be authorized to offer to sell or to sell such drugs except pursuant to a permit, license or agreement issued by the County.
(2) No person shall consume, ingest, or use any illegal drugs or illegal substances upon any portion of the designated facilities of the Trust.


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


2 The differences between the substitute and the original item are indicated as follows: Words stricken through and/or [[double bracketed]] shall be deleted, words underscored and/or >>double arrowed<< are added.



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