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HomeMy Public PortalAbout15-17 AMENDING CHAPTER 15 ARTICLE III LITTERING 1 s` Reading: June 10,2015 2°d Reading: July 8, 2015 Public Hearing: July 8, 2015 Adopted: July 8, 2015 Effective Date: July 8, 2015 Sponsor: Commissioner Pinder and Commissioner Kelley ORDINANCE NO. 15-17 AN ORDINANCE OF THE CITY COM1GlISSION OF THE CITY OF OPA-LOCKA, FLORIDA AMENDING CHAPTER 15, ARTICLE III OF THE CITY OF OPA-LOCKA CODE OF ORDINANCES CHAPTER 15, ART. III LITTERING, PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Commission of the City of Opa-locka created Chapter 15, Article III of the Opa-locka Code of Ordinances, relating to littering; and WHEREAS, the City Commission has determined after public input and a study of the issue that an amendment to Art. III is required and desires to amend Chapter 15, Article III. NOW, THEREFORE, BE IT DULY ORDAINED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. Art. III of Chapter 15 of the Opa-locka Code of Ordinances is hereby amended as follows: (1) DECLARATION OF INTENT. It is the intent of the city commission to prevent, in whatever way possible, the abuse of the environment of the city through acts of any persons that are generally classified under the heading of "littering," which severely burden the taxpayers of the city, adversely affect property values and the attractiveness of the community for its citizens, residents and visitors. (2) DEFINITIONS. As used in this ordinance: Aircraft shall mean a motor vehicle or other vehicle that is used or designed to fly but does not include a parachute or any other device used primarily as safety equipment. 1 Ordinance No. 15-17 Commercial Handbill shall mean any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature: (a) Which advertises for sale any merchandise, product, commodity, services, thing; or (b) Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales; or (c) Which directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged for the purpose of private gain or profit; but the terms of this clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition, or event of any kind, when either of the same is held, given or takes place in connection with the dissemination to information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order; provided, that nothing contained in this clause shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition, or event of any kind, without a license, where such license is or may be required by any law of this State or County, or under any Ordinance of this City; or (d) Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor. Commercial purpose shall mean for the purpose of economic gain. Commercial vehicle shall mean a vehicle that is owned or used by a business, corporation, association, partnership, or sole proprietorship or any other entity conducting business for a commercial purpose. Dump shall mean to dump, throw, sweep, discard, place, deposit, or dispose of. Enforcement officer shall mean any officer of the Florida Highway Patrol, a county sheriff's department, a municipal law enforcement department, a law enforcement department of any other political subdivision, or the Fish and Wildlife Conservation Commission. In addition and solely for the purposes of this section, "enforcement officer" shall mean any employee or contractor designated by the city manager as a litter enforcement officer. Designation of such employees or contractors shall not provide the employees or contractors with the authority to bear arms or to make arrests. Litter shall mean any garbage; rubbish; trash; refuse; can; bottle; box; container; paper; tobacco product; tire; appliance; mechanical equipment or part; building or construction material; tool; machinery; wood; motor vehicle or motor vehicle part; vessel; aircraft; farm machinery or equipment; sludge from a waste treatment facility, water supply treatment plant, or air pollution control facility; or substance in any form resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. Motor vehicle shall mean an automobile, motorcycle, truck, trailer, semitrailer, truck tractor, or semitrailer combination or any other vehicle that is powered by a motor. Newspaper shall mean any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States, in accordance with Federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four issues per year, and distributed. Ordinance No. 15-17 Non-Commercial Handbill shall mean any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a commercial handbill or newspaper. This excludes legal documents such as tickets, summons, subpoenas, etc. Person shall mean any individual, firm, sole proprietorship, partnership, corporation, or unincorporated association. Private premises shall mean any dwelling, house, building, or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure within the city. Public place shall mean any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds, and buildings. Motor vehicle shall mean an automobile, motorcycle, truck, trailer, semi-trailer, truck tractor, or semi-trailer combination or any other vehicle that is powered by a motor. Refuse shall mean all putrescible and non-putrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes. Rubbish shall mean non-putrescible solid wastes consisting of both combustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, all horticulture debris, wood, glass, bedding, crockery and similar materials. Vessel shall mean a boat, barge, or airboat or any other vehicle used for transportation on water. (3) RESPONSIBILITY OF CITY. The city manager shall determine the training and qualifications of any employee or any contractor designated to enforce the provisions of this section if the designated employee or contractor is not a regular law enforcement officer. (4) DUMPING LITTER PROHIBITED. Unless otherwise authorized by law or permit, it is unlawful for any person to dump litter in any manner or amount: (a) In or on any public highway, road, street, alley, or thoroughfare, including any portion of the right-of-way thereof, or any other public lands, except in public receptacles or authorized private receptacles provided therefor. When any litter is dumped from a motor vehicle, the operator or owner of the motor vehicle, or both, shall be deemed in violation of this ordinance; (b) In or on any freshwater lake or canal. When any litter is dumped from a boat, the operator or owner of the boat, or both, shall be deemed in violation of this section; or (c) In or on any private property, unless prior consent of the owner has been given and unless the dumping of such litter by such person will not cause a public nuisance or otherwise be in violation of any other state, county or city law, rule, or regulation. (d) In a manner that, when placed in public receptacles or authorized private receptacles, allows the litter to be carried or deposited by the elements upon the street, sidewalk or other public place or upon private property; (e) Sweep into any gutter, street or other public place within the city the accumulation of litter from any building or lot or from any public or private sidewalk or driveway; (f) To drive or move within the city any motor vehicle which is constructed or loaded in such a way as to allow the load, contents or litter to be blown or deposited upon any street, alley or other public place. Ordinance No. 15-17 (g) Throw, deposit or place any commercial or non-commercial handbill in or upon any motor vehicle without the expressed consent of the driver or occupant of a motor vehicle who is willing to accept it. (5) DUMPING RAW HUMAN WASTE PROHIBITED. Unless otherwise authorized by law or permit, it is unlawful for any person to dump raw human waste from any train, aircraft, motor vehicle, or vessel upon the public or private lands or waters of the city. (6) DISTRIBUTING COMMERCIAL AND NON-COMMERCIAL HANDBILLS AT INHABITED PRIVATE PREMISES. It is unlawful to throw, deposit or distribute any commercial or non-commercial handbill in or upon private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant, or other person then present in or upon such private premises. However, in case of inhabited private premises such person, unless requested by anyone upon such premises to do so, may place or deposit any such handbill in or upon such inhabited private premises, if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets, or other public places, and except that mailboxes may not be so used when so prohibited by Federal postal law or regulations. (a) Exemption for Mail and Newspapers. The provisions of this ordinance shall not apply to the distribution of mail by the United States, nor to newspapers (as defined herein) except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. (6) ENFORCEMENT. A law enforcement officer is authorized to issue a citation to a person, based upon personal investigation, in which the officer has reasonable cause to believe that the person has committed a civil infraction in violation of this ordinance. PENALTIES. I. Any person, who dumps litter in violation of subsection (4) in an amount not exceeding 15 pounds in weight, or 27 cubic feet in volume, is guilty of the following civil and criminal penalties: Civil Penalties —Shall be as follows: 1. A non-criminal infraction, punishable by a civil penalty of fifty dollars ($50.00) for a first violation. 2. A non-criminal infraction, punishable by a civil penalty of two hundred and fifty dollars ($250.00) for a second violation. 3. A non-criminal infraction, punishable by a civil penalty of five hundred dollars ($500.00) for a third violation. 4. All fines are encouraged to be converted to community service time. Criminal Penalties - The fourth and all subsequent violations of the provisions of this ordinance shall be as follows: 1. Five hundred dollar($500.00) fine; and/or 2. Imprisonment of up to ten (10) days; and/or 3. Community service time as prescribed Florida Statutes. 4. In addition, the court may require the violator to pick up litter or perform other labor commensurate with the offense committed. Ordinance No. 15-17 II. Any person who dumps litter in violation of subsection (4) in an amount exceeding 15 pounds in weight or 27 cubic feet in volume, but not exceeding 100 pounds in weight or 180 cubic feet in volume is guilty of a misdemeanor of the first degree, punishable as provided in Florida Statute 775.082 or 775.083. In addition, the court shall require the violator to pick up litter or perform other community service commensurate with the offense committed. Further, if the violation involves the use of a motor vehicle, upon a finding of guilt, whether or not adjudication is withheld or whether imposition of sentence is withheld, deferred, or suspended, the court shall forward a record of the finding to the Department of Highway Safety and Motor Vehicles, which shall record a penalty of three points on the violator's driver license pursuant to the point system established by Florida Statute 322.27. III. Any person who dumps litter in violation of subsection (4) in an amount exceeding 100 pounds in weight or 180 cubic feet in volume or dumps litter which is a hazardous waste as defined in Florida Statute 403.703, is guilty of a felony of the third degree, punishable as provided in Florida Statute 775.082 or 775.083. In addition, a motor vehicle, vessel, aircraft, container, crane, winch, or machine used to dump litter that exceeds 100 pounds in weight or 180 cubic feet in volume is declared contraband and is subject to forfeiture in the same manner as provided in Florida Statute 932.703 and 932.704. IV. Any person who violates the provisions of subsection (5) is guilty of a misdemeanor of the second degree, punishable as provided in Florida Statute 775.082 or 775.083; provided, however, that any person who dumps more than 100 pounds or more than 180 cubic feet of raw human waste, or who dumps any quantity of such waste for commercial purposes, is guilty of a felony of the third degree, punishable as provided by paragraph (c). In addition to, and not in limitation of the provisions of this section, the provisions of Section 403.413, Florida Statutes, also known as the "Florida Litter Law," as amended from time to time, is hereby added to this Code of Ordinances and incorporated by reference herein. The city commission would also respectfully suggest to the judges of those courts trying persons for violations of the "Florida Litter Law" that the provisions of Chapter 948, Florida Statutes, "Probation," be utilized liberally in order to require such persons to expend appropriate amounts of time and effort gathering up litter at places within the city designated by the court. PRESUMPTION WHERE MOTOR VEHICLE IS THE SOURCE: In any prosecution charging a violation of this article by the throwing, discarding, placing or depositing of litter in any manner or amount whatsoever in or on any public highway, road, street, alley, thoroughfare or any other public lands, by, through or from a motor vehicle, proof that the particular vehicle described in the complaint was the source of the litter so discarded, together with proof that the defendant named in the complaint was at the time of such violation the registered owner of such a vehicle, shall constitute in evidence a presumption that the registered owner of such vehicle was the person who committed the violation of this article. Said presumption may be rebutted by substantial evidence on the part of said owner. NUIDANCE DECLARED: In addition to, and not in limitation of any enforcement action for violation of this article, it is the intent of the city commission to declare the littering of the city, as hereinbefore described and prohibited, as a public nuisance and to subject violators of this section to the provisions of chapter 14 of this Code calling for removal of such a public nuisance through notice, hearing and a lien enforcement procedure if the city so chooses to remedy the prohibited condition. Any action taken pursuant to this section utilizing the provisions of chapter 14 shall be considered cumulative and in addition to penalties and other remedies provided elsewhere in this Code. Ordinance No. 15-17 Section 3 All ordinances or Code provisions in conflict herewith are hereby repealed. Section 4. If any section, subsection, sentence, clause,phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. CODIFICATION. This Ordinance shall be codified in the Code of Ordinances when the code is recodified. Section 6. EH-ECTIVE DATE. This Ordinance shall upon adoption, become effective immediately. PASSED AND ADOPTED this 8`h day of July, 2015. Tyra °v. Taylor Mayor Attest to: Approved as to form and legal sufficiency: Jo.; a Flores Vincent T. Brown City Clerk The Brown Law Group City Attorney Moved by: COMMISSIONER PINDER Seconded by: COMMISSOINER KELLEY Commissioner Vote: 4-0 Commissioner Kelley: YES Commissioner Pinder: YES Commissioner Santiago: YES Vice Mayor Holmes: NOT PRESENT Mayor Taylor: YES 14ND I _ ND MiamiHerald.com I MIAMI HERALD MIAMI SPRINGS `T B .. City agrees to `major CITY OF OPA-LOCKA,FLORIDA repairs' at Curtiss Mansion NOTICE TO THE PUBLIC NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka,Florida BY THEO KARANTSALIS sion remains open,safe and to settle"all claims"regard- will hold a public hearing at its Regular Commission Meeting on Wednesday,July 8,2015 Special to the Miami Herald available to rent for wed- ing the Curtiss Mansion with at 7:00 p.m.in the Auditorium at Sherbondy Village,215 President Barack Obarna(Perviz) Miami Springs council dings,quinceneras,meetings, RJ. Heisenbottle Architects .Avenue.Opa-locka,Florida to consider the following items: members have voted tumid- birthdays or any special day P.A.,Douglas Wood Associ- SECONO READING ORDINANCES/PUBLIC HEARING: mously to execute a settle- you wish to celebrate with ates,and Carivon Construc- ment agreement to conduct friends and family." tion Co.The parties"deny AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- "major repairs"at the Curtiss Ayearandahalflater,city any allegation of any wrong- LOCKA,FLORIDA,AMENDING CHAPTER 2,ARTICLE XIV,SECTIONS Mansion,500 Deer Run Dr. attorney Jan Seiden told the doing,"states the settlement 2-653 —2-658 OF THE CITY OF OPA-LOCKA CODE OF ORDINANCES About one year after the council on June 22: "For agreement CHAPTER 2,ADMINISTRATION,ESTABLISHING A SCHEDULE OF FEES; mansion reopened its doors some time now,the Curtiss The pueblo-style home, PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR in April 2012,it started fall- Mansion has experienced built in1925,was once home warranty issues involving to Glenn Curtiss, who is CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND mg apart The city quickly sent the the wood,the timbers there credited with building Mia- CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE (first reading architect,engineer and con- have been rotted out,some miSprings,aswellasneigh- held on June 10,2015).Sponsored by L.S. tractor notice of the man- have been replaced and now boring Hialeah and Opa- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF sion's "premature rotting, major repairs need to be locks. The home burned OPA-LOCKA, FLORIDA, AMENDING THE RATES FOR SOLID cypress timbers in te failure of done." downinthe1970s cypress timbers in the col- The costs of repairs re- 1n1998,the nonprofit Cur- WASTE COLLECTION SERVICES; PROVIDING FOR CONFLICT AND ttmns,balcony,railings and main unknown,Seiden said tics Mansion Inc was REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; trellis" areas, a notice of Friday,when asked by the formed and tasked with rais- PROVI DING FOR AN EFFECTIVE DATE(first reading held on June 10,2015). claim filed by the city Feb.11, Miami Herald how much it ing money to.rebuild the Sponsored hn C.A.I. 2014,shows. would cost to replace the historic home, which reo- That month, the city of rotted wood at the mansion. pened in 2012."This all-vol- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF Miami Springs and the non- "No real dollars involved," unteer group raised more OPA-LOCKA, FLORIDA, AMENDING CHAPTER XIII,ARTICLE V OF profit group that runs the Seidensaid."The insurers re- than$45 million for this ef- THE CITY OF OPA-LOCKA CODE OF ORDINANCES REGULATING Curtiss Mansion jointly is- sponsible for the architect, fort,"according to the city of COIN OPERATED DEVICES; PROVIDING FOR INCORPORATION OF sued a news release that engineer and contractor are Miami Springs website. RECITALS;PROVIDING FOR CONFLICT AND REPEALER;PROVIDING stated,in part:"The Curtiss picking up the costs." "The work will start on FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN Mansion in Miami Springs is The Miami Springs City Aug.l7 and be concluded be- EFFECTIVE DATE(first reading held on June 10,2015).Sponsored by af.T not falling down.The Man- Council voted 5-0 on June 22 fore Sept.21,"Seiden said. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA,FLORIDA,AMENDING CHAPTER 11,ARTICLES I THROUGH KEEPING KIDS FIT IV AND ADDING ARTICLE V OF THE.CITY OF OPA-LOCKA CODE OF ORDINANCES CHAPTER II,GARBAGE AND TRASH; PROVIDING FOR Keep kids healthy outside this summer INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; •OUTDOORS,FROM 12ND s,are at higher risk of injury Even fireworks that seem PROVIDING FOR AN EFFECTIVE DATE(first reading held on June 10,2015). and death than motor vehi- kid-friendly,like sparklers, Sponsored Pr PP structions on the product cle passengers.To enjoy can reach temperatures AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- labeL Apply only on ex- biking safely: over 1,000 degrees and put posed skin and outside of •Always wear a helmet. kids at risk for severe LOCKA,FLORIDA,AM ENDING CHAPTER 15,ARITCLE III OF THE CITY clothing.Do not use prod- Develop the"helmet habit," burns.Here is the only tip OF OPA-LOCKA CODE OF ORDINANCES CHAPTER 15,ARTICLE III ucts that combine sun- where your kids wear a you need to enjoy LITTERING,PROVIDING FOR CONFLICT AND REPEALER;PROVIDING screen and insect repellent helmet every bike ride,no fireworks: FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN into one. matter how close they are EFFECTIVE DATE(first reading held on June 10,2015).Sponsored by TP •If using repellent con- to home. Priyanka Mehrotra is a tailing DEET,make sure it FIREWORKS SAFETY fourth-year medical student Additional information on the above items may be obtained in the Office of the City Clerk, contains less than 30 per- in the MD-MPH program 3400 NW 135th Street,Bldg.B,Opa-lncka,Florida All interested persons are encouraged to cent DEET. One of the most iconic and Julia Belkowitz,M.D.,is attend this meeting and will be heard with respect to the public hearings. •Insect repellent should summer celebrations is the assistant professor ofclin- PURSUANT TO FS 286.0105:Asiatic alto desires to appeal any decision prude by any bond, not be used in kids less Fourth of July.However, ical pediatrics and Assistant agency.or cunottission with respect to am matter considered at such meeting or hearing will than two months of age. this day is especially dan- Regional Dean for Student need a record a/the proceedings,and f>r that reason,may need to ensure that a verbatim gerous because of injuries Affairs at the University of BIKE SAFETY record u/the procecdi,tgs is made.which record includes the te.svrnio,iy and evidence span related to home fireworks, Miami Miller School of which the appeal may he based. Biking is a great way to especially among children. Medicine.For more infor- ,IO.ANNA FLORES,CMC get around and exercise in Hands,eyes and faces are motion,visit UHealth CITY CLERK the summer days.However, among the most common System,com/patients/ bicyclists,especially kid- sites of fireworks injuries. pediatrics.