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Item R5I

R5I - Prohibit Plastic Decor at Public Areas

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AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE MIAMI BEACH CITY CODE, ENTITLED “PUBLIC PROPERTY,” BY AMENDING ARTICLE III, ENTITLED “USE OF PUBLIC PROPERTY,” BY AMENDING DIVISION 1, ENTITLED “GENERALLY,” BY CREATING SECTION 82-74 THEREOF, ENTITLED “PLASTIC-RELATED OR METALLIZED DECORATIONS PROHIBITED AT PUBLIC MARINAS, MARINE FACILITIES, PARKS, AND BEACHES,” IN ORDER TO DETER HARMFUL LITTERING AND PROTECT MARINE AND COASTAL WILDLIFE; AND, PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.  

September 17, 2025
Sponsors
City Attorney
Commissioner Alex Fernandez
Commissioner Alex Fernandez
Commissioner David Suarez
Commissioner David Suarez
Commissioner Kristen Rosen Gonzalez
Commissioner Kristen Rosen Gonzalez

Detailed Information

Cached: 1 week ago

Ordinances - R5 I

COMMISSION MEMORANDUM

TO:
Honorable Mayor and Members of the City Commission
FROM:
City Attorney Ricardo J. Dopico
DATE:
September 17, 2025

9:45 a.m. Second Reading Public Hearing

TITLE:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE MIAMI BEACH CITY CODE, ENTITLED “PUBLIC PROPERTY,” BY AMENDING ARTICLE III, ENTITLED “USE OF PUBLIC PROPERTY,” BY AMENDING DIVISION 1, ENTITLED “GENERALLY,” BY CREATING SECTION 82-74 THEREOF, ENTITLED “PLASTIC- RELATED OR METALLIZED DECORATIONS PROHIBITED AT PUBLIC MARINAS, MARINE FACILITIES, PARKS, AND BEACHES,” IN ORDER TO DETER HARMFUL LITTERING AND PROTECT MARINE AND COASTAL WILDLIFE; AND, PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.

RECOMMENDATION

BACKGROUND/HISTORY

ANALYSIS

The attached Ordinance was prepared at the request of Commissioner Alex J. Fernandez. The proposed Ordinance was approved on First Reading at the September 3, 2025, City Commission meeting. No changes have been made between First and Second Reading.

The City has been consistent in its commitment to protect its marine environment and wildlife. Items such as glitter, tinsel, plastic or metallized confetti, sequins, synthetic flower petals, and mylar streamers are lightweight, easily dispersed, and often end up as litter on beaches, parks, and waterways. These materials break down into microplastics that persist for years, harm marine life, and are nearly impossible to remove.

Public beaches, marinas, and marine facilities are especially vulnerable to this pollution, which threatens sensitive species like nesting sea turtles and shorebirds. Non-plastic alternatives, such as reusable décor, natural fibers, and compostable materials, are readily available.

The Proposed Ordinance would amend Article III of Chapter 82 to prohibit the use or possession of plastic-related decorative materials in outdoor public spaces. This proposal builds on Ordinance No. 2024-4590, which banned balloons in similar areas, and aligns with Florida Statute 403.161 prohibiting pollution harmful to people, wildlife, and property.

FISCAL IMPACT STATEMENT

N/A

Does this Ordinance require a Business Impact Estimate? Yes (FOR ORDINANCES ONLY)

If applicable, the Business Impact Estimate (BIE) was published on: 9/5/2025 See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/

FINANCIAL INFORMATION

CONCLUSION

Applicable Area

Citywide

Is this a “Residents Right to Know” item, pursuant to City Code Section 2-17?

Is this item related to a G.O. Bond Project?

No

No

Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No

If so, specify the name of lobbyist(s) and principal(s):

Department

City Attorney

Sponsor(s)

Commissioner Alex Fernandez Commissioner David Suarez

Co-sponsor(s)

Commissioner Kristen Rosen Gonzalez

Condensed Title

9:45 a.m. 2nd Rdg, Prohibit Plastic/Metallized Decorations at Marinas/Parks. (AF/DS/KRG) CA

Previous Action (For City Clerk Use Only)

First Reading Public Hearing on 9/3/2025 - R5 Q

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