R5W - Clarify Outdoor Decoration Restrictions
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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 AMENDING SECTION 82-74 THEREOF, ENTITLED “PLASTIC-RELATED OR METALLIZED DECORATIONS PROHIBITED AT PUBLIC MARINAS, MARINE FACILITIES, PARKS, AND BEACHES,” IN ORDER TO CLARIFY APPLICABLE RESTRICTIONS ON THE POSSESSION AND USE OF DECORATIONS IN OUTDOOR PUBLIC SETTINGS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
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Cached: 2 weeks agoOrdinances - R5 W
R5 W 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 AMENDING SECTION 82-74 THEREOF, ENTITLED “PLASTIC- RELATED OR METALLIZED DECORATIONS PROHIBITED AT PUBLIC MARINAS, MARINE FACILITIES, PARKS, AND BEACHES,” IN ORDER TO CLARIFY APPLICABLE RESTRICTIONS ON THE POSSESSION AND USE OF DECORATIONS IN OUTDOOR PUBLIC SETTINGS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Applicable Area:
COMMISSION MEMORANDUM
DATE:
| DATE: | October 29, 2025 | 11:20 a.m. First 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 AMENDING SECTION 82-74 THEREOF, ENTITLED “PLASTIC- RELATED OR METALLIZED DECORATIONS PROHIBITED AT PUBLIC MARINAS, MARINE FACILITIES, PARKS, AND BEACHES,” IN ORDER TO CLARIFY APPLICABLE RESTRICTIONS ON THE POSSESSION AND USE OF DECORATIONS IN OUTDOOR PUBLIC SETTINGS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. |
BACKGROUND/HISTORY
The attached Ordinance was prepared at the request of Commissioner Alex J. Fernandez.
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 become litter on beaches, public parks, and other public property and waterways. These materials break down into microplastics that persist for years, harm marine life, and are nearly impossible to remove.
Public beaches, parks, 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.
On September 17, 2025, the Mayor and City Commission adopted Ordinance No. 2025-4774, amending Article III of Chapter 82 of the City Code, entitled “Use of Public Property,” to prohibit the use or possession of plastic-related or metallized decorations in certain outdoor public facilities to deter harmful littering and protect marine ecosystems.
ANALYSIS
The attached ordinance is presented on first reading by the sponsor, Commissioner Alex J. Fernandez, for the consideration of the Mayor and City Commission.
Certain decoration items made of natural materials or reusable, non-consumable plastic or metallized material may not pose a hazard to the marine environment if they are removed from, and do not scatter, fragment, or disperse in, public property during and after use. These decoration items may therefore be permitted on public property, provided that they are used in a sustainable manner and do not cause litter on public property.
The Proposed Ordinance amends Article III of Chapter 82 to create additional defined terms; amend the definition of the term “prohibited decoration item” to mean any consumable plastic or
metallized decoration item, rather than all plastic decoration items; define the term “sustainable decoration item” to mean any decoration made of natural fibers or a non-consumable plastic or metallized decoration item; prohibit the use of sustainable decoration items in a manner that causes them to fragment outdoors or become litter; provide for a written warning for a sustainable decoration item offense; and clarify that penalties levied under this section are separate from, and in addition to, any applicable littering offense under Article II of Chapter 46 of the City Code.
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate? No (FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on: 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
Condensed Title
11:20 a.m. 1st Rdg PH, Plastic Decorations Restrictions. (Fernandez) CA
Previous Action (For City Clerk Use Only