Item O043
CM
ounty of onroe
BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers, District 3
Mayor Pro Tem George Neugent, District 2
TheFloridaKeys
Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
April 20, 2016
Agenda Item Number: O.4
Agenda Item Summary #1497
BULK ITEM: DEPARTMENT:
Yes County Attorney's Office
TIME APPROXIMATE:STAFF CONTACT:
Cynthia Hall (305) 292-3470
No
AGENDA ITEM WORDING:
Approval to advertise a Public Hearing to consider approval of an
ordinance adding cigarette butts to the definition of "litter" in Section 21-19 of the Monroe County
Code; creating Section 21-21(D), making it unlawful to deposit cigarette butts; and creating sections
21-22 and 21-23 of the Monroe County Code to define penalties and enforcement.
ITEM BACKGROUND:
As part of its project, Leadership Monroe County Class XXIV asked that
the County Commission consider amending Section 21-19 of the Monroe County Code to add the
words "cigarette butts" to the definition of "litter." Class representatives indicate that the absence of
the term "cigarette butts" in the definition of "litter" leads to confusion as to whether littering
cigarette butts is prohibited by the ordinance.
Section 21-21 of the Monroe County Code prohibits the legal disposal of various types of solid
waste, but the definition of "litter" in Section 21-19 does not currently include cigarette butts. The
Monroe County Solid Waste department recently reported that over one-third of littered items are
cigarette butts.
The City of Key West voted 7-0 to approve a similar ordinance at its March 1, 2016 meeting. That
ordinance imposes a $25 fine provided the citation is paid within 10 days. The penalty provisions in
the Key West ordinance are the same as in this proposed ordinance.
PREVIOUS RELEVANT BOCC ACTION:
At the March 23, 2016 meeting, the BOCC directed staff to bring back an ordinance prohibiting the
unlawful deposit of cigarette butts.
CONTRACT/AGREEMENT CHANGES:
N/A
DOCUMENTATION:
Proposed cigarette butts ordinance without comments
4EGOIX4K
3
Memo, Cigarette Butts Ordinance-signed
Key West Ordinance 16-04
Monroe County Code current sections 21-19 and 21-21
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: approx. $800 (advertising costs)
Current Year Portion:
Budgeted:
Source of Funds: Please see above.
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match
:
Insurance Required:
Additional Details:
None
04/20/16 001-67501 · COUNTY ATTORNEY GENERAL $800.00
advertising costs
STAFF RECOMMENDATION:
Approval to advertise a Public Hearing for May 18, 2016 at 3:00
p.m. in Key West, FL.
REVIEWED BY:
Bob Shillinger Completed 03/31/2016 7:32 PM
Cynthia Hall Completed 03/31/2016 7:32 PM
Kathy Peters Completed 04/05/2016 4:20 PM
Board of County Commissioners Pending 04/20/2016 9:00 AM
4EGOIX4K
3E
ORDINANCE NO. ____ 2016
AN ORDINANCE
-19 OF THE MONROE
COUNTY CODE;
SECTION 21-19 OF THE MONROE COUNTY CODE; CREATING
SECTION 21-21(D) OF THE MONROE COUNTY CODE, MAKING IT
UNLAWFUL TO DEPOSIT CIGARETTE BUTTS IN PUBLIC WAYS;
CREATING SECTION 21-22 OF THE MONROE COUNTY CODE,
PENALTIES; CREATING SECTION 21-23 OF THE MONROE
PROVIDING
FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES IN CONFLICT; PROVIDING FOR INCORPORATION
INTO THE MONROE COUNTY CODE OF ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,
that used cigarette butts contain toxic matter that is primarily comprised of arsenic, nicotine,
1
polycyclic aromatic hydrocarbons and heavy metals; and
WHEREAS
, the Florida Department of Health reports that cigarette butts that are
improperly discarded on streets, into gutters and on sidewalks make their way down storm drains
to the beach and ocean, leaching harmful chemicals into the soil and/or stormwater runoff that
eventually discharges dangerous chemicals into the surrounding waters, including sensitive and
2
unique coral reef and other forms of sea life; and
WHEREAS
, cigarette butts are the most littered item in the world, and in 2009, more
than 3 million cigarettes or butts were picked up internationally in one day alone as part of the
3
International Coastal Cleanup; and
WHEREAS,
theBOCC recognizes that the presence of harmful cigarette butts that
contain these harmful chemicals present a dangerous risk of ingestion by small children and pets
in County parks, playgrounds, and beaches; and
WHEREAS,
the BOCC recognizes that the cost of picking up and disposing these
cigarette butts represents a financial burden that should not be borne by the rest of County
1
Slaughter, T. IXEPto Marine and Freshwater
2
http://www.tobaccofreeflorida.com/current-issues/tobacco-free-beaches-and-parks-the-issue/, last accessed on
March 28, 2015.
3
International Journal of Environmental Research and Public Health, 2009.
14
Page of
Cigarette Butts Ordinance
4EGOIX4K
3E
taxpayers; and
WHEREAS,
the BOCC desires to amend its Code of Ordinances in order to create a ban
on unlawful dropping and depositing of cigarette butts in all public areas of Monroe County.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS
:
[Words added are shown with underlining. Words deleted are shown with strike-
throughs.]
SECTION 1.
-19 of the Monroe County Code is hereby
revised to read as follows:
0MXXIVmeans all garbage, rubbish, garden trash and all waste materials, including but
not limited to cigarette butts, bottles, glass, cans, scrap metal, junk, paper, disposable
packages or container and all other similar materials, and any substance of any kind or
nature that causes a public health, safety or fire hazard or public nuisance.
SECTION 2.
-19 of the Monroe County Code is
hereby revised to read as follows:
4YFPMG[E] means any and all streets, roads, highways, rights-of-way, sidewalks,
parking lots, alleys, piers, bulkheads, boardwalks, lanes, waters or other public way and
any and all public parks, squares, beaches, parks, and any and all recreational facilities
operated by the state, county, federal government or special governmental districts.
SECTION 3.
A new Section 21-21(d) of the Monroe County Code is created, which shall read
as follows:
(d) It shall be unlawful for any person to deposit any used or unused cigarette butt
onto any public way, including but not limited to any beach, park, sidewalk, or
right-of-way. This prohibition shall not apply to the proper disposal of cigarette
butts in properly marked receptacles intended for such purpose.
SECTION 4
. A new Section 21-22
created, which shall read as follows:
Section 21-22. Penalties.
(a) Notwithstanding any other provision of this article, a violation of Section 21-
21(d) shall be punishable by a fine in the amount of $25.00 per occurrence,
payable to the Clerk of Court if paid within 10 days of the citation issuance. If the
person fails to pay the citation within 10 days or fails to appear in court to contest
the violation, the person shall be deemed to have waived the right to contest the
citation, and in such case judgment may be entered against the person, in an
24
Page of
Cigarette Butts Ordinance
4EGOIX4K
3E
amount not to exceed $100.00. In addition, the court may require the violator to
pick up litter or perform other labor commensurate with the offense committed.
(b)Any person who willfully refuses to sign and accept a citation shall be guilty of a
misdemeanor of the second degree, punishable as provided in F.S. § 775.082 or
775.083.
SECTION 5.
A new Section 21-23
created, which shall read as follows:
Section 21-23. Enforcement and Remedies.
(a) The Monroe County Sheriff, his deputies, any municipal police officer and any
other law enforcement or code compliance officer authorized to enforce County
ordinances shall have the duty and authority to enforce the provisions of this
article by means of the issuance of a citation to the alleged violator. The citation
shall contain the following:
(1)The date and time of issuance;
(2)The name, if available, and address of the person to whom the citation was
issued;
(3)The date on which the infraction was occurred;
(4)The name and title of the law enforcement officer or code enforcement
officer;
(5)The procedure for the person to follow in order to pay the penalty or to
contest the citation;
(6)The applicable penalty if the person elects to contest the citation;
(7) A conspicuous statement that if the person fails to pay the penalty within
thirty (30) days, or fails to appear in court to contest the citation, the
person shall be deemed to have waived their right to contest the citation
and that, in such case, judgment shall be entered against the person for the
amount of the citation, plus court costs, recording fees, and any other
charges required by this article.
(b)Notwithstanding any provision of this Chapter, the County may also enforce this
article by actions at law or in equity, and, in the event the County prevails in such
action, the County shall be entitled to an award of its costs and reasonable
SECTION 6. SEVERABILITY.
Should any provision of this Ordinance be declared by a
court of competent jurisdiction to be invalid, the same shall not affect the validity of this
34
Page of
Cigarette Butts Ordinance
4EGOIX4K
3E
Ordinance as whole, or any part thereof, other than the part declared to be invalid. If this
ordinance or any provision thereof shall be held to be inapplicable to any person, property or
circumstances, such holding shall not affect its applicability to any other person, property or
circumstances.
SECTION 7. CONFLICT WITH OTHER ORDINANCES.
All ordinances or parts of
ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict.
SECTION 8. INCLUSION IN THE CODE OF ORDINANCES.
The provisions of this
Ordinance shall be included and incorporated in the Code of Ordinances of the County of
Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered as
needed to conform to the uniform numbering system of the code.
SECTION 9. EFFECTIVE DATE.
This Ordinance shall take effect upon filing with the
Department of State as provided in Section 125.66(2), Florida Statutes.
PASSED AND ADOPTED
by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the ___ day of ______, 2016.
Mayor Heather Carruthers _____
Mayor Pro Tem George Neugent _____
Commissioner Danny L. Kolhage _____
Commissioner David Rice _____
Commissioner Sylvia Murphy _____
SEAL) BOARD OF COUNTY COMMISSIONERS
(
Attest: AMY HEAVILIN, Clerk OF MONROE COUNTY, FLORIDA
By__________________________ By______________________________
Clerk Mayor/Chairperson
44
Page of
Cigarette Butts Ordinance
4EGOIX4K
3F
MEMORANDUM
Office of the Monroe County Attorney
TO: Mayor, County Commissioners, County Administrator
THROUGH:Bob Shillinger, County Attorney
FROM: Cynthia L. Hall, Assistant County Attorney',
DATE: March 29, 2016
SUBJECT: Proposed ordinance prohibiting the unlawful deposit of cigarette butts
At its March 2016 regular meeting, the Board of County Commissioners (BOCC) directed this
office to prepare a proposed ordinance, making unlawful the improper deposit of cigarette butts.
Following is a summary of the proposed ordinance.
B
ACKGROUND
Studies cited in the ordinancehave shown that cigarette butts are the most littered item in the
world. When cigarette butts containing harmful chemicals are left on the ground, there is also
the risk of small children and pets ingesting these harmful chemicals that can have an amplified
effect compared to adults. Studies have also shown that used or unused cigarette butts that are
improperly deposited in parks, on beaches, on sidewalks, and in other areas create an
environmental hazard, because they leach harmful and often carcinogenic chemicals into the
ground and surrounding waters, which in turn, has a negative effect on marine life.
PO
ROPOSED RDINANCE
The proposed ordinance:
Amends the County’s existing anti-littering ordinance to add the words “cigarette butts”
to the definitionof the term “litter;”
Amends the County’s existing ordinance to broaden the definition of a “public way,” to
include highways, rights-of-way, sidewalks and parking lots, in addition to other
locations;
Adds a section specifically making it unlawful for any person to deposit any used or
unused cigarette butts onto any public way;
Adds a penalty clause specific to the deposit of cigarette butts in public ways; and
Adds an enforcement clause, defining who can issue civil citations (law enforcement
officers and code compliance officers) and what must be contained in the citation.
1
4EGOIX4K
3F
Violation of this ordinance can result in issuance of a citation by local law enforcement or code
compliance officers. The citation results in a civil fine in the amount of $25.00, provided it is
paid within 10 days to the Clerk of the Court. A violator can elect to dispute the citation in
County Court. If the violator fails to pay the fine, or fails to request a hearing or appear at the
hearing, judgment can be entered against the violator for an amount not to exceed $100.00. A
violator who willfully refuses to sign and accept the violation may be found guilty of a second
degree misdemeanor, which is punishable by up to 60 days in jail and/or a $500.00 fine.
Although Florida Statute section 386.209 expressly preempts regulation of WQSOMRK to the state
and supersedes any municipal or county ordinance on the subject, the definition of the
“smoking”in the statuteis restricted to “lightedtobacco products.”Therefore, the preemption
on smoking in F.S. 386.209 does not prohibit the County from regulating the unlawful deposit of
unlit cigarette butts.
On March 1, 2016, the Key West City Commission passed an ordinance with the same penalties.
2
4EGOIX4K
3G
ORDINANCE NO.____________
AN ORDINANCE OF THE CITY OF KEY WEST,
FLORIDA, AMENDING CHAPTER 26 ENTITLED
“ENVIRONMENT,” ARTICLE III ENTITLED
“LITTER”, BY AMENDING SECTION 26-161
ENTITLED “DEFINITIONS”, BY ADDING A
DEFINITION OF PUBLIC OR SEMI-PUBLIC
AREAS; ADDING SECTION 26-165 ENTITLED
“UNLAWFUL DEPOSIT OF CIGARETTE BUTTS”;
ADDING 26-166 ENTITLED “PENALTIES”;
PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF INCONSISTENT PROVISIONS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission for the City of Key West
recognizes that used cigarette butts contain toxic
particulate matter (tar) that is comprised largely of
arsenic, nicotine, polycyclic aromatic hydrocarbons and heavy
metals; and
WHEREAS, the City Commission recognizes studies that
have shown the harmful effects of cigarette butts that are
not properly disposed of, including a high likelihood of
leaching these harmful chemicals into the soil and/or the
storm water runoff, that eventually makes its way into the
surrounding waters, including the sensitive and unique coral
reef and sea life; and
WHEREAS, the City Commission recognizes that the
presence of cigarette butts that contain these harmful
Page 1 of 6
4EGOIX4K
3G
chemicals present a dangerous risk of ingestion by pets and
small children in city parks, playgrounds, and beaches; and
WHEREAS, an amendment to the code of ordinances in order
to create a ban on all unlawful deposits of cigarette butts
in public areas of the City of Key West will promote the
health, safety and welfare of the citizens and visitors of
the City of Key West.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF KEY WEST,
FLORIDA:
Section 1: That Section 26-161 of the Code of Ordinances
is hereby amended as follows*:
Sec. 26-161. - Definitions.
The following words, terms and phrases, when used in
this article, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a
different meaning:
Litter
includes all garbage, rubbish, yard waste, and
all waste materials including, but not limited to, bottles,
________________________________________________________________
*(Coding: Added language is underlined; deleted language is struck
through. Added language for second reading is double-underlined;
deleted language is double-struck through.)
Page 2 of 6
4EGOIX4K
3G
glass, cans, scrap metal, junk, paper, disposable packages or
containers and all other similar materials, and any substance
of any kind or nature whatsoever that creates a public health,
safety or fire hazard or a public nuisance.
Public or semipublic area
means any private or public
road, street, highway, right-of-way, lane, alley, parking
lot, parking area, park, beach or open space on which the
public is expressly or implicitly invited to travel by
motor vehicle or pedestrian means or which is otherwise
open for such travel.
Section 2: That Section 26-165 is hereby added to
the Code of Ordinances as follows:
Sec. 26-165 – Unlawful deposit of Cigarette Butts.
It shall be unlawful to deposit any used or unused
cigarette butt onto any public or semi-public areas including
any beach, park, sidewalk, or any right of way. This
prohibition shall not apply to the proper disposal of
cigarette butts in properly marked receptacles intended for
such purpose.
Page 3 of 6
4EGOIX4K
3G
Section 3: That Section 26-166 is hereby added to
the Code of Ordinances as follows:
Sec. 26-166 – Penalties.
Notwithstanding any other provision of this article, a
violation of Sec. 26-165 shall be punishable under Sec. 2-
680 of the Code of Ordinances by a $25.00 fine payable to the
Clerk of Court if paid within 10 days of the citation
issuance. If the person fails to pay the citation within 10
days or fails to appear in court to contest the violation,
the person shall be deemed to have waived the right to contest
the citation, and in such case judgement may be entered
against the person, not to exceed $100.00. Any person who
willfully refuses to sign and accept a citation shall be
guilty of a misdemeanor of the second degree, punishable as
provided in F.S. 775.082 or F.S. 775.083. Citations may be
issued by law enforcement officers, or by code enforcement
officers pursuant to Sec. 2-678
Section 4: If any section, provision, clause,
phrase, or application of this Ordinance is held invalid or
unconstitutional for any reason by any court of competent
jurisdiction, the remaining provisions of this Ordinance
Page 4 of 6
4EGOIX4K
3G
shall be deemed severable therefrom and shall be construed as
reasonable and necessary to achieve the lawful purposes of
this Ordinance.
Section 5: All Ordinances or parts of Ordinances of
said City in conflict with the provisions of this Ordinance
are hereby superseded to the extent of such conflict.
Section 6: This Ordinance shall go into effect
immediately upon its passage and adoption and authentication
by the signature of the presiding officer and the Clerk of
the Commission.
Page 5 of 6
4EGOIX4K
3G
Read and passed on first reading at a regular meeting
held this day of _______________, 2016.
Read and passed on final reading at a regular meeting
held this day of ______________, 2016.
Authenticated by the presiding officer and Clerk of the
Commission on , 2016.
Filed with the Clerk , 2016.
Mayor Craig Cates ________
Vice Mayor Clayton Lopez ________
Commissioner Samuel Kaufmann ________
Commissioner Richard Payne ________
Commissioner Margaret Romero ________
Commissioner Billy Wardlow ________
Commissioner Jimmy Weekley ________
CRAIG CATES, MAYOR
ATTEST:
CHERYL SMITH, CITY CLERK
Page 6 of 6
4EGOIX4K
3H
4EGOIX4K
3H
4EGOIX4K
3H
4EGOIX4K