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2009-30-202 - Prohibiting the Elimination of Bodily Waste in Public City of Miami Gardens Agenda Cover Memo Council Meeting Date: October 28, 2009 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: N/A Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Dr. Danny O. Crew Department: Police Department Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, PROHIBITING THE ELIMINATION OF BODILY WASTE IN PUBLIC; PROVIDING FOR DEFINITIONS; PROVIDING FOR PENALTIES; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. Staff Summary: Since being implemented in December 2007, the Miami Gardens Police Department (MGPD) has consistently responded to calls for service and enforced the laws of the State of Florida as well as Ordinances of the City of Miami Gardens. This enforcement has been done with vigor and success in order to prevent /reduce crime, and provide an environment of safety for our residents and business owners. During this initial implementation, quality of life issues have been at the forefront of complaints from residents and business owners alike. The perception that an area is not safe creates a negative environment and interferes with commerce and resident activity. This proposed ordinance will enhance the opportunity for residents to be secure in their community by prohibiting individuals from urinating and/or defecating in public. The police department routinely fields calls, observes these acts and receives complaints about such behavior. In addition to the negative public health aspect of these actions, many times perpetrators facilitate these activities in front of minor children and others using public transportation or who are attempting to conduct business within the City of Miami Gardens. This type of indecency creates a negative image for those being exposed to these actions and cast a poor light on our community as a whole. Enabling officers to take enforcement action in these instances will curve repeated instances and enhance public safety. ITEM I-2) ORDINANCE SECOND READING/PUBLIC HEARING Prohibiting the elimination of bodily waste in public 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Ordinance Provisions: The ordinance provides that MGPD officers may enforce the ordinance prohibiting urination and/or defecation in public view. The penalty for violation of this ordinance will be punishable by a term not to exceed 60 days in jail and a fine not to exceed $500.00. Recommendation: That the City Council enact the attached ordinance prohibiting urination ad/or defecation in public view. Attachment: None