SR.4 - Revise Encampment Enforcement Procedures

WHEREAS, the City of Miami ("City") owns or maintains public properties that have associated outdoor areas including but not limited to parking areas, greenspaces, lawns, landscaping, terraces, outdoor walkways, courtyards, and similar facilities which are generally open to the public but are not suitable for overnight use for encampments (“public places”); and

WHEREAS, the public places exist for the purpose of facilitating ingress and egress to all buildings and facilities and maintaining attractive and welcomingexteriors to be enjoyed by all members of the public; and

WHEREAS, the unauthorized use of public places for sleeping or camping where the public places are neither intended for nor designed as a camp site, campground, site for temporary human habitation, or sleeping tends to impair, obstruct, or otherwise detract from the use for the Properties’ intended purpose; and

WHEREAS, the act of unauthorized camping on public places tends to endanger the health, safety, and wellbeing of those engaged in such camping as well as the public at large;

NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:

Section 1. The recitals and findings found in the Preamble of this Ordinance are adopted by reference and incorporated as fully set forth in this Section.

Section 2. Chapter 37 of the Code of the City of Miami, Florida, as amended, titled "Offenses-Miscellaneous," ishereby amended in the following particulars:

"CHAPTER 37

OFFENSES-MISCELLANEOUS

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Sec. 37-16. Encampments on public property prohibited.

(a)Definitions.Unless the particular provisions or the context otherwise requires, the

definitions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter.

Code inspectormeans the authorized agent or employee of thecity so designated inchapter 2, article X of the City Code whose duty it is to ensure Code compliance.

Encampment means any one or more of the following:

(1) The unauthorized use of fabric, metal, cardboard, or other materials as a tent or other temporary structure for living accommodation purposes or human habitation;

(2) The unauthorized use of a bed mattress or bedroll in a public place;

(3) The unauthorized use of a heating device in an area; or

(4) The unauthorized accumulation of personal property (other than durable medical

equipment) that would not fit in acontainer three feet (3’) high, three feet (3’) wide, and   three feet (3’) deep.

Departmentmeans thedepartment of human services.

Durable medical equipmentmeans equipment customarily used for medical purposes, able to withstand repeated use, and generally not useful to a person in the absence of illness or injury. Non-exclusive examples of such equipment include wheelchairs, canes, crutches, and portable oxygen tanks.

Heating devicemeans a camp stove, grill, heater, or other container or device capable of generating or containing an open flame.

Policeofficermeansa law enforcement officer as defined in Section 943.10(1), Florida Statutes, as amended.

Public placemeans an outdoor area owned, managed or controlled by the city to which the public has access, including but not limited to public rights-of-way, parks, streets, sidewalks, hiking and biking trails, transit facilities, underpasses, and parking lots.

(b) Prohibitions:

(1)Maintaining anEencampment in a public place in the city is unlawful.

(2) Any person who violates this section shall be punished as provided in section 1-13 of the Code or as a civil violation as set forth inchapter 2, article X of the Code.

(c) Procedure for enforcement.

(1)Apolice officeror code inspectormay issue a citation for aarrest a person in violation of this Article section if prior to issuing the citation the arrest:

a. ​Thepoliceofficer or code inspectorhas tendered a written warning to the personmaintaining anencampment stating that a failure to comply with thecity's prohibition againstencampments may result in the issuance of a citation to the person or in the person's arrest; and The police officer has encountered a person engaged in maintaining an encampment in a public place in the city and has refused the opportunity to voluntarily enter a shelter, shelter bed, or similar facility within Miami-Dade County, or to accept other available government assistance by the department that would result in housing, including, but not limited to, mutually consensual reunification with family or friends in any location, or consensual placement in any other appropriate facility that provides housing within Miami-Dade County.

b.The police officeror code inspector has provided a reasonable timefor the person to pick up his or her belongings and comply with the prohibition, yet the person has not complied. An arrest may not be made if the police officer has verified that a shelter bed or other available government assistance that would result in immediate housing is not available.

c.The written warning required by subsection (c)(1)(i) may be accompanied by written information regarding the availability of medical treatment (including mental health treatment) or social services (including temporary shelter or drug or alcohol rehabilitation). Notwithstanding the foregoing, nothing herein shall be construed to prevent or otherwise prohibit a police officer from arresting a person in violation of this section who is ineligible for shelter placement for any reason including, but not limited to: such person being under the influence of alcohol or drugs; such person having been previously banned from the available shelter; such person’s status as a sexual offender, sexual predator, or domestic violence offender; or any other past or present conduct rendering such person ineligible for placement in a shelter.

(2) ​Apoliceofficer may arrest a person for a violation of this Article section if prior to the

arrest:In the event of an arrest pursuant to this section, the police officer and the Department will follow the established city policies for the handling and storage of the person’s property.

a.​  The police officer has tendered the written warning required by subsection (c)(1)a. of

\[this section\] and has provided a reasonable time for the person to pick up his or her belongings and comply with the prohibition, yet the person has not complied;

b. The police officer has verified that there is an available shelter bed for thepersonand

the person has refused the offer of shelter; and

c. In the event of an arrest pursuant to this section, thepolice officerand the

departmentwill followtheestablishedcitypolicies for the handling and storage ofthe person’s property.

(3) Prior to the enforcement of the provisions in subsections (c)(1)a.-c., a police officer shall

issue a verbal warning to a person maintaining an encampment in violation of this section to inform that a failure to comply with the city's prohibition against encampments may result in the person's arrest and provide a reasonable amount of time for the person to abate his or her encampment.

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Section 3.If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shallnot be affected.

Section 4. This Ordinance shall become effective ten (10) days after final reading and adoption thereof.