SR.4 - Regulate Conduct at Transit Shelters
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AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (“CITY CODE”), TITLED “STREETS AND SIDEWALKS,” BY CREATING SECTION 54-19 OF THE CITY CODE, TITLED “TRANSIT SHELTERS; USE AND CONDUCT,” PROVIDING DEFINITIONS AND PROHIBITED CONDUCT AT TRANSIT SHELTERS; PROVIDING FOR ENFORCEMENT PURSUANT TO CHAPTER 2, ARTICLE X OF THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
May 14, 2026
Sponsors
Higgins
King
Gabela
Pardo
Escalona
Rosado
Vote Details
ADOPTED
Motion to: Adopt
Mover: Christine King, Commissioner
Seconder: Miguel Angel Gabela, Commissioner
Ayes (5):
King, Gabela, Pardo, Escalona, Rosado
Enactment Number: 14462
Department: Commissioners and Mayor
Category: Elected Official Item
WHEREAS, Chapter 54 of the Code of the City of Miami, Florida, as amended (“City Code”), titled “Streets and Sidewalks,” regulates the use of streets, sidewalks, and public rights-of-way within the City of Miami (“City”); and
WHEREAS, bus stops, bus shelters, trolley stops, and other transit shelters located within the City are intended to provide temporary seating and weather protection for individuals awaiting public transportation; and
WHEREAS, such transit shelters are limited public facilities designed for short-term occupancy and must remain accessible for their intended use; and
WHEREAS, the use of transit shelters as places of dwelling or living accommodation interferes with accessibility, sanitation, and the safe use of public transportation infrastructure; and
WHEREAS, the City Commission finds it necessary to regulate conduct at transit shelters to ensure their availability and functionality for the public;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble of this Ordinance are adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 54 of the City Code is amended by creating a new section, to read as follows:
“CHAPTER 54
STREETS AND SIDEWALKS
\*\*\*
Sec. 54-19. - Transit shelters; use and conduct.
(a) Purpose. Transit Shelters located within the City are intended to provide temporary accommodation, seating and protection from weather conditions for members of the public of awaiting public transportation. Such facilities shall remain accessible for their intended public transit use.
(b) Transit Shelter. Any public transit facility, including but not limited to, a bus stop, bus shelter, trolley stop, bus bench, other structure or seating area located within a public right-of-way that is intended to provide accommodation or weather protection for members of the public awaiting public transportation.
(c) Prohibited conduct. It shall be unlawful for any person to engage in conduct at, within or upon a Transit Shelter that interferes with the intended public transit use of the facility except for an imminent medical emergency, including but not limited to:
(1) Using a Transit Shelter as a living accommodation, including lodging, residing, or otherwise occupying the Transit Shelter as a place of dwelling;
(2) Placing bedding, blankets, sleeping bags, mats, cardboard, or similar materials at, within or upon a Transit Shelter for the purpose of establishing or maintaining a living accommodation;
(3) Storing personal belongings at, within or upon a Transit Shelter in a manner that obstructs seating, interferes with pedestrian access, or prevents use of the Transit Shelter for members of the public awaiting public transportation;
(4) Lying across benches or seating areas in a manner that obstructs or prevents use of the Transit Shelter for members of the public awaiting public transportation;
(5) No person shall urinate or defecate at, within, or upon a Transit Shelter, including the immediate surrounding public right-of-way. This subsection shall be enforced in a manner consistent with Section 37-11 of the City Code and shall not be construed to create a separate or additional offense;
(d) Enforcement. Any violation of the provisions of this subsection are subject to enforcement pursuant to Chapter 2, Article X of the City Code, as amended, and may result in a citation. An authorized enforcement officer may provide a verbal warning that the prohibited conduct cease prior to issuing a citation. No one method of enforcement shall preclude any other remedy available at law or in equity, including injunctive relief.
(e) Nothing in this subsection shall be construed to prohibit the members of the public from sitting, standing, or otherwise using a Transit Shelter for the purpose of awaiting public transportation.
Secs. 54-1920 \- 54-40. Reserved.”
Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 5. This Ordinance shall become effective immediately after final reading and signature of the Mayor.
WHEREAS, bus stops, bus shelters, trolley stops, and other transit shelters located within the City are intended to provide temporary seating and weather protection for individuals awaiting public transportation; and
WHEREAS, such transit shelters are limited public facilities designed for short-term occupancy and must remain accessible for their intended use; and
WHEREAS, the use of transit shelters as places of dwelling or living accommodation interferes with accessibility, sanitation, and the safe use of public transportation infrastructure; and
WHEREAS, the City Commission finds it necessary to regulate conduct at transit shelters to ensure their availability and functionality for the public;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble of this Ordinance are adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 54 of the City Code is amended by creating a new section, to read as follows:
“CHAPTER 54
STREETS AND SIDEWALKS
\*\*\*
Sec. 54-19. - Transit shelters; use and conduct.
(a) Purpose. Transit Shelters located within the City are intended to provide temporary accommodation, seating and protection from weather conditions for members of the public of awaiting public transportation. Such facilities shall remain accessible for their intended public transit use.
(b) Transit Shelter. Any public transit facility, including but not limited to, a bus stop, bus shelter, trolley stop, bus bench, other structure or seating area located within a public right-of-way that is intended to provide accommodation or weather protection for members of the public awaiting public transportation.
(c) Prohibited conduct. It shall be unlawful for any person to engage in conduct at, within or upon a Transit Shelter that interferes with the intended public transit use of the facility except for an imminent medical emergency, including but not limited to:
(1) Using a Transit Shelter as a living accommodation, including lodging, residing, or otherwise occupying the Transit Shelter as a place of dwelling;
(2) Placing bedding, blankets, sleeping bags, mats, cardboard, or similar materials at, within or upon a Transit Shelter for the purpose of establishing or maintaining a living accommodation;
(3) Storing personal belongings at, within or upon a Transit Shelter in a manner that obstructs seating, interferes with pedestrian access, or prevents use of the Transit Shelter for members of the public awaiting public transportation;
(4) Lying across benches or seating areas in a manner that obstructs or prevents use of the Transit Shelter for members of the public awaiting public transportation;
(5) No person shall urinate or defecate at, within, or upon a Transit Shelter, including the immediate surrounding public right-of-way. This subsection shall be enforced in a manner consistent with Section 37-11 of the City Code and shall not be construed to create a separate or additional offense;
(d) Enforcement. Any violation of the provisions of this subsection are subject to enforcement pursuant to Chapter 2, Article X of the City Code, as amended, and may result in a citation. An authorized enforcement officer may provide a verbal warning that the prohibited conduct cease prior to issuing a citation. No one method of enforcement shall preclude any other remedy available at law or in equity, including injunctive relief.
(e) Nothing in this subsection shall be construed to prohibit the members of the public from sitting, standing, or otherwise using a Transit Shelter for the purpose of awaiting public transportation.
Secs. 54-1920 \- 54-40. Reserved.”
Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 5. This Ordinance shall become effective immediately after final reading and signature of the Mayor.
Fiscal Impact
N/A