SR.1 - Amend Public Urination Defecation Ordinance
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AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 37 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, (“CITY CODE”) TITLED "OFFENSES -- MISCELLANEOUS," MORE PARTICULARLY BY AMENDING SECTION 37-11 OF THE CITY CODE TITLED "PUBLIC URINATION OR DEFECATION PROHIBITED; EXCEPTIONS; PENALTIES" PROVIDING FOR REVISED DEFINITIONS, PROHIBITED ACTS, AND REPEALING EXCEPTIONS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
June 11, 2026
Sponsors
Higgins
King
Gabela
Pardo
Escalona
Rosado
Vote Details
ADOPTED
Motion to: Adopt
Mover: Rolando Escalona, Commissioner
Seconder: Ralph "Rafael" Rosado, Commissioner
Ayes (5):
King, Gabela, Pardo, Escalona, Rosado
Enactment Number: 14472
Department: Commissioners and Mayor
Category: Elected Official Item
WHEREAS, public urination or defecation is injurious to public health, safety, and welfare; and
WHEREAS, the City Commission has a substantial interest in protecting the health, safety, and welfare of the residents of the City of Miami ("City") and a clear and unambiguous prohibition against urination or defecation in public places is a reasonable means of achieving that goal; and
WHEREAS, the City Commission finds that this Ordinance promotes and protects the general health, safety, and welfare of the residents of the City;
NOW THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as fully set forth in this Section.
Section 2. Chapter37 of the Code of the City of Miami, Florida, as amended ("City Code"), titled "Offenses -Miscellaneous", is amended in the following particulars:
"CHAPTER 37
OFFENSES -MISCELLANEOUS
\* \* \*
Sec. 37-11. - Public urination or defecation prohibited; exceptions; penalties.
(a)Purpose. Public urination and/or defecation is found to be a public nuisance and
detrimental to the health, safety, and welfare of the city and its inhabitants. It is the intent of this section to protect and preserve the health, safety, and welfare of the citizens of the city by prohibiting urination and/or defecation by any person in any public place as defined herein.
(b) Definitions. For purposes of this section, the following words shall be defined as
provided herein:
Defecate or defecation, as used in this section, means to excrete waste from the body from a person's bowels.
Persons with impairments means a disability, unrelated to the ingestion of alcohol, illegal substances, or substances not prescribed to the particular person ingesting them, which renders a person unable to control his or her bodily functions of urination and/or defecation.
In plain view of the public means where such act may be readily observed by a member of the public.
Public place means any street, highway, right-of-way, alley, parking lot, driveway, sidewalk, boulevard, park, beach, wharf, pier, bridge, mall, or other place, whether public or private, which is open to the public. As used in this section, "public place" does not include a place designated for use as a urinal or a toilet such as, but not limited to, a restroom or portable toilet.
Urinate or urination, as used in this section,means to pass or discharge urine excreted by the kidneys from the body.
(c) Prohibited acts. It is unlawful for any person:
(1) To urinate in any public place that has not been designated for use as a urinal or toilet.To intentionally urinate or defecate in plain view of the public on any public place in the city.
(2) To defecate in any public place that has not been designated for use as a toilet.This section shall not apply to urinating or defecating in any restroom facility in a manner for which that facility was designed.
(3) Exceptions. Subsections (c)(1) and (c)(2) shall not apply to children under five years old or to persons with impairments as defined in this section.
(d) Penalty. Any person violating any of the provisions of this section shall be subject to the
penalty as provided in section 1-13 of the City Code.
\* \* \*
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 shall not be affected.
Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.
WHEREAS, the City Commission has a substantial interest in protecting the health, safety, and welfare of the residents of the City of Miami ("City") and a clear and unambiguous prohibition against urination or defecation in public places is a reasonable means of achieving that goal; and
WHEREAS, the City Commission finds that this Ordinance promotes and protects the general health, safety, and welfare of the residents of the City;
NOW THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as fully set forth in this Section.
Section 2. Chapter37 of the Code of the City of Miami, Florida, as amended ("City Code"), titled "Offenses -Miscellaneous", is amended in the following particulars:
"CHAPTER 37
OFFENSES -MISCELLANEOUS
\* \* \*
Sec. 37-11. - Public urination or defecation prohibited; exceptions; penalties.
(a)Purpose. Public urination and/or defecation is found to be a public nuisance and
detrimental to the health, safety, and welfare of the city and its inhabitants. It is the intent of this section to protect and preserve the health, safety, and welfare of the citizens of the city by prohibiting urination and/or defecation by any person in any public place as defined herein.
(b) Definitions. For purposes of this section, the following words shall be defined as
provided herein:
Defecate or defecation, as used in this section, means to excrete waste from the body from a person's bowels.
Persons with impairments means a disability, unrelated to the ingestion of alcohol, illegal substances, or substances not prescribed to the particular person ingesting them, which renders a person unable to control his or her bodily functions of urination and/or defecation.
In plain view of the public means where such act may be readily observed by a member of the public.
Public place means any street, highway, right-of-way, alley, parking lot, driveway, sidewalk, boulevard, park, beach, wharf, pier, bridge, mall, or other place, whether public or private, which is open to the public. As used in this section, "public place" does not include a place designated for use as a urinal or a toilet such as, but not limited to, a restroom or portable toilet.
Urinate or urination, as used in this section,means to pass or discharge urine excreted by the kidneys from the body.
(c) Prohibited acts. It is unlawful for any person:
(1) To urinate in any public place that has not been designated for use as a urinal or toilet.To intentionally urinate or defecate in plain view of the public on any public place in the city.
(2) To defecate in any public place that has not been designated for use as a toilet.This section shall not apply to urinating or defecating in any restroom facility in a manner for which that facility was designed.
(3) Exceptions. Subsections (c)(1) and (c)(2) shall not apply to children under five years old or to persons with impairments as defined in this section.
(d) Penalty. Any person violating any of the provisions of this section shall be subject to the
penalty as provided in section 1-13 of the City Code.
\* \* \*
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 shall not be affected.
Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.
Fiscal Impact
N/A