§ 8B-18. Requirement To Secure Loose Materials.

(1)

Definitions:

(A)

Severe weather advisory: a tropical storm warning, hurricane watch or hurricane warning.

(B)

Severe weather event: a tropical storm or hurricane.

(C)

Loose Object: any object contained in any outdoor location of any residential, commercial, and industrial property in incorporated and unincorporated Miami-Dade County that may become windborne during a severe weather event including but not limited to outdoor furniture such as chairs and tables, display racks, bicycles, toys, loose debris, bulky waste, gardening supplies, household items, and business or industrial supplies or materials. Loose objects that are covered by the requirements of County Code Section 8-16 relating to Building Code requirements for maintenance of construction sites shall not be governed by this Section and will be governed by Section 8-16 of the County Code.

(2)

Requirement To Secure Loose Objects When Severe Weather Advisory Is Issued

When a severe weather advisory is issued for Miami-Dade County, or any portion thereof, any loose object as defined herein shall be secured by either: (a) storage of such loose object in a building or structure or (b) bracing, bundling or fastening such loose object to a fixed structure or otherwise in a manner sufficient to prevent such loose object from becoming windborne during a severe weather event or in such manner determined by the County or municipal official charged with enforcing this requirement that will prevent such loose object from being windborne during a severe weather event.

(3)

Enforcement; Penalties

(A)

Failure to abide by the provisions of this Section shall be punishable by civil fine in the manner established by Chapter 8CC of this Code, with each day of violation constituting a separate offense. The provisions of this Chapter shall also be enforceable through injunctive relief as a means of protection of the public interest through the exercise of the County's police power, and through any other means available at law.

(B)

This Section shall preempt and supersede any inconsistent municipal ordinance to the same effect.

(C)

Nothing in this Section shall be interpreted to curtail, impede or otherwise affect the discretionary authority of the County in the exercise of its police power, administrative or regulatory functions.

(Ord. No. 06-123, § 1, 9-12-06)