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Home My WebLink About2006-3512 Ordinance ORDINANCE NO. 2006-3512 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE CITY CODE; ADDING A NEW SECTION 70-404 ENTITLED "ADDITIONAL RESTRICTIONS", MAKING IT UNLAWFUL FOR PERSONS CONVICTED OF VIOLATION OF SECTIONS 794.01, 800.04, 827.011, OR 847.0145, FLORIDA STATUTES, TO BE PRESENT IN A PARK OR CHILD CARE FACILITY UNDER SPECIFIED CIRCUMSTANCES WITH EXCEPTIONS; SETTING A PENALTY; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission adopted Ordinance #2005-3685 effective June 18, 2005, establishing distance separation between the residences of persons convicted of specific sexual offenses and a school, public school bus stop, day care center park, playground or other places where children regularly congregate; and; and WHEREAS, in the interests of protection of children who attend parks or child care facilities, it is necessary to adopt additional regulations. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Chapter 70 of the City Code is amended by adding a new Section 70-404 to read: Sec. 70-404. Additional Restrictions. ill} It is unlawful for persons who have been convicted of a violation of Sections 794.011. 800.04, 827.011 or 847.0145 to knowingly be present in a County or municipal park, when a child under the age of sixteen (16) years is present, unless the sexual offender or sexual predator is the parent or legal guardian of a child present in the park. fQ} Signage at the entrance of a County and municipal parks shall include notification that a person convicted of a violation of Sections 794.01. 800.04, 827.011 or 847.0145, Florida Statutes shall not be present in a park when a child under the age of sixteen (16) years is present, unless said convicted person is the parent or legal guardian of a child present in the park. W It is unlawful for such convicted person to knowingly enter or remain in a child care facility ("facility") or on its premises unless said person: ill Is dropping off or picking up a child registered at the facility and is the parent or legal guardian of said child and ill Remains under the supervision of a facility supervisor or his or her designee while on the facility premises. @ Penalties. A person who violates Section 70-404 (a) or (c) herein shall be punished by a fine not to exceed $500.00 or imprisonment in the County iail for not more than 60 days, or by both such fine and imprisonment. A person who is convicted of a second or subsequent violation of Section 70-404 (a) or )c) herein shall be punished by a fine not to exceed $1.000.00 or imprisonment in the County iail for not more than 364 days, or by both such fine and imprisonment. SECTION 2. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY If any section, subsection or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. CODIFICATION It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 5. EFFECTIVE DATE PASSED AND ADOPTED this 11 th day of MAYOR David Dermer This ordinance shall take effect on the 21st day of April ~6 fAA~ CITY CLERK Robert Parcher MHD:lm F:\atto\DUBM\ORDINANC\sexualoffenamend.doc APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~ ~ ..~O "0' Date 2 OFFICE OF THE CITY ATTORNEY ~ tlJ/dom; 1Jeum F L o R o A MURRAY H. DUBBIN City Attorney Telephone: Telecopy: (305) 673-7470 (305) 673-7002 COMMISSION MEMORANDUM SECOND READING DATE: APRIL 11,2006 TO: MAYOR DAVID DERMER MEMBERS OF THE CITY COMMISSION FROM: MURRAY H. DUBBIN W",,- CITY ATTORNEY JORGE M. GONZALEZ, \ I~ CITY MANAGER (). () SUBJECT: AMENDEMENT TO ORDINANCE NO. 2005-3685 Pursuant to a request of Commissioner Steinberg, I am transmitting herewith a proposed ordinance providing additional restrictions for the activity of persons convicted of certain sex crimes. This proposed Ordinance supplements Ordinance No. 2005-3685 which was effective June 18,2005 and prohibits persons convicted of violations of Sections 794.011, 800.04, 827.011 or 847.0145 to knowingly be present in a park where a child under the age of 16 is also present, with some exceptions. It also prohibits such convicted person from entering or remaining in a childcare facility, also with some exceptions. The Ordinance also contains penalties. MHD:lm Enc1. Agenda Item 1700 Convention Center Drive -- Fourth Floor -- Miami Bea Date R5A 4-lJ-Vh & MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jorge M. Gonzalez, City Manager ~LS\rnt FROM: Richard L. Steinberg, Commissioner DATE: March 6, 2006 SUBJECT: Agenda Item - Amend Sexual Predator Ordinance to Incorporate Miami-Dade County's Ban on Sexual Predators in Parks Please place an ordinance for action on the March 8, 2006 Commission agenda to amend the sexual predator ordinance to incorporate Miami-Dade County's ban on sexual predators in public parks. If you have any questions, please feel free to contact my Aide, Ms. Marlene Taylor, at extension 6087. RLS/mt Cc: Murray Dubbin, City Attorney -'-'.C"'.l / \. I -~:'} : i' t '"oJ i ~ (" If! 0""/-' '~'i": ;vU'J " ~ ....,J We are committed to providing excellent public service and safety to all who live, work, ond play in our vibrant, tropim" historic communir/. c~ IYJI-ID I-C DD ,,:,"'.,.:..,.,-' .. ~l ~l <0 N ::t: U a-. <( ~ >= .<( Cl Z :::l VI '<~:.?,'~:;_::: -_~:*;t ~;, ~'m~~ toOI'. >CitY ~H$II, . rJl~11_.. ' .. ", " '., " ". . . Cod8.;Addtng. A; .'. ,,~$klng~It'Unf$Wfu/For A NioIatlonDf; " ::194:01;. 8()O;Q4..827~011t:Or 847.0145. F. . .Be prels.ntfn A Pwk Or Child Care FaciUtY Under SPecified 'Clrcum~ 0,nS; ~~~~.~ ~~:.: "c> i'~:":":;;~:;',;:J :.' ./.;:,..,.,. . . ".. may ~ dlrGC!ed to ~e_Clty Attorneys OffIce at (305) 673-7470. ~.: , "r':"":::'&~t( '::-\'~ F) '<-:i;<>:!"':':-.'"~~'"",c:,~\:" . INTERESTED PAFfTIE$'sre Invited to appear at this meeting, or be represented by $n agent~ ol"tQ:,express thefr.views 10 writing 'addressed to the C~ .(;()mmlsslon, clo the CIty . Clerk, 1700 Convention CenterOrive,tst,Floor..City Han; Miami Beach, Florida 33139.. "(his' meetIng may be opened and continueq and. under..such' circumstances additional I~ riotiCe;woulq not be provl~.< ,. . i J :E 1&1 ~ ~l 'ti ~ III ::t: 'E <0 i: :r',..;' :/,i;:t\-;:~-~:;;~ ';+}~>,L+'1j-C'~,,;:-,,~/,~'" ,'i' " i",>",/,t R()berq:. Parc!J~r" ':,;'i., };;". """':';;'; <c~ City Clerl<;, .', ..' ,'; ....; '.". ,..L.... "j"'(City of ~Iami ~~c:h. ':.':.~'>'",!,-, ~",l/;," ,/ ."< PU.-$Jinrlosectl6n''2is.0105,', Fla..' sfat.:the C'fyhel"~by' advises the. pUblic that: We person decides toappea1anyaecision made, by the City CommiSsion with . respect to.. anymatterconsJderedat Its meeting or its hearing, such persori mU$t8nsure that a verb~tJ""rec9rdOf theproceed'ngs Is 'made, which. record Includes thetestirnqny~"d "evtdence upon Which the 8IlP8aJ ~ tQ be baSed~''1111s notiCe does not constitute consent by the CJty~for the .Imroductlonoradmlsslon of othentiisernadl:l1lsslble. or irrelevant evidence, n.ordQ$~ It ~uthorlzechallenges or appealsrqt otl]~rwi!~1lI19",!~d byla\\l', ',.:.:;<\,< ."..'C>C.;/;.i.<../J:, ...,........<'c.. ....','.. ..' '. "'" .... ' To request this material in accessibleJormat, sign langu,.ge Interpre~rs. InfOrmation on ' access for persons with disabilities. andlor any aQt:ommodation to review' any document or participate in any city.sponsorec::f proceeding, please contact (305)' 604-2489 (vol~).. (305) 673-7218(TTY) five days In advance te> Initiate your request,TTY use~ may also call 711 (Florida Relay Service). '. " AD#362 co :r