Ordinance 1817.+. 1.
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ORDINANCE NO. 1817
AN ORDINANCE REPEALING SECTIONS 25-33,
25-34 AND 25-99 OF "THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA," RELATING
TO DISORDERLY CONDUCT, DISORDERLY PERSONS
AND VAGRANCY, AND ENACTING A NEW SECTION,
25-33, RELATING TO DISORDERLY CONDUCT AND
LOITERING.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1. That Sections 25-33, 25-34 and 25-99 of "The
Code of the City of Miami Beach, Florida," be
and the same are hereby repealed.
SECTION 2. That a new Section 25-33 of "The Code of the
City of Miami Beach, Florida," be and the same
is hereby enacted, which section shall read as follows:
"Section 25-33
A person shall be guilty of the offense of
disorderly conduct if his conduct shall tend
to cause public danger, alarm, disorder,
nuisance, or if his conduct is likely to
create such public danger, alarm, disorder
or nuisance, and by such conduct he wilfully:
(a) Creates a disturbance of the public order
by an act of violence or by any act likely to
produce violence, or makes, aids, assists in
making improper or unnecessary noise, disturbance,
breach of the peace or diversion tending to a
breach of the peace within the city, or collects
with other persons in bodies or crowds for an
unlawful purpose, or for any purpose in a. manner
which hinders normal traffic along streets,
sidewalks or other public ways, or to the
annoyance or disturbance of other persons; or
(b) Engages in fighting, or in violent, threatening
or tumultuous behavior, or aids, incites or abets
any fight, quarrel or other disturbance in the
city; or
(c) Goes about begging, or stands, loiters, or
travels about any place in the city, waiting or
seeking to obtain money or other thing of value
from others, by trick or fraud, or to aid or
assist therein; or
(d) Addresses abusive, vulgar, indecent or
threatening language to any person thereby causing
reasonable apprehension for such person's well-
being, or to such person's annoyance; or makes an
offensive telephone call, or communicates abusive,
harassing, or threatening language by telephone; or
OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 X
"(e) Congregates with other persons in a
public place and refuses to comply with a
lawful order of the police to disperse where
failure to disperse would result in likelihood
of harm or unnecessary inconvenience to the
public; or
(f) Loiters, prowls or remains in a place, at
a time or in a manner not usual for law-abiding
individuals under circumstances that warrant
alarm for the safety of persons or property in
the vicinity; circumstances warranting alarm
shall be presumed when the person takes flight
upon appearance of a police officer, refuses
to identify himself, or manifestly endeavors
to conceal himself or any object. As a condition
to conviction hereunder, the arresting officer
shall afford the person arrested an opportunity to
dispel any alarm which would otherwise be warranted,
by requesting him to identify himself and explain
his presence and conduct; and no person shall be
convicted hereunder if it appears at trial that
the explanation given by the person arrested was
true, and, if believed by the peace officer at
the time, would have dispelled the alarm; or
(g) Damages, befouls, defaces or disturbs public
property or property of another so as to create
a hazardous, unhealthy or physically offensive
condition; or
(h) Enters upon the property of another and for
a lewd or unlawful purpose and deliberately looks
into a dwelling on the property through any window
or other opening in it; or
(i) Loiters or remains in a public place for the
purpose of engaging or soliciting another person
to engage in unlawful or deviate sexual intercourse
or other sexual behavior of a deviate or unlawful
nature; or
(j) Loiters in or about a school, college or
university building or grounds, not having any
valid reason or relationship involving custody
of or responsibility for a pupil or student, or
any other legitimate reason for being there; or
(k) Loiters or remains in any place in the city
with one or more persons for the purpose of un-
lawfully using, obtaining or possessing any
narcotic drug, depressant or stimulant drug, or
hallucinogenic drug, or any narcotic or dangerous
drug as defined in Sections 398.03 and 404.02,
Florida Statutes; or
(1) Lodging in the open air or in a building,
place or vehicle unfit or not designed for human
habitation, and not giving a satisfactory account
of himself; lodging shall be presumed when the
person is found in possession of toilet articles,
bedding or extra clothing; sleeping in the open
air after dusk and before dawn in a place not
customarily so used or frequented during those
hours shall raise a presumption that such person
is lodging in the open air; or
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OFFICE OF CITY ATTORNEY -- 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 X
"(m) Has in his possession or carries any pistol,
knife, dirk, knuckles, slingshot or other dangerous
weapon concealed on or about his person; except
that a manually -operated folding pocket knife
having a blade of less than three (3) inches in
length shall be permitted hereunder; or
(n) Becomes or is found to be drunk from the
voluntary use of intoxicating liquors or drugs; or
(o) Loiters in or about any police station, police
headquarters building, county building, hospital,
court building or any other public building or
place for the purpose of soliciting employment
of legal services or the services of sureties:
upon criminal recognizances; or
(p) Jostles or roughly crowds other persons
unnecessarily in a public place; or
(q) Mutilates himself voluntarily or attempts
to take his own life; when such person presents
an immediate danger to himself or to others, the
municipal judge may require him to submit himself
to medical or psychiatric care.
Penalties. Any person convicted of violating
this ordinance shall be deemed guilty of the
offense of disorderly conduct, and upon conviction,
shall be punished as provided in Section 1-8 of
the Code of the City of Miami Beach, Florida."
SECTION 3.
held invalid
shall not be
and effect.
If any section, sub -section, sentence, clause,
provision or part of this ordinance shall be
for any reason, the remainder of this ordinance
affected thereby, but shall remain in full force
SECTION 4. All laws and ordinances, or parts thereof, in
conflict herewith, be and the same are hereby
repealed.
SECTION 5. This ordinance shall go into effect immediately
upon its passage and posting as required by law.
PASSED and ADOPTED this 20th day of March 1970.
Attest:
City Clerk -Finance Director
1st reading -
2nd reading -
3 rd reading -
POSTED -
March 4, 1970
March 4, 1970
March 20, 1970
March 23, 1970
OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 x
1
STATE OF FLORIDA
COUNTY OF DADE:
I, RUTH B. ROULEAU, City Clerk and Finance Director in
and for the City of Miami Beach, Florida, do hereby certify that
Ordinance No. 1817 entitled:
AN ORDINANCE REPEALING SECTIONS 25-33, 25-34 AND 25-99 OF
"THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA," RELATING
TO DISORDERLY CONDUCT, DISORDERLY PERSONS AND VAGRANCY,
AND ENACTING A NEW SECTION, 25-33, RELATING TO DISORDERLY
CONDUCT AND LOITERING.
having been passed and adopted by the City Council of the City of
Miami Beach, Florida, has been posted by me in three conspicuous
places in the City of Miami Beach, one of which was at the door
of the City Hall in said City on the 23rd day of March, 1970,
and that said Ordinance remained posted for a period of at least
thirty days in accordance with the requirements of the City Charter
of the said City of Miami Beach.
IN WITNESS WHEREOF I have hereunto set my hand and
affixed the official seal of the City of. Miami Beach, Florida,
on this the 6th day of May, 1970,
Ruth B. Rouleau
By
C.ty Clerk and Finance Director
ll
Deputy
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