Ordinance 88-2620 ORDINANCE NO. 88-2620
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE RELATED LAWS OF THE
CODE OF MIAMI BEACH BY REPEALING ARTICLE XXI ENTITLED
"MUNICIPAL ELECTIONS" ; PROVIDING FOR SEVERABILITY;
REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA.
SECTION 1.
That Article XXI of the Related Laws of the City of Miami Beach,
Florida, reading as follows is hereby repealed in its entirety:
Article XXI. Municipal Elections.
Sec. 163. Ordinance prohibiting charges against candidates within
eighteen days of election except under certain
conditions.
The city council of the City of Miami Beach is hereby
authorized and empowered, by ordinance, to make it unlawful
during the eighteen days preceding the day of any municipal
election in Miami Beach, Florida, to publish or circulate or
cause to be published or circulated, any charge against, or
attack upon, any candidate who is to be voted upon at such
election unless a copy of such charge or attack has been served
personally upon the candidate against whom made at least eighteen
days prior to the day of the election. Such ordinance shall
provide that any answer to a charge or attack that contains
defensive matter, or any statement which consists of the
citation of, reference to, or quotation from a public record,
shall not be construed to be a charge or attack. The city
council shall have full power and lawful authority to enact such
ordinance at any single meeting with all three readings thereof
being had at such meeting and without any requirement that such
ordinance lie over until a subsequent meeting before final
passage. The city council shall also have full power and lawful
authority to provide that such ordinance shall go into effect
immediately upon its passage, anything in the provisions of
section 9 and section 26 of the Charter of the City of Miami
Beach, being respectively sections 9 and 26 of chapter 7672 of
1
the laws of Florida , Acts of 1917 , to the contrary
notwithstanding.
Sec. 164. Penalty for violation of ordinance.
The city council shall have full power and lawful authority
to provide penalties for the violation of such ordinance by fine
not to exceed one thousand dollars or by imprisonment not to
exceed ninety days or both such fine and imprisonment.
Sec. 165. Repeal of conflicting laws.
All laws or parts of laws in conflict herewith are hereby
repealed.
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, sentence, clause or phrase of this ordinance is
held to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
SECTION 4. EFFECTIVE DATE
This ordinance shall take effect ten (10) days after its
adoption, on .Tune 25 , 1988 .
PASSED and ADOPTED this 15th day of June , 1988 .
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ATTEST: MA •R
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CITY CLERK
JKO/rg 1st Reading - June 1, 1988
2nd Reading - June 15, 1988
FORM APPROVED
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