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Ordinance 89-2653 ORDINANCE NO. 89-2653 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 25 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY ADDING SECTION 25-33.2 PROVIDING FOR THE ISSUANCE OF CITATIONS FOR THE COMMISSION OF CIVIL INFRACTIONS RELATING TO DRINKING, SERVING, SELLING AND POSSESSING ALCOHOL ON ANY PUBLIC BEACH AND ITS ACCESS AREAS WITHIN THE CITY OF MIAMI BEACH: REPEALING ORDINANCES IN CONFLICT HEREWITH, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA : SECTION 1: That Chapter 25 of the Code of the City of Miami Beach is hereby Amended by adding the following new Section 25-33.2 entitled "Consumption of Alcohol on Public Beaches" reading as follows: Section 25-33.2. "Consumption of Alcohol on Public Beaches" A. Definitions - As used in this section, the term: (a) "Alcoholic beverage" means alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer, and which contain one-half of one percent or more of alcohol by volume, and which are fit for beverage purposes whether alone or when diluted, mixed or combined with other substances. (b) "Law enforcement officer" means any person who is elected, appointed, or employed full time by the City of Miami Beach or the state or any political subdivision thereof, who is vested with authority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state. This definition includes all part-time law enforcment officers, auxiliary law enforcment officers, and all certified supervisory and command personnel whose duties include, in whole and in part, the supervision, training, guidance, and management responsibilities of full-time law enforcement officers, part-time law enforcement officers, or auxiliary law enforcement officers but does not include support personnel employed by the employing agency. (c) "Citation" means a written notice, issued to a person by an officer, that the officer has probable cause to believe that the person has committed a civil infraction in violation of a duly enacted ordinance and that the county court will hear the charge. The citation shall contain: 1. The date and time of issuance. 2. The name and address of the person. 3. The date and time the civil infraction was committed, 4. The facts constituting probable cause. 5. The ordinance violated. 6. The name and authority of the officer. 7. The procedure for the person to follow in order to pay the civil penalty or to contest the citation. 8. The applicable civil penalty if the person elects to contest the citation. 9. The applicable civil penalty if the person elects not to contest the citation. 10. A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, he shall be deemed to have waived his right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty. -1- B. Violations It shall be unlawful for any person to consume or possess, serve or sell any beer, wine or any other alcoholic beverage on any public beach and its access areas within the City of Miami Beach, except in those areas as designated and approved by the City Manager or the City Commission. C. Penalties For Violations Any violation of Section 25-33.2(B) of the Code of the City of Miami Beach is a civil infraction. During a one year period, each violation of this section shall constitute a separate offense. Violations of Section 25-33.2(8) will be punished as follows: (a) For a first violation, by a civil penalty of $50.00. (b) For a second violation, by a civil penalty of $100.00. (c) For each additional violation, by a civil penalty of $200.00. Any person who fails to pay the appropriate civil penalty within the time allowed or who fails to appear in court to contest the citation, shall be deemed to have waived his right to contest the citation and judgment may be entered against the person for an amount not to exceed $500.00 D. Enforcement By Citations Any officer who has probable cause to believe that a person has committed an act in violation of Section 25-33.2 of the City of Miami Beach Code shall issue a citation to that person. Any person cited for a violation of this section shall be deemed to be charged with a civil infraction and shall be cited for such an infraction and cited to appear before an official. Any person cited for an infraction under this section shall sign and accept a citation indicating a promise to appear. Any person charged with a civil infraction under this section may pay the civil penalty, either by mail or in person, within 20 days of the date of receiving the citation. If the person cited follows the above procedure, he shall be deemed to have admitted the infraction and to have waived his right to a hearing on the issue of the commission of the infraction. E. Waiver Of Civil Penalty Provisions Any person electing to appear before the designated official shall be deemed to have waived his right to the civil penalty provisions of Section 25-33.2(C)(a)(b)(c). The official, after a hearing, shall make a determination as to whether an infraction has been committed. If the commission of an infraction has been proven, the official may impose a civil penalty not to exceed $500.00 F. Refusal To Sign And Accept A Citation Any person who willfully refuses to sign and accept a citation issued by an officer shall be guilty of a misdemeanor of the second degree, punishable as provided by Florida statutes 775.082, 775.083 or 775.084. SECTION 2. REPEALER All ordinances or parts in conflict herewith be and the same are hereby repealed. -2- 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 August 5, 1989. PASSED and ADOPTED this 26th day of July , 1989. #11" W AYOR Attest: CITY CLERK MYS/pb 1st Reading - 6/21/89 2nd Reading - 7/26/89 FORM APPROVED LEGAL DEPT / By .1 L Date 6 l -3- OFFICE OF THE CITY ATTORNEY 624 ejoiyAnpnie. zieetedi 1140 F L O R 1 D A ;�\PN1 9fc1' ARNOLD M. WEINER P.O P.O BOX 0 �ACH26 ��� MIAMI BEACH, FLORIDA 3311 CITY ATTORNEY TELEPHONE(305)673-7470 TELECOPY (305)673-7002 COMMISSION MEMORANDUM NC, 3`10. �9 DATE: 21 June 1989 TO: MAYOR ALEX DAOUD and MEMBERS OF THE CITY COMMISSION FROM: ARNOLD M. WEINER City Attorney SUBJECT: ADDITION OF SECTION 25-33.2 - CONSUMPTION OF ALCOHOL ON PUBLIC BEACHES - CITY OF MIAMI BEACH Section 25-33.2 is being added to Chapter 25 of the Code of the City of Miami Beach, providing for the issuance of Citations for the commission of civil infractions relating to drinking, serving, selling and possessing alcohol on any public beach and its access areas within the City of Miami Beach. 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