Ordinance 1922ORDINANCE NO. 1922
AN ORDINANCE AMENDING CHAPTER 25 OF
THE CODE OF THE CITY OF MIAMI BEACH
BY ADDING NEW SECTIONS THERETO AND
ESTABLISHING A PROCEDURE FOR DECLARA-
TION THAT A STATE OF EMERGENCY EXISTS,
DESIGNATING THE CITY OFFICIAL EMPOWERED
TO DECLARE THAT A STATE OF EMERGENCY
EXISTS AND TO ESTABLISH A CURFEW DURING
THE EXISTENCE OF THE STATE OF EMERGENCY;
DESIGNATING AUTOMATIC AND DISCRETIONARY
EMERGENCY POWERS TO SAID OFFICIAL; PRO-
VIDING A PENALTY FOR VIOLATION; AND PRO-
VIDING FOR THE ADOPTION OF THIS ORDINANCE
AS AN EMERGENCY MEASURE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1. That Chapter 25 of the Code of the City of Miami
Beach be and the same is hereby amended by adding
the following new sections thereto to be numbered and to read as
follows:
Section 25.1.1
Pursuant to the provisions of Section 870.042,
Florida Statutes, City Council does hereby desig-
nate the Chief of Police as the City official
empowered to declare that a state of emergency
exists within the boundaries of the municipality,
and who shall be empowered to exercise the emer-
gency powers set forth in this ordinance.
Section 25.1.2
Whenever the Chief of Police determines that
there has been an act of violence or a fla-
grant and substantial defiance of or resistance
to a lawful exercise of public authority, and
that, on account thereof, there is reason to
believe that there exists a clear and present
danger of a riot or other general public dis-
order, widespread disobedience of the law,
and substantial injury to persons or to
property, all of which constitutes an imminent
threat to public peace or order and to the
general welfare of the jurisdiction affected
or a part or parts thereof, he may declare
that a state of emergency exists within that
jurisdiction or any part or parts thereof.
Section 25.1.3
Whenever the Chief of Police pursuant to
Section 25.1.2 of this ordinance declares that
a state of emergency exists,
(1) the emergency measures provided in
Section 25.1.4 shall thereupon be in effect
during the period of said emergency and
throughout the jurisdiction and
(2) the Chief of Police may order and
promulgate all or any of the emergency
measures provided in Section 25.1.5 of this
ordinance, in whole or in part, and with such
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OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
limitations and conditions as he may deem appropriate,
and any such emergency measure so ordered and promul-
gated shall thereupon be in effect during the period
of said emergency and in the area or areas for which
the emergency has been declared.
Section 25.1.4
(1) The sale or offer to sell, with or without con-
sideration, any ammunition, gun or other firearm of
any size or description is prohibited.
(2) The intentional display, after the emergency is
declared, by or in any store or shop of any ammunition,
guns and other firearms of any size or description is
prohibited.
(3) The intentional possession in a public place of
a firearm by any person, except a duly authorized law
enforcement official or person in military service act-
ing in the official performance of his duty, is
prohibited.
Section 25.1.5
(1) The establishment of curfews, including, but not
limited to, the prohibition of or restrictions on pedes-
trian and vehicular movement, standing and parking,
except for the provision of designated essential services
such as fire, police and hospital services including the
transportation of patients thereto, utility emergency
repairs and emergency calls by physicians.
(2) The prohibition of the sale or distribution of
any alcoholic beverage, with or without the payment or
a consideration therefor.
(3) The prohibition of the possession on the person
in a public place of any portable container containing
alcoholic beverage.
(4) The closing of places of public assemblage with
designated exceptions.
(5) The prohibition of the sale or other transfer of
possession, with or without consideration, of gasoline
or any other flammable or combustible liquid altogether
or except by delivery into a tank properly affixed to
an operable motor driven vehicle, bike, scooter, boat
or airplane and necessary for the propulsion thereof.
(6) The prohibition of the possession in a public
place of any portable container containing gasoline
or any other flammable or combustible liquid.
Section 25.1.6
Any state of emergency or emergency measure declared
or ordered and promulgated by virtue of the terms of
this ordinance shall, as promptly as practicable, be
filed in the office of the City Clerk and shall also
be delivered to appropriate news media for publica-
tion and radio and television broadcast thereof.
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OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
If practicable, such state of emergency declaration
or emergency measure shall be published by other means
such as by posting and loudspeakers.
Section 25.1.7
A state of emergency established under this ordinance
shall commence upon the declaration thereof by the
Chief of Police and shall terminate at the end of a
period of seventy-two (72) consecutive hours there-
after unless prior to the end of such seventy-two (72)
hour period, the Chief of Police of`the City Council
shall have terminated such state of emergency. Any
extension of the seventy-two hour time limit must be
accomplished by request from the Chief of Police and
the concurrence of the City Council by duly enacted
ordinance or resolution in regular or special session.
Upon the declaration of an emergency by the Chief of
Police, the City Council shall, upon the call of the
Mayor or City Manager convene as soon as practicable,
to determine whether an emergency in fact exists, or
whether the prohibition or restriction imposed by
the Chief of Police should be limited or curtailed.
If the Council determines that no emergency in fact
exists, the restriction and limitation imposed by the
Chief of Police shall be terminated.
Section 25.1.8
Any violation of this ordinance or of any emergency
measure established pursuant hereto shall be an
offense punishable by a fine of not more than one
thousand dollars ($1,000.00) or by imprisonment for
not more than ninety (90) days, or both such fine
and imprisonment.
SECTION 2. That all ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 3. That this ordinance be and the same is hereby adopted as
an emergency ordinance under the provisions of Section 9
of the Charter of the City and shall be effective immediately.
PASSED and ADOPTED this 28th day of June, 1972.
Attest:
City Clerk -Finance Director
1st reading - June 28, 1972
2nd reading - June 28, 1972
POSTED - June 29, 1972
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Mayor
OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
cLf2
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. 1922 entitled:
AN ORDINANCE AMENDING CHAPTER 25 OF "THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA",
BY ADDING NEW SECTIONS THERETO AND ESTABLISHING A PROCEDURE FOR DECLARATION THAT A
STATE OF EMERGENCY EXISTS, DESIGNATING THE CITY OFFICIAL EMPOWERED TO DECLARE THAT
A STATE OF EMERGENCY EXISTS AND TO ESTABLISH A CURFEW DURING THE EXISTENCE OF THE
STATE OF EMERGENCY; DESIGNATING AUTOMATIC AND DISCRETIONARY EMERGENCY POWERS TO
SAID OFFICIAL; PROVIDING A PENALTY FOR VIOLATION; AND PROVIDING FOR THE ADOPTION
OF THIS ORDINANCE AS AN EMERGENCY MEASURE,
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 29th day of June, 1972,
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 16th
day of August, 1972.
City Clerk and Finance Director
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