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Ordinance 90-2710 ORDINANCE NO. 90-2710 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, MAKING LEGISLATIVE FINDINGS SUBSTANTIATING THE NECESSITY OF GREATER RESTRICTIONS AND PENALTIES IN ORDER TO ERADICATE GRAFFITI FROM THE CITY OF MIAMI BEACH; AMENDING THE CITY OF MIAMI BEACH CODE, SECTION 25-28.3 ',VIOLATION AND PENALTY" TO PROVIDE FOR CIVIL ACTIONS AGAINST PARENTS OF MINORS WHO WILFULLY DESTROY PROPERTIES, PURSUANT TO FLORIDA STATUTE SECTION 741.24; ADDING SECTION 25-28.4 ENTITLED ',AEROSOL SPRAY PAINT AND BROAD-TIPPED INDELIBLE MARKERS - PROHIBITED SALE TO MINORS"; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. That the City Commission of the City of Miami Beach, Florida makes the following findings: a) The increasing incidents of the defacement of public and private property through the application of graffiti upon walls, rocks, bridges, buildings, fences, gates, public utilities, other structures and other real and personal property within the corporate boundaries of the City constitutes a blight on this community; and, in the interests of the health, safety and general welfare of the residents and taxpayers of the City, immediate steps must be taken to remove this blight. b) Based upon reports which the City Commission has received from the Miami Beach Police Department, such defacement of property is most often committed by persons under the age of eighteen years using aerosol containers of spray paint and broad-tipped indelible markers. c) When any such person has a legitimate need for such aerosol containers and markers, the same may be furnished by a parent or guardian. d) The sale of such implements to such persons should therefore be prohibited, and persons who are engaged in the retail sale of aerosol containers of spray paint and markers should be required to take reasonable steps to prevent the theft thereof. e) When appropriate, the courts should require those who commit acts of defacement of public or private property through the application of graffiti,to restore the property so defaced, damaged or destroyed. f) In addition to the above, all of the findings of fact regarding the City of Miami Beach's "Graffiti Abatement 1 Program" as presented to the Miami Beach Commission at its July 11, 1990 meeting (including all testimony offered therein) are hereby adopted and incorporated by reference herein. SECTION 2 That Chapter 25 of the Miami Beach City Code, Section 25-28 . 3 entitled "Violation and Penalty" is hereby amended to read as follows: Sec. 25-28.3. Violation and penalty. a) Violation of sections 25-27 through 25-28 . 2 shall be punishable by fine not to exceed one thousand dollars and one hundred hours of community service or by imprisonment in jail for a term not to exceed six months or by such fine, community service and imprisonment. b) The City of Miami Beach may institute a civil action in a court of competent jurisdiction to recover compensatory damages, including reasonable costs and expenses, for any damage caused to public property located on or within city limits of Miami Beach. c) The City of Miami Beach may institute a civil action in a court of competent jurisdiction to impose and recover a civil penalty for each violation in an amount of not more than one thousand dollars per offense. d) In addition to the above, the City of Miami Beach, or any person, partnership, corporation, or association, or any religious organization, whether incorporated or unincorporated, shall be entitled to recover actual damages in an appropriate action at law, in a court of competent jurisdiction, from the parents of any minor under the age of 18 years, living with the parents, who maliciously or wilfully destroys property in the manner prohibited by sections 25-27 through 25-28 . 2 , pursuant to Section 741. 24 of the Florida Statutes. SECTION 3. That Chapter 25 of the Miami Beach City code is hereby amended via the addition of Section 25-28 . 4 which shall read as follows: Sec. 25-28.4 Aerosol Spray Paint and Broad-tipped Indelible markers - Prohibited Sale to Minors. a) As used in this section, the term "broad-tipped indelible marker" shall mean any felt-tipped pen, markers or similar implement which is insoluble in water. b) It shall be unlawful for any person to sell, barter, exchange or otherwise transfer any aerosol containers of spray paint or any broad-tipped indelible marker to any person under the age of eighteen years. 2 c) Violation of this section shall be punishable consistent with the penalty section of this Chapter. SECTION 4. REPEALER That all ordinances or parts of ordinances in conflict be and the same are hereby repealed. SECTION 5. SEVERABILITY If any section, sub-section, sentence, clause, phrase or portion of this ordinance is for any reason, held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this ordinance. SECTION 6. EFFECTIVE DATE That this ordinance shall take effect ten (10) days after its adoption, on September 15, 1990. PASSED AND ADOPTED this 5th day of Septem. , 1990 tf Ale MA •R ATTEST: // - CITY CLERK 1st reading 7/25/90 2nd reading 9/5/90 JKO/jcl a: \Resolutions\Parents.Ord FORM APPROVED LE 11. r ' /�' f By I've. Date 'Z 3 • OFFICE OF THE CITY ATTORNEY 6,4 et"'cAmi• Weimoi F L O R 1 D A #44-4Th b LAURENCE FEINGOLD yNc�p �, P.O. BOX O CITY ATTORNEY MIAMI BEACH, FLORIDA 33119-2032 TELEPHONE(305)673-7470 COMMISSION MEMORANDUM 1'4-/U,1�'9(7 TELECOPY (305)673-7002 DATE: JULY 25, 1990 TO: Mayor Alex Daoud and Members of the City Commission FROM: Laurence Feingold City Attorney 7 �-- SUBJECT: PROPOSED AMENDMENTS TO CHAPTER 25 OF THE MIAMI BEACH CITY CODE PROVIDING FOR CIVIL ACTION AGAINST PARENTS OF MINORS WHO WILFULLY DESTROY PROPERTY, AND FURTHER PROHIBITING THE SALE OF AEROSOL SPRAY PAINT AND BROAD-TIPPED INDELIBLE MARKERS TO MINORS Consistent with the City of Miami Beach's recent efforts to eradicate the blight on this community caused by the application of graffiti on both public and private property, the following amendments have been drafted: 1. A proposed amendment to Chapter 25 of the Miami Beach City Code, Section 25-28.3 , entitled "Violation and Penalty" will enable the City of Miami Beach, or any person, partnership, corporation, or association, or any religious organization to recover actual damages from the parents of minors who wilfully destroy property via institution of a civil action; and 2 . A proposed addition of Section 25-28. 4, entitled "Aerosol Spray Paint and Broad-tipped Indelible Markers - Prohibited Sale to Minors" will buttress the City's efforts to eliminate graffiti by reducing the accessibility of the implements with which graffiti is typically applied. LF/JKO:jcl 63 AGENDA ITEM DATE — CiV 1700 CONVENTION CENTER DRIVE— FOURTH FLOOR — MIA —BEACH FLORIDA 33139 bO a) 'd .0 M bO 1.) 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