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Ordinance 80-2235• LOITERING ORDINANCE NO. 80-2235 AN ORDINANCE OF THE CITY OF MIAMI BEACH FLORIDA PROHIBITING LOITERING; IMPOSING PENALTIES; PRO- VIDING EFFECTIVE AND EXPIRATION DATES; PROVIDING FOR PASSAGE AS AN EMERGENCY MEASURE FOR A PERIOD OF SIXTY DAYS. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1 DECLARATION OF PURPOSE. This emergency measure is adopted by the City Commission in response to an in- creasing permanent population of loiterers within certain areas of the City, which loiterers are causing fear and danger to Miami Beach tourists and residents. The City Commission based on information from law enforcement officers and citizens finds that there is within the City a population of loiterers who persist in obstructing pedes- trian traffic, engaging in rude and offensive language, drunkenness and drug abuse, and that the presence of such persons prevents the Po- lice Department from investigating and solving crimes within the City. SECTION 2 STATEMENT OF AUTHORITY. The Commission of the City of Miami Beach enacts the following emergency measure to protect life and property, pursuant to Chapter 166 Fla. Stat. 1979 ("The Municipal Home Rule Powers Act"), and Sections 6, 9, 25 and 28 of the Charter of the City of Miami Beach. SECTION 3 PROHIBITIONS. No person shall prowl, sleep, loiter, stand, wander or congregate on the streets, sidewalks, beaches, parks, thoroughfares, piers, places of public amusement or other pub- lic places, or in public entrances to private establishments, within the City of Miami Beach: (A) So as to obstruct or impede pedestrian or vehicular traffic in a manner endangering public safety or threatening a breach of the peace; (B) In a manner warranting reasonable concern for the safety or security of persons or property in the vicinity; (C) After being reasonably requested by a police officer to disperse or move, when the failure to so comply reasonably threatens public safety or convenience; (D) Without apparent reason and refuse to identify himself or account for his conduct when requested to do so by a police officer, under circumstances giving rise to reasonable sus- picion that the person is engaged in or planning a crime or constitutes a threat to public peace or the personal safety or property of others; provided however, that a mere refusal to identify himself or account for his conduct shall not be sufficient grounds for arrest. SECTION 4 ENFORCEMENT. This ordinance shall be enforced by, and the term "Police Officer" shall in this ordinance mean and include, any sworn member of the Police Department of this munici- pality. No person shall be convicted under Section 3(D) of this ordi- nance if the person reasonably attempted to identify himself or to ex- plain his conduct or to dispel any concern for the safety and security of persons and property in the vicinity. 1 of 2 OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139 3 SECTION 5 PENALTIES. Every person who is convicted for a viola- tion of this ordinance shall be punished by imprison- ment for up to 60 days or by a fine of up to $500.00, or both. SECTION 6 SEVERABILITY. If any section, sub -section, sentence, clause, phrase, or portion of this ordinance is, for any reason, held invalid or unconstitutional by any court of compe- tent 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 7 EFFECTIVE DATE AND DURATION. This ordinance shall take effect immediately and shall continue in force and effect until rescinded, amended or modified by the City Commission, but in no event shall it be extended for longer than 60 days. PASSED and ADOPTED this 28th day of October , 1980. ATTEST: (SEAL) City C erk APPROVED 'LEGAL DEP?. By_ Dote._ Passed and Adopted as an emergency measure - October 28, 1980 TMP:ab 2 of 2 OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 U) CU •r --I(0 ad ad G-0 u 0)' G aG a) 0 00 L r) 00•r+ �+.. cv .r4ctf E N (0 W ad <4 O G. a G zeo x al C. H ri a) 0 •v7 H 0 caq ad0 o G cci a) w •r+ 00 U 34 a) ad 0 a) J W •H ▪ •rl ( $a Z •r1 +-J al a) H o U a a 2- w c0 0 00 w 0 G v 9-4 •-1 0 • 00 00 w 7r- G G a r+ •r� a) • -0 -0 �+ • •rl •rl o p > m • 0 0 qj w �+ �+ a) B aa