Ordinance 80-2237PARK CLOSING HOURS
ORDINANCE NO. 80-2237
AN ORDINANCE OF THE CITY OF MIAMI BEACH FLORIDA
IMPOSING A 10:00 P.M. TO SUNRISE CLOSING WITHIN
ALL PUBLIC PARKS, BEACHES, GOLF COURSES AND PIERS
IN THE CITY OF MIAMI BEACH, FLORIDA; PROVIDING
FOR PASSAGE AS AN EMERGENCY MEASURE FOR PERIOD OF
THIRTY 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 a grave
increase in crime in the City. The Commission finds, based on testi-
mony by law enforcement officials, public hearings, complaints from
citizens, and the personal knowledge and observations of Commissioners,
that vandalism, criminal activities, drug abuse, prostitution, drunk-
enness and general disorderliness have become rampant, particularly
within the public parks, beaches, golf courses and piers of the City.
The Commission further finds that these public areas have become a
center of activities for criminal elements and vagrants and that as
a result the elderly and other residents of the City are in constant
fear of harm to their persons and loss of personal property. The
Commission further finds, after considering various alternatives,
that a 30 day closing between 10:00 p.m. and sunrise in such public
areas is the least intrusive means of returning order and safety to
the parks and other public areas of Miami Beach. The Commission
specifically finds that the existing crime increase in the Miami
Beach area is sufficiently severe to warrant these limited restrictions
on personal rights and liberties.
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
(A) No person shall be in any city park, golf course, beach,
or pier between sunset and sunrise within the City of
Miami Beach.
(B) This closing shall not apply to persons to whom permission
to travel through or be in the affected areas during the
closing hours has been granted in writing by the City Mana-
ger or Chief of Police, or by their designates, based on a
showing of need or good cause. The City Manager and the Chief
of Police, or their designates, shall promptly grant permits
to any person applying, provided the applicant articulates a
reasonable need for being in or traveling through the affected
areas during the closing period. A permit shall be granted
to any person protected under the First Amendment to the United
States Constitution.
SECTION 4 ENFORCEMENT. The Police Department of the City of
Miami Beach is hereby directed to stop any and all
persons found in the affected areas during the proscribed times, and
to investigate whether said persons are authorized to be in the area
pursuant to the provisions of Section 3(B) above. In the event a
person so stopped is unable to produce a permit, he or she shall be
arrested.
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OFFICE OF THE CITY ATTORNEY • 1700 CONVENTION CENTER DRIVE • MIAMI BEACH, FLORIDA 33139
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 by both such
fine and imprisonment.
SECTION 6 PUBLICATION AND NOTICE TO PUBLIC. The Chief of Police
shall immediately prepare notices stating the times
and locations of this closing and that any person in violation is sub-
ject to arrest. Said notice shall also state that any person requir-
ing a permit to be in or travel through the affected area during closing
hours shall request such a permit from the Police Department or the City
Manager's Office. Copies of said notice shall be immediately and prom-
inently posted by the Police Department throughout all public parks,
golf courses, beaches and piers.
SECTION 7 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 vali-
dity of the remaining portions of this ordinance.
SECTION 8 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 Commis-
sion, but in no event shall it be effective for longer than 30 days.
PASSED and ADOPTED this 28th
ATTEST:
(SEAL)
City Jerk
APPROVED
LEGAL DEPT.
8Y f? o
pate
day of October
, 1980.
Passed and Adopted as an emergency measure on October 28, 1980
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OFFICE OF THE CITY ATTORNEY • 1700 CONVENTION CENTER DRIVE • MIAMI BEACH, FLORIDA 33139
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