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Ordinance 74-2010 ORDINANCE NO. 74-2010 AN ORDINANCE AMENDING CHAPTER 40 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA TO ADD THERETO A SECTION PROVIDING FOR AN ISSUANCE FOR A NOTICE TO APPEAR; PROVIDING A DEFINITION; PROVIDING AUTHORIZATION TO ISSUE A NOTICE TO APPEAR FOR VIOLATIONS OF MUNICIPAL ORDINANCES; PROVIDING FOR SERVICE OF NOTICE; PROVIDING PENALTY FOR FAILURE TO APPEAR; PROVIDING FOR ISSUANCE OF WARRANT OR SUMMONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA; SECTION 1 : Definition. As used in this Ordinance unless the context clearly indicates otherwise "noticq to appear" means a written order issued by a City of Miami Beach police officer, code enforcement officer or inspector in lieu of physical arrest or summons requiring a person accused of violating the law to appear in a designated court of the City. SECTION 2 : Authorization to issue notice to appear. a. Police officers. 1. If a person is detained by a police officer for committing an offense declared to be a violation of any municipal ordinance triable in the municipal court of the City of Miami Beach, the police officer may issue such person a notice to appear unless : (a) The accused fails to sufficiently identify himself; or (b) The accused refuses to acknowledge, in writing, receipt of the notice to appear; or (c) The officer has reason to believe that the continued liberty of the accused constitutes an unreasonable risk of bodily injury to the accused, the officer, or other persons; or (d) The accused has no ties with the jurisdiction reasonably sufficient to assure his/her appear- ance or there is reason to believe that he will fail to respond to the notice; or (e) The officer has cause to believe that the accused may be wanted in any jurisdiction; or (f) It appears that the accused has previously failed to respond to a notice or a summons or a notice to appear, or has violated the conditions of any pretrial release program. 2. If a notice to appear is issued pursuant to sub- section (1) for a violation of a municipal ordinance the notice shall be issued promptly upon detention or after the person has been taken to police head- quarters . OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - , MIAMI BEACH, FLORIDA 33139 • • b. Code Enforcement Officers and Inspectors: 1. Any code enforcement officer or inspector of the City of Miami Beach who is charged with the enforcement of specified ordinances of the City and who has been authorized generally by the City Manager to issue notice to appear, may issue notices to appear when violations of the said ordinances persist after notice of a specific violation has been previously given to the accused. This power is limited solely to the issuance of notices to appear and does not confer any additional arrest powers upon these persons. The code enforcement officer or inspector may issue such a notice to appear unless; (a) The accused fails to sufficiently identify himself; or (b) The accused refuses to acknowledge in writing receipt of the field citation; or (c) That accused has no ties with the jurisdic- tion reasonable sufficient to assure his appear- ance or there is reason to believe that he will refuse to respond to the notice; or (d) It appears that the accused has previously failed to respond to a notice or a summons, notice to appear, or has violated the conditions of any pretrial release program. SECTION 3 : Factors, if obtainable, that may effect the determination as to whether or not to issue a notice to appear to the accused are his/her: a. Length of residence in the community; b. Family ties; c. Employment record; d. General mental condition; e. Past record of convictions; or f. Past history of appearance at court proceedings. SECTION 4 : The notice to appear shall be in such form as approved by the Senior Judge of the Municipal Court. The police officer, code enforcement officer or inspector shall prepare five (5) copies of the completed notice to appear. SECTION 5 : The accused, in order to secure release or be entitled to receive a notice to appear shall give his written promise to appear in court by signing the notice to appear. The police officer, code enforcement officer or inspector shall deliver one copy of the notice to appear to the accused person. SECTION 6 : If there is reasonable cause to believe that the accused will not appear after being issued a notice to appear, a warrant of arrest may be issued. -2- • OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 SECTION 7 : When a person signs a notice to appear acknowledging his promise to appear in Court and subsequently fails to respond to the notice to appear, a warrant of arrest may be issued. Any person who willfully fails to appear in court as required by the notice to appear and such other notice as may be issued by the court shall be fined not more than the fine of the principal charge or confined up to the maximum sentence of imprisonment or the principal charge, or both, regardless of the disposition of the charge upon which he was originally accused. Nothing in this section shall interfere with or prevent the court from exercising its power to punish for contempt. SECTION 8 : All ordinances or parts or ordinances in conflict herewith be and the same are hereby repealed. SECTION 9 : This ordinance shall go into effect upon its passage in accordance with the law. PASSED and ADOPTED this 16th day of October , 1974. .. 2 r y ayor Attest: *977,040U-7-t.( ‘,/ ra4.4-14.4."->o City Clerk 1st reading - September 19, 1974 2nd reading - October 16, 1974 POSTED - October 17, 1974 -3- • OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 STATE OF FLORIDA COUNTY OF DADE: I , ELAINE MATTHEWS, City Clerk, in and for the City of Miami Beach, Florida, do hereby certify that Ordinance No. 74-2010 entitled: AN ORDINANCE AMENDING CHAPTER 40 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, TO ADD THERETO A SECTION PROVIDING FOR AN ISSUANCE FOR A NOTICE TO APPEAR; PROVIDING A DEFINITION; PROVIDING AUTHORIZATION TO ISSUE A NOTICE TO APPEAR FOR VIO- LATIONS OF MUNICIPAL ORDINANCES; PROVIDING FOR SERVICE OF NO- TICE; PROVIDING PENALTY FOR FAILURE TO APPEAR; PROVIDING FOR ISSUANCE OF WARRANT OR SUMMONS. having been passed and adopted by:the City Council of the City of Miami Beach, Florida, has been posted by me at the door of the City Hall in said City on the 17th day of October , 1974, 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 20th day of November , 1974, City Clerk •1 m Ct. - U) CD O c 4- 4-' f6 O c d) •— (1) U "U "C1 •- L O 4-) 0 O v 0 O N (U N t d) Q. 1 .1-i • �n U J N.4- N •- < O•- C v1 • 3 C -- 0 0 O E 4- • ) CCW L C O •- O <--) N O > 4-r•- V) 0 < C14-1 C 1- = z (0 r0 0 0- - sN - n (.).- +-1 L CC L (0 (1) ® 0)0 t C t O +1 •_ • 0 J > C Q) L C E a) O (6 < L 4-