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Ordinance 81-2283ORDINANCE NO. 81-2283 AN ORDINANCE AMENDING SECTION 25-28 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, WHICH MAKES UNLAWFUL THE DEFACING OF PROPERTY PRIMARILY USED FOR RELIGIOUS PURPOSES IN THE CITY; PROVIDING PENALTIES THEREFOR AND PROVIDING CODIFICATION. WHEREAS, in recent months incidents involving the defacing of religious institutions have occurred in this City and throughout the country; and WHEREAS, current state, federal and local laws do not ade- quately address this problem; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: That Chapter 25 of the Code of the City of Miami Beach, Florida be amended by adding Section 25.28.1 reading as follows: "That it shall be unlawful to purposely, knowingly or recklessly put or attempt to put another in fear of bodily violence by placing on public or private property a symbol, an object, a characterization, an appellation or graffiti that exposes another to threats of violence, contempt or hatred on the basis of race, color, creed or religion, including, but not limited to a burning cross or Nazi swastika. A person shall not be guilty of an attempt unless his actions cause a serious and imminent likelihood of causing fear of unlawful bodily violence." SECTION 2: That Chapter 25 of the Code of the City of Miami Beach, Florida be amended by adding Section 25.28.2 reading as follows: "No person shall purposely deface or damage without authorization of the owner or tenant, any private premises or property primarily used for religious, educational, residential, memorial, charitable, or cemetery purposes, or for assembly by persons of a particular race, color, creed or religion by placing thereon a symbol, an object, a characterization, an appellation, or graffiti that exposes another to threat of violence, contempt or hatred on the basis of race, color, creed or religion, including, but not limited to, a burning cross or Nazi swastika." SECTION 3: Violation of this Ordinance shall be punishable by a fine not to exceed one thousand dollars or by impris- onment in jail for a term not to exceed ninety days or by both such fine and imprisonment. SECTION 4: All ordinances or parts of ordinances in conflict here- with be and the same are hereby repealed. OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 SECTION 5: EFFECTIVE DATE This ordinance shall take effect ten days after adoption, on November 28 , 1981. PASSED and ADOPTED THIS 18th day of ATTEST: CI Y CLERK First Reading 10/15/81 Second Reading - 11/18/81 JAR:jj APPROVED LEO L DEPT. By Date On i November , 1981. (Proposed by Commissioner Daoud) OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 it q ro 4.1 $.4 .n to o U a! a) (4-1 ct) aJ 4 0 0 $a 3 Sa a a1 a $4 4 M ao a) 4-4 N b O (1) N O m1 _ U o �0 it rl •H ' 1 z u a>; cd H •U ro•r gr. 1-1 Z ^ 4-1 a) ¢. o x oo v 14 •7-1 OWN 13.0 U 1 a) 1 + p ct1 Lr C • 0 r•1 u N 41 4-I •b •rl Z4i rl 44 H r-1 'tl . •ri Q U 0 0 O TJ 04 a1 4a U) f•+ 0 o cn 3 g a u ro ao r+ a, • ^ oa •r•+.41•r1 "0 O (0 01 U •H N •r1 a1 0 ro �+ 4 3a E ars a • 4