Ordinance 84-2426 ORDINANCE NO. 84-2426
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING
SECTIONS 25-27, 25-28 , 25-28 . 2 AND 25. 28. 3 OF
THE MIAMI BEACH CITY CODE, PERTAINING TO
MALICIOUS DAMAGE; PLACING OF SIGNS , SLOGANS ,
ETC. , THEREON; GRAFFITI THREATS BASED ON RACE,
COLOR, CREED OR RELIGION; VIOLATION AND
PENALTY; PROVIDING FOR SEVERABILITY; REPEALING
ALL ORDINANCES IN CONFLICT THEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1.
That section 25-27 of the Miami Beach City Code is hereby amended
to read:
Sec. 25-27. Churches, homes, public buildings, etc. -
Malicious damage.
It shall be unlawful for any person, maliciously,
wantonly or without the knowledge and consent of the owner,
to mar , deface, damage or destroy the exterior , interior or
wall or appurtenance of any place of abode, municipal
recreational area or facility, office, store, public
building, church, synagogue, school or other building
constructed or used for religious or educational purposes.
SECTION 2 .
That section 25-28 of the Miami Beach City Code is hereby amended
to read:
Sec. 25-28. Same - Placing of signs, slogans, etc. , thereon.
It shall be unlawful for any person wilfully or
maliciously to affix or attach by any means whatsoever upon
any place of abode, municipal recreational area or facility,
office, store, public building or way, church, synagogue, or
other building constructed or used for religious or
educational purposes or any place therein; or any wall or
appurtenance thereof, any paint, crayon, .chalk, sign, poster
or placard with unlawful intent to damage, deface or defile
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
such place of abode, municipal recreational area or facility,
office, store, public building or way, church or synagogue or
other building constructed or used for religious or
educational purposes or to defame any person occupying or
using the same. (Ord. No. 1370 , §1. )
1. For state law as to malicious injury to buildings and
structures, see Fla. Stats. , §§822. 01 to 822. 23.
SECTION 3.
That Section 25-28 . 2 of the Miami Beach City Code is hereby
amended to read:
Sec. 25-28.2. Same - Graffiti threats based on race, color,
creed or religion.
No person shall purposely deface or damage without
authorization of the owner or tenant, any private or public
premises or property primarily used for religious,
educational, residential, memorial, recreational, 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. (Ord. No. 81-2283 , §2. )
SECTION 4 .
That Section 25-28 . 3 of the Miami Beach City Code is hereby
amended to read:
Sec. 25-28.3. Violation and penalty.
A) Violation of sections 25-2$-1 and 25-2$72 25-27
through 25-28 . 2 shall be punishable by a fine not to exceed
one thousand dollars and 100 hours of community service or by
imprisonment in jail for a term not to exceed ninety days or
by such fine, community service and imprisonment. (Ord.
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH, FLORIDA 33139
No. 81-2283 , §3. )
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 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 ($1,000 . 00) per offense.
SECTION 5 . SEVERABILITY,
If any section, subsection, sentence, clause, phrase or portion of
this ordinance is, for any reason, held invalid or
unconstitutional by any 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. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
SECTION 7 . EFFECTIVE DATE.
This ordinance shall take effect ten (10) days after adoption in
accordance with law on August 4 1984 .
PASSED and ADOPTED this 25th day of July ,
1984 .
MAYOR
ATTEST:
City Clerk " �
1st Reading - July 11th, 1984
2nd Reading - July 25, 1984 /� �
Words stfl ek thfet�gh have been deleted. LJG
Words underlined have been added.
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH, FLORIDA 33139
CITY OF MIAMI BEACH
••TO: M. Louise Barrett DATE: 8-1-84
City Attorney
tf) /
FROM: Louis David Huss
Assistant City Attorney
SUBJECT: Imprecise Criminal Penalties
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You have asked me to research whether a penalty
provision of an ordinance can be stated as "the
maximum permitted by state law." Briefly, all
municipal ordinance violations are classified
as first or second degree misdemeanors depending
on the statutory declaration. See, 1775. 081(2) ,
Fla. Stat. (1983) . A first degree misdemeanor is
punishable by a fine not to exceed $1, 000 and a
prison term not to exceed one year. 11775. 083(1)
(d) and 775. 082(4) (a) (1983) . A second degree mis-
demeanor is punishable by a fine not to exceed
$500 and a prison term not to exceed 60 days.
11775. 083 (1) (e) and 775. 082(4) (b) (1983) . Case law
clearly states that the judiciary may not impose
penalties in excess of what the legislature states.
Therefore by stating "the maximum permitted by state
law" without more precise guidelines would be suspect
as state law would possibly authorize a felony level 4
penalty where none could exist under municipal ord-
inance.
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