Ordinance 94-2932 ORDINANCE NO. 94-2932
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
MIAMI BEACH CITY CODE CHAPTER 25, ENTITLED
"OFFENSES-MISCELLANEOUS", AMENDING SECTION
25-28. 4, ENTITLED "AEROSOL SPRAY PAINT AND
BROAD-TIPPED INDELIBLE MARKERS-PROHIBITED SALE
TO MINORS" BY REQUIRING DISPLAY OF A SIGN
PROHIBITING SUCH SALE, REQUIRING STORAGE OF
SUCH AEROSOL SPRAY PAINT OR MARKER PENS WHERE
NOT READILY ACCESSIBLE TO MINORS, PROVIDING
FOR ENFORCEMENT, CIVIL FINES FOR VIOLATIONS,
APPEALS AND COLLECTION OF FINES; PROVIDING FOR
INJUNCTIONS FORBIDDING SPRAY PAINT AND MARKER
SALES IN STORES, HAVING THREE VIOLATIONS
WITHIN ONE CALENDAR YEAR; PROVIDING FOR A
REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. AMENDMENT OF SECTION 25-28 .4 .
That Section 25-28 . 4 of Miami Beach City Code Chapter 25,
entitled "Offenses-Miscellaneous" is hereby amended to read as
follows:
25-28. 4 Aerosol Spray Paint and Broad-Tipped Indelible
Markers - Prohibited Sale to Minors
(a) As used in this section, the term the following
words shall have the following meanings:
(1) "Broad-tipped indelible marker" shall mean any
felt-tipped pen, marker or similar implement which is
insoluble in water.
(2) "Offense" shall mean either an uncontested
notice of violation issued by a code inspector or a finding of
violation by a Special Master.
(3) Person shall mean any individual, corporation,
partnership, limited partnership, trust or other business
entity.
(b) It shall be unlawful for any person to sell, barter,
exchange or otherwise transfer any aerosol containers of spray
paint or any broad-tipped indelible marker to any person under
the age of eighteen years.
(c) Every person who owns, conducts, operates or manages
a retail commercial establishment selling aerosol containers of
spray paint or broad-tipped indelible markers shall :
(1) Place a sign in clear public view at or near
the display of such products stating:
"Graffiti is a crime . Any person defacing
real or personal property not his or her own
with paint or any other liquid or devise is
guilty of a crime punishable by imprisonment
for up to six months, a fine up to $1000 and
one hundred hours of community service" ;
(2) Place a sign in the direct view of such persons
responsible for accepting customer payment for aerosol
containers of spray paint or broad-tipped indelible markers
stating:
"It is a violation of the law punishable by a civil
fine of $100 to sell aerosol containers of spray
paint or broad-tipped indelible markers to persons
under 18 years of age :
and
(3) store or cause such aerosol containers or
marker pens to be stored either in the direct line of sight
from the cash-register work station or any other work station
that is normally continuously occupied while the store is
open, or in a place not accessible to the public in the
regular course of business without employee assistance,
pending legal sale or disposition of such marker pens or paint
containers .
(d) Penalties . Violation of paragraphs (b) and (c)
above shall result in a civil penalty of $100 for a
first offense and $200 for all subsequent offenses
within twelve months of a prior offense . When three such
offenses occur within any calendar year at a commercial
establishment, that establishment shall be subject to an
injunction from a court of competent jurisdiction forbidding
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the sale of aerosol containers of spray paint and broad-tipped
indelible markers for a period of two years.
(e) Procedures for enforcement, appeals and collection
of fines by the City shall be as provided in Section 25-126( c)
of this Code.
SECTION 2 . REPEALER.
All ordinances or parts of ordinances in conflict herewith be
and the same are hereby repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this
Ordinance is held invalid, the remainder shall not be affected by
such invalidity.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect on the 6th day of
August , 1994 .
PASSED and ADOPTED this 28th day of July , 1994 .
ATTEST: / 11)�
VIC -MA. OR
(lak„j
CITY CLERK
1st reading 7/13/94
2nd reading 7/28/94
(Requested by Commissioner David Pearlson. )
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FORM APP' i ED
LE A ► PT.
Date acus `- 8 -?y
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OFFICE OF THE CITY ATTORNEY
6214 134 Am/ evead
F L O R I D A
LAURENCE FEINGOLD n�h P 0 BOX O
CITY ATTORNEY 'VCRj6"\ MIAMI BEACH. FLORIDA 33119-2032
TELEPHONE 13051 673-7470
TELECOPY (305)673-7002
COMMISSION MEMORANDUM NO: 114/2) -29(1
DATE: July 28, 1994
TO: MAYOR SEYMOUR GELBER
MEMBERS OF THE CITY COMMISSION
CITY MANAGER ROGER M. CARLTON
/ /
FROM: LAURENCE FEINGOLD``i/
CITY ATTORNEY 4 CC
SUBJECT: ORDINANCE REQUIRING SIGNAGE PROHIBITING SALE OF AEROSOL
SPRAY PAINT AND INDELIBLE MARKERS TO MINORS, REQUIRING
STORAGE WHERE INACCESSIBLE, AND PROVIDING FOR CIVIL FINES
Commissioner David Pearlson requested that our office draft
the attached Ordinance which amends City Code Section 25-28 . 4 which
prohibits the sale of aerosol spray paint and indelible markers to
minors . The attached amendment adds requirements for retail
establishments selling such products to display signage stating
that graffiti is a crime and that it is unlawful to sell aerosol
spray paint or indelible markers to minors . The amendment also
requires that .these products be stored where inaccessible to
minors.
The Ordinance provides for civil fines for offenses . An
offense is defined as an uncontested violation or a finding of
violation by a Special Master. Enforcement procedures will be as
set forth in City Code Section 25-126 (c) . Violators will receive
citations and fines which can be paid or appealed to a Special
Master. The fine for a first offense is $100 and $200 for
subsequent offenses within twelve months of a prior offense .
Additionally, the ordinance provides that businesses which have
three offenses within any calendar year may be enjoined by a court
from selling aerosol spray paint or indelible markers for a period
of two years .
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AGENDA
ITEM
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1700 CONVENTION CENTER DRIVE — FOURTH FLOOR — MIAMI BEACH, FLORIDA 33139
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