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94-21178 RESO Incomplete RESOLUTION NO. 94-21178 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACKNOWLEDGING METROPOLITAN DADE COUNTY ORDINANCE NO. 94-41 WHICH PROHIBITED AGGRESSIVE OR OBSTRUCTIVE PANHANDLING, AND DIRECTING THE MIAMI BEACH POLICE DEPARTMENT TO ENFORCE THE PROVISIONS THEREOF. WHEREAS, on March 17, 1994, the Metropolitan Dade County Commission passed and adopted its Ordinance No. 94-41 which created Section 21-31.4 of the Metropolitan Dade County Code, prohibiting aggressive or obstructive panhandling; and WHEREAS, as legislative support for this Ordinance, Dade County Ordinance No. 94-41 states, in pertinent part, as follows: Whereas, aggressive panhandling, in which a person begs money or goods in a manner intended to intimidate others into giving, is a public nuisance which frightens children and adults and harms neighborhoods and neighborhood businesses by causing people to avoid places where such aggressive begging takes place; and Whereas, panhandlers who obstruct sidewalks causing pedestrians to step off the sidewalk and who obstruct lanes of traffic causing vehicles to change lanes to avoid contact are a public nuisance and a danger to themselves and others; and Whereas, adequate opportunities exist for people to beg alms without aggressively panhandling or obstructing sidewalks and lanes of traffic ...; and WHEREAS, the City of Miami Beach acknowledges the above-stated legislative intent of the County's Aggressive Begging Ordinance and recognizes its legislative efforts; and WHEREAS, Dade County Ordinance No. 94-41 has application to all municipalities within Dade County. NOW, THEREFORE, be it duly resolved by the Mayor and City Commission of the City of Miami Beach, Florida, that it hereby acknowledges Metropolitan Dade County Ordinance No. 94-41 prohibiting aggressive or obstructive panhandling and directs the Miami Beach Police Department to enforce the terms of Dade County Ordinance No. 94-41, consistent with constitutional dictates. PASSED and ADOPTED this 1st day of June, 1994. ATTEST: (signed) Richard E. Brown City Clerk (signed) Seymour Gelber Mayor (Requested by Commissioner David pearlson) e3~2/~4 ~9~15 tt30S37S24~ nERK Of BOARD ... C' iY M I A 8C1i LGL ~ae3 OBDlNANCE No.. ORDINANCE eREA TING SECTION 21-3 \ 4 Of THE DADE coUNTY CODE. PROI-DBlitNO AOORESSlVE OR OBSTRUCT(VE pANHANDL1NG~ PROVIDING DEFINITlONS. PENALTIES. SEVERABILITY. INCLUSION IN mE CODE. AND AN EFFEcnVE DATE lu~tltutl f\lm1n non m. 1 if) 3-1S-9. 94 · ~~ 1 ~ WHEREAS. aaar...iv. panhandlinS. in which a pe"on b'lIs money or llooc1. in a_ intended to intimidate othen into givins. i. a public nuilllllce which !\iiht... children and acIuIU and hannS nei&bborboocls and neishb<>rhoocl busin.- by Clusina people'" avoid pi"'" when IUCh apralive begin, takes p'ace~ and WHEREAS. panhandlers who 0_ sidewalkl "",,sinll ~. to step off the sidewalk and who ob.tNetl.... or Iralllc causina veNd.. to chilli' ,.... 10 avoid conllct are a public nuisance and a danpi' to lhemMIves and others. and WSEREAS. acI......t. opportunitiea cxilt foe people to bel a1m1 .,;- l88'esaivoIy panhandtinl or obttNctin& sidewalks and laDes or uatIic. NOW. THEREfORE. BE rr ORDAINED BY THE BOARD or couNTY COMMISSIONERS OF DADE COUNTY. FLORIDA: 4 e3/(~/94 09' 15 t!30S37S24S4 CLERK OF BOARD ... C I TV M I A B<"H LCL ~ 0004 ..' T - Section I. Su.b.~itut. laJ. liens ~6 Q(DJ Pile No 2 Section 21-314 or the Code of Metropolitan Dade County. Florida. is hereby created to read II follows: See, 21-31.... Aggressive or Obstructive Panhandling Proh.ibited. A, Definition.. The foltowina definitions apply in this section: 1. - Auressively beg" means to beg Mth the intent to intimidate another person into giving money or goods. 2. -Intimidate- meaN to enl. in conduct which would make I reasonable pawson re.a~1 or feel com~el1ed, Amona the circ:wnstancea which may be conlldued in detenninin, whether the aClor intends to intimidate another penon into aMna money or goods are that the aaor: (a) touches the per10ft solicited; (b) (ollows the penon solicited. and persists in bef&ina after the penon solicited has given a ncsatJve response; (e) directs profane or abusive lansuaae toward the penon solicited; or (d) uses violent or threatening gestures toward the penon IOlicited. ), -B.. means to uk or solicit ror money or loads u a charity. whether by word. bodily les1urea, sian-. or other means. "Ob.ruct pedestrian or vchic::uJar traffic" means to walk. IWHI. lit. ti.. or place 1ft objoct in euell . manner u to block puliS' by another penon or I vehicle. or to reqwre MOther penon or . dri~ or I vehicle to take unreasonable evasive action to avoid phyaicaJ contact. .Public place. means an area generally visible to public VlCW and includes alleys. bridgea. buildings. driveways. parkina lots. parka.plazu. sidewaJb and streets open to the seneral publie. indudin, tho.. that serve food or drink or provide entertanunent. and the doorway. and cntrln(iCI to buildinp or dwel1in81 and thell'ound. enc:lolinS them. .., s, 6. " .Unreasonable evasive action- means cauq . . vehicle to depu:t from the lane of'traftlc ill wtddl it i. travelins to chana.lanes. to ItTIddJe lanes. or to enter onto I awaIe to obtain p~.~ it also mana causinS a pedestrian to leave the sidewalk on which j Section 2. 3053752'184 CLERk OF BOARD ... CITY MIA 8CH LeL ~OO5 Sub.titae Agenda hem No, 7 ( P ) Paae No. 1 she or he is t1lwlina or to nWcc contact with a wall or fence bordering tho sidewalk, 8, Prohibi1ed A"ttl A person is guilty or pedestrian interference ir. in a public place, he or the intent;on.aJly: I ' Obstructs pedmrian or vehicular traffic; or 2, Agaressivdy boas, c Pennittcd Activities, Acts authorized as an exercise of one'l constitutional right to picket or to ~aJJy protelt. and acts authorized by I pamit duly issued by a IawNJ authority shall not constitute obstruction of pedestrian or vehicular traIBc, 0, Penalties, The t;nr violl1ion of this provision shaJl be punishable by not more than I fine ofSJOO and 30 days Incarceration; second and sub~uent violations shAll be punishabl~ by not more than I tine of S200 and 60 clay. I ncarc:crulon , E. Alternative ProSflllll. Nothina herein lhalllimit the discretion orttIC police, court petSOMel. and jud,a trom refenina individuaJllUspected, charaed. or conVicted of I violation orthis proviaion to treatment proJI'IIN Of facilities u an alternative to prosecution or incarceration, providod that the individual freely content.. For homeJeu individuals, Neb alternative pro.ram. shaD inck,de. but not be limited to, the Dade County HomeJeu A..istance Project. If any MCtion. IUbMCtion. sentence, cJause or provilion of thi. ordinance is held invalid, the remainder of this ordinance shall not be aft'ected by IUch invalidity, Section 3, It is the intention of the Board of County Commissioners, and it iJ hereby ordained that the provisions orthis ordinance shaJl become and be made a pan orthe Code of Metropolitan Dade County, f10ridL The sections of this ordiftl.J1Ce may be renumbered or relettered to accompliah such intention, and the word "ordinance. may be chanSed to · IeCti on. " "anicJc." or other appropriate word, aID''' ~ 6 -- 03/22~94 09:18 "3053752464 r [(' CLERK OF BOARD ... CITY MIA BCH LCL ~006 Subatitute Aaendl Item No. 1 ( P) Page No, 4 Section 4. This ordinance shall become effective ten (10) daY' after the date of enactment PASSED AND ADOPTED: Approved by County Attorney u to (orm and legal sufficiency. Prepared by: MAR 1 7 199. I!A(, -;\.- t- o '1 CITY OF MIAMI BEACH C:""HAi...L 1700 CONVENTON CE"'-ER :::;R'vE \1IAM! BEACH FLOP L;A 3J :39 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. 3/9-9<1 TO: Mayor Seymour Gelber and Members of the City Commission DATE: June 1, 1994 FROM: Roger M, Carr (). /:l J - City Manager ~ SUBJECT: AGGRESSIVE BEGGING RESOLUTION ADMINISTRATION RECOMMENDATION: It is recommended that the City Commission approve a Resolution acknowledging Metropolitan Dade County Ordinance No. 94-41 which prohibits aggressive or obstructive panhandling and directing the Miami Beach Police Department to enforce the provisions thereof. BACKGROUND: On March l7, 1994 the Metropolitan Dade County Commission passed and adopted its Ordinance No. 94-41 which created section 2l-31-4 of the Metropolitan Dade County Code, prohibiting aggressive or obstructi ve panhandl ing. This Ordinance was enacted in response to numerous complaints involving panhandlers who obstruct sidewalks, intimidate and create fear in the general public and create an unsafe condition for vehicular traffic. The Police Department will enforce the proposed Ordinance as any other Ordinance violation. The officers will be encouraged to warn violators on their first offense, and as long as the action is discontinued there will be no further action. Failure to obey the intent of this Ordinance could result in incarceration. Officers exercising their arrest powers will use the Metro Dade County Ordinance in conjunction with the City'S enabling code. CONCLUSION: The City Commission should endorse the proposed Metropolitan Dade County Ordinance in support of controlling this public nuisance. 1 AGENDA ITEM R-1-f1 10-1-94 DATE RESOLUTION NO. 1 ()l led LiLI - ________H_ -., THB KAYOR AND CITY COMMISSION 0., MIAMI BEACH, "LORIDA, METROPOLITAN DADE COUNTY I. 94-41 WHICH PROHIBITED f. ,-- ~~.7 ,c, . .' ~)A OBSTRUCTIVE PANHANDLING, AND , f f ~ ((",.....lUAMI BEACH POLICB DEPARTMENT TO L'J,' (U~ <.4-" . .') ,OVISIONS THEREO.,. () t'. v (~' r, L 'c,l.. L-V ().._.'-:> f / e.o--J <..J. ~<'.iL K.."->ulv-tiu..... I r, -tL- ( I (,', \e'l 0 (I 'I cL.. ", 1'1,",-\' "lL -). r-- \. LV"''-j )(la:S I L::> ...._....._........ I '-'II .....laL ......J1 17, 1994, the Metropol i tan Dade County commission passed and adopted its Ordinance No. 94-4l which created section 21-3l.4 of the Metropolitan Dade County Code, prohibiting aggressive or obstructive panhandling; and WHEREAS, as legislative support for this Ordinance, Dade County Ordinance No. 94-41 states, in pertinent part, as follows: Whereas, aggressive panhandling, in which a person begs money or goods in a manner intended to intimidate others into giving, is a public nuisance which frightens children and adults and harms neighborhoods and neighborhood businesses by causing people to avoid places where such aggressive begging takes place; and Whereas, panhandlers who obstruct sidewalks causing pedestrians to step off the sidewalk and who obstruct lanes of traffic causing vehicles to change lanes to avoid contact are a public nuisance and a danger to themselves and others; and Whereas, adequate opportunities exist for people to beg alms without aggressively panhandling or obstructing sidewalks and lanes of traffic ... ; and WHEREAS, the City of Miami Beach acknowledges the above-stated legislative intent of the County's Aggressive Begging Ordinance and recognizes its legislative efforts; and WHEREAS, Dade County Ordinance No. 94-4l has application to all municipalities within Dade County. NOW, THEREFORE, be it duly resolved by the Mayor and City Commission of the City of Miami Beach, Florida, that it hereby acknowledges Metropolitan Dade County Ordinance No. 94-41 prohibiting aggressive or obstructive panhandling and directs the 2 1 A~~~~~ _/ -11 DATE G-/-9Y Miami Beach Police Department to enforce the terms of Dade County Ordinance No. 94-41, consistent with constitutional dictates. PASSED and ADOPTED this day of , 1994. MAYOR CITY CLERK ATTEST: (Requested by Co~ssioner David Pearlson) Ic:\jean\commiss\aggpan,res) 3 2