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Ordinance 1131 ( • fit ORDINANCE NO. 1131 AN ORDINANCE AMENDING "THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, 1950", WHEREAS, there have been numerous instances of child molestation in the community; and WHEREAS, the conditions normally existing in theatres dur- ing child matinees, that is to say, the relative darkness which prevails, the pre-occupation of normal persons with the enter- tainment and the congregation of children, tend to attract and afford persons of evil intent with greater opportunity to molest children; and WHEREAS, th owners and operators of thc.:at ,es s.lould be invested with apl)ropriate authority to combat and prevent child molestation on their premises, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1 : That "The Code of the City of Miami Beach, Florida, 1950", be and it is hereby amended by adding thereto immediately after Section 22.16 thereof, the following sections : SEC. 22.16.1. For the purpose of Sections 22.16.1 through 22.16.8 of this Code, child molestation shall be as defined in Section 801.02, Florida Statutes, 1953. SEC. 22.16.2. Every theatre operator in the City of Miami Beach, Florida, to which minors are invited for child matinees, shall have on duty one or more adult persons whose duty it shall be during such matinees and the performance following such matinees on Saturdays, continuously to patrol the aisles of such theatres for the pur- pose of preventing child molestation and to dis- cover and apprehend any persons who are engaged upon or who may be about to engage in such conduct. To comply with this section, the operator of any theatre may utilize the services of any employee qualified as provided in Section 22.16.3 of this Code, or the services of any other person so qualifying, and in any event, the compensation of the person or persons so employed shall be paid by the theatre operator. SEC. 22.16.3. The persons required to be on duty under the provisions of Section 22.16.2 of this Code shall be persons of good moral character, not less than twenty-one years of age, who shall have been regis- tered with the Police Department. All applicants for such registration, among other things, shall submit to fingerprinting and shall demonstrate that, either by experience or satisfactory completion of the special course of instruction offered by the Police Academy of the City of Miami, he or she is qualified to per- form the duties pertaining to his or her office. Thereupon, such persons shall be appointed by the Police Department as special officers, and shall have issued to them an appropriate badge or other form of identification. Their sole authority shall be to maintain order and to make arrests on the theatre premises of persons whom they apprehend either in. the commission of or after completion of acts of child molestation, or to eject from the theatre premises any person who, upr+n reasonable grounds, they have cause to believe is about to engage in such conduct, -1- SEC. 22.16.4. Any person arrested by such Special Police Officers shall be detained until his delivery into the custody of the Police Department can be effected and the disposition of any charge lodged against him shall thereafter be had as required by law. SEC. 22.16.5. In order to more fully and adequately protect against child molestation, each theatre shall have set apart an appropriately marked section reasonably adequate to accommodate the number of persons over fourteen years of age who normally attend or may be expected to attend child matinees, and such persons shall occupy only such section during child matinees; provided, how- ever, that any theatre operator may refuse , during child matinees, to admit any person over fourteen years of age not accompanied by a child actually or apparently fourteen years of age or under. SEC. 22.16.6. It shall be the duty of the Special Police Officers to require persons over fourteen years of age to occupy the separate section provided for them and to prevent persons actually or apparently under the age of fourteen years from occupying such separate section during child matinees . Any parent accompanying a child who is not actually or apparently above the age of fourteen years and who desires to be seated with such child during a child matinee shall take such child into the section of the theatre set apart for persons over fourteen years of age . SEC. 22.16.7 . The Special Police Officers mentioned in Section 22.16.3 hereof shall have authority to eject from the theatre, without refund of the admission charge paid by him, any person, minor or adult, who shall refuse to comply with the requirements of Section 22.16.6 hereof, or observe order, provided, however, that in the case of any child not over the age of fourteen and not accompanied by a person over that age, who, if ejected, would be incapable of taking care of himself, the Special Police Officer shall notify the parent or other adult member of the family of such child to imme- diately call for him at the theatre, or if such parent or other person cannot be contacted, shall surrender such child into the protective custody of the Police Department. SEC. 22.16.8. It shall be the duty of every theatre operator not only to comply with the requirements above set forth, but also to properly supervise the activities of such Special Police Officers, whose commission or appointment may be revoked by the Police Department if they fail or refuse to perform their duties in accordance with the terms of Section 22.16.1 through Section 22.16.7 hereof. SECTION 2: This ordinance is an exercise of the police power of the City of Miami Beach, and is designed for the protection of the public health, safety, morals and welfare . If any provision hereof shall be declared invalid by any court of competent jurisdiction, such declaration of invalidity shall not affect the validity of any other provision. -2- SECTION 3: All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4: That this ordinance shall go into effect imme- diately upon its passage and posting as provided by law. PASSED and ADOPTED this 6th day of October, A.D. 1954. Mayor f ATTEST: C. W. TOMLINSON, City Clerk By: , Deputy .=Clerk 1st reading - September 15, 1954 2nd reading -- September 15, 1954 3rd reading - October 6, 1954 POSTED - October 6, 1954 STATE OF FLORIDA 'COUNTY OF DADE: I, C. W. TOMLINSON, City Clerk in and for the City of Miami Beach, Florida, do hereby certify that Ordinance No. 1131, entitled: "AN ORDINANCE AMENDING 'THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, 1950' ", having been passed and adopted by the City Council of the City of Miami Beach, Florida, has been posted by me in three conspicuous places in the City of Miami Beach, one of which was at the door of the City Hall in said City on the 6th day of October, 1954, 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 17th day of November, A. D. 1954. C. W. T linson, City Clerk By Deputy City erk • r-4 • Cr) 0) H O a H -I-' < • b � z 0 0 N r. H Z O a) w H W b0� 0 0 rel5ci T1 0) z rci � qH H -P 0 U rl