Ordinance 89-2648 ORDINANCE NO. 89-2648
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING SECTION 25-
28. 3 OF THE MIAMI BEACH CITY CODE BY PROVIDING
THAT A JUVENILE 'S PARENT(S) , FOSTER PARENT(S) ,
GUARDIAN(S) , OR CUSTODIAN(S) SHALL BE LIABLE
FOR ANY MONETARY PENALTY ASSESSED FOR A
JUVENILE'S VIOLATION OF SECTION 25-27 THROUGH
AND INCLUDING 25-28 . 2 MIAMI BEACH CITY CODE;
PROVIDING FOR REPEALER, SEVERABILITY AND
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1: - That Section 25-28 . 3 of the Miami Beach City Code is
hereby amended to read as follows:
SECTION 25-28.3. VIOLATION AND PENALTY.
(a) Violation of sections 25-27 through and including 25-28 . 2
shall be punishable by a fine not to exceed one thousand dollars
and one hundred hours of community service or by imprisonment in
jail for a term not to exceed six months or by such fine, community
service and imprisonment. In the event the person who violates
Sections 25-27 through and including 25-28 . 2 is a "juvenile" as
defined in Fla. Stat. §39 . 01 (7) , then the juvenile' s parent (s) ,
foster parent(s) , guardian(s) , or custodian(s) shall be liable for
any monetary penalty under this Section.
(b) The City of Miami Beach may institute a civil action
against any person who violates Sections 25-27 through and
including 25-28 . 2 , or if the violator is a juvenile, then against
the juvenile ' s parent(s) , foster parent(s) , quardian(s) , or
custodian(s) 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. In the event the violator is a juvenile, then the
juvenile ' s parent(s) , foster parent (s) , guardian(s) , or
custodian(s) shall be liable for any 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
against any person who violates Sections 25-27 through and
including 25-28 . 2 , or if the violator is a juvenile, then such
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civil action may be brought against the juvenile' s parent(s) ,
foster parent(s) , guardian(s) , or custodian(s) 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
per offense. In the event the violator is a juvenile, then the
juvenile' s parent(s) , foster parent(s) , guardian(s) , or
custodian(s) shall be liable for any civil penalty under this
section. (Ord. No. 81-2283 , Section 3 ; Ord. No. 84-2426, Section
4 ; Ord. No. 85-2498 , Section 1. )
SECTION 2 : REPEALER: That all ordinances or parts of ordinances
in conflict be and the same are hereby repealed.
SECTION 3: SEVERABILITY: If any section, sub-section, sentence,
clause, phrase, or portion of this ordinance is for any reason,
held invalid or unconstitutional by a 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 4 : EFFECTIVE DATE: That this ordinance shall take effect
ten days after its adoption on June 17, , 1969 .
PASSED AND ADOPTED this 7th day of •une /m , l9 .
AliMri
ATTEST: / MA`OR
FORM APPROVED
CITY CLERK
1st reading 5/24/89 LEG L DEP . 0
2nd reading 6/7/89
BY
Dete �.�11 ?f `
REF: 12\GRAFFITI.ORD
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