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Ordinance 89-2649
ORDINANCE NO. 89-2649 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REPEALING CHAPTER 40 OF THE MIAMI BEACH CITY CODE ENTITLED, "SUMMONSES AND WARRANTS", REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Chapter 40, of the Miami Beach City Code, which reads as follows: See: 40-1: 1ss anee of warrants by muRieipal }ridge; asseeiate muRieipa4 Of eity eleFk: The mmRiel-pal }ridge; asseeiate musieipal }ridge OF the eity elerk may issue warrants against person eharged eR oath with violating the previsions of this Cede OF ether eFdinaRees of the city: 4OFd: NO: 1049 See-Tit OFd: NOT 1169 See: 8:) See: 40-2: GFewRds ler issuanee of warrants: A warrant may be issued; for the arrest of the perses eemplained agatRst; the judge OF the elerk; fiem the examiRaties of the eemplainaRt of the ether witnesses; if way: has reasenable gFeuad to believe that aRy AFdinaRee was violated and that the perses against whom the eemplaiRt was made; eemmitted sueh vielatieR:k©Fd: Ne: 1049; See:It NeT 4469; Sees&:} See: 40-3: CeRteRts of warrants: The warrant of arrest shall+ 4a) Be is writing and is the same of the state: 4b) Set forth substantially the nature of the offense: -4e) Cemmand that the perses against whom the eemplaist was made be arrested and brought before ese of the judges of the munieipal eeurts 4d) Speeify the same of the peFsoR te be arrested or: if his same is HRkRAWR to the effieer issuing such warrant of arrest; designate sueh peFseR by aRy same er dese rptieR by whi-eh he eas be idestified with reaseRable eertaiRtys 4e} State the date when issued= 4f) Be signed by the off-leer issuing the warrant with the title of his ef€iee= 4g4 Be eRdersed with the ameeuRt of bail and the FetuFR day: kOFd: Nes 4049; See: 3t OFd: NO: 1469; See: 84 See: 40-4: Warrants direeted te and exeeuted by ehief of pelieet when arrest may be made: A warrant issued pursuant to this ehapter shall be direeted to the ehief of pe4iee and shall be exeeuted eR4y by the ehief of police OF a duly authorized peliee effieer of the eity: AR arrest may be made OR aRy day and at aRy time of the day er Right=40Fds NOT 1049; See: 4t Ord: NOT 1469; See: 8-.) See: 40-5: When summons may be issued instead of warrant: A summeRs; instead of a warrant of arrest; shall be issued unless the issuing effieer has reaseRable ground to believe that the person against whom the eemplaiRt was made will Rot appear open a summers; iR whieh ease he shall issue a warrant of arrests kOFds NeT 1049; See: 5; CFd= NOT 1169; See: 8.4 SeEs48-62-CeRteRts of Sum MORS: The summers shall set forth substantially the nature of the offense; and shall -1- eemmand the perser against whom the eemplaiRt was made to appear befefe one of the }edges of the muRfefpal ceurt at a time and place stated there+R: 40rd: No: 4849; See: 6# Ofd: Ne. 4469; See: 8:3 See: 49-2: IsseaRee of waffaRt upOR failure to appear as eemmanded by summeRs: If the perseR fails to appear as eemmanded by the summons; a warrant of arrest shall be issued: If; after fssuirg a summeRs; the issuing offieers becomes satisfied that the perseR summered w-ill Ret appear as eemmanded by the summeRs; he may at once issue a warraRt of arrest. 40fd: Ne: 49493 See: 2# Ord: Ne: lf69; See: 8:} See: 4A-8: Netiee to appear--DefiRed: As used fR seetfeRs 40-9 to 49-14 unless the eeRtext clearly +Rdfeates etherwfse "notice to appear!! means a written order issued by a city pollee efffee; cede enfereemeRt effieef of +Rspeeter in lieu of physical arrest er summons requiring a persOR aeeused of vfelating the law to appear fR a desigRated eeuft e€ the city:(Ord: NO: 24-29193 See: IT) See: 49-9: Same--Authefity to issue: (a) Felice Offieefs 41) If a perseR is detained by a, peliee efficef ler eemmitting aR effeRse deelafed to be a vielatieR of any muRiefpal ofdiRaRee triable iR the muRiefpal eeurt of the eity; the police of€leer may issue such perseR a Retiee to appear unless+ 4a) The aeeused fails to sufffetently fdertify himself} or 4b) The aeeused fetuses to aekRewledge; iR writ4Rg; reeeipt of the Retfee to appear; er 4e) The effieef has reason to believe that the eentiRued liberty of the accused eenstftutes aR uRfeaseRable risk of bedily iR}ufy to the aeeused; the effieer-; OF ether pefseRSt OF 4(4) The aeeused has Re ti-es with the }urfsdietfeR feaseRably suffiefeRt to assure his/her appearance of there is reason to believe that he will fail to fespeRd to the Retieet er 4e) The efffeef has eause to believe that the aeeused may be wanted in any }urfsdietieRt er 4f) It appears that the aeeused has previously failed to respeRd to a Retfee or a summeRs OF a notice to appear; er has violated the eenditfens of any pretrial release pfegram: 42) If a Rotfee to appear is issued pufsuart to subseetieR 44) ler a vielatien of a muRfeipal efdinaRee the Retiee shall be issued promptly open detentfen OF aper the pefseR has been taken to pollee headquarters.- 4b) eadquarters:4b) Cede enfereement ef€ieefs and inspeetofs: Any cede enforcement officer er iRspeetef of the city whe fs eharged with the enfereement of specified efdiRarees of the city and who has been authorized geRefally by the efty manager to -issue netfees to appear-; may issue netfees to appear when vfelations of sueh erdfnanees persist after retiee of a specific vfelatien has been prevfeusly given to the aeeused: This power is limited solely to the issuanee of notices to appear and does net eenfer any additional arrest pewers open these persens: The cede enfereemert e€€tee} or iRspeeter may issue such a retiee to appear uRlesst 41) The aeeused fails to sufffeiently identify himself} of 42) The aeeused refuses to aekRewledge i-n writing feeeipt of the field citatfent or 43). That aeeused has Re ties with the }uffsdfetfen reasonably suffieient to assure his appearanee er there is feaseR to believe that he will refuse to respond to the Roticet OF 40 It appears that the accused has previously failed to respend to a Rotiee or a summers; notice to appeal or has violated the conditions of any pretrial release program:40rd: NO: 24-2010; See: 2:} See: 4049: Same--2yaeters determining -issuance: Pactefs; i-f obtainable; that may affect the determination as to whether or Rot to issue a notice to appear to the aeeused are his/heft -2- 4a) Length of residence in the eemmunityt 410 Family tees# 4e) Employment FeeeFdf 4d) General mental eenditienf 4e) Past reeeFd of eenvietions€ of 4€) Past history of appearance at eourt preeeediRgs: 4Ord: NO: 74- 29€9; See: 3r) See: 49-1f: Same--Perm: The netiee to appear shag be iR sueh form as approved by the senior jedge of the munieipal eeurt: The pelice elf-leery eede enfereement effieer or inspeeter shall prepare live espies of the eempleted netiee to appear 4OFd: No: 74-29f9y See: 4:) See: 49-f2: Same--To be signed by aeeesed# espy €oF aeeesed: The aeedsed iR eFdef to secure release or be entitled to Feeeive a netiee to appear shall give his written premise to appear iR eourt by signing the Renee to appear: The peliee effieeFy eede en€ereement eflieer or iRspeeter shall deliver one espy of the netiee to appear to the aeedsed person: 4Ord: No: 74- 29€9; See: 31) See: 49-f3: Same--When warrant of arrest issued: II there is reasonable cause to believe that the accused W4-11 Rot appear alter being issued a netiee to appeary a warrant of arrest may be issued: 4Ord: No: 74-29144 See: 6:) Seel 40-f4: Same--Failure to obey: When a person signs a notice to appear aeknewledging his premise to appear iR court and subsequently fags to respond to the netiee to appear- a warrant of arrest may be issued: Any person who will€ally fags to appear in court as required by the netiee to appear and sash ether netiee as may be issued by the court shall be €ined not mere than the fine of the principal charge OF een€fined up to the maximum sentenee of imprisonment or the principal ehargey or both; regardless of the disposition of the eharge upon whish he was eriginafly aeeesed: Nothing in this seetien shall -interfere with of prevent the eourt from exereising its power to punish for eentempt: 4OFd: NO: 74-29193 See: 7') is hereby repealed in its entirety, based upon Chapter 40's lack of applicability since the abolition of Municipal Courts and the regulation of matters relating to Summonses and Warrants being governed by Florida Statute Chapter 901. 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, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. -3- SECTION 4. EFFECTIVE DATE This ordinance shall take effect ten (10) days after its adoption, on July 1, 1989. PASSED and ADOPTED this 21st day of Jun= , • / MAY* ' / �y Attest: ??) _ ("A--2 CITY CLERK FON APPROVED MYS/pb 1st Reading - 6/7/89 G , 2nd Reading - 6/21/89av 1 �w Date -4- OFFICE OF THE CITY ATTORNEY 6,414„..z.,„ ziaiex ,;j// • F L O R I D A i ARNOLD M. WEINER `.,�� ,may' P.O. Box o MIAMI BEACH,FLORIDA 33119-2032 CITY ATTORNEY TELEPHONE(305)673-7470 TELECOPY (305)673-7002 COMMISSION MEMORANDUM lt,30(0-eq DATE: 7 June 1989 TO: MAYOR ALEX DAOUD and MEMBERS OF THE CITY COMMISSION FROM: ARNOLD M. WEINER City Attorney SUBJECT: REPEAL OF CHAPTER 40 - SUMMONSES AND WARRANTS - CITY OF MIAMI BEACH Chapter 40 of the Code of the City of Miami Beach is being repealed in its entirety, based upon lack of applicability since the abolition of Municipal Courts and the regulation of matters relating to Summonses and Warrants being governed by Florida Statute Chapter 901. AM W/MYS/pb 3 AGENDA I TEM DATE /) I -86( 1700 CONVENTION CENTER DRIVE— FOURTH FLOOR — MIAMI BEACH, FLORIDA 33139 • G) Cd cd U W Cd •rl J G G G D W CO CO •H G +J N •H U }., U I cd 0 O G a1 cd LH 4-I 00 •r1 C) 4I G •rl bp G • —4-O G g. zz 0O -o �d C7 LJ LH 1-1 0 0 O Cr) Cd aLH O Z 0 b-0 b0 • >~ A t7 •rl •rl 0 G H Cd •rl •rl ,u 4-.i G 3 D A. rl 0. G o ca 0 aa) a • +- -d CIO G - 'd CO 4-, cd •rl 0 4-i U r-I CJ >" •rf ›, ai cd 1-1 b., G �, Saw •rl la, }-i r I G •rl a1 0 •rl R', U3 U o