Ordinance 89-2653 ORDINANCE NO. 89-2653
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 25 OF THE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY ADDING
SECTION 25-33.2 PROVIDING FOR THE ISSUANCE OF
CITATIONS FOR THE COMMISSION OF CIVIL INFRACTIONS
RELATING TO DRINKING, SERVING, SELLING AND
POSSESSING ALCOHOL ON ANY PUBLIC BEACH AND ITS
ACCESS AREAS WITHIN THE CITY OF MIAMI BEACH:
REPEALING ORDINANCES IN CONFLICT HEREWITH,
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 25 of the Code of the City of Miami Beach is hereby Amended by adding the
following new Section 25-33.2 entitled "Consumption of Alcohol on Public Beaches"
reading as follows:
Section 25-33.2. "Consumption of Alcohol on Public Beaches"
A. Definitions - As used in this section, the term:
(a) "Alcoholic beverage" means alcohol, spirits, liquor, wine, beer and
every liquid or solid containing alcohol, spirits, wine or beer, and which
contain one-half of one percent or more of alcohol by volume, and
which are fit for beverage purposes whether alone or when diluted,
mixed or combined with other substances.
(b) "Law enforcement officer" means any person who is elected,
appointed, or employed full time by the City of Miami Beach or the
state or any political subdivision thereof, who is vested with authority
to bear arms and make arrests, and whose primary responsibility is the
prevention and detection of crime or the enforcement of the penal,
criminal, traffic, or highway laws of the state. This definition includes
all part-time law enforcment officers, auxiliary law enforcment
officers, and all certified supervisory and command personnel whose
duties include, in whole and in part, the supervision, training, guidance,
and management responsibilities of full-time law enforcement officers,
part-time law enforcement officers, or auxiliary law enforcement
officers but does not include support personnel employed by the
employing agency.
(c) "Citation" means a written notice, issued to a person by an officer,
that the officer has probable cause to believe that the person has
committed a civil infraction in violation of a duly enacted ordinance
and that the county court will hear the charge. The citation shall
contain:
1. The date and time of issuance.
2. The name and address of the person.
3. The date and time the civil infraction was committed,
4. The facts constituting probable cause.
5. The ordinance violated.
6. The name and authority of the officer.
7. The procedure for the person to follow in order to pay the
civil penalty or to contest the citation.
8. The applicable civil penalty if the person elects to contest the
citation.
9. The applicable civil penalty if the person elects not to contest
the citation.
10. A conspicuous statement that if the person fails to pay the
civil penalty within the time allowed, or fails to appear in court
to contest the citation, he shall be deemed to have waived his
right to contest the citation and that, in such case, judgment
may be entered against the person for an amount up to the
maximum civil penalty.
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B. Violations
It shall be unlawful for any person to consume or possess, serve or sell
any beer, wine or any other alcoholic beverage on any public beach and
its access areas within the City of Miami Beach, except in those areas
as designated and approved by the City Manager or the City
Commission.
C. Penalties For Violations
Any violation of Section 25-33.2(B) of the Code of the City of Miami
Beach is a civil infraction. During a one year period, each violation of
this section shall constitute a separate offense. Violations of Section
25-33.2(8) will be punished as follows:
(a) For a first violation, by a civil penalty of $50.00.
(b) For a second violation, by a civil penalty of $100.00.
(c) For each additional violation, by a civil penalty of $200.00.
Any person who fails to pay the appropriate civil penalty within
the time allowed or who fails to appear in court to contest the citation,
shall be deemed to have waived his right to contest the citation and
judgment may be entered against the person for an amount not to
exceed $500.00
D. Enforcement By Citations
Any officer who has probable cause to believe that a person has
committed an act in violation of Section 25-33.2 of the City of Miami
Beach Code shall issue a citation to that person.
Any person cited for a violation of this section shall be deemed to be
charged with a civil infraction and shall be cited for such an infraction
and cited to appear before an official.
Any person cited for an infraction under this section shall sign and
accept a citation indicating a promise to appear.
Any person charged with a civil infraction under this section may pay
the civil penalty, either by mail or in person, within 20 days of the date
of receiving the citation. If the person cited follows the above
procedure, he shall be deemed to have admitted the infraction and to
have waived his right to a hearing on the issue of the commission of the
infraction.
E. Waiver Of Civil Penalty Provisions
Any person electing to appear before the designated official shall be
deemed to have waived his right to the civil penalty provisions of
Section 25-33.2(C)(a)(b)(c).
The official, after a hearing, shall make a determination as to whether
an infraction has been committed. If the commission of an infraction
has been proven, the official may impose a civil penalty not to exceed
$500.00
F. Refusal To Sign And Accept A Citation
Any person who willfully refuses to sign and accept a citation issued by
an officer shall be guilty of a misdemeanor of the second degree,
punishable as provided by Florida statutes 775.082, 775.083 or 775.084.
SECTION 2. REPEALER
All ordinances or parts in conflict herewith be and the same are hereby
repealed.
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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.
SECTION 4. EFFECTIVE DATE
This ordinance shall take effect ten (10) days after its adoption, on
August 5, 1989.
PASSED and ADOPTED this 26th day of
July , 1989.
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W AYOR
Attest:
CITY CLERK
MYS/pb
1st Reading - 6/21/89
2nd Reading - 7/26/89
FORM APPROVED
LEGAL DEPT /
By .1 L
Date 6 l
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OFFICE OF THE CITY ATTORNEY
624 ejoiyAnpnie. zieetedi
1140
F L O R 1 D A
;�\PN1 9fc1'
ARNOLD M. WEINER P.O P.O BOX 0
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��� MIAMI BEACH, FLORIDA 3311
CITY ATTORNEY
TELEPHONE(305)673-7470
TELECOPY (305)673-7002
COMMISSION MEMORANDUM NC, 3`10. �9
DATE: 21 June 1989
TO: MAYOR ALEX DAOUD and
MEMBERS OF THE CITY COMMISSION
FROM: ARNOLD M. WEINER
City Attorney
SUBJECT: ADDITION OF SECTION 25-33.2 - CONSUMPTION OF ALCOHOL ON
PUBLIC BEACHES - CITY OF MIAMI BEACH
Section 25-33.2 is being added to Chapter 25 of the Code of the City of
Miami Beach, providing for the issuance of Citations for the commission of
civil infractions relating to drinking, serving, selling and possessing alcohol
on any public beach and its access areas within the City of Miami Beach.
Section 25-33.2 will provide police with a more efficient and expeditious
method of handling the problem of alcohol on the public beaches.
AMW/MYS/pb
AGENDA r--
TEM � - -
DATE
1700 CONVENTION CENTER DRIVE - FOURTH FLOOR - MIAMI BEACH, FLORIDA 33139
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