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Ordinance 90-2702 ORDINANCE NO. 90-2702 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SECTION 25-33 (k) OF THE MIAMI _ BEACH CITY CODE, MAKING IT UNLAWFUL TO LOITER FOR THE PURPOSE OF TRANSFERRING OR SELLING ANY CONTROLLED SUBSTANCE IN ANY PLACE IN THE CITY; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. That Section 25-33 (k) of the Miami Beach City Code, said Section dealing with "Disorderly Conduct, " is hereby amended to read as follows: SECTION 25-33 . DISORDERLY CONDUCT. A person shall be guilty of the offense of disorderly conduct if his conduct shall tend to cause public danger, alarm, disorder, nuisance, or if his conduct is likely to create such public danger, alarm, disorder or nuisance, and by such conduct he wilfully: * * * (k) Loiters or remains in any place in the city with one or more persons for the purpose of unlawfully using, obtaining transferring, selling or possessing any narcotic drug, dcprcssant or stimulant drug, or hallucinogenic drug, or any narcotic or dangerous drug controlled substance as defincd set forth in Scctions 398 . 03 and 404 . 02 , Chapter 893 of the Florida Statutes; * * * 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 REPEALER That all ordinances or parts of ordinances in conflict be and the same are hereby repealed.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 (10) days after its adoption, on August 4, 1990. PASSED AND ADOPTED this 25th day of July , 9!/ 4/ AO' if .MAYOR ATTEST: F, ''M APPROVED -- ,r...e i LEG.; D CITY CLERK , 11 t. By • JKO/j cl © � 1st reading 7/11/90 Date 2nd reading 7/25/90 • 11! � OFFICE OF THE CITY ATTORNEY focad F L O R I D A * wrarwaeT[D)*„ PO. BOX O 'CITY ATTORNEY LAURENCE FEINGOLD 3� ,`�^ 9�Cp2�� y MIAMI BEACH. FLORIDA 33119-200. -_ , TELEPHONE (3051 673-7470 TELECOPY (3051673-7002 COMMISSION MEMORANDUM #3 .5-90_ DATE: JULY 11, 1990 TO: Mayor Alex Daoud and Members of the City Commission FROM: Laurence Feingold City Attorney SUBJECT: PROPOSED AMENDMENT TO THE MIAMI BEACH CITY CODE, "DISORDERLY CONDUCT", § 25-33 (K) , PROHIBITING LOITERING FOR THE PURPOSE OF TRANSFERRING OR SELLING ANY CONTROLLED SUBSTANCE IN ANY PLACE IN THE CITY Pursuant to the request of the Miami Beach Police Department for an anti-loitering ordinance making it unlawful to loiter or remain in any place in the City for the purpose of selling or transferring controlled substances, the following proposed amendment to the existing "Disorderly Conduct" § 25-33 of the Miami Beach City Code has been drafted. This ordinance is in proper form and is thus ready for Commission review. LF/JKO:jcl •j 7 AGENDA ITER - MATE � aS- 90 0 CJ rl O bO 0 +1 G a:1 •H Z s� C7) 4-I a) 'r a) S 44 al +4 r-I G G O G cd ca z 4-4 G + 4.4 O 4-I CO Z W 4J .a H O ri 4-1 z x O m H Q ' bO z M G a) b O H M •r4 co a) r:4 ol O N E O • .) O• a) G •r- -H 't7 a) 0 U 4-) 0 G 0 U +-) a) a) J, G vi J, G 4_i 4-1 O cV b0•H LH • O b0•H •ri 7-I G • .0 a) •H a) G U 4-) .--I U a) ci •rlH cd N O a)H al r I r