Ordinance 90-2710 ORDINANCE NO. 90-2710
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, MAKING LEGISLATIVE FINDINGS
SUBSTANTIATING THE NECESSITY OF GREATER RESTRICTIONS AND
PENALTIES IN ORDER TO ERADICATE GRAFFITI FROM THE CITY
OF MIAMI BEACH; AMENDING THE CITY OF MIAMI BEACH CODE,
SECTION 25-28.3 ',VIOLATION AND PENALTY" TO PROVIDE FOR
CIVIL ACTIONS AGAINST PARENTS OF MINORS WHO WILFULLY
DESTROY PROPERTIES, PURSUANT TO FLORIDA STATUTE SECTION
741.24; ADDING SECTION 25-28.4 ENTITLED ',AEROSOL SPRAY
PAINT AND BROAD-TIPPED INDELIBLE MARKERS - PROHIBITED
SALE TO MINORS"; PROVIDING FOR SEVERABILITY; REPEALING
ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA.
SECTION 1.
That the City Commission of the City of Miami Beach,
Florida makes the following findings:
a) The increasing incidents of the defacement of public and
private property through the application of graffiti upon
walls, rocks, bridges, buildings, fences, gates, public
utilities, other structures and other real and personal
property within the corporate boundaries of the City
constitutes a blight on this community; and, in the
interests of the health, safety and general welfare of the
residents and taxpayers of the City, immediate steps must
be taken to remove this blight.
b) Based upon reports which the City Commission has received
from the Miami Beach Police Department, such defacement of
property is most often committed by persons under the age
of eighteen years using aerosol containers of spray paint
and broad-tipped indelible markers.
c) When any such person has a legitimate need for such aerosol
containers and markers, the same may be furnished by a
parent or guardian.
d) The sale of such implements to such persons should
therefore be prohibited, and persons who are engaged in the
retail sale of aerosol containers of spray paint and
markers should be required to take reasonable steps to
prevent the theft thereof.
e) When appropriate, the courts should require those who
commit acts of defacement of public or private property
through the application of graffiti,to restore the property
so defaced, damaged or destroyed.
f) In addition to the above, all of the findings of fact
regarding the City of Miami Beach's "Graffiti Abatement
1
Program" as presented to the Miami Beach Commission at its
July 11, 1990 meeting (including all testimony offered
therein) are hereby adopted and incorporated by reference
herein.
SECTION 2
That Chapter 25 of the Miami Beach City Code, Section 25-28 . 3
entitled "Violation and Penalty" is hereby amended to read as
follows:
Sec. 25-28.3. Violation and penalty.
a) Violation of sections 25-27 through 25-28 . 2 shall be
punishable by 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.
b) The City of Miami Beach may institute a civil action in a
court of competent jurisdiction to recover compensatory damages,
including reasonable costs and expenses, for any damage caused
to public property located on or within city limits of Miami
Beach.
c) The City of Miami Beach may institute a civil action 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.
d) In addition to the above, the City of Miami Beach, or any
person, partnership, corporation, or association, or any
religious organization, whether incorporated or unincorporated,
shall be entitled to recover actual damages in an appropriate
action at law, in a court of competent jurisdiction, from the
parents of any minor under the age of 18 years, living with the
parents, who maliciously or wilfully destroys property in the
manner prohibited by sections 25-27 through 25-28 . 2 , pursuant
to Section 741. 24 of the Florida Statutes.
SECTION 3.
That Chapter 25 of the Miami Beach City code is hereby amended
via the addition of Section 25-28 . 4 which shall read as follows:
Sec. 25-28.4 Aerosol Spray Paint and Broad-tipped Indelible
markers - Prohibited Sale to Minors.
a) As used in this section, the term "broad-tipped indelible
marker" shall mean any felt-tipped pen, markers or similar
implement which is insoluble in water.
b) It shall be unlawful for any person to sell, barter,
exchange or otherwise transfer any aerosol containers of spray
paint or any broad-tipped indelible marker to any person under
the age of eighteen years.
2
c) Violation of this section shall be punishable consistent
with the penalty section of this Chapter.
SECTION 4. REPEALER
That all ordinances or parts of ordinances in conflict be and
the same are hereby repealed.
SECTION 5. 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 6. EFFECTIVE DATE
That this ordinance shall take effect ten (10) days after its
adoption, on September 15, 1990.
PASSED AND ADOPTED this 5th day of Septem. , 1990
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MA •R
ATTEST:
// -
CITY CLERK
1st reading 7/25/90
2nd reading 9/5/90
JKO/jcl
a: \Resolutions\Parents.Ord
FORM APPROVED
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OFFICE OF THE CITY ATTORNEY
6,4 et"'cAmi• Weimoi
F L O R 1 D A
#44-4Th b
LAURENCE FEINGOLD yNc�p �, P.O. BOX O
CITY ATTORNEY MIAMI BEACH, FLORIDA 33119-2032
TELEPHONE(305)673-7470
COMMISSION MEMORANDUM 1'4-/U,1�'9(7 TELECOPY (305)673-7002
DATE: JULY 25, 1990
TO: Mayor Alex Daoud and
Members of the City Commission
FROM: Laurence Feingold
City Attorney
7
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SUBJECT: PROPOSED AMENDMENTS TO CHAPTER 25 OF THE MIAMI BEACH CITY
CODE PROVIDING FOR CIVIL ACTION AGAINST PARENTS OF MINORS
WHO WILFULLY DESTROY PROPERTY, AND FURTHER PROHIBITING
THE SALE OF AEROSOL SPRAY PAINT AND BROAD-TIPPED
INDELIBLE MARKERS TO MINORS
Consistent with the City of Miami Beach's recent efforts to
eradicate the blight on this community caused by the application
of graffiti on both public and private property, the following
amendments have been drafted:
1. A proposed amendment to Chapter 25 of the Miami Beach
City Code, Section 25-28.3 , entitled "Violation and
Penalty" will enable the City of Miami Beach, or any
person, partnership, corporation, or association, or any
religious organization to recover actual damages from the
parents of minors who wilfully destroy property via
institution of a civil action; and
2 . A proposed addition of Section 25-28. 4, entitled "Aerosol
Spray Paint and Broad-tipped Indelible Markers -
Prohibited Sale to Minors" will buttress the City's
efforts to eliminate graffiti by reducing the
accessibility of the implements with which graffiti is
typically applied.
LF/JKO:jcl
63
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