Ordinance 80-2235•
LOITERING
ORDINANCE NO. 80-2235
AN ORDINANCE OF THE CITY OF MIAMI BEACH FLORIDA
PROHIBITING LOITERING; IMPOSING PENALTIES; PRO-
VIDING EFFECTIVE AND EXPIRATION DATES; PROVIDING
FOR PASSAGE AS AN EMERGENCY MEASURE FOR A PERIOD
OF SIXTY DAYS.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA:
SECTION 1 DECLARATION OF PURPOSE. This emergency measure is
adopted by the City Commission in response to an in-
creasing permanent population of loiterers within certain areas of
the City, which loiterers are causing fear and danger to Miami Beach
tourists and residents. The City Commission based on information
from law enforcement officers and citizens finds that there is within
the City a population of loiterers who persist in obstructing pedes-
trian traffic, engaging in rude and offensive language, drunkenness
and drug abuse, and that the presence of such persons prevents the Po-
lice Department from investigating and solving crimes within the City.
SECTION 2 STATEMENT OF AUTHORITY. The Commission of the City of
Miami Beach enacts the following emergency measure to
protect life and property, pursuant to Chapter 166 Fla. Stat. 1979
("The Municipal Home Rule Powers Act"), and Sections 6, 9, 25 and 28
of the Charter of the City of Miami Beach.
SECTION 3 PROHIBITIONS. No person shall prowl, sleep, loiter, stand,
wander or congregate on the streets, sidewalks, beaches,
parks, thoroughfares, piers, places of public amusement or other pub-
lic places, or in public entrances to private establishments, within
the City of Miami Beach:
(A) So as to obstruct or impede pedestrian or vehicular traffic
in a manner endangering public safety or threatening a breach
of the peace;
(B) In a manner warranting reasonable concern for the safety
or security of persons or property in the vicinity;
(C) After being reasonably requested by a police officer to
disperse or move, when the failure to so comply reasonably
threatens public safety or convenience;
(D) Without apparent reason and refuse to identify himself or
account for his conduct when requested to do so by a police
officer, under circumstances giving rise to reasonable sus-
picion that the person is engaged in or planning a crime
or constitutes a threat to public peace or the personal
safety or property of others; provided however, that a mere
refusal to identify himself or account for his conduct shall
not be sufficient grounds for arrest.
SECTION 4 ENFORCEMENT. This ordinance shall be enforced by, and
the term "Police Officer" shall in this ordinance mean
and include, any sworn member of the Police Department of this munici-
pality. No person shall be convicted under Section 3(D) of this ordi-
nance if the person reasonably attempted to identify himself or to ex-
plain his conduct or to dispel any concern for the safety and security
of persons and property in the vicinity.
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139
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SECTION 5 PENALTIES. Every person who is convicted for a viola-
tion of this ordinance shall be punished by imprison-
ment for up to 60 days or by a fine of up to $500.00, or both.
SECTION 6 SEVERABILITY. If any section, sub -section, sentence,
clause, phrase, or portion of this ordinance is, for
any reason, held invalid or unconstitutional by any court of compe-
tent 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 7 EFFECTIVE DATE AND DURATION. This ordinance shall
take effect immediately and shall continue in force
and effect until rescinded, amended or modified by the City Commission,
but in no event shall it be extended for longer than 60 days.
PASSED and ADOPTED this 28th day of October , 1980.
ATTEST:
(SEAL)
City C erk
APPROVED
'LEGAL DEP?.
By_
Dote._
Passed and Adopted as an emergency measure - October 28, 1980
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
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