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2017-4141 Ordinance ORDINANCE NO. 2 © 1 7 - 4 1 4 1 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY AMENDING SECTION 82-2, ENTITLED "CLOSING PUBLIC PARKS, BEACHES, GOLF COURSES DURING CERTAIN HOURS," BY AMENDING THE CLOSING HOURS FOR PUBLIC BEACHES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, due to the incidents of violent crimes that steadily increase on the City's beaches after 10 p.m. at night until 5:00 a.m. the following morning, the Mayor and City Commission deem it in the best interest of the public health, safety and welfare to close the City's public beaches at 10 p.m. instead of at midnight; and WHEREAS, closing the City's beaches at the earlier hour of 10 p.m. removes additional opportunities for those looking to commit a crime to do so on unsuspecting persons simply trying to enjoy a late night walk on the beach; and WHEREAS, a beach closing time of 10 p.m., instead of midnight, will facilitate the Miami Beach Police Department's ability to patrol the beaches during the shift overlap. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Section 82-2 of Article I of Chapter 82 of the City Code is hereby amended as follows: Chapter 82 PUBLIC PROPERTY ARTICLE I. IN GENERAL * * * Sec. 82-2. -Closing public parks, beaches, golf courses during certain hours. (a) No person shall be or remain in any part of any public park, beach or golf course that is fenced in or provided with gates between the closing of the gates at night and their reopening on the following day; nor shall any person be or remain in any public park;beach or golf course not fenced in or provided with gates, between the hours of 12:00 midnight and 5:00 a.m. on the following days nor shall any person be or remain in any public beach not fenced in or provided with gates, between the hours of 10:00 p.m. and 5:00 a.m. on the following day; except that persons may pass through suoh a public park without stopping, on the most direct walk or driveway leading from their point of entrance to the exit nearest to their point of destination. (b) The provisions of this section shall not apply to police officers or employees of the recreation, culture and parks department while in the discharge of their duties nor to persons having a permit in writing to be or remain in any part of any public park, beach or golf course between such hours. (c) The city manager has the authority to establish exceptions to the closing hours as set forth above when it is in the interest of the public health, safety or welfare and such exceptions shall be posted. 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, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Miami Beach City Code. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 5. EFFECTIVE DATE. ALY'f,. This Ordinance shall take effect on the c Y da of2017. PASSED AND ADOPTED this as day of Oci6& , 2017---- ATTEST: ll,, r<` , ` yf S� ,w 731 1 q3c Philip Levi r� ,,y bi .� ��,' Rafael E. Granado CityClerk �. -- ^ -7 ` 7_,f .rs,:.\‘........-::771.1 0\-\ ,,,,,, Underline denotes additions /1-...,\5. ..-****1'7\,,, ,,.,;;;..'...A:;; - : APPROVED AS TO Double underline denotes a t )s�S'7 ,�9- eacli FORM & LANGUAGE CU ON denotes deleti s- �y� Xr\Q„c\--oi� ���� &F REE TI denote ie i�'' bnd Re din c' -. 'I"." e• ......._ . s 6 ,..-0/, ..-. 7 (, .. , „,/,, : -,,,, \., ‘,,,,, .- 0. •• ' "- .•- City Attorney Dote f (Sponsored byCommissioner I<t a e 7fiez) f F:\ATTO\TURN\ORDINANCE\Beach Closure at 10 p.m..docx -- -- Item Coversheet Page 1 of 1 Ordinances-R5 AF MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J. Aguila, City Attorney DATE: September 13, 2017 First Reading SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY AMENDING SECTION 82-2, ENTITLED "CLOSING PUBLIC PARKS, BEACHES, GOLF COURSES DURING CERTAIN HOURS," BY AMENDING THE CLOSING HOURS FOR PUBLIC BEACHES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. RECOMMENDATION Pursuant to the request of Commissioner Kristen Rosen Gonzalez, the attached Ordinance is submitted for consideration on First Reading by the Mayor and City Commission at the September 13, 2017 Commission meeting. This Ordinance proposes closing the City's beaches at 10:00 p.m., instead of midnight, due to the incidents of violent crimes that steadily increase on the City's beaches after 10 p.m. at night unitl 5:00 a.m. the following morning. The closing of City beaches at the earlier hour of 10 p.m. removes additional opportunities for those looking to commit a crime to do so on unsuspecting persons simply trying to enjoy a late night walk on the beach. Moreover, a beach closing time of 10 p.m., instead of midnight, will facilitate the Miami Beach Police Department's ability to patrol the beaches during the shift overlap. Legislative Tracking Office of the City Attorney Sponsor Commissioner Kristen Rosen Gonzalez https://miamibeach.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=4795 09/01/2017 Ordinances - R5 E MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J. Aguila, City Attorney; Daniel J. Oates, Chief of Police DATE: October 18, 2017 10:20 a.m. Second Reading Public Hearing SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY AMENDING SECTION 82-2, ENTITLED "CLOSING PUBLIC PARKS, BEACHES, GOLF COURSES DURING CERTAIN HOURS," BY AMENDING THE CLOSING HOURS FOR PUBLIC BEACHES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. RECOMMENDATION Pursuant to the request of Commissioner Kristen Rosen Gonzalez, the attached Ordinance is submitted for consideration on Second Reading/Public Hearing by the Mayor and City Commission. This Ordinance passed on First Reading at the September 25, 2017 City Commission meeting. This Ordinance proposes closing the City's beaches at 10:00 p.m., instead of midnight, due to the incidents of violent crimes that steadily increase on the City's beaches after 10 p.m. at night until 5:00 a.m. the following morning. The closing of City beaches at the earlier hour of 10 p.m. minimizes the opportunities for those looking to commit a crime on unsuspecting persons simply trying to enjoy a late night walk on the beach. Moreover, a beach closing time of 10 p.m., instead of midnight, will facilitate the Miami Beach Police Department's ability to patrol the beaches during the shift overlap. No fiscal impact is anticipated at this time as current Police Department resources will be utilized for enforcement. Legislative Tracking Office of the City Attorney; Miami Beach Police Department Sponsor Commissioner Kristen Rosen Gonzalez ATTACHMENTS: Description ID Ordinance Re 1st Rdg, Ch. 82, Public Property - Beach Closure. (Rosen Gonzalez) Page 479 of 1633