Ordinance 74-2010 ORDINANCE NO. 74-2010
AN ORDINANCE AMENDING CHAPTER 40 OF THE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA
TO ADD THERETO A SECTION PROVIDING FOR AN
ISSUANCE FOR A NOTICE TO APPEAR; PROVIDING
A DEFINITION; PROVIDING AUTHORIZATION TO
ISSUE A NOTICE TO APPEAR FOR VIOLATIONS OF
MUNICIPAL ORDINANCES; PROVIDING FOR SERVICE
OF NOTICE; PROVIDING PENALTY FOR FAILURE TO
APPEAR; PROVIDING FOR ISSUANCE OF WARRANT
OR SUMMONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA;
SECTION 1 : Definition.
As used in this Ordinance unless the context clearly
indicates otherwise "noticq to appear" means a written order issued
by a City of Miami Beach police officer, code enforcement officer
or inspector in lieu of physical arrest or summons requiring a
person accused of violating the law to appear in a designated court
of the City.
SECTION 2 : Authorization to issue notice to appear.
a. Police officers.
1. If a person is detained by a police officer for
committing an offense declared to be a violation of
any municipal ordinance triable in the municipal
court of the City of Miami Beach, the police officer
may issue such person a notice to appear unless :
(a) The accused fails to sufficiently identify
himself; or
(b) The accused refuses to acknowledge, in
writing, receipt of the notice to appear; or
(c) The officer has reason to believe that the
continued liberty of the accused constitutes an
unreasonable risk of bodily injury to the accused,
the officer, or other persons; or
(d) The accused has no ties with the jurisdiction
reasonably sufficient to assure his/her appear-
ance or there is reason to believe that he will
fail to respond to the notice; or
(e) The officer has cause to believe that the
accused may be wanted in any jurisdiction; or
(f) It appears that the accused has previously
failed to respond to a notice or a summons or a
notice to appear, or has violated the conditions
of any pretrial release program.
2. If a notice to appear is issued pursuant to sub-
section (1) for a violation of a municipal ordinance
the notice shall be issued promptly upon detention
or after the person has been taken to police head-
quarters .
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - , MIAMI BEACH, FLORIDA 33139 •
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b. Code Enforcement Officers and Inspectors:
1. Any code enforcement officer or inspector of
the City of Miami Beach who is charged with the
enforcement of specified ordinances of the City and
who has been authorized generally by the City Manager
to issue notice to appear, may issue notices to
appear when violations of the said ordinances persist
after notice of a specific violation has been
previously given to the accused. This power is
limited solely to the issuance of notices to appear
and does not confer any additional arrest powers
upon these persons. The code enforcement officer
or inspector may issue such a notice to appear
unless;
(a) The accused fails to sufficiently identify
himself; or
(b) The accused refuses to acknowledge in writing
receipt of the field citation; or
(c) That accused has no ties with the jurisdic-
tion reasonable sufficient to assure his appear-
ance or there is reason to believe that he will
refuse to respond to the notice; or
(d) It appears that the accused has previously
failed to respond to a notice or a summons, notice
to appear, or has violated the conditions of any
pretrial release program.
SECTION 3 : Factors, if obtainable, that may effect the determination
as to whether or not to issue a notice to appear to the
accused are his/her:
a. Length of residence in the community;
b. Family ties;
c. Employment record;
d. General mental condition;
e. Past record of convictions; or
f. Past history of appearance at court proceedings.
SECTION 4 : The notice to appear shall be in such form as approved
by the Senior Judge of the Municipal Court. The police
officer, code enforcement officer or inspector shall prepare five
(5) copies of the completed notice to appear.
SECTION 5 : The accused, in order to secure release or be entitled
to receive a notice to appear shall give his written
promise to appear in court by signing the notice to appear. The
police officer, code enforcement officer or inspector shall deliver
one copy of the notice to appear to the accused person.
SECTION 6 : If there is reasonable cause to believe that the accused
will not appear after being issued a notice to appear,
a warrant of arrest may be issued.
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OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
SECTION 7 : When a person signs a notice to appear acknowledging
his promise to appear in Court and subsequently fails to respond
to the notice to appear, a warrant of arrest may be issued. Any
person who willfully fails to appear in court as required by the
notice to appear and such other notice as may be issued by the
court shall be fined not more than the fine of the principal
charge or confined up to the maximum sentence of imprisonment or
the principal charge, or both, regardless of the disposition of
the charge upon which he was originally accused. Nothing in this
section shall interfere with or prevent the court from exercising
its power to punish for contempt.
SECTION 8 : All ordinances or parts or ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 9 : This ordinance shall go into effect upon its passage
in accordance with the law.
PASSED and ADOPTED this 16th day of October , 1974. ..
2
r y ayor
Attest:
*977,040U-7-t.( ‘,/ ra4.4-14.4."->o
City Clerk
1st reading - September 19, 1974
2nd reading - October 16, 1974
POSTED - October 17, 1974
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OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
STATE OF FLORIDA
COUNTY OF DADE:
I , ELAINE MATTHEWS, City Clerk, in and for the City of Miami Beach,
Florida, do hereby certify that Ordinance No. 74-2010 entitled:
AN ORDINANCE AMENDING CHAPTER 40 OF THE CODE OF THE CITY OF
MIAMI BEACH, FLORIDA, TO ADD THERETO A SECTION PROVIDING FOR
AN ISSUANCE FOR A NOTICE TO APPEAR; PROVIDING A DEFINITION;
PROVIDING AUTHORIZATION TO ISSUE A NOTICE TO APPEAR FOR VIO-
LATIONS OF MUNICIPAL ORDINANCES; PROVIDING FOR SERVICE OF NO-
TICE; PROVIDING PENALTY FOR FAILURE TO APPEAR; PROVIDING FOR
ISSUANCE OF WARRANT OR SUMMONS.
having been passed and adopted by:the City Council of the City of
Miami Beach, Florida, has been posted by me at the door of the City Hall
in said City on the 17th day of October , 1974,
and that said Ordinance remained posted for a period of at least thirty
days in accordance with the requirements of the City Charter of the said
City of Miami Beach.
IN WITNESS WHEREOF I have hereunto set my hand and affixed the
official seal of the City of Miami Beach, Florida, on this the
20th day of November , 1974,
City Clerk
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