Ordinance 81-2257ORDINANCE NO. 81-2257
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA
PROHIBITING LOITERING; AMENDING PROVISIONS OF THE
CITY CODE; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1: DECLARATION OF PURPOSE. This measure is adopted by the
City Commission in response to an increasing 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 enforce-
ment officers and citizens finds that there is within the City a
population of loiterers who persist in obstructing pedestrian traffic,
engaging in rude and offensive language, drunkenness and drug abuse,
and that the presence of such persons prevents the Police Department
from investigating and solving crimes within the City. This measure
is further adopted to amend existing provisions of the City Code so
as to conform with recent judicial decisions and interpretations
regarding loitering.
SECTION 2: STATEMENT OF AUTHORITY. The Commission of the City of
Miami Beach enacts the following measure to protect life
and property, pursuant to Chapter 166 Florida Statutes 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: Chapter 25-33 of the City Code of the City of Miami Beach,
Florida, be and the same is hereby amended by deleting
Section (f) and adding a new Section (f) thereto to be designated and
which shall read as follows:
(f) Prowls, sleeps, loiters, stands, wanders, or congregates on
the streets, sidewalk, beaches, parks, thoroughfares, piers, places of
public amusement or other public places, or in public entrances to
private establishments, within the City of Miami Beach:
(1) So as to obstruct or impede pedestrian or vehicular
traffic in a manner endangering public safety or
threatening a breach of the peace; or
(2) In a manner warranting reasonable concern for the safety
or security of persons or property in the vicinity;or
(3) After being reasonably requested by a police officer to
disperse or move, when the failure to so comply reasonably
threatens public safety or convenience;or
(4) Without apparent reason and refuses to identify himself
or account for his conduct when requested to do so by a
police officer, under circumstances giving rise to reason-
able suspicion 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.
No person shall be convicted under Section f(4) of this
Ordinance if the person reasonably attempted to identify
himself or to explain his conduct or to dispel any concern
for the safety and security of persons and property in
the vicinity.
X
OFNCI OP TNt CITY ATTORNIV • 1700 CONVINTION CINTIR DRIVI • MIAMI POACH. FLORIDA 33130
SECTION 4: 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 com-
petent 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 5: EFFECTIVE DATE AND DURATION. This Ordinance is enacted
to take effect upon enactment in accordance with law.
PASSED and ADOPTED this
Attest:
424/„; City Cle k
lst Reading - February 18, 1981
2nd Reading - March 18, 1981
FORM (1PPRDVED
LEGAL DEPT.
By
SG/rr
7i
18th day of
March , 1981.
-2-
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
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