Ordinance 81-2283ORDINANCE NO. 81-2283
AN ORDINANCE AMENDING SECTION 25-28 OF THE CODE
OF THE CITY OF MIAMI BEACH, FLORIDA, WHICH MAKES
UNLAWFUL THE DEFACING OF PROPERTY PRIMARILY USED
FOR RELIGIOUS PURPOSES IN THE CITY; PROVIDING
PENALTIES THEREFOR AND PROVIDING CODIFICATION.
WHEREAS, in recent months incidents involving the defacing
of religious institutions have occurred in this City and throughout
the country; and
WHEREAS, current state, federal and local laws do not ade-
quately address this problem;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1: That Chapter 25 of the Code of the City of Miami Beach,
Florida be amended by adding Section 25.28.1 reading
as follows:
"That it shall be unlawful to purposely, knowingly
or recklessly put or attempt to put another in fear
of bodily violence by placing on public or private
property a symbol, an object, a characterization,
an appellation or graffiti that exposes another to
threats of violence, contempt or hatred on the basis
of race, color, creed or religion, including, but
not limited to a burning cross or Nazi swastika. A
person shall not be guilty of an attempt unless his
actions cause a serious and imminent likelihood of
causing fear of unlawful bodily violence."
SECTION 2: That Chapter 25 of the Code of the City of Miami Beach,
Florida be amended by adding Section 25.28.2 reading
as follows:
"No person shall purposely deface or damage without
authorization of the owner or tenant, any private
premises or property primarily used for religious,
educational, residential, memorial, charitable, or
cemetery purposes, or for assembly by persons of a
particular race, color, creed or religion by placing
thereon a symbol, an object, a characterization, an
appellation, or graffiti that exposes another to
threat of violence, contempt or hatred on the basis
of race, color, creed or religion, including, but
not limited to, a burning cross or Nazi swastika."
SECTION 3: Violation of this Ordinance shall be punishable by a
fine not to exceed one thousand dollars or by impris-
onment in jail for a term not to exceed ninety days or by both such
fine and imprisonment.
SECTION 4: All ordinances or parts of ordinances in conflict here-
with be and the same are hereby repealed.
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
SECTION 5: EFFECTIVE DATE
This ordinance shall take effect ten days after
adoption, on November 28 , 1981.
PASSED and ADOPTED THIS 18th day of
ATTEST:
CI Y CLERK
First Reading 10/15/81
Second Reading - 11/18/81
JAR:jj
APPROVED
LEO L DEPT.
By
Date On i
November , 1981.
(Proposed by Commissioner Daoud)
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
it
q ro
4.1 $.4
.n to o
U a! a) (4-1
ct) aJ
4 0 0 $a
3 Sa a a1
a $4 4
M
ao a) 4-4
N b O (1)
N O m1
_ U o
�0 it rl •H ' 1
z u a>; cd
H •U ro•r gr.
1-1 Z ^ 4-1 a) ¢. o
x oo v 14 •7-1
OWN 13.0
U 1 a) 1 + p ct1
Lr C • 0 r•1 u
N 41 4-I •b •rl
Z4i rl 44
H r-1 'tl . •ri
Q U 0 0 O TJ
04 a1 4a U) f•+ 0
o cn 3 g a u
ro
ao r+ a, • ^ oa
•r•+.41•r1
"0
O (0 01 U •H
N •r1 a1 0
ro �+ 4 3a
E ars a
•
4