Ordinance 95-2979 ORDINANCE NO. 95-2979
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE
CHAPTER 25, ENTITLED "OFFENSES-MISCELLANEOUS" BY CREATING
SECTION 25-33 . 1, ENTITLED "URINATING OR DEFECATING IN
PLAIN VIEW IN A PUBLIC PLACE; PROHIBITED" , PROHIBITING
URINATION OR DEFECATING IN PLAIN VIEW ON/IN PUBLIC
SIDEWALKS, STREETS, ALLEYS, PARKS, BEACHES, MALLS, OR
OTHER PUBLIC PROPERTY; PROVIDING FOR A REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, urination or defecation in plain view in/on a public
sidewalk, street, alley, park, beach, mall or other public property
is injurious to the public health, safety and welfare .
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1 . CREATION OF SECTION 25-33 .1
That a new Section 25-33 . 1 of City Code Chapter 25 , entitled
"Offenses-Miscellaneous" is hereby created to read as follows :
Sec . 25-33 . 1 Urinating or defecating in plain view in public
places prohibited.
(a) It shall be unlawful for any person to intentionally
urinate or defecate in plain view of the public on any public
sidewalk, street, alley, park, beach, mall or other public property
in the City of Miami Beach. For purposes of this Section "in plain
view of the public" shall mean where such act may be readily
observed by a member of the public .
(b), This Section shall not aPply to urinating or defecating
in any restroom facility in a manner for which that facility was
designed.
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and the same are hereby repealed.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 . EFFECTIVE DATE.
This Ordinance shall take effect on the 25th day of
March , 1995 .
PASSED and ADOPTED this 15th day of March , 1995 .
ATTEST:
MAYOR
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CITY CLERK
1st reading 3/1/95
2nd reading 3/15/95
(Requested by Commissioner Martin Shapiro. )
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FORM AP' ' •VED
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OFFICE OF THE CITY ATTORNEY
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LAURENCE FEINGOLD �\ . P O BOX O
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CITY ATTORNEY 6" MIAMI BEACH,FLORIDA 33119-2032
TELEPHONE(305)673-7470
TELECOPY (305)673-7002
COMMISSION MEMORANDUM NO: J 's -9 S
DATE: MARCH 15, 1995
TO: MAYOR SEYMOUR GELBER
MEMBERS OF THE CITY COMMISSION
CITY MANAGER ROGER M. CARLTON
FROM: LAURENCE FEINGOLD
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CITY ATTORNEY
SUBJECT: ORDINANCE PROHIBITING URINATING OR DEFECATING IN PLAIN
VIEW IN A PUBLIC PLACE
Commissioner Martin Shapiro requested the attached Ordinance
which prohibits intentional urinating or defecating in plain view
of the public in a public place. "In plain view of the public" is
defined as "where such act may be readily observed by a member of
the public" . The Ordinance does not apply to persons properly
using public restroom facilities .
Violations are prosecuted in County Court in accordance with
the general criminal penalty in Section 25-126 of the City Code
which provides for a fine of up to $500 and/or up to thirty days
imprisonment .
This Ordinance should improve the quality of life in the City
of Miami Beach by prohibiting conduct which is injurious to the
public health and welfare.
SWS::scf:memos\urinate.cm AGENDA
ITEM
DATE ` '" --
1700
1700 CONVENTION CENTER DRIVE- FOURTH FLOOR- MIAMI BEACH, FLORIDA 33139
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