Ordinance 2021-4425 ORDINANCE NO. 2021-4425
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70 OF
THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED,
"MISCELLANEOUS OFFENSES," BY AMENDING ARTICLE I,
ENTITLED "IN GENERAL," BY CREATING SECTION 70-8, TO
PROHIBIT INDIVIDUALS FROM APPROACHING OR REMAINING
WITHIN A SPECIFIED DISTANCE OF A LAW ENFORCEMENT
OFFICER ENGAGED IN THE LAWFUL PERFORMANCE OF ANY
LEGAL DUTY, AFTER RECEIVING A WARNING NOT TO DO SO;
PROVIDING PENALTIES FOR SUCH VIOLATION;AND PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, law enforcement officers serve a critical and essential role in keeping our
community safe and must be permitted to do their jobs effectively; and
WHEREAS, the work of the City's law enforcement officers is of great importance and, as
such, there exists a need to maintain and improve the safety, security and working conditions of
these officers and those they seek to protect; and
WHEREAS, the City's law enforcement officers,while engaged in the lawful performance
of their legal duties, continue to encounter individuals who, after receiving warnings not to do so,
violate such warnings and approach or remain within close proximity of the officer(s), with no
regard for the officers' personal safety and no consideration for the officers' responsibility to
maintain public safety, order and social peace; and
WHEREAS, certain individuals who fail to heed such warnings not to approach an officer
in the lawful performance of a legal duty, occasionally intend to provoke a physical response from
officers, hinder officers' performance of their legal duties or incite the crowd surrounding such
officers; and
WHEREAS,threats to the life and safety of law enforcement officers and the protection of
the right to life, liberty and security of the persons in the surrounding area (and potentially, any
arrestee) must be seen as imperative to the stability of society as a whole; and
WHEREAS,the Mayor and City Commission finds that it is in the best interest of the City's
law enforcement officers, its residents and visitors to adopt these regulations to protect the
general public health, safety and welfare.
NOW,THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA,AS FOLLOWS:
SECTION 1. That Section 70-8 of the City Code shall be created as follows, and as hereinafter
set forth below:
CHAPTER 70
MISCELLANEOUS OFFENSES
ARTICLE I. IN GENERAL
* * *
Sec. 70-8. Reserved Approaching a law enforcement officer, after warning, with intent to
impede, provoke or harass.
(a) As used in this Section, the term "law enforcement officer" shall be defined as set forth in
Section 70-86 of the City Code.
(b) It shall be unlawful for any person, after receiving a warning from a law enforcement officer,
to approach or remain within twenty (20) feet of a law enforcement officer engaged in the lawful
performance of any legal duty with the intent to:
(1) Interrupt, disrupt, hinder, impede or interfere with a law enforcement officer's ability to
perform such duty; or
(2) Provoke a physical response from a law enforcement officer; or
(3) Directly or indirectly harass a law enforcement officer.
(c)A violation of this Section shall be punished in accordance with Section 1-14 of the City Code.
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.
This Ordinance shall take effect on the .3 day of Jay , 2021.
PASSED AND ADOPTED this oZ3 day of Jii41-0- , 2021.
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ATTEST:
Dan Gelber, Mayor
Cc. 'L�l/ZR�zI
Rafael E.Inado, City Cler
(Sponsored by Commissioner Steven Meiner)
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FOR ELUTION
IIRLORP ORATED..` —.sr.
f? ' Ity Attorney 1 ad
Ordinances-R5 G
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
F ROM: Rafael Paz,Acting City Attorney
DATE: June 23, 2021
10:35 a.m. Second Reading Public Hearing
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,AMENDING CHAPTER 70 OF THE CODE OF
THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "MISCELLANEOUS
OFFENSES," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY
CREATING SECTION 70-8, TO PROHIBIT INDIVIDUALS FROM
APPROACHING OR REMAINING WITHIN A SPECIFIED DISTANCE OF A
LAW ENFORCEMENT OFFICER ENGAGED IN THE LAWFUL
PERFORMANCE OF A LEGAL DUTY, AFTER RECEIVING A WARNING
NOT TO DO SO; PROVIDING PENALTIES FOR SUCH VIOLATION; AND
PROVIDING FOR REPEALER,, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
ANALYSIS
See attached Commission Memorandum.
SUPPORTING SURVEY DATA
N/A
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Steven Meiner and Co-sponsored by Commissioners Samuelian and Arriola
ATTACHMENTS:
Page 577 of 1884
Description
o Commission Memorandum
o Ordinance Amending 70-8 Approaching a LEO
Page 578 of 1884
MIAMI
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, FL 33139 www.miamibeachfl.gov
COMMISSION MEMORANDUM
Second Reading/Public Hearing
TO: Mayor Dan Gelber
Members of the City Commission.
Alina T. Hudak, City Manager
FROM: Rafael A. Paz, Acting City Attorney 'J
DATE: . June 23, 2021
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70.OF THE CODE OF THE.
CITY OF . MIAMI BEACH, FLORIDA, ENTITLED "MISCELLANEOUS
OFFENSES," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY
CREATING SECTION 70-8, TO PROHIBIT . . INDIVIDUALS FROM
APPROACHING OR REMAINING WITHIN A SPECIFIED DISTANCE OF A
LAW ENFORCEMENT OFFICER ENGAGED IN THE LAWFUL
PERFORMANCE OF A LEGAL DUTY, AFTER RECEIVING A WARNING NOT..
TO DO SO; PROVIDING PENALTIES FOR SUCH VIOLATION;. AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
The proposed Ordinance, which is sponsored by CommissionerSteven .Meiner, .and co-
sponsored by Commissioner Mark Samuelian and Commissioner Ricky Arriola, is submitted for.
second reading/public hearing at the June 23, 2021 meeting of the City Commission.
On May 12, 2021,the Mayor and City Commission approved the proposed.Ordinanceupon
first reading.
The Ordinance prohibits any person, after receiving a warning from a law enforcement officer not
to do so, to approach or remain within twenty (20) feet of a law enforcement officer engaged in
the lawful performance of any legal duty with the intent to: (1) interrupt, disrupt, hinder; impede
or interfere with a law enforcement officer's ability to perform such duty; or(2) provoke a physical
response from a law enforcement officer; or (3) directly or indirectly harass a law enforcement
officer.
A violation of theordinance shall be punished in accordance with Section 1-14 of the City Code
and shall be punished by a.fine not exceeding. $500.00 or by imprisonment for a term not
exceeding 60days, or by both such fine and imprisonment:
RAP/MAF/bhs .