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Home My WebLink About06071978"t.,R/A.'F0DING FOR CLOSING OF CITY PARKS, GOLF COURSES BETWEEN CERTAIN HOURS. (REQUESTED BY MAYOR HABER.) --- BEACHES AND -"=-Ordinance No.78-2124 adopted as an emergency measure."- JUN 7 1978 "-pe -7f ers»fZZau,• MIAMI BI SECTION section read as Y-MALEK SAHL EINSTEIN EI SURO DR.IKLER wove ow»lo-lap stzg±=y t ' scow sv r 2E =T0L- FOR AGAINST PASS✓ ✓Es.•e a4 ~± FRIEDMAN DR.HABER RESULT MOTION CARRIE each to MOTION LOST ../ >$9 COMMISSION MEETING JUN 7 1978 CITY OF MIAMI BEACH SECTION 2:Any person violating the provisions of this Ordinance shall be punished by a fine not to exceed Five Hundred Dollars ($500.00),or by imprisonment for a period not to exceed sixty (60)days or by both such fine and imprisonment in the dis- cretion of the court. SECTION 3:All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4:That the City Commission of the City of Miami Beach having found and determined that a public emergency exists affecting life,health,property or public safety,this Ordinance is hereby adopted as an emergency measure and shall go into effect immediately upon its adoption. PASSED and ADOPTEM iss[h day of June,1978. ME:T'NG JUN 197 Attest:Mayor CITY OF MIAMI BEACH,•tf~r •'->7 '--·-··-,•'.r •,r ,4/4..i.,,·-g City Clerk Passed and adopted as an Emergency Measure -June 7,1978 (The adoption of the foregoing Ordinance was moved by Mayor Leonard Haber,Ph.D) OFF ICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 K6ht 3 €ROLL CALL MIAMI BEACH CITY COMMISSION ""-#•.7;f or s fZ -6oua4 ._ FRI EDMAN R.HABER -MALEK SAHL EINSTEIN EIS8uR DR.WIKLER wove owl-la stzg t ' scoot sy I 2 Tl- FOR AGAINST PASS✓-- ✓- £~v- °a4 ~±RESULT MOTION CARRIED ~ MOT1ON LOST .../>9 COM M ISSIO N M EETIN G JUN7 1978 CITY OF MIAM I BEACH 4 z: K/A es .° ORDINANCE NO.78-2124 AN ORDINANCE AMENDING CHAPTER 25 OF THE CODE OF THE CITY OF MIAMI BEACH BY ADOPTING A NEW SECTION TO BE NUMBERED 25-17.1,PROVIDING FOR THE CLOSING OF PUBLIC PARKS,BEACHES AND GOLF COURSES DURING CERTAIN HOURS EXCEPT FOR AUTHORIZED PERSONS;PRO- VIDING PENALTIES FOR THE VIOLATION THEREOF;AND PROVIDING FOR ITS ADOPTION AS AN EMERGENCY MEASURE FOR THE PROTECTION OF THE LIFE,HEALTH AND SAFETY OF THE CITIZENS AND RESIDENTS OF THE CITY OF MIAMI BEACH. 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 be and the same is hereby amended by adding a new section thereto to follow Section 25-17 and to be numbered and to read as follows: "Section 25-17.1 No person shall be or remain in any part of any public park,beach or golf course which is fenced in or provided with gates between the closing of the gates at night and their re-opening on the following day;nor shall any person be or remain in any public park,beach or golf course not fenced in or provided with gates,between the hours of 12:00 midnight and 5:00 a.m.on the fol- lowing day,except that persons may pass through such public park without stopping,on the most direct walk or driveway leading from their point of entrance to the exit nearest to their point of destination.The provisions of this section shall not apply to police officers or employees of the public properties department while in the discharge of their duties nor to persons having a permit in writing to be or remain in any part of any public park,beach or golf course between such hours.The City Manager has the authority to establish excep- tions to the closing hours as set forth above when it is in the interest of the public health,safety or welfare and such exceptions shall be posted." SECTION 2:Any person violating the provisions of this Ordinance shall be punished by a fine not to exceed Five Hundred Dollars ($500.00),or by imprisonment for a period not to exceed sixty (60)days or by both such fine and imprisonment in the dis- cretion of the court. SECTION 3:All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4:That the City Commission of the City of Miami Beach having found and determined that a public emergency exists affecting life,health,property or public safety,this Ordinance is hereby adopted as an emergency measure and shall go into effect immediately upon its adoption. PASSED and ADOPTEMiSS[h day of June,1978. ME:T'NG JUN 7 197 Attest:Mayor 4 ¥•--·r,,;r ~.,'-·-····'-yty ,y[+,.+'}.g "•gCityClerk Passed and adopted as an Emergency Measure -June 7,1978 CITY OF MIAMI BEACH ~ (The adoption of the foregoing Ordinance was moved by Mayor Leonard Haber,Ph.D) OFFICE OF THE CITY ATTORNEY -17 00 CO NV ENTIO N CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 K6he ~ 6/✓ t , a,Ni..#Go .'tao ad af2Ao0so ~"JI ACATIONLAND U.S.A ...------------- 3 31 3 9 OFFICE OF THE CITY MANAGER D.A.SOUTHERN CIT MANAGER COMMISSION MEMORANDUM NO.3 CITV HALL 1700 CONVENTION CENTER DRIVE TELEPHONE:673-7010 DATE:June 6,1978 TO:Mayor Leonard Haber,Ph.D.,and Members of the City Commission FROM:D.A.Southern City Manager SUBJECT:PROPOSED ORDINANCE FOR THE CLOSING OF CITY PARKS, BEACHES AND GOLF COURSES BETWEEN THE HOURS OF 12:00 MIDNIGHT AND 5:00 A.M• The proposed ordinance closely follows the Dade County Ordinance. The Ordinance calls for: 1.All fenced parks shall be closed between the time the normal activities of the facility cease in the even- ing hours until re-opening of the gates the following day. 2.All parks without fencing shall be closed to the public between midnight and 5:00 A.M. 3.Parks without fences may be used for pass-through traffic only,during the closed hours (i.e.,parks such as Flamingo). Comments of various departments regarding the desirability of such an Ordinance are excerpted below: POLICE:This would provide the legal means to remove individuals sleeping or loitering in parks between midnight and 5:00 A.M.It is now extremely difficult to take these people into legal custody because of the unconstitutionality of vagrancy laws.The passage of such an Ordinance would not require additional police personnel. GOLF:This would help reduce vandalism and help prevent trespassing. PUBLIC PROPERTIES:Over $2,500 per month in vandalism occurs in parks at night,particularly North Shore Open Space,Crespi, Flamingo and Boys Camp.This vandalism cost is for replacement materials only,and does not include the time of two men repair- ing damages. RECREATION:Some provision is necessary to have persons removed speedily and orderly when found in parks at night.Most programs terminate by 10:00 P.M.,and such an Ordinance would not be a hindrance but would help in keeping the parks safe. The Administration endorses the Ordinance and recommends adoption.a.ti.DAS:mb COMMISSION MEE ·.NG JUN 7 1978 CITY OF MIAMI BEACH 36 AcNo»?_L._A »TYrt 6-7-7gDATE _ -a.~;:.;.. .... ORDINANCE NO. RE E D "#g AN -5 4M11 31 gee AN ORDINANCE AMENDING CHAPTER 25 OF THE CQBE OF THE CITY OF MIAMI BEACH BY AOF'MAAG.ii±lit rSy~C T IO N TO BE NUMBERED 25-17.1,PROVIDING FOR THE CLOSING OF PARKS«DURING CERTAIN HOURS EXCEPT FOR AUTHORI- EDPERSONS;PROVIDING PENALTIES FOR THE VIOLATION THEREOF;AND PROVIDING FOR ITS ADOPTION AS AN EMERGENCY MEASURE FOR THE PROTECTION OF THE LIFE, HEALTH AND SAFETY OF THE CITIZENS AND RESIDENTS OF [,THE CITY OF MIAMI BEACH.-/-)4,+ump>««.'£yJ!t~,;.(t;P--;;,~· I d\7 {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 be and the same is hereby amended by adding a new section thereto to follow Section 25-17 and to be numbered and to read as follows: I "section 25-17.1 ] No person shall be or remain in any part of any park which is fenced in or provided with gates t },J/between the closing of the gates at night and Y~AJiv~ their re-opening on the following day;nor shall 1)('re any person be or remain in any parkrn:c5t-f-enced___.........--ef,I V in or provided with gates,between the hours of f-f ~ 12:00 midnight and 5:00 a.m.on the following 4'-1A U 'day,except that persons may pass through such ,,9r" parks without stopping,on the most direct walk{lt:,1,111'..I or driveway leading from their point of entrance {A)to the exit nearest to their point of destination. e provisions of this section shall not apply tor~:}!;,~lice officers or employees of the public pro-v {)I perties department while in the discharge of their duties nor to persons having a permit in writin ',; p/be or remain in any part of the parkrbetween such hours.The City Manager has the authority to esta- L blish exceptions to the closing hours as set forth et above when it is in the interest of the publicVhealth,safety or welfare and such exceptions shall be posted." t »a la "Ci SECTION 2:Any person violating the provisions of this Ordinance shall be punished by a fine not to exceed Five Hundred Dollars ($500.00),or by imprisonment for a period not to exceed sixty (60)days or by both such fine and imprisonment in the dis- cretion of the court. SECTION 3:All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4:That the City Commission of the City of Miami Beach having found and determined that a public emergency exists affecting life,health,property or public safety,this Ordinance is hereby adopted as an emergency measure and shall go into effect immediately upon its adoption. Attest: PASSED and ADOPTED this COMMISSION MEET!NG JUN 1978 CITY OF MIAM I BEACH day of ,1978. Mayor 1 %37 City Clerk (The adoption of the foregoing Ordinance was moved by Mayor Leonard Haber,Ph.D) AGENDA re ?·/- owre.6-7.79 OFFICE OF THE CIT Y ATTORNEY -17 00 CONVENTI O N CENTER DHIVE -M IAMI BEACH,FLORID A 33139 ,oy '7ttawe 6ad F LORI DA 33139 ''y4{4Jf)Ny[4pyJ)lJ ,l'' OFFICE OF THE CITY MANAGER D.A.SOU THERN CIT MANAGER coonussnos vooo so._?3 CITY HALL I700 CONVENTION CENTER DRIVE TELEPH ONE:673-7010 DATE:June 6,1978 TO:Mayor Leonard Haber,Ph.D.,and Members of the City Commission FROM:D.A.Southern City Manager SUBJECT:PROPOSED ORDINANCE FOR THE CLOSING OF CITY PARKS, BEACHES AND GOLF COURSES BE'IWEEN THE HOURS OF 12:00 MIDNIGHT AND 5:00 A.M. The proposed ordinance closely follows the Dade County Ordinance. The Ordinance calls for: l.A1l fenced parks shall be closed between the time the normal activities of the facility cease in the even- ing hours until re-opening of the gates the following day. 2.A11 parks without fencing shall be closed to the public between midnight and 5:00 A.M. 3.Parks without fences may be used for pass-through traffic only,during the closed hours (i.e.,parks such as Flamingo). Comments of various departments regarding the desirability of such an Ordinance are excerpted below: POLICE:This would provide the legal means to remove individuals sleeping or loitering in parks between midnight and 5:00 A.M.It is now extremely difficult to take these people into legal custody because of the unconstitutionality of vagrancy laws.The passage of such an Ordinance would not require additional police personnel. GOLF:This would help reduce vandalism and help prevent trespassing. PUBLIC PROPERTIES:Over $2,500 per month in vandalism occurs in parks at night,particularly North Shore Open Space,Crespi, Flamingo and Boys Camp.This vandalism cost is for replacement materials only,and does not include the time of two men repair- ing damages. RECREATION:Some provision is necessary to have persons removed speedily and orderly when found in parks at night.Most programs terminate by 10:00 P.M.,and such an Ordinance would not be a hindrance but would help in keeping the parks safe. The Administration endorses .a$.t2.DAS :mb I the Ordinance and COMMISSION MEET'NG JUN 197 GITY OF MIAMI BEACH recommends adoption. e.36 AcNo»Z.L_Ae_Irft -7-7gD[ $ o I/EDt',+-"- "¢JUN -5 AM11 31 AN ORDINANCE AMENDING CHAPTER 25 OF THE CODE OF THE CITY OF MIAMI BEACH BY A,OPMNAili±if fcTIoN TO BE NUMBERED 25-17.1,PROVIDING FOR THE CLOSING OF PARKS DURING CERTAIN HOURS EXCEPT FOR AUTHORI- ZED PERSONS;PROVIDING PENALTIES FOR THE VIOLATION THEREOF;AND PROVIDING FOR ITS ADOPTION AS AN EMERGENCY MEASURE FOR THE PROTECTION OF THE LIFE, HEALTH AND SAFETY OF THE CITIZENS AND RESIDENTS OF THE CITY OF MIAMI BEACH. 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 be and the same is hereby amended by adding a new section thereto to follow Section 25-17 and to be numbered and to read as follows: "Section 25-17.1 No person shall be or remain in any part of any park which is fenced in or provided with gates between the closing of the gates at night and their re-opening on the following day;nor shall any person be or remain in any park not fenced in or provided with gates,between the hours of 12:00 midnight and 5:00 a.m.on the following day,except that persons may pass through such parks without stopping,on the most direct walk or driveway leading from their point of entrance to the exit nearest to their point of destination. The provisions of this section shall not apply to police officers or employees of the public pro- perties department while in the discharge of their duties nor to persons having a permit in writing to be or remain in any part of the park between such hours.The City Manager has the authority to esta- blish exceptions to the closing hours as set forth above when it is in the interest of the public health,safety or welfare and such exceptions shall be posted." SECTION 2:Any person violating the provisions of this Ordinance shall be punished by a fine not to exceed Five Hundred Dollars ($500.00),or by imprisonment for a period not to exceed sixty (60)days or by both such fine and imprisonment in the dis- cretion of the court. SECTION 3:All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION_4:That the City Commission of the City of Miami Beach having found and determined that a public emergency exists affecting life,health,property or public safety,this Ordinance is hereby adopted as an emergency measure and shall go into effect immediately upon its adoption. ORDINANCE NO. Attest: PASSED and ADOPTED this COMMISSION MEETING JUN 197 CITY OF ..-.+BEACH day of Mayor ,1978. tee -37 ~ City Clerk (The adoption of the foregoing Ordinance was moved by Mayor Leonard Haber,Ph.D) AGENDA r R?-·/- owe €-7.78 OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE -MIAMI BEACH.FLORIDA 33139 -__. M MIAMI BEACH SUN-REPORTER Thurs.,&Sat. Published Thurs.,&Sat.in Miami Beach, Dade County,Florida STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority per- sonally appeared,BETTY FABER whoonoathsaysthat-she is the manager of legal accounts and duly authorized to make this affidavit in behalf of the SUN-REPORTER a newspaper published at Miami Beach in Dade County, Florida;that the attached copy of adver- tisement,being a Legal Advertisement or Notice in the matter of Notice to Public vs. City of Miami Beach in the Court, was published in said newspaper in the issues of June 17,1978 Affiant further says that said SUN- REPORTER is a newspaper published at Miami Beach,in said Dade County,Flor- ida,and that said newspaper has hereto- fore been continuously published in said Dade County,Florida,each Thurs.,&Sat., has been entered as second-class mail matter at the post office in Miami Beach, in said Dade County,Florida,for a period of one year next preceding the first publi- cation of the attached copy of advertise- ment;and affiant further says that she has neither paid nor promised any person, firm or corporation any discount,rebate,. commission or refund for the purpose of securing this advertisement for publi tion in the said newspaper. Sworn to and this 19 l ]9ll Notary Public State of Florida at Large 2g ,deass{{< My Commission expires June 17,1980 NOTICli TO THE PUBLIC I.p 99 NOTICEIS HEREBY GIVEN THAT THE FOLLOWING OR. DINANCE WAS.PASSED AS AN EMERGENCY MEASURE BY THE CITY COMMISSION OF MIAMI BEACH ON JUNE 7,1978, TO BE EFFBGIVE UPON ITS PASSAGE,AMO HE SAME IS HEREBY SET FORTH IN FULL: ORDINANCE NO.78-2124 ',m AN ORDINANCE AMENDING CHAPTER 25 OETHE CODE OFSEE,#EsBENUMBD25-17.1, PROVIDING FO HE CLOSING OF PUBLIC PARKS,BEACHES AND GOLF COURSES DURING CERTAIN HOURS EXCEPT FOR AUTHORIZED PERSONS; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; AND PROVIDING FOR ITS ADOPTION AS AN EMERG. GENCY MEASURE FOR THE PROTECTION OF THE LIFE,HEALTH AND SAFETY OF THE CITIZENS AND RESIDENTS OETHE CITY OF w o w s""ga BE IT ORDAINED BY THE CITY COMISSONOF THE CITY OF MIAMI BEACH,FLORIDA: SECTION :That Chapter 25 of the Code of the City of Miami Beach be and the same is hereby amended by adding a new section thereto to follow Section 25-17 and to be numbered and to read as follows: ''Section 25-17.1 No person shall be or remain in any part of any public park,beach or golf course which is fenced in or provided with gates between the closing of the gates at night and their re-opening on the following day;nor shall any person be orlremaininanypublicpark,beach or golf course not fenced in or provided wi,es,between thehoursof12:idnight and 5:00 a.m.on the ring day,except, that persons y pass through such public park ithout stopping, on the most direct walk or driveway leading from their point of entrancefe exit nearest totheirpointdestination,The provisions of section shall not apply to p officers or em- ployees of t ublic properties departmen~ie In t,e discharge of their d ties nay to persons having a p ·mit in writing to be or remain in 94¥part of any public park,bea"9 9olt course bet- ween such hours.he City Manager has the authority to establish exceptions to the closing hours as set forth above when it is in the interest of the public health, safety or welfare and such ex. ceptions shall be posted.'' SECTION 2:Any person violating the provisions of this Ordinance shall be punished by a fine not to exceed Five Hundred Dollars ($500.00),or by imprisonment for a period not to exceed sixty (60) days or by both such fine and imprisonment in the discretion of the court. SECTION 3:All ordinances or - parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4:That the City Commission of the City of Miami / Beach having found and deter- mined that a public emergency exists affecting lite,health, property or public safety,this Ordinance is hereby adopted as an emergency measure and shall go into effect immediately upon its adoption. PASSED and ADOPTED this rm asyv o+4wnid% s».a ..ca nor Mayor Passed and Adopted as an Emergency Measure -June 7,1978 COMMISSION MEETIN G buN ?irte GIT OF MIAMI BEACH Attest: (SEAL)t(Signed)Elainl lwsCityClerk said ordinance is o file inthe Office of the City ;lerk "tor examination,by all interestedparties.-] June 17-18,1978No.1868 85 R-1A