94-21178 RESO Incomplete
RESOLUTION NO. 94-21178
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,
ACKNOWLEDGING METROPOLITAN DADE COUNTY
ORDINANCE NO. 94-41 WHICH PROHIBITED
AGGRESSIVE OR OBSTRUCTIVE PANHANDLING, AND
DIRECTING THE MIAMI BEACH POLICE DEPARTMENT TO
ENFORCE THE PROVISIONS THEREOF.
WHEREAS, on March 17, 1994, the Metropolitan Dade County
Commission passed and adopted its Ordinance No. 94-41 which created
Section 21-31.4 of the Metropolitan Dade County Code, prohibiting
aggressive or obstructive panhandling; and
WHEREAS, as legislative support for this Ordinance, Dade
County Ordinance No. 94-41 states, in pertinent part, as follows:
Whereas, aggressive panhandling, in which a person begs
money or goods in a manner intended to intimidate others
into giving, is a public nuisance which frightens
children and adults and harms neighborhoods and
neighborhood businesses by causing people to avoid places
where such aggressive begging takes place; and
Whereas, panhandlers who obstruct sidewalks causing
pedestrians to step off the sidewalk and who obstruct
lanes of traffic causing vehicles to change lanes to
avoid contact are a public nuisance and a danger to
themselves and others; and
Whereas, adequate opportunities exist for people to beg
alms without aggressively panhandling or obstructing
sidewalks and lanes of traffic ...; and
WHEREAS, the City of Miami Beach acknowledges the above-stated
legislative intent of the County's Aggressive Begging Ordinance and
recognizes its legislative efforts; and
WHEREAS, Dade County Ordinance No. 94-41 has application to all
municipalities within Dade County.
NOW, THEREFORE, be it duly resolved by the Mayor and City
Commission of the City of Miami Beach, Florida, that it hereby
acknowledges Metropolitan Dade County Ordinance No.
94-41
prohibiting aggressive or obstructive panhandling and directs the
Miami Beach Police Department to enforce the terms of Dade County
Ordinance No. 94-41, consistent with constitutional dictates.
PASSED and ADOPTED this 1st day of June, 1994.
ATTEST:
(signed) Richard E. Brown
City Clerk
(signed) Seymour Gelber
Mayor
(Requested by Commissioner David pearlson)
e3~2/~4 ~9~15 tt30S37S24~
nERK Of BOARD ... C' iY M I A 8C1i LGL
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OBDlNANCE No..
ORDINANCE eREA TING SECTION 21-3 \ 4 Of THE DADE
coUNTY CODE. PROI-DBlitNO AOORESSlVE OR
OBSTRUCT(VE pANHANDL1NG~ PROVIDING
DEFINITlONS. PENALTIES. SEVERABILITY. INCLUSION
IN mE CODE. AND AN EFFEcnVE DATE
lu~tltutl
f\lm1n non m. 1 if)
3-1S-9.
94 · ~~ 1 ~
WHEREAS. aaar...iv. panhandlinS. in which a pe"on b'lIs money or llooc1. in a_
intended to intimidate othen into givins. i. a public nuilllllce which !\iiht... children and acIuIU
and hannS nei&bborboocls and neishb<>rhoocl busin.- by Clusina people'" avoid pi"'" when
IUCh apralive begin, takes p'ace~ and
WHEREAS. panhandlers who 0_ sidewalkl "",,sinll ~. to step off the
sidewalk and who ob.tNetl.... or Iralllc causina veNd.. to chilli' ,.... 10 avoid conllct are a
public nuisance and a danpi' to lhemMIves and others. and
WSEREAS. acI......t. opportunitiea cxilt foe people to bel a1m1 .,;- l88'esaivoIy
panhandtinl or obttNctin& sidewalks and laDes or uatIic.
NOW. THEREfORE. BE rr ORDAINED BY THE BOARD or couNTY
COMMISSIONERS OF DADE COUNTY. FLORIDA:
4
e3/(~/94 09' 15
t!30S37S24S4
CLERK OF BOARD ... C I TV M I A B<"H LCL ~ 0004
..' T -
Section I.
Su.b.~itut.
laJ. liens ~6 Q(DJ
Pile No 2
Section 21-314 or the Code of Metropolitan Dade County. Florida. is
hereby created to read II follows:
See, 21-31.... Aggressive or Obstructive Panhandling Proh.ibited.
A, Definition.. The foltowina definitions apply in this section:
1.
- Auressively beg" means to beg Mth the intent to
intimidate another person into giving money or
goods.
2.
-Intimidate- meaN to enl. in conduct which
would make I reasonable pawson re.a~1 or feel
com~el1ed, Amona the circ:wnstancea which may be
conlldued in detenninin, whether the aClor intends
to intimidate another penon into aMna money or
goods are that the aaor: (a) touches the per10ft
solicited; (b) (ollows the penon solicited. and
persists in bef&ina after the penon solicited has
given a ncsatJve response; (e) directs profane or
abusive lansuaae toward the penon solicited; or
(d) uses violent or threatening gestures toward the
penon IOlicited.
),
-B.. means to uk or solicit ror money or loads u
a charity. whether by word. bodily les1urea, sian-.
or other means.
"Ob.ruct pedestrian or vchic::uJar traffic" means to
walk. IWHI. lit. ti.. or place 1ft objoct in euell .
manner u to block puliS' by another penon or I
vehicle. or to reqwre MOther penon or . dri~ or I
vehicle to take unreasonable evasive action to avoid
phyaicaJ contact.
.Public place. means an area generally visible to
public VlCW and includes alleys. bridgea. buildings.
driveways. parkina lots. parka.plazu. sidewaJb and
streets open to the seneral publie. indudin, tho..
that serve food or drink or provide entertanunent.
and the doorway. and cntrln(iCI to buildinp or
dwel1in81 and thell'ound. enc:lolinS them.
..,
s,
6.
"
.Unreasonable evasive action- means cauq . .
vehicle to depu:t from the lane of'traftlc ill wtddl it
i. travelins to chana.lanes. to ItTIddJe lanes. or to
enter onto I awaIe to obtain p~.~ it also mana
causinS a pedestrian to leave the sidewalk on which
j
Section 2.
3053752'184
CLERk OF BOARD ... CITY MIA 8CH LeL
~OO5
Sub.titae
Agenda hem No, 7 ( P )
Paae No. 1
she or he is t1lwlina or to nWcc contact with a wall
or fence bordering tho sidewalk,
8, Prohibi1ed A"ttl A person is guilty or pedestrian
interference ir. in a public place, he or the intent;on.aJly:
I ' Obstructs pedmrian or vehicular traffic; or
2, Agaressivdy boas,
c
Pennittcd Activities, Acts authorized as an exercise of one'l
constitutional right to picket or to ~aJJy protelt. and acts
authorized by I pamit duly issued by a IawNJ authority
shall not constitute obstruction of pedestrian or vehicular
traIBc,
0,
Penalties, The t;nr violl1ion of this provision shaJl be
punishable by not more than I fine ofSJOO and 30 days
Incarceration; second and sub~uent violations shAll be
punishabl~ by not more than I tine of S200 and 60 clay.
I ncarc:crulon ,
E.
Alternative ProSflllll. Nothina herein lhalllimit the
discretion orttIC police, court petSOMel. and jud,a trom
refenina individuaJllUspected, charaed. or conVicted of I
violation orthis proviaion to treatment proJI'IIN Of facilities
u an alternative to prosecution or incarceration, providod
that the individual freely content.. For homeJeu
individuals, Neb alternative pro.ram. shaD inck,de. but not
be limited to, the Dade County HomeJeu A..istance
Project.
If any MCtion. IUbMCtion. sentence, cJause or provilion of thi. ordinance is
held invalid, the remainder of this ordinance shall not be aft'ected by IUch invalidity,
Section 3,
It is the intention of the Board of County Commissioners, and it iJ hereby
ordained that the provisions orthis ordinance shaJl become and be made a pan orthe Code of
Metropolitan Dade County, f10ridL The sections of this ordiftl.J1Ce may be renumbered or
relettered to accompliah such intention, and the word "ordinance. may be chanSed to · IeCti on. "
"anicJc." or other appropriate word,
aID''' ~
6
--
03/22~94 09:18 "3053752464
r [('
CLERK OF BOARD ... CITY MIA BCH LCL
~006
Subatitute
Aaendl Item No. 1 ( P)
Page No, 4
Section 4.
This ordinance shall become effective ten (10) daY' after the date of
enactment
PASSED AND ADOPTED:
Approved by County Attorney u
to (orm and legal sufficiency.
Prepared by:
MAR 1 7 199.
I!A(,
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'1
CITY OF
MIAMI
BEACH
C:""HAi...L 1700 CONVENTON CE"'-ER :::;R'vE \1IAM! BEACH FLOP L;A 3J :39
OFFICE OF THE CITY MANAGER
TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. 3/9-9<1
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE: June 1, 1994
FROM:
Roger M, Carr (). /:l J -
City Manager ~
SUBJECT:
AGGRESSIVE BEGGING RESOLUTION
ADMINISTRATION RECOMMENDATION:
It is recommended that the City Commission approve a Resolution
acknowledging Metropolitan Dade County Ordinance No. 94-41 which
prohibits aggressive or obstructive panhandling and directing the
Miami Beach Police Department to enforce the provisions thereof.
BACKGROUND:
On March l7, 1994 the Metropolitan Dade County Commission passed
and adopted its Ordinance No. 94-41 which created section 2l-31-4
of the Metropolitan Dade County Code, prohibiting aggressive or
obstructi ve panhandl ing. This Ordinance was enacted in response to
numerous complaints involving panhandlers who obstruct sidewalks,
intimidate and create fear in the general public and create an
unsafe condition for vehicular traffic.
The Police Department will enforce the proposed Ordinance as any
other Ordinance violation. The officers will be encouraged to warn
violators on their first offense, and as long as the action is
discontinued there will be no further action. Failure to obey the
intent of this Ordinance could result in incarceration. Officers
exercising their arrest powers will use the Metro Dade County
Ordinance in conjunction with the City'S enabling code.
CONCLUSION:
The City Commission should endorse the proposed Metropolitan Dade
County Ordinance in support of controlling this public nuisance.
1
AGENDA
ITEM
R-1-f1
10-1-94
DATE
RESOLUTION NO.
1 ()l led LiLI
- ________H_ -., THB KAYOR AND CITY COMMISSION
0., MIAMI BEACH, "LORIDA,
METROPOLITAN DADE COUNTY
I. 94-41 WHICH PROHIBITED
f. ,-- ~~.7 ,c, . .' ~)A OBSTRUCTIVE PANHANDLING, AND
, f f ~ ((",.....lUAMI BEACH POLICB DEPARTMENT TO
L'J,' (U~ <.4-" . .') ,OVISIONS THEREO.,.
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17,
1994,
the Metropol i tan Dade County
commission passed and adopted its Ordinance No. 94-4l which created
section 21-3l.4 of the Metropolitan Dade County Code, prohibiting
aggressive or obstructive panhandling; and
WHEREAS, as legislative support for this Ordinance, Dade
County Ordinance No. 94-41 states, in pertinent part, as follows:
Whereas, aggressive panhandling, in which a person begs
money or goods in a manner intended to intimidate others
into giving, is a public nuisance which frightens
children and adults and harms neighborhoods and
neighborhood businesses by causing people to avoid places
where such aggressive begging takes place; and
Whereas, panhandlers who obstruct sidewalks causing
pedestrians to step off the sidewalk and who obstruct
lanes of traffic causing vehicles to change lanes to
avoid contact are a public nuisance and a danger to
themselves and others; and
Whereas, adequate opportunities exist for people to beg
alms without aggressively panhandling or obstructing
sidewalks and lanes of traffic ... ; and
WHEREAS, the City of Miami Beach acknowledges the above-stated
legislative intent of the County's Aggressive Begging Ordinance and
recognizes its legislative efforts; and
WHEREAS, Dade County Ordinance No. 94-4l has application to
all municipalities within Dade County.
NOW, THEREFORE, be it duly resolved by the Mayor and City
Commission of the City of Miami Beach, Florida, that it hereby
acknowledges Metropolitan Dade County Ordinance No.
94-41
prohibiting aggressive or obstructive panhandling and directs the
2
1
A~~~~~ _/ -11
DATE
G-/-9Y
Miami Beach Police Department to enforce the terms of Dade County
Ordinance No. 94-41, consistent with constitutional dictates.
PASSED and ADOPTED this
day of
, 1994.
MAYOR
CITY CLERK
ATTEST:
(Requested by Co~ssioner David Pearlson)
Ic:\jean\commiss\aggpan,res)
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