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1 ORDINANCE NO. _____ _
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3 An Ordinance amending Chapter 2, Article I, Sec. 2-2.1 (K), titled "Decorum" by
4 providing for the appointment of a Sergeant at Arms and establishing procedure for
5 the enforcement of the rules of decorum.
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7 Whereas, it takes a substantial commitment of time and hard work to be a good
8 commission member; and
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10 Whereas, the board and commission process conducted in an orderly manner is essential
11 to the successful function of a City government; and
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13 Whereas, the rights of citizens to be heard are preserved tinough time-limited and
14 orderly speech in meetings of the City Commission and Boards during public remarks and certain
15 hearings and workshops; and
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17 Whereas, the rights of citizens to observe public and monitor meetings of the City
18 Commission is assured via electronic means; and
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20 Whereas, disorderly and disruptive conduct at public meetings interferes with the
21 successful function of City govenunent.
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23 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
24 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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26 Section 1. Chapter 2, Article I, Section 2-2.1 subsection (K) of the City code is amended as
27 follows:
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29 (K) DECORUM.
30 (1) By commission members. While the commission is in session, the members mnst
31 preserve order and decorum, and a member shall neither by conversation or otherwise
32 delay or interrupt the proceedings or the peace of the commission nor disturb any
33 member while speaking or refuse to obey the orders of the commission or its
34 presiding officer, except as otherwise provided.
35 (2) By persons. Any person making personal impertinent, or slanderous remarks or who
36 shall become boisterous while addressing the commission shall be forthwith barred
37 from further audience before the council by the presiding officer, unless permission to
38 continue be granted by a majority vote of the commission.
39 (3) Sergeant at Arms. The Chief of Police, or any sworn law enforcement officer
40 designated by the Chief of Police, shall be the Sergeant at Arms at all meetings of the
41 City Commission as well as at other public meetings that occur in the City, including
42 but not limited to the meetings of all boards, committees or agencies, if requested by
43 the chairperson of those meetings, or at the discretion of the Chief of Police if
44 disruptive behavior has been reported to him or her.
45 (a) The City Commission Sergeant at Arms shall do all of the following:
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1 (1) Maintain good order in the corridors, committee rooms, and Commission
2 Chamber in City Hall, and those areas of City Hall under the use and control
3 of the City Commission. This section shall not affect or abridge the authority
4 or duties and responsibilities of the Police Department.
5 (2) Strictly enforce the rules of decorum and other provisions of this ordinance by
6 removing a disruptive person if he or she fails to promptly obey a warning to
7 cease and desist from any further disruptive behavior.
8 Section 2: Codification. The provisions of this ordinance shall become and be made
9 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
10 ordinance may be renumbered or re-lettered to accomplish such intention; and that the word
11 "ordinance" may be changed to "section" or other appropriate word.
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13 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
14 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
15 shall not affect the validity of the remaining portions of this ordinance.
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17 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all section
18 and parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is
19 not the intent of this section to repeal entire ordinances, or parts of ordinances, that give the
20 appearance of being in conflict when the two ordinances can be harmonized or when only a
21 portion of the ordinance in conflict needs to be repealed to harmonize the ordinances. If the
22 ordinance in conflict can be hannonized by amending its terms, it is hereby amended to
23 harmonize the two ordinances. Therefore, only that portion that needs to be repealed to
24 hannonize the two ordinances shall be repealed.
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26 Section 5. Effective Date. This ordinance shall become effective upon enactment.
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PASSED AND ENACTED this __ day of _____ , 2012.
ATTEST:
CITY CLERK
1 st Reading
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Beasley:
Commissioner Palmer:
Commissioner Harris:
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