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1 ORDINANCE NO. _____ _
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3 An Ordinance adding a provision governing, defining and proscribing
4 panhandling to be codified in Section 15-8 of the City of South Miami's Code
5 of Ordinances which is currently reserved.
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7 WHEREAS, there is currently no provision in the City of South Miami's Code of
8 Ordinances concerning panhandling; and
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10 WHEREAS, panhandling in any area of the City increases the chance for a citizen of
11 South Miami to be subject to abuse, harassment or intimidation; and
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13 WHEREAS, the downtown area of the City of South Miami has an abundance of
14 restaurants and bars that have outdoor seating areas; and,
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16 WHEREAS, this ordinance is intended to regulate conduct for the purpose of promoting
17 public safety and tranquility for the citizens of South Miami and the patrons of the restaurants
18 and bars in the downtown area of South Miami.
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20 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
21 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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23 Section 1: Section 15-8 of the City of South Miami's Code of Ordinances, as reserved,
24 shall be added to read as follows:
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26 Sec. 15-8. Resef'Ved. Panhandling
27 (a) Offense . It shall be unlawful for any person to commit an act of
28 panhandling by trick or fraud, or to aid or assist another in a violation of
29 this section . It shall also be unlawful for any person to panhandle while
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(b)
(c)
trespassing on public or private property.
Definitions. Panhandling is conduct whereby apIson knowingly goes
about begging r otherwis requesting money or other valuable thing from
others.
Violators of this section shall be deemed trespassers and subiect to
punishment as provided in section 1-8 of this Code.
36 Editor's note-
37 Ord. No. 22-98-1670, § 2, adopted Oct. 20,1998 repealed §§ 15-7-15-13 in their
38 entirety. Former §§ 15-7-15-13 generally pertained to children in movie theaters,
39 and derived from Ord. No. 288, §§ 2-8, adopted Mar. 2,1954.
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41 Section 2: Codification. The provisions of this ordinance shall become and be made
42 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
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1 ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word
2 "ordinance" may be changed to "section" or other appropriate word.
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4 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
5 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
6 shall not affect the validity of the remaining portions of this ordinance.
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8 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
9 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
10 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
11 that give the appearance of being in conflict when the two ordinances can be harmonized or
12 when only a portion of the ordinance in conflict needs to be repealed to harmonize the
13 ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
14 amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
15 to harmonize the two ordinances shall be repealed.
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17 Section 5. Effective Date. This ordinance shall become effective upon enactment.
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19 PASSED AND ENACTED this __ day of ,2013.
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21 ATTEST: APPROVED:
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25 CITY CLERK MAYOR
26 1 st Reading
27 2nd Reading
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29 READ AND APPROVED AS TO FORM: COMMISSION VOTE:
30 LANGUAGE, LEGALITY AND Mayor Stoddard:
31 EXECUTION THEREOF Vice Mayor Liebman:
32 Commissioner Newman:
33 Commissioner Harris:
34 Commissioner Welsh:
35 CITY ATTORNEY
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