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1 ORDINANCE NO. ______ _
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3 An Ordinance defining and prohibiting trespassing to be codified in Section
4 15-7 of the City of South Miami's Code of Ordinances which is currently
5 reserved.
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7 WHEREAS, there is currently no provision in the City of South Miami's Code of
8 Ordinances concerning trespassing other than trespass towing, littering, granting immunity for
9 city employees or agent for trespassing and garbage and solid waste collection service trespass;
10 and
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12 WHEREAS, the very nature of trespassing is an act that is provocative as it occurs
13 without the consent of one of the parties; and
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15 WHEREAS, the ability to act immediately in dealing with a trespasser is a good measure
16 to prevent other possible violations that may result from the act of trespassing; and
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18 WHEREAS, this ordinance is intended to regulate conduct for the purpose of promoting
19 safety of citizens for the citizens of South Miami and the patrons of the restaurants and bars in
20 the downtown area of South Miami.
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22 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
~3 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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25 Section 1: Section 15-7 of the City of South Miami's Code of Ordinances, as reserved,
26 shall be added to read as follows:
27 Sec. 15-7. -ReseAled.Trespass. No person shall trespass on private or public property.
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(a) Definition: Trespass, for the purpose of this section~ shall mean:
(1) Entering upon or refusing to leave, any private property of another,
either where such property has been posted with "no trespassing"
signs, or where immediately prior to such entry, or subsequent
thereto, notice is given by the owner or occupant, orally or in
(2)
(3)
writing, that such entry, or continued presence, is prohibited.
Entering upon or refusing to leave any public property in violation
of regulations promulgated by the official charged with the
security, care or maintenance of the property and approved by the
governing body of the public agency owning the property where
such regulations have been conspicuously posted or where
immediately prior to such entry, or subsequent thereto, such
regulations are made known by the official charged with the
security, care or maintenance of the property, his agent or a police
officer.
Entering or loitering upon city-owned real property where the
public is not customarily invited without authority from the city, or
having first entered such property without authority and having
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(b)
(c)
been warned to leave remains on such property, shall be deemed a
trespasser.
The city manager or hislher duly authorized representative is hereby
authorized to designate those areas of city-owned real property to which
public access is excluded or times when the area shall not be open to the
public. All such areas shall be posted to reflect the denial or limitation of
public access.
Violators of this section shall be deemed trespassers and subject to
punishment as provided in section 1-8 of this Code.
10 Editor's note-
11 Ord. No. 1773, § 1, adopted June 4, 2002, amended the Code by repealing former §
12 15-7 in its entirety. Former § 15-7 pertained to locking devices for firearms, and
13 derived from Ord. No. 1716, adopted June 6, 2000.
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15 Section 2: Codification. The provisions of this ordinance shall become and be made
16 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
17 ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word
18 "ordinance" may be changed to "section" or other appropriate word.
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20 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
21 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
22 shall riot affect the validity of the remaining portions of this ordinance.
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24 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
25 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
26 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
27 that give the appearance of being in conflict when the two ordinances can be harmonized or
28 when only a portion of the ordinance in conflict needs to be repealed to harmonize the
29 ordinances. If the ordinance in conflict can be hannonized by amending its tenns, it is hereby
30 amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
31 to harmonize the two ordinances shall be repealed.
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33 Section 5. Effective Date. This ordinance shall become effective upon enactment.
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PASSED AND ENACTED this __ day of , 2013.
ATTEST: APPROVED:
CITY CLERK MAYOR
1 sl Reading
2nd Reading
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2 READ AND APPROVED AS TO FORM: COMMISSION VOTE:
3 LANGUAGE, LEGALITY AND Mayor Stoddard:
4 EXECUTION THEREOF Vice Mayor Liebman:
S' Commissioner Newman:
6 Commissioner Harris:
7 Commissioner Welsh: .
8 CITY ATTORNEY
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