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16
ORDINANCE NO. _____ _
An Ordinance governing, defining and proscribing panhandling to be
codified in Section 15-8 of the City of South Miami's Code of Ordinances
which is currently reserved and providing a penalty.
WHEREAS, there is currently no provision in the City of South Miami's Code of
Ordinances concerning panhandling; and
.3
WHEREAS, panhandling in any area of the City increases the chance for a citizen of
South Miami to be subject to abuse, harassment or intimidation and it where it occurs in the
street it causes obstruction to traffic; and
WHEREAS, the downtown area of the City of South Miami has an abundance of
restaurants and bars that have outdoor seating areas; and,
WHEREAS, this ordinance is intended to regulate conduct for the purpose of promoting
public safety and tranquility for the citizens of South Miami and the patrons of the restaurants
and bars in the downtown area of South Miami.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1: Section 15-8 of the City of South Miami's Code of Ordinances, as reserved,
shall be added to read as follows:
Sec. 15-8. Reserved. Panhandling.
(a) It shall be unlawful for any person to solicit money or other things of value, or to
solicit the sale of goods or services (hereinafter referred to as "panhandling") in
an aggressive manner in a public area, or by trick or fraud, or to assist another in
violation of this ordinance.
(1) To solicit or solicitation, for purposes of this section, shall include,
without limitation, the spoken, written, or printed word or such other acts
or bodily gestures as are conducted in furtherance of the purposes of
obtaining something of value or to sell something.
(2) Aggressive Manner, for purposes ofthis section, shall be defined as:
a. Intentionally or recklessly making any physical contact with or
touching another person in the course of the solicitation, or
approaching within an arm's length of the person, except with the
person's consent;
b. Following the person being solicited, if that conduct is intended to
or is likely to cause a reasonable person:
1. to fear imminent bodily harm or touching; or
2. to fear the commission of a criminal act upon property in
the person's possession; or
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(b)
3. to intimidate the person being solicited into responding
affirmatively to the solicitation.
c. Continuing to solicit within five feet of the person being solicited
after the person has made a negative response, if continuing the
solicitation is intended to or is likely to cause a reasonable person:
1. to fear imminent bodily harm or touching; or
2. to fear the commission of a criminal act upon property in
the person's possession; or
3. to intimidate the person being solicited into responding
affirmatively to the solicitation.
d. Intentionally or recklessly blocking the passage of the person being
solicited or requiring the person, or the driver of a vehicle, to take
evasive action to avoid physical contact with the person making
the solicitation;
e. Intentionally or recklessly:
1. speaking at an unreasonably loud volume under the
circumstances or using words intended to or likely to cause
a reasonable person:
1. to fear imminent bodily harm or touching; or
11. to fear the commission of a criminal act upon
property in the person's possession; or
111. to intimidate the person being solicited into
responding affirmatively to the solicitation.
f. Approaching the person being solicited in a manner that is likely to
cause a reasonable person
1. to fear imminent bodily harm or touching; or
2. to fear the commission of a criminal act upon property in
the person's possession; or
3. to intimidate the person being solicited into responding
affirmatively to the solicitation.
(3) Public area, for purposes ofthis section, means an area open to use by the
general public, including, but not limited to, alleys, bridges, buildings,
driveways, parking lots, parks, plazas, sidewalks, and streets open to the
general public, and the doorways and entrances to buildings, including
dwellings, restaurants and businesses, and the grounds enclosing them.
It shall be unlawful to panhandle, as defined in this ordinance:
(1) in any public transportation vehicle, or bus or at a location where public
transportation stops; or
(2) within ten feet of:
a. an automated teller machine, or
b. any entrance or exit to a building containing an automated teller
machine.
c. the foregoing acts shall not be unlawful if the private owner of the
property covered by this clause consents to such solicitations.
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(c)
(d)
(e)
It shall be unlawful to panhandle, as defined in this ordinance, on or in the
following places or from the following individuals:
(1) private property or residential property, if the owner, tenant, or lawful
occupant has asked the person not to solicit on the property, or has posted
a sign clearly indicating that such solicitation is prohibited, not allowed, or
not welcome on the property;
(2) any operator of a motor vehicle that is in traffic on a public street, whether
in exchange for cleaning the vehicle's windows or otherwise; or
(3) any operator or occupant of a motor vehicle on a public street in exchange
for blocking, occupying, or reserving a public space, or directing the
occupant to a public parking space.
A violation of this ordinance may be punished by a fine not to exceed
, or by imprisonment for a term not to exceed
or by both.
This ordinance is not intended to proscribe any demand for payment for services
rendered or goods delivered.
20 Editor's note-
21 Ord. No. 22-98-1670, § 2, adopted Oct. 20,1998 repealed §§ 15-7-15-13 in their
22 entirety. Former §§ 15-7-15-13 generally pertained to children in movie theaters,
23 and derived from Ord. No. 288, §§ 2-8, adopted Mar. 2,1954.
24
25 Section 2: Codification. The provisions of this ordinance shall become and be made
26 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
27 ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word
28 "ordinance" may be changed to "section" or other appropriate word.
29
30 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
31 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
32 shall not affect the validity of the remaining portions of this ordinance.
33
34 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
35 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
36 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
37 that give the appearance of being in conflict when the two ordinances can be harmonized or
38 when only a portion of the ordinance in conflict needs to be repealed to harmonize the
39 ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
40 amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
41 to harmonize the two ordinances shall be repealed.
42
43 Section 5. Effective Date. This ordinance shall become effective upon enactment.
44
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1 PASSED AND ENACTED this __ day of ,2013.
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3 ATTEST: APPROVED:
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CITY CLERK
1 st Reading B
2nd Reading B
MAYOR
READ AND APPROVED AS TO FORM: COMMISSION VOTE:
LANGUAGE, LEGALITY AND Mayor Stoddard:
EXECUTION THEREOF Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
CITY ATTORNEY
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