81 ORDINANCE NO. _____ _
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3 An Ordinance amending Chapter 15 of the City of South Miami's Code of
4 Ordinances, Article I, Section 15-66, titled "state misdemeanors" and to
5 authorize the issuance of a civil citation in lieu of arrest for certain
6 misdemeanors, establishing enforcement, penalties and procedures relating
7 thereto.
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9 WHEREAS, the City of South Miami has been vested with home rule power to enact
10 ordinances that do not conflict with state law; and
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12 WHEREAS, the City of South Miami ("City") has previously enacted Section 15-66,
13 which makes it unlawful to commit any act which is or shall be recognized by the laws of the State of
14 Florida as a misdemeanor when such act is committed within the jurisdictional boundaries of the City,;
15 and
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17 WHEREAS, several states and localities have modified their drug laws to create civil
18 violations for possession of de minimis amounts of marijuana, which is enforceable by a
19 monetary fine and does not subj ect that person to arrest or criminal prosecution; and
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21 WHEREAS, this proposed ordinance will provide the City's police department with an
22 alternative to arrest for certain misdemeanors and it will create additional mechanism under the
23 City's Code to enforce these violations; and
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25 WHEREAS, the Mayor and City Commission have an interest in enacting monetary civil
26 penalties for certain misdemeanor violations and such civil penalties will act as an additional
27 deterrent to such violations when encountered by the officers of the South Miami Police
28 Department; and
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30 WHEREAS, the South Miami Police Department should have the discretion to issue a
31 civil citation pursuant to this ordinance, or arrest or not arrest a person for the commission of a
32 misdemeanor under State law.
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34 WHEREAS, those individuals who are issued a civil citation in lieu of arrest should
35 undergo an assessment, perform community service and be required to be treated for underlying
36 causes of their crime; and
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38 WHEREAS, a similar plan has support from the Miami-Dade Police Department.
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40 WHEREAS, "the issuance of a civil citation is appropriate for those individuals who
41 have no record, or only a minor criminal history; and
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43 WHEREAS, police officers should still have the authority to make an arrest or issue a
44 civil citation, depending on the crime and the circumstances.
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1 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
2 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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4 Section 1. Chapter 15 of the City of South Miami's Code of Ordinances, Section 15 -66,
5 titled "state misdemeanors" is hereby amended in pertinent part to read as follows:
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8 Sec. 15-66. -State misdemeanors.
9 (1) It shall be unlawful to commit within the limits of the city, any act which is or
10 shall be recognized by the laws of the State of Florida as a misdemeanor, and the
II commission of such act is hereby forbidden.
12 (2) Whosoever shall violate the provisions of this section, upon conviction thereof,
13 shall be punished by the same penalty as is provided by the laws of the state.
14 (3) Notwithstanding subsection (2), the following misdemeanorCs) are eligible to
15 receive a civil violation notice and are subject to the rme set forth in this section,
16 at the discretion of a law enforcement officer and provided that such violations do
17 not occur in conjunction with any charge that is a felony, or that involves driving
18 under the influence, domestic violence, or a violent crime, as those terms are
19 defined under State law:
20 (a) Possession of Carmabis in an amount of 20 grams or less, as set forth in
21 section 893.13(6)(b) ofthe Florida Statutes, as such may be amended from
22 time to time; and/or
23 (b) Possession of Drug Paraphernalia, as set forth in sections 893.146 and
24 893.147(1) Cb) of the Florida Statutes as such may be amended from time
25 to time.
26 (4) Penalties. A person violating subsection s. 15-66 (3) Ca) and/or (b) who has
27 received a civil citation shall pay a fine of $100.00 within ten (10) days of the
28 issuance of the citation. If the person contests the citation or fails to timely pay the
29 fine and is thereafter found to have violated 15-66 (3) Ca) and/or Cb) by a court of
30 competent jurisdiction or a Special Master, the violator may be ordered to pay a
31 fine, not to exceed $500, and, if the rmding is by a court of competent jurisdiction
32 the violator may also be sentenced to a definite term of imprisonment, not to
33 exceed 60 Ir~llt
34 (5) Enforcement. The South Miami Police Department shall have the primary
35 responsibility for enforcement of this section but other law enforcement agencies
36 are not precluded, if authorized by general law, from any action to assure
37 compliance with this section and all applicable laws. If a law enforcement officer
38 finds a violation of (3) Ca) and/or Cb), the officer is hereby authorized to issue a
39 citation in compliance with Section 2-4.9 or Section 2-25.
40 (6) Rights of violators:
41 (a) A person who has been served with a citation for a violation of this section
42 must elect to either:
43 1. pay the civil fine in the marmer indicated on the citation within ten
44 (10) days of the issuance of the citation; or
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1 ii. request a hearing to adjudicate the citation, which must be
2 requested within ten (] 0) days of the issuance of the citation.
3 (b) The failure to timely request a hearing to adjudicate the citation is
4 jurisdictional and shall constitute an admission of the violation and a
5 waiver of the violator's right to a hearing to contest the violation.
6 (c) A person who fails to appear at the hearing to contest the citation, shall be
7 deemed to have waived the right to contest the citation and in such case a
8 judgment may be entered against the person for the maximum penalty.
9 (d) The Special Master shall not have discretion to alter the penalties
10 prescribed by this Section.
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12 Section 4. Codification. The significant provisions of this ordinance shall become and
13 be made part of the Code of Ordinances of the City of South Miami as amended; that the sections
14 of this ordinance may be renumbered or re-lettered to accomplish such intention; and that the
15 word "ordinance" may be changed to "section" or other appropriate word.
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17 Section 5. Severability. If any section, clause, sentence, or phrase of this ordinance is
18 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
19 shall not affect the validity of the remaining portions of this ordinance.
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21 Section 6. Ordinances in Conflict. All ordinances or parts of ordinances and all
22 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
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24 Section 7. Effective Date. This ordinance shall become effective upon enactment.
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PASSED AND ENACTED this __ day of _____ , 2015.
ATTEST:
CITY CLERK
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
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APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh: