Loading...
_add-on a)Add-On Item a) Sponsored by: Commissioner Harris City Commission Meeting: 5-03-16 Page 1 of 4 ORDINANCE NO. _________________ 1 2 An Ordinance amending Chapter 15 of the City of South Miami’s Code of 3 Ordinances, Article I, Section 15-66, titled “state misdemeanors” and to 4 authorize the issuance of a civil citation in lieu of arrest for certain 5 misdemeanors, establishing enforcement, penalties and procedures relating 6 thereto 7 8 WHEREAS, the City of South Miami has been vested with home rule power to enact 9 ordinances that do not conflict with state law; and 10 11 WHEREAS, the City of South Miami (“City”) has previously enacted Section 15-66, 12 which makes it unlawful to commit any act which is or shall be recognized by the laws of the State of 13 Florida as a misdemeanor when such act is committed within the jurisdictional boundaries of the City,; 14 and 15 16 WHEREAS, several states and localities have modified their drug laws to create civil 17 violations for possession of de minimis amounts of marijuana, which is enforceable by a 18 monetary fine and does not subject that person to arrest or criminal prosecution; and 19 20 WHEREAS, this proposed ordinance will provide the City’s police department with an 21 alternative to arrest for certain misdemeanors and it will create additional mechanism under the 22 City's Code to enforce these violations; and 23 24 WHEREAS, the Mayor and City Commission have an interest in enacting monetary civil 25 penalties for certain misdemeanor violations and such civil penalties will act as an additional 26 deterrent to such violations when encountered by the officers of the South Miami Police 27 Department; and 28 29 WHEREAS, the South Miami Police Department should have the discretion to issue a 30 civil citation pursuant to this ordinance, or arrest or not arrest a person for the commission of a 31 misdemeanor under State law. 32 33 WHEREAS, those individuals who are issued a civil citation in lieu of arrest should 34 undergo an assessment, perform community service and be required to be treated for underlying 35 causes of their crime; and 36 37 WHEREAS, a similar plan has support from the Miami-Dade Police Department. 38 39 WHEREAS, “the issuance of a civil citation is appropriate for those individuals who 40 have no record, or only a minor criminal history; and 41 42 Add-On Item a) Sponsored by: Commissioner Harris City Commission Meeting: 5-03-16 Page 2 of 4 WHEREAS, police officers should still have the authority to make an arrest or issue a 1 civil citation, depending on the crime and the circumstances. 2 3 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 4 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 5 6 Section 1. Chapter 15 of the City of South Miami’s Code of Ordinances, Section 15-66, 7 titled “state misdemeanors” is hereby amended in pertinent part to read as follows: 8 9 10 Sec. 15-66. - State misdemeanors. 11 (1) It shall be unlawful to commit within the limits of the city, any act which is or 12 shall be recognized by the laws of the State of Florida as a misdemeanor, and the 13 commission of such act is hereby forbidden. 14 (2) Whosoever shall violate the provisions of this section, upon conviction thereof, 15 shall be punished by the same penalty as is provided by the laws of the state. 16 (3) Notwithstanding subsection (2), the following misdemeanor(s) are eligible to 17 receive a civil violation notice and are subject to the fine set forth in this section, 18 at the discretion of a law enforcement officer and provided that such violations do 19 not occur in conjunction with any charge that is a felony, or that involves driving 20 under the influence, domestic violence, or a violent crime, as those terms are 21 defined under State law: 22 (a) Possession of Cannabis in an amount of 20 grams or less, as set forth in 23 section 893.13(6)(b) of the Florida Statutes, as such may be amended from 24 time to time; and/or 25 (b) Possession of Drug Paraphernalia, as set forth in sections 893.146 and 26 893.147(1) (b) of the Florida Statutes as such may be amended from time 27 to time. 28 (4) Penalties. A person violating subsection s. 15-66 (3) (a) and/or (b) who has 29 received a civil citation shall pay a fine of $100.00 within ten (10) days of the 30 issuance of the citation. If the person contests the citation or fails to timely pay the 31 fine and is thereafter found to have violated 15-66 (3) (a) and/or (b) by a court of 32 competent jurisdiction, the violator may be ordered to pay a fine not to exceed 33 $500, and the violator may also be sentenced to a definite term of imprisonment, 34 not to exceed 60 days. or if the finding is by a Special Master, the violator may be 35 ordered to pay a fine not to exceed $5,000. 36 (5) Enforcement. The South Miami Police Department shall have the primary 37 responsibility for enforcement of this section but other law enforcement agencies 38 are not precluded, if authorized by general law, from any action to assure 39 compliance with this section and all applicable laws. If a law enforcement officer 40 finds a violation of (3) (a) and/or (b), the officer is hereby authorized to issue a 41 citation in compliance with Section 2-4.9 or Section 2-25. 42 Add-On Item a) Sponsored by: Commissioner Harris City Commission Meeting: 5-03-16 Page 3 of 4 (6) Rights of violators: 1 (a) A person who has been served with a citation for a violation of this section 2 shall pay the civil fine in the manner indicated on the citation within ten 3 (10) days of the issuance of the citation. The failure to pay the fine within 4 ten (10) days shall be treated as a denial of the charge and, at the option of 5 the law enforcement officer who issued the citation, as a criminal matter to 6 be adjudicated by the County Court or as a civil matter to be enforced by a 7 Special Master. 8 (b) A person who fails to appear at the hearing to contest the citation, shall be 9 deemed to have waived the right to contest the citation and in such case a 10 judgment may be entered against the person for the maximum penalty. 11 (c) If the citation is to be enforced by a Special Master, the Special Master 12 shall not have discretion to alter the initial penalty prescribed by this 13 Section but may increase the penalty to the maximum authorized by law. 14 15 16 Section 4. Codification. The significant provisions of this ordinance shall become and 17 be made part of the Code of Ordinances of the City of South Miami as amended; that the sections 18 of this ordinance may be renumbered or re-lettered to accomplish such intention; and that the 19 word "ordinance" may be changed to "section" or other appropriate word. 20 21 Section 5. Severability. If any section, clause, sentence, or phrase of this ordinance is 22 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 23 shall not affect the validity of the remaining portions of this ordinance. 24 25 Section 6. Ordinances in Conflict. All ordinances or parts of ordinances and all 26 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. 27 28 Section 7. Effective Date. This ordinance shall become effective upon enactment. 29 30 31 PASSED AND ENACTED this ____ day of _____________, 2016. 32 33 ATTEST: APPROVED: 34 35 ________________________ ________________________ 36 CITY CLERK MAYOR 37 1st Reading 38 2nd Reading 39 40 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 41 LANGUAGE, LEGALITY AND Mayor Stoddard: 42 Add-On Item a) Sponsored by: Commissioner Harris City Commission Meeting: 5-03-16 Page 4 of 4 EXECUTION THEREOF Vice Mayor Welsh: 1 Commissioner Harris: 2 Commissioner Liebman: 3 ________________________ Commissioner Edmond: 4 CITY ATTORNEY 5