15IS
1 ORDINANCE NO. _____ _
2
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
8
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
11
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
16
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 subject that person to arrest or criminal prosecution; and
20
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
24
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.
33
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
37
38 WHEREAS, a similar plan has support from the Miami-Dade Police Department.
39
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
42
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.
45
Page 1 of3
1 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
2 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
3
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:
6
7
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
11 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 misdemeanor(s) are eligible to
15 receive a civil violation notice and are subj ect to the fine 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 defmed 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) of the 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) (b) 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) (a) 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) (a) and/or (b) by a court of
30 competent jurisdiction, the violator may be ordered to pay a fine not to exceed
31 $500, and the violator may also be sentenced to a definite term of imprisonment,
32 not to exceed 60 days. or if the finding is by a Special Master, the violator may be
33 ordered to pay a fine not to exceed $5,000.
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) (a) and/or (b), 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 shall pay the civil fine in the marmer indicated on the citation within ten
43 (10) days of the issuance of the citation. The failure to pay the fine within
44 ten (10) days shall be treated as a denial of the charge and, at the option of
45 the law enforcement officer who issued the citation, as a criminal matter to
Page2of3
1 be adjudicated by the County Court or as a civil matter to be enforced by a
2 Special Master.
3 (b) A person who fails to appear at the hearing to contest the citation, shall be
4 deemed to have waived the right to contest the citation and in such case a
5 judgment may be entered against the person for the maximum penalty.
6 (c) If the citation is to be enforced by a Special Master, the Special Master
7 shall not have discretion to alter the initial penalty prescribed by this
8 Section but may increase the penalty to the maximum authorized by law.
9
10
11 Section 4. Codification. The significant provisions of this ordinance shall become and
12 be made part of the Code of Ordinances of the City of South Miami as amended; that the sections
13 of this ordinance may be renumbered or re-Iettered to accomplish such intention; and that the
14 word "ordinance" may be changed to "section" or other appropriate word.
15
16 Section 5. Severability. If any section, clause, sentence, or phrase of this ordinance is
17 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
18 shall not affect the validity of the remaining portions of this ordinance.
19
20 Section 6. Ordinances in Conflict. All ordinances or parts of ordinances and all
21 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
22
23 Section 7. Effective Date. This ordinance shall become effective upon enactment.
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PASSED AND ENACTED this __ day of _____ , 2016.
ATTEST:
CITY CLERK
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
Page30f3
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Harris:
Commissioner Liebman:
Commissioner Edmond:
SUNDAY MAY 8 2016
MIAMIHERALD.COM
FROM PAGE 22SE
CALENDAR
nent Art Collection contam oyer Dade Heritage Trust 190 SE 12th
1.700 works in all mediums and Terrace, Miami,
genres, including painting, sculp-
ture, works on paper, photog-
raphy, YideCl, film, installation and
public sculpture. "Recent Acquisi-
tions + Highlights" will be the
Museum's first long formal
installation containing selections
from the College's vast collec-
tion.-May 8-May 1112 p.m.-5 p,m.
Free Miami Dade College -Mu·
seum of Art + Design 600 Bis-
cayne Blyd., Miami.
Monday, May 9
At'tifilct: Mid-Century & Con-
temporary Design On the occa-
sion of Maison & Objet Americas,
May 10-1], Gauchet Fine Art-
preserltli "Artifact," a Yiyld display
combining French mid·cerltury
design furniture together with
contemporary works by prollfic
French artists Patrice Breteau,
Oliyier Dassau!t and Alain Bellino,
The vignette showcase will
feature an elegant interior design
palrillg of mid-century modern
lighting and cOrlsole, comple-
merlted by mid to large-scale
sculptors and paintings through
out the first level showroom, The
mairl centerpiece will be the TWin
Bird sculptors by Patrice Betreau,
whose 3-dlmensiona! monu-
mental works go beyond geo-
metric art to create new rules
where light predominates and
chromatic variations, lines and
shapes come together to reach a
p,erfect harmony -ultimately
transforming arld irradiatirlg any
type of landscape or arChitectural
space, May 9 -May 11 Free Gau-
chet Fine Art 7636 NE 11th CL
Miami.
Inside/OUT: Art as Healing
Therapy Members of more than
a dozen nOrl'proflt organizations
as well as local artists collaborate
to celebrate the important role
art plays inlhe healing proCI!Ss.
May 9 -May 11 9 a,m.-B p.m, Free
ArtServe 1350 E. Sunrise Blvd.,
Fort Lauderdale.
Lemon City/Lln'e Haiti Elchibit
This colorful exhibit explores the
history of Lemon City -Little
Haiti
Visit the Dade Heritage Trust
headquarters to enjoy this exhib-
ii, arld learn more about this pMt
of Miami and its colorful history.
May 9 -May 11 9 a.m,-S p.m. Free
You Too Can Learn Charisma at
NAWBO's May 9 Signature
Dinner The National Associaflon
of Women Business Owners, in
partnership with the Organiza-
tion of Women in International
Trade and the Women's Chamber
of Commerce, present block-
buster keynoter Ruth Sherman
for its May 9th Signature Dinner
--a series of intimate and inter-
active conversations about
women's leadership and person-
al/professional development.
Sherman, who will have her latest
book on-hand for pure.hase,
SPEAKRETS The 30 Besl, Most
Effective, Most Overlooked
Marketing And Personal Brarlding
Essentials (Norsemen Press, June
15,2015), will offer unforgettable
anecdotes and insights on how to
have a greater impact when
communicating publicly or
privately, tips on boosting your
charisma and how to enter any
room, and command itl May 9 6
p.m, $110-$65 www,nawbomla-
ml.org/conterll.aspx?page)d
=2Z&club Jd=-454461&mod-
ule)d=185954 Seasons 52 321
Miracle Mile, Coral Gables.
Tuesday, May 10
The Behavioral Health Confe,..
ente: Building Healthier Com-
munities United Way of Broward
County Commission on Sub-
stance Abuse, in collaboration
with Broward Behavioral Health
Coalition & Broward County
Governmerlt will present "The
Behavioral Health Conference'.
Building Healthier Communities:
a two-day conference promoting
community awareness and sup-
port of behavioral health arld
substance abuse prevention.
Featuring two full days of break-
out sessiOIlS and speakers, the
conference will provide a forum
where participants carl learn,
inform, network and discuss
issues related to research, policy
and practice; eKparld profession-
al knowledge; provide Quality
conflnulng education to behav·
iora! health prolessionals; and
promote communlly awarerleS5
of behavioral health and sub-
stance abuse prevention, Darryl
Strawberry, former Major League
Baseball All-Star and World
Series Champion, best-selllrlg
NEIGHBORS I 27SE
author and the Co-Founder of
the Darryl Strawberry Recoyery
Center and Strawberry MinIstries,
will provide the Keynote Address
during a Luncheon on May 10th.
Business attire is required. 5/10-
Mav 11 7:45 a.m.-4 p.m. $50
Sigrlature Grand 6900 Stilte Rd.
84, Davie.
Jewish National Fund Hosts:
Ethics in the Field: An Inside
Look at the Israel Defense
ForcesA Join Jewish National
Fund (JNFHor a special everlt on
Ethics in the Field: An Inside
Look at the Israel Defense Forces
featurIng guest speaker Colonel
Bentzi Gruber, Col. Bentzi Gruber
is Vice Commander (reserves) of
Diylslon 252, an armored dlyis!on
of 20,000 soldiers. He is founder
of Chesed In The Field, a non-
profit that brings together !DF
reservists and chronically III and
disabled children for special
events througt\out the year,
instU!lng the values of communi-
ty and social resporlsibillty in the
hearts of thousands of soldiers,
Please RSVP to RSVPMia-
mi@Jnf,orgbyMay 6, 2016. May
107 p.m, Free M!ami Beach
JeWish Commuility Center 4221
Pine Tree Or_, Miami Beach,
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTI(',.E IS HEREBY g;'''11 tll.lihc CUy CommisKlnn orlhe Gily (lfSOUlh Miami. 1'1urid. will c(lndw:t hibli" He",iugIS)
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A Rcsolulwll appr'lVinc ~ reqll,,"1 for an "~t"mi"n of limo Ibr i.mmnc~ "r pmnils lor a Speui.1 U,e 0", WJ.
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(
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AU, inlo",sred l'3fli~s are inviled \n ~u"JI[I ~nd will bB h~""l
I'lLr rUrlhc'I"infimmt(;nn, FleD~" "ILn~( Ihe City C1clk'~ Olliee al: 30~..(,~_;-~_~4n,
Maria M.Mcllfllde«, (;MC
CltyClerk
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OJ>"n "'M'O II>< "Pp •• 1 '" W ho h .. ,d.
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incorporate "tretching and turning into a "equence
of movements that Improve the health of toody, mind,
and 6pirlt. They reduoe ten6ion, improve olrculation and
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New Beginner Class Start
Thur"day, May 19,6:00 -7:30 p.m.
Tuesday, June 7, 6:30 -B:OO p.m.
Saturday, June 11, 9:30 -11:00 a.m.
Taoist Tai Chi Society of the USA
A CHARITABLE ORGANIZATION