ORDINANCE 746ORDINANCE NO. 3-72-746
AN ORDINANCE AMENDING THE CODE OF ORDINANCES,
CITY OF SOUTH MIAMI BY ADDING A NEW CHAPTER 14A,
ENTITLED "CITAT,IONS (NOTICE TO APPEAR) FOR,
VIOLATIONS OF ORDINANCES" AND NEW SECTIONS THERE-
UNDER OF SAID CODE BY ADDING ANEW SECTION 14A-1
ENTITLED "CITATIONS (NOTICE TO APPEAR) FOR VIOLATIONS
OF ORDINANCES° FOR THE PURPOSE OF AUTHORIZING CITY
OF SOUTH MIAMI POLICE OFFICERS TO ISSUE A CITATION
(NOTICE ('NOTICE TO APPEAR,) TO ANY PERSON WHO IS ARRESTED
FOR A VIOLATION OF ANY SECTION OF THE CODE OF
ORDINANCES OF THE CITY OF SOUTH MIAMI PROVIDING
FOR THE RELEASE OF THE ARRESTED PERSON ON HIS
WRITTEN PROMISE TO APPEAR; BY ADDING A NEW SECTION
14A-2, ENTITLED "FAILURE TO APPEAR AS OFFENSE BY
ADDING A NEW SECTION 14A-3, ENTITLED "ISSUANCE OF
WARRANT", BY ADDING A NEW SECTION 14A-5, ENTITLED
"FORMS FOR CITATIONS, ISSUANCE TO POLICE, REPORT
OF DISPOSITION"; REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH: CONTAINING A
SEVERABILITY CLAUSE: EXPRESSING INTENT THAT SAME BE
INCLUDED IN CODE OF ORDINANCES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, it is the desire of the Mayor and City Council
to provide police officers of the City of South Miami every
available tool for effective law enforcement; and
WHEREAS, recent developments in the law call for continuous
review of the various provisions of the City code available to
Police officers in the performance of their duties; and
WHEREAS, police man hours will be saved and jail: costs
will be reduee&
NOW, TIEREFORr, BE IT ORDAINED HY THE MAYOR AND CITY
COUNCIL Or THE CIS Or SOUTH MIAMI, FLORIDA:
tftln-1 . A new Chapter 14A entitled "Citations
Mbbied to Appear) for Violations of Ordinannda" with new
gdb-deftidtm tht4reunder, in hereby Created to read eg .f0llowgz
(A)Sec. 14A-1 Citations(Notice to Appear For
Violations of ordinances
(a)` When a person is arrested by a City of
South Miami police officer for a violation
of any section of the. Code of ordinances of
the City of South Miami, the arresting officer
or his superior, or the officer in charge of
booking or his superior, may determine, that
the violator be issued a citation, that is
a written notice to appear in court, and that
the arrested person shall be released from
custody upon his written promise to appear
in court.
(b) Upon the determination that an arrested
person be issued a citation, such officer
or superior shall prepare, in at least
triplicate, a written notice to appear in
court containing the name and address of such
arrested person, the offense charged and the
time such arrested person shall appear in the
City of South Miami Municipal Court.
(c) The determination for the issuance of a
citation to an arrested person shall be based
upon an investigation into the. background of
the arrested person, including but not limited
to the person's name, address, length of resi-
dence within Dade County, marital and family
status, employment, length of employment,
prior arrest record, the nature of the offense,
the person's physical and medical condition,
the likelihood of the continuance of the
offense, the likelihood that persons or
property would be endangered by the arrested
person, the reasonable likelihood that the
arrested person will fail to appear in court,
and other such appropriate facts which would
be relevant to a release pursuant to the pro-
visions of this chapter.
(d) Unless waived by the arrested person in
writing, the time specified in the Citation
(Notice to Appear) must be at leastfive(S)
rays after the arrest,.
(e) The offleer shall del wr one copy of the
Notice to Appear to the arrested person, and.
the arreated person, in order to secure release,
ecst give his written prise so to appear is
court by gilh .ng the doplicatte notice "ich
shall retajn@d by the of je@r. T%ereupon,
the ar ati offie@r shall fortimithfelease
the parson artegk@d fr&S coat6ly.
(B) Seca 14A-2, Failure to Appear as Offense.
Any person who gives his written promise to
appear under the provisions of this ordinance
must appear in the Municipal Court of the City
of South Miami at the time and date specified
in the Citation(Notice to Appear). Any person
who willfully violates his written promise to
appear in court is guilty of a violation of
this ordinance regardless of the disposition
of the charge upon which he was originally
arrested.
('C) Sec. 14A-3, Issuance of Warrant.
When a person signs a -written promise to appear
at the time and place specified in the Citation
and does not appear, a warrant shall be issued
for the arrest of such person both on the original
offense and on the offense of .failure to srr�ar
as promised.
(D) Sec. 14A-4, Penalty.
Every person found guilty of violating`Sec.14A-2
herein shall be punished as provided in Section 1-8
of Code of ordinances, City of South Miami.
(E) Sec. 14A-5, Forms for Citations; issuance to
Police; Report of Disposition.
(a) The Municipal Court Clerk shall provide, in
,at least triplicate, suitable serially numbered
Citations(Notice to Appear) forms for charging
violators of any Sections of the Code of the.
City of South Miami.
(b) The Municipal Court Clerk shall ,report each
month to the Municipal Nudges, Chief of police,
and the City Manager, the disposition of all.
Citations issued, and to include in his report
the number of violators who did not appear .in
court as promised. These reports shall he
public records.
eo r fit_ . All ordinances, or parts of ordinances,
In conflict'herewIth# are to the extent of such conflict heresy
repealed.
*Act. If aasy ddetidn, s@astende Claft9e# phrdsd.
or ward of this 6tdiftaftc4 ig tot arty rcagnn held or daela-tcd to
��m
validity shall not .affect the remaining portions of this
ordinance and it shall be construed to have been the intent
of the commission of the. City of ;South Miami to pass this
ordinance without such unconstitutional, invalid, or inoperative
part therein; and the remainder of this ordinance, after the
inclusion of such part or parts shall be deemed and held to
be valid as if such parts had not been included therein.
Section 4. That any person, persons, firm, partnership
or corporation violating the provisions of Section 14A-2 hereof
shall, upon conviction, be punished by a fine not to exceed
$500.00, or by imprisonment not to exceed six months, or by
both such fine and imprisonment in the discretion of the
Municipal Judge.
Section 5. Effective date. This ordinance shall
become effective February 1, 1972.
'Section 6. This ordinance shall be included in the
Code of ordinances, City of South Miami, Florida, and may be
renumbered or retitled as may be required.
CitV
PASSED and ADOPTED this 18 day of January, 1972.
APPROVED:
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