10-21-08 Item 121
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4 ORDINANCE NO.:
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6 AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
7 AMENDING THE CODE OF ORDINANCES BY PROHIBITING
8 NARCOTICS RELATED LOITERING; PROVIDING FOR
9 ENFORCEMENT OF INFRACTIONS, AND FOR RELATED
10 PROCEDURES AND PROVISIONS; AMENDING CHAPTER 15 OF THE
11 CODE OF ORDINANCES ENTITLED "OFFENSES AND
12 MISCELLANEOUS PROVISIONS;" TO INCLUDE SECTION 15 -3,
13 ENTITLED "NARCOTIC RELATED LOITERING;" PROVIDING FOR
14 SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
15 PROVIDING FOR AN EFFECTIVE DATE.
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17 WHEREAS, the City of South Miami, like other cities across the nation, faces high rates _
18 of violent crimes and of drug offenses; and,
19 WHEREAS, the City also. has an interest in discouraging all persons from loitering in
20 public places; and,
21 WHEREAS, the use of public places to facilitate trafficking in narcotics and controlled
22 substances has become an increasing problem in certain areas of the City; and,
23 WHEREAS, aggressive action is necessary to preserve the City's streets and other public
24 places so that the public may use such places without fear; and,
25 WHEREAS, persons frequently loiter in public places in the course of creating violence
26 including engaging in trafficking in narcotics and controlled substances; and,
27 WHEREAS, when police officers observe individuals engaging in loitering and other
28 suspicious activity they are often unable to make an arrest, even though the persons engaged in
29 that behavior will resume violent behavior and trafficking in narcotics and controlled substances
30 as soon as the police depart; and,
31 WHEREAS, loitering by individuals in areas where loitering is frequently associated with
32 violence and trafficking in narcotics and controlled substances intimidates law- abiding citizens,
33 diminishes the value of nearby property and has the potential to destabilize communities and
34 attract additional violence; and,
35 WHEREAS, current laws are inadequate to deal with problems posed by gang loitering
36 and loitering as a means to create a violent atmosphere and to facilitate trafficking in narcotics
37 and controlled substances, principally because conventional laws generally depend upon the
38 willingness of civilians to testify against drug dealers, and many civilians are understandably
39 reluctant to put themselves in harm's way by providing such testimony; and,
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I WHEREAS, the Mayor and City Commission desire to amend chapter 15 of the City's
2 Code of Ordinances entitled "Offenses and Miscellaneous Provisions" to include a new section
3 15 -3, entitled "Narcotic Related Loitering."
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5 NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION
6 OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:
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8 Section 1. Chapter 15, relating to "Offenses and Miscellaneous Provisions," at section
9 15 -3 relating to Narcotics Related Loitering, of the City of South Miami Code is amended to
10 read as follows:
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12 Sec. 15 -3 Reserved. Narcotic - Related Loitering.
13 (a) Whenever a police officer observes one or more persons engaged in narcotics - related
14 loitering in any public place, the police officer shall: (i) inform all such persons that they are
15 engaged in loitering within an area in which such loitering is prohibited; (ii) order all such
16 persons to disperse--and remove themselves from within sight and hearing of the place at which
17 the order was issued; and (iii) inform all those persons that they will be subject to arrest if they
18 fail to obey the order promptly or engage in further narcotics- related loitering within sight or
19 hearing of the place at which the order was issued during the next three (3) hours.
20 (b) As used in this Section:
21 (1) "Narcotics- related loitering" means remaining in one place under circumstances that
22 would warrant a reasonable person to believe that the purpose or effect of that behavior is to
23 facilitate the distribution of substances in violation of the Controlled Substance Act.
24 (2) "Public place" means the public way and any other location ) open to the public,
25 whether publicly or privately owned.
26 (c) The Chief of Police, or his designee, shall by written directive promulgate procedures
27 to prevent the enforcement of this Section against persons who are engaged in activities that are
28 protected by the Constitution of the United States and /or the State of Florida.
29 (d) Any person who fails to obey promptly an order issued under subsection (a), or who
30 engages in further narcotics - related loitering within sight or hearing of the place at which such an
31 order was issued during the three (3) hour period following the time the order was issued, is
32 subject to a fine of not less than $100 and not more than $500 for each offense, or imprisonment
33 for not more than six months for each offense, or both. A second or subsequent offender shall be
34 punishable by a mandatory minimum sentence of not less than five (5) days imprisonment.
35 In addition to or instead of the above penalties, any person who violates this section may
36 be required to perform up to 120 hours of community service.
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Section 3. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this ordinance.
Section 4. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are repealed.
Section 5. This ordinance shall be codified and included in the Code of Ordinances.
Section 6. This ordinance shall take effect immediately upon enactment.
PASSED and ADOPTED on second reading this day of , 2008.
ATTEST: APPROVED:
CITY CLERK MAYOR
1 st Reading —
2"d Reading —
Luis R. Figueredo,
Nagin Gallop Figueredo, P.A.
Office of City Attorney
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Palmer:
Commissioner Beckman:
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