11-06-08 Item 181
2
3
4 ORDINANCE NO.:
5
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.
16
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,
BE
Additions shown by underlining and deletions shown by ovefstfiking.
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/S
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."
5 NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION
6 OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:
7
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:
11 *
12 Sec. 15 -3 mod. 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.
Additions shown by underlining and deletions shown by eveF46kifig.
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Section 3. If any section, clause, sentence, or please 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
1St Reading —
2nd Reading —
READ AND APPROVED AS TO FORM:
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:
Additions shown by underlining and deletions shown by even ff
Page 3 of 3
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
V. PEREZ, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI - NOTICE OF PUBLIC HEARING
NOVEMBER 6, 2008
in the XXXX Court,
was published in said newspaper in the issues of
10/24/2008
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this advertisement for publication in the said
newspaper.
Sworn to and subscribed before a this
24 day of OCTOBER , A.D. 2008
(SEAL)
V. PEREZ personally known to me a
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CITY OF SOUTH' MIAMI
NOTICE OF PUBLIC HEARING
i NOTICE IS HEREBY given that the City,Commission of the City of South
tMiami, rFlorida will , conduct' Public 'Hearings= at'' its regular City
Commission meeting ,scheduled for Thursday, November 6, 2008
beginiiing at 7:30'p.m. in-the City Commission Chambers, 6130 Sunset
Drive, fo consider the following items: '
AN ORDINANCE OFJHE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING THE CODE OF ORDINANCES BY PROHIBITING
NARCOTICS RELATED LOITERING; ,'PROVIDING -FOR
ENFORCEMENT OF INFRACTIONS;- AND-FOR',RELATED
PROCEDIJRES•AND PROVISIONS; AMENDING CHAPTER 15
OF_THE CODE OF ORDINANCES ^ENTITLED 'OFFENSES j
AND MIS CELLANEOUS,:;PROVISIONS; ' - TO INCLUDE
SE6TION'15 -3 'ENTITLED "NARCOTIC RELATED LOIT ER-
s
ING;' PROVIDING FOR SEVERABILITY;' PROVIDING FOR
'INCLUSION IN THE COVE; PROVIDING FOR AN EFFECTIVE `
DATE..
AN ORDINANCE,OF THE MAYOR 'AND CITy.COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA; AMENDING THE
CITY CODE OF ORDINANCES - BY •_ CREATING THE
"'DANGEROUS'-INTERSECTION SAFETY' 'REGULATIONS,
,.PROVIDING FOR RECORDED-IMAGE MONITORING ',AND'
ENFORCEMENT` OF RED LIGHT INFRACTIONS, AND FOR
RELATED PROCEDURES AND 'PROVISIONS; ` AMENDING i
CHAPTERA5 OF,THE CODE OF ORDINANCES ENTITLED
"OFFENSES- AND: MISCELLANEOUS PROVISIONS, TO
FACILITATE USE OF CODE ENFORCEMENT- MECHANISM .
FOR DANGEROUS INTERSECTION SAFETY;•AND:AMEND-
ING CHAPTER -2 SECTION 2 -25(L) ENTITLED' "SCHEDULE
OF FINES "; PROVIDING FOR SEVERABIL'ITY; PROVIDING,
FOR INCLUSION IN THE CODE; ORDINANCES IN CONFLICT;
AND PROVIDING FOR AN EFFECTIVE DATE.- n
AN ORDINANCE OF THE MAYOR AND CITY WMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
SMALL RESTAURANTS BY- AMENDING` -LANDI DEVELOP-
MENT CODE SECTION 20 -2.3 IN ORDER -TO REMOVE THE
DEFINITION OF SMALL RESTAURANT; AMENDING THE
PERMITTED USE SCHEDULE' `SECTION • 20- 3.3(D) TO
REMOVE SMAWAESTAURANTAS A SPECIAL USE.IN ALL .
ZONING 'DISTRICT& "AMENDING SPECIAL USE - CONDI-
TIONS SECTION 20- 3.4(B).r.IN "ORDER,` TO REMOVE
SUB - SECTION (19) - ENTITLED SMALL''' RESTAURANT:
PROVIDING FOR- SEVERABILITY; PROVIDING• FOR-
ORDINANCES IN CONFLICT; 'AND PROVI DING 'AN EFFEC-
" TIVE DATE.
If y0' 6 have any inquiries on the above items please. contact the City
Clerks office at- 305- 663 -6340
ALL interested parties are invited to•afiend and will be heard
Y, + Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the. City hereby advises the
public that if a person decides to appeal any decision made by this
Board, Agency or Commission: with respect to any matter considered at
its.meeting or hearing, he or'she will need a record of the proceedings,
and that.for such purpose, affected person may need to ensure that.a
verbatim record of the proceedings is made which record includes the
testimony and evidence upo which the appeal is to be based.
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CITY OF SOUTH MIAMI
NOTICE TO THE PUBLIC
ALL INTERESTED PARTIES PLEASE TAKE NOTICE
THAT the City Commission meeting scheduled for
Tuesday, November 4, 2008 has been rescheduled for
Thursday, November 6, 2008 beginning at 7:30 p.m.,
in the City Commission Chambers, 6130 Sunset Drive,
South Miami, Florida.
For further information please contact the City Clerk's
office at 305- 663 -6340.
Maria M. Menendez, CIVIC
City Clerk
City of South Miami
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City Commission of the City of Sam Miami,
Florida will conduct Public Hearings at its regular City Commission meeting
scheduled for Thursday, November 6, 2008 beginning at 7:30 p.m. in the City
Commission Chambers, 6130 Sunset Drive, to consider the following items:
AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY PROHIBMNG
-
NARCOTIC'S RELATED LOITERING; PROVIDING FOR ENFORCEMENT OF
INFRACTIONS, AND FOR RELATED PROCEDURES AND PROVISIONS;
AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES ENTTTL.ED
"OFFENSES AND MISCELLANEOUS PROVISIONS;" TO INCLUDE SECTION
15 3, ENTITLED "NARCOTIC RELATED LOITERING; ".
AN ORDINANCEAMENDING THE CITY CODE OF ORDINANCES By CREATING
THE "DANGEROUS INTERSECTION SAFETY" REGULATIONS, PROVIDING
FOR RECORDED IMAGE MONITORING AND ENFORCEMENT OF RED LIGHT
INFRACTIONS, AND FOR RELATED PROCEDURES AND PROVISIONS;
AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES ENTITLED
"OFFENSES AND MISCELLANEOUS PROVISIONS, TO FACILITATE USE OF
CODE ENFORCEMENT MECHANISM FOR DANGEROUS INTERSECTION
SAFETY; AND AMENDING CHAPTER 2 SECTION 2 -25(L) ENTITLED
"SCHEDULE OF FINES ".
AN ORDINANCE RELATING TO SMALL RESTAURANTS BY AMENDING
LAND DEVELOPMENT CODE SECTION 20-2.3 IN ORDER TO REMOVE
THE DEFINITION OF SMALL RESTAURANT; AMENDING THE PERMITTED
USE SCHEDULE SECTION 20- 3.3(D) TO REMOVE SMALL RESTAURANT
AS A SPECIAL USE IN ALL ZONING DISTRICTS; AMENDING SPECIAL USE
CONDITIONS SECTION 2D- 3.4(B) IN ORDER TO REMOVE SUB - SECTION
(19) ENTITLED SMALL RESTAURANT.
R you have any Inquiries on the above Items please contact the City
Clerk's office at 305 - 663 -6340
ALL Interested parties are invited to attend and will be heard.
Maria M. Menendez, CIVIC
City Clerk
Pms 11v %,Wa Me 28eD1e5, dx ab' hpeby adobes em oak tl a a persm decks to appeal
M Oeasbn made M this eparA Ayenq ar W .iw windrcpW to ap, madrr a Jdered al asm 1J,
a Manny. M a she MI need a record d - Rwaaad'nps. n that lar h pupate. 0,xtm; a may
1 b ensue eol. aelbahn record d dm paceedYips b made.mkai r, J J . We tlee tesamap and
eNderxe Wda tNwN die appeal is to be bsse0.
EDUCATION
*SCHOOLS, FROM 24
' Friday of every month. Slices
are $1.
Pinecrest Academy: 15130 SW
1 80th, Miami. 305- 386 -0800.
• Fall Harvest Carnival: You can
buy an unlimited rides bracelet
i for $30 at the Carnival. In addi-
tion, there will be a live DJ, fun
games, carnival booths and
great food; 11 a.m, to 5 p.m. Sat-
; urday;.
` Princeton Christian Academy:
Accepts applications for the
2008 -2009 school year. Before-
( and after - school -care programs
I available. Accredited by the
Florida Association of Christian
Colleges and Schools (FACCS),
the Southern Association of
{ Colleges and Schools (SACS)
i and the Commission on Intern-
! tionaI and Trans - regional
1 Accreditation (CITA). Offers
sports, computer lab and other
! electives; 24795 SW 134th Ave.,
4 Princeton. 305- 257 -3644 or
I princetonchristian.org.
Pro -Kids Learning Center:
1 Accepts applications for enroll-
ment for children between the
ages of 3 months and 5 years.
I The program is structured by
the A Beka curriculum. Also
offers after- school care for
school -age children and
( accepts Voluntary Pre -K (VPK)
and Child Development Ser-
vices programs; 2050 NE Eighth
St., Homestead. 305- 246 -5437.
{ Rainbow Christian Academy:
Open enrollment. Open House
tours are at 9 a.m. every Tues-
day morning or by request.
Offers academics, sports and
music; 22940 Old Dixie Hwy.,
Goulds. 305- 258 -0194.
Sacred Heart Catholic School:
Open enrollment for pre -k
through eighth grade; 300 SE
First Dr., Homestead.
305- 247 -2678.
School for Advanced Studies
North: Eleventh and 12th grade
public senior high school
offered on the Kendall, North
and Wolfson campuses of Miami
Dade College. Students can take
high school and college -level
courses:
• Miami Dade College Kendall
Campus, 1101 SW 104th St.
room T -706, Kendall. ,
305- 237 -0510.
• Miami Dade College Home-
stead Campus, 500 College Ter.,
Homestead. 305.237 -0510.
• Miami Dade College North
Dade Campus: 11380 NW 27th
Ave., Ste. 1111, North Miami.
.
05- 237 -1089.
Miami Dade College Wolfson
Campus, 25 NE Second St.,
Miami. 305- 237 -7270.
Smart Start Early Childhood
Enrichment Center: Open
enrollment for children 5 and
under. Open 6:30 a.m. -6 p.m.,
47 NW 16th St., Homestead.
305- 246 -0909.
Smart Starts Day School: Offers
yearlong, bilingual preschool for
kids up to age S. Features certi-
fied teachers, Spanish classes, A
Beka curriculum, computer
access, before and after - school
programs and Internet cameras,
accessible from anywhere, for
parents to watch their kids in
class. Ongoing registration, lim-
ited enrollment, school visits
available, free Voluntary Pre -K
(VPK) for 4- year -olds accepted.
Locations include 8445 Sunset
Dr., Kendall; 9025 Sunset Dr.,
Kendall; 1101 SW 12th Ave.,
Miami; and 7450 W. Fourth
Ave., Hialeah. 305- 596.3363 or
s ma rtsta rtsdayschool. co m.
Somerset Academy Charter
School: Accepting applications
for the 2008 -2009 school year.
Offers low student -to- teacher
ratio, full -time teacher assis-
tants, FCAT tutoring, before -
and after - school care programs
and multiage learning environ-
ment; 18491 SW 134th Ave.,
South Miami - Dade.
305- 969 -6074.
Southwood Middle School's
Visual and Performing Arts
Magnet Program: offers tours
every Monday by appointment
only. Call 305- 251 -5361 ext.
2209 to schedule a tour;
through Jan. 5; 16301 SW 80th
Ave., Southwest Miami -Dade.
305 -251 -5361.
St. Matthew's Cooperative
School: Accepting registration
for the 2008 -2009 school year.
Co -op program with a certified
teacher and parental participa-
tion in the educational program.
Designed for kids 3 -5 years old.
Small classroom environment.
Enrolling for Voluntary Pre -K
program (VPK); 7410 Sunset Dr.,
South Miami. 305- 661 -1287.
St. Paul Lutheran School: Open
enrollment for pre -K through
eighth grade. Offering a phonics
based reading curriculum for
preschool and elementary stu-
dents and an integrated student
centered curriculum for middle
school. Extra curricular actM-
ties include sports, karate, gym-
nastics and French; 10700 SW
56th St., South Miami.
305- 271 -3109 or www.stpaul-
lutheranschool.org.
St. Philip's Episcopal Church:
1142 Coral Way, Coral Gables.
305- 444 -6176.
• Admission Open Houses are
on Dec. 3 and Jan. 14. All ses-
sions will be at 10 a.m. The aca-
demic program at the school is
commited to character devel-
opment for nursery through
sixth grade students.
E.W.F. Stirrup Elementary:
Accepts application for the
math - science - aerospace mag-
net program for the 2008 -2009
school year. Students should be
entering fourth or fifth grade;
330 NW 97th Ave., Sweetwater.
305- 226 -7001.