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Home My WebLink AboutO-11407J-96-1002 8/26/96 ORDINANCE NO. 11407 AN ORDINANCE AMENDING SECTION 37-59 OF THE CODE OF THE CITY OF MIAMI, AS AMENDED, THEREBY REPEALING SAID SECTION IN ITS ENTIRETY AND REPLACING IT WITH NEW SECTION 37-59 ENTITLED: "PROSTITUTION, SEXUAL ACTIVITY, ASSIGNATION, LEWDNESS; SOLICITING OR MANIFESTING AN INTENT TO SOLICIT PROSTITUTION, SEXUAL ACTIVITY, ASSIGNATION, OR LEWDNESS"; PROVIDING DEFINITIONS; PROVIDING FOR ENFORCEMENT AND PENALTIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN THE CITY CODE. WHEREAS, the City of Miami has an ongoing crime problem relating to prostitution which has not been resolved using the current laws and statutory provisions available to law enforcement; and WHEREAS, the City of St. Petersburg, Florida, has enacted a Prostitution Ordinance allowing for novel enforcement efforts without a constitutional challenge; and WHEREAS, the City of Miami is in desperate need of ridding the public streets of known prostitutes and prostitution activity; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: .1140'7 Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Section 37-59 of the Code of the City of Miami, Florida, as amended, is hereby repealed in its entirety and replaced by a new Section 37-59 as follows:'-/ "Sec. 37-59. Prostitution, Sexual Activity, Assignation, Lewdness; Soliciting or Manifesting an Intent to Solicit Prostitution, Sexual Activity, Assignation, or Lewdness." (A) This section may be referred to as the Prostitution Ordinance. Nothing herein shall be construed as prohibiting mere loitering in any public place. (B) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: (1) Prostitution shall have the meaning as set forth in F.S. Section 796.07(1), as the same may be amended from time to time. (2) Within public view means within areas generally accessible by or visible to the public, including streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, unenclosed automobiles (whether moving or not), doorways and entrances to buildings or dwellings and the grounds surrounding them and buildings open to the general public, including those which serve food or drink or provide entertainment. The interior enclosed portion of a structure not open to the general public shall not be considered "within public view". (3) Sexual activity shall have the meaning as set forth in F.S., Section 796.070 ), as the same may be amended from time to time, and shall also include any act of lewdness or assignation as those terms are defined herein. 1/ Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. the remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. 2 11407 (4) Assignation means to make any appointment or engagement for prostitution or lewdness or any act in furtherance of such appointment or obscene act. (5) Lewdness means to give or receive the body for hire for an indecent or obscene act. (6) Solicit means inducing, asking, enticing, requesting or otherwise encouraging a person to commit a crime. The crime solicited need not be committed. (7) Previously verified pattern of solicitation activity means the occurrence of a series of activities, in close temporal proximity to each other, three or more of which meet each of the following criteria: (a) The activities are those activities described in Section 37-59(D) of this Code. (b) The activities are the same activities that precede, in close temporal proximity, a prior solicitation for prostitution assignation or lewdness, for which the person engaging in the activities was convicted. (c) The activities occur within one year of the date of conviction required in (B). (C) It shall be unlawful for any person to exhibit, within public view, a previously verified pattern of solicitation activity. (D) Activities which are part of a previously verified pattern of solicitation activity: (1) The person repeatedly beckons to, stops or attempts to stop passersby or engages them in conversation. (2) The person repeatedly stops or attempts to step motor vehicle operators by hailing, waving of arms or by any other bodily gesture. (3) The person approaches a passerby or motorist, leaves with that person for a short period of time and upon return to the same area, repeats this pattern with a different persons. (4) The person take flight or tries to conceal himself or herself upon the appearance of a law enforcement officer. 3 i1 40 (5) The person gestures to, touches or exposes his or her breast, groin or buttocks. (6) The person inquires whether a potential patron, or procurer or a prostitute is a police officer or searches for articles that would identify a police officer. (7) The person inquires of a potential patron or procurer of a prostitute about an act that would constitute sexual activity. (8) The person requests the touching or exposure of his or her breast, groin or buttocks. (E) No police officer shall arrest an individual for a violation of this section for the mere act of loitering, soliciting a ride from a vehicle for hire, entering a motor vehicle or waving at a passing motor vehicle. (F) A person who is convicted of a violation of this section may be required to pay a fine not to exceed $500.00, and may be sentenced to a definite term of imprisonment not to exceed 60 days." Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. It is the intention of the City Commission that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami, Florida, as amended, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 6. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this 12th day of Se pmb 996. 4 11407 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this loth day of October , 1996. ATTEST: ALTER J. EMAN CITY CLERK PREPARED AND APPROVED BY: n ANA MA IA PANDO ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A!QtAYN JQNESr, III CITY ATTORNEY W 187:csk:AMP 5 (- e � CAROLLO, MAYOR 11407 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO The Honorable Mayor and Members of the City Commission //i _ A FROM: Me e e im C' y anager RECOMMENDATION: DATE SUBJECT SEP 3.0 1996 Proposed Ordinance FILE: REFERENCES prostitution and Prostitution ENCLOSURES: Related Activity It is respectfully recommended that an Ordinance repealing and replacing Section 37-59, of the Code of the City of Miami, with new Section 37-59, relating to prostitution and prostitution related activities, be adopted. BACKGROUND: The City of Miami has an ongoing crime problem relating to prostitution which has not been resolved using current laws and statutory provisions available to law enforcement. The City is in desperate need of ridding our streets of these activities. The City of St. Petersburg, Florida, has successfully enacted a Prostitution Ordinance allowing for novel enforcement efforts without a constitutional challenge. it407 � MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, 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 Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE NO. 11407 inthe ........................ X.X.CX.X...................................... Court, was published in said newspaper in the issues of Oct 24, 1996 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said 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 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 she has neither paid nor promised any pens irm or corporation any discou ,rebate, commies r retu d for the purpose of secur g this advertis t r publ ation in the said news per 24 Of (SEAL) Octelma V. rrn to and subscribed before me this October /� 96 .l....✓.. _x.D. 19 ...... _V JANETT LLERENA 90"BN NUMBER '' CC566004 yam' ' MY COMMISSION EXPIRES ""Of FVO� JUNE 23,2000 ITY OF MIA-W, FUNU w LEGAL SCE AN Inlereaed pawns will fete r0 a OW on 00 11011111 day of OcWtw. 1996, the City Coarrelon of Miard, Florlds, adopled the iswowkp t11ed ordinances: ORDINANCE NO.11102 AN EMERGENCY ORDNANCE AMENDING SECTION V OF ORDI- NANCE NO. 11337, AS AMENDW, ADOPTED JANUARY 25, 190% THE CAPITAL IMPROVEMENTS APPROPRYITiONS ORDINANCE, THERE. BY INCREASING THE APPROPRIATIONS TO EXISTING CAPITAL IAA- PROVEMENi PROJECT NO. 418402, ENTITLED: 'MERNLL STEVENS GROUNDS 3 PARKING AREA' FROM $110,400 TO $248,400; CON- TA INING ING A REPEALER PROVISION AD A SEVERABILRY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO.114= AN ORDINANCE RELATED TO THE TERM OF OFFICE OF THE MEM9ERS 'OF THE OVERTOWN ADVISORY BOARD, A1IG SECTION 2 4M OF THE CODE OF THE CITY OF MiA A FLORDA, AS AMENDED, TO PROVIDE THAT THE MEMIIIIEFIS OF SAID BOARD SHALL SERVE FOR A TERM OF ONE (i) YEAR; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PRO- VIDING FOR AN EFFECTIVE DATE. OIM)NIANCE NO.114H AN ORDINANCE AMENDING ARTICLE IV. CHAPTER 54, OF THE CODE OF THE CITY OF MIAMI, FLOREK AS ' AMENDED. BY AMENDING SECTION 54-84 ENTITLED. 'NAMES 6F; bRlm AND ROADS•, BY CHANGING THE NAME OF SOUTH OAY840M i1RIVE BETWEEN SOUTFNNEST •TH STRE'ET AND SOUTHEAST W" ROAD TO BRICKELL SAY ORIVE; DIRECTING THE CITY CLERK. TO TRANSMIT A COPY OF THIS ORDINANCE TO THE HEREN DESIGN- ATED. AGENCIES; CONtA#MG A REPEALER PROVISION AND A SEVERABILITY CLAUSE; iRWIVING FOR AN EFFECTIVE DA'M'AN11, PROVIDING FOR INCLUSION IN THE CITY CODE. 0 WIINAi CE NO.11405 AN ORDINANCE AMENDING ARTICLE N OF CHAPTER 54 OF-W' CODE OF THE CITY OF MIAIM Fl.ORDk AS AMENDED, 11111111(; NG SECTION 54.91 'STREFT CODESIGNATIOI'M,TiN 11 AMEND- Nd THE CRITERIA FOR THE CANSIDERAym OF Pr"mos" FOR STRi3ET EADESIGNIITWN TO fROVIDE TMT NUMB STREETS SHALL NOT BE OODESIGNATION WITH THE NAMES OF LIVING NDr4muAls CONTAINING A REPEALER PROVEIAN AND A CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. OIIDMIANCE NO.114M AN ORDNANCE AMENDING CAPITAL OAPROVEMEN7S ORDIN- ANCE NO. 11337. AS AMENDED, ADOPTED JANUARY 25. 1 CONTANNG, AND REVISING PREVN�K, tft f APPROVED SCHEDULED CAPITAL MAPROV 39INT PROJECTS AND ESTABLISHING NEW CAPITAL IMPiROVEMENT PROJECTS TO BEGIN DURING FISCAL YEAR 1905.19W FOR SHENANDOAH. CURTI3, CORAL. GATE AND KNLOCH PARK% PROVIDING CONDITIONS, AUTHORIZATIONS AND DIRECTIONS TO THE CITY MANAGER AND CITY CLERK; CONTAIN- ING A REPEALER PROVISDN AND A SEVERABILRY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE AMENDING SECTI(' IMW OF THE CODE Or - THE CITY OF MUIM1, AS AMENDED. THEREBY RIEWEALNG SAO SECTION N IT'S ENTI IM AND FEPLAOING IT wrtH NEW SECTION' 37-59 ENTITLED: 'PROSTMJTION, SEXUAL ACTIVITY, ASSIGNATION; LEWDNESS; SOLICITING OR MANIFESTING AN INTENT TO SOLICIT PROSTITUTION, SEXUAL ACTIVITY, AVIATION. OR LEWDNESS'; PROVIDING 0001111TIONS; PROVIDING FOR 1s10IFORCEMENT AND PENALTIES; CONTAINING A REPEALER PROVISION AND A SEVER- ABLITY CLAUSE; PROVIDING FOR AN EFFECtM DATE; AND PROVIDING FOR INCLUSIOk N THE CITY CODE. OMNNANL'E N0.114Q6 AN ORDINANCE,ESTA AMM A NEW SPECIAL 'REVENUE FUND ENTITLED: "SOLD WASW-REOUCTION: RECYCLING AND EDUCA- TION (FY '97)', AND IiPPAOPRIATING RINDS FOR _ THE DEVEL- OPMENT AND MAPLEINENTATM OF SAME' W ACCORDANCE WITH SECTION 403.706(4), FLORIDA STATLi1'ES, IN THE AMOUNT OF $464.814.00 CONSISTING, OF A` RECYCLING PROGRAM GRANT FROM THE STATE.dOF FLORIDA, VEPbRTAIII6tNT .OF ENV*IONe, MENTAL REGULATION" IN ACCORDi�E "WTTM THE STATE dF`•' FLORDA SOLID WASTE MANAGEMENT -GRANT RULE 17-716 AND SECTION 403.7M. FLORIDA STATUTES'. CONTAINING A REPEALER PROVISION AND SEVEAASI I TY CLAUSE. Said ordinances may be Inspected by #w pu at,ths Olkx of the+Cily. Clek 35M Pan Amerimn Drive. Miami, Florida, Monday 1h►otgh Friday; exclut&V hollidays, between ire hoots of 8 am. and S p m. WALTERJ. FOEMAN. CITY CLERK 1M145)