HomeMy WebLinkAboutM-94-0179Charter Amendment No. 1 which was approved by the voters on
November 4, 1993,'and is to appear in the Charter of the City of
Miami codified as Section 29-D, provides as follows:
"Sec. 29�-D. City -owned waterfront property; -
leases with non-profit
organizations; authorization to
waive competitive bidding and
referendum requirements; terms of
lease.
Nothwithstanding 'any provision to the contrary
contained in the Charter or Code of the City of Miami,
the City Commission isauthorized to waive all
competitive bidding and referendum requirements when
entering into a lease or extending an existing lease
with a non-profit, non-commercial, water -dependent
organization which provides or seeks to provide marine -
recreational services and/or activities to the;
community at any city -owned waterfront property,
provided all of the following conditions are met:
(A) the terms of the lease allow reasonable
public access to the water and reasonable
public use of the property, and complies with
all waterfront setback and view -corridor
requirements set forth in the charter and
code; and
(8) the use is authorized under the then existing
master plan.of the City; and
(C) the terms of the lease require that the
property -be used for public purposes only;
and
94- 179
SENT BY: 9-22-94 t 9:51AM LAW DE'PT, CITY NMNAGER' S OFF ; # 3/ 11
The Honorable Mayor & March 21, 1994
Members of the City Commission
Page,- 2
(D) the terms of the lease result in a fair
return to the City based on two independent
appraisale; and
(E) the terms of the lease comply with all
requirements pertaining to membership
prescribed by ordinance for organizations
using city facilities.
1. AUTHORIT'Y CONFERRED BY SECTION 29-D To THE CITY
COMMISSION
Prior to the enactment of Section 29-D, the City Commission
was prohibited from considering any lease of any city -owned
property unless there had been compliance with certain
advertisement requirements set forth in Charter Sections 29-B,
for city -owned property, generally, and Charter Section 29=C for
city -owned property, located at Watson Island (copies of all
charter sections referenced herein are attached for your
convenient reference) Section 29-D authorises the City Commission
to waive the aforementioned advertisement requirements under
certain circumstances, as set forth therein, thus allowing for
City Commission consideration of an offer to lease or a request
to extend an existing lease without having first solicited
proposals from the public and considered competing responses
thereto.
In addition to authorizing the above-deecribad waiver. of
competitive bidding, Section 29-D authorizes the City Commission
to waive "all referendum requirements". Section 29-C presently
requires that any proposed conveyance of property or any grant of
a property interest or grant of a license at any city -owned
property located at Watson Island must be approved by a majority
of the votes cast by the electorate at the next available
regularly scheduled general election. Similarly,. Section 29-B
provides that when there are less than three (3) responses to an
advertisement soliciting proposals in connection with the lease
of city -owned property, provided other conditions pertaining to
guaranteed return are met, the commission may consummate the
proposed lease only if approved by a majority of the votes cast
by the electorate at referendum.
2. CRITERIA rOR DETERMINING WHETHER AN ENTITY IS QUALIFIED TO
REQUEST THE WAIVER
The authority granted to the City Commission in Section 29-D
to waive the herein referenced competitive bidding and referendums
requirements may only be by the Commission if the entity offering
to lease or requesting to extend an existing lease meets the
following criteria"
94- 179
t,
SENT BY: 3-22-94 9:51ADi LAW DEFT. CITY MANAGER'S OE=F.4 4/11
The Honorable Mayor & March 21, 1994
i Members of the City Commission
Page 3 -
1. The organization must be anon -profit organisation. An
organization shall be deemed non-profit if no part of the income
it generates is. distributable to its members, directors, or
officers6 A corporation which is exempt under Internal Revenue
Code.Section 501(c) shall be presumed non-profit.
2. The organization must be non-commercial. To be
considered non-commercial, the organization's primary purpose
cannot be related to or connected with the buying, selling and
exchanging of articles or the transportation of persons and
property whether by land, water, or air.
3. The organiszation's purpose and function must be
dependent on its proximity to water in order to carry out said
purposes and functions.
4. The organization may be presently providing marine
recreational services and/or activities or may propose to provide
said services or activities upon execution of the proposed lease
agreement.
3 . REQUIREKENTS PERTAINING TO THS TL"Ri .S AND CONDITIONS OF THE
LEASE
(See subsections (A) through (8) of Section 29-0).
Most of the conditions described in A through E are self
explanatory and do not require much interpretation. With regards
to (c), specifically, please note that what is a "public
purpose', as distinguished from private,. has given rise to much
judicial consideration, and courts, an a rule, have attempted no
judicial definition of a "public purpose", but have left each
case to be determined by its own particular facts and
circumstances.
This office will gladly assist you with further
clarification or interpretation of Section 29-D. It is
anticipated that each request pursuant to Section 29-D will
require individual analysis and examination for compliance with
the criteria set forth in Section 29-D. Consequently, once the
city Commission agrees to consider a particular Section 29-D
request, the proposed lease or proposed extension of an existing
lease will have to be examined, taking into consideration the
particular facts and circumstances pertaining to said
organization and its proposed use of the
94— 179
��S
i+fhSs�{ f .k Y..1 � .Y �t � � h }.fl. \ , •11. N C. J .. �l .,. _ .. ...
`)
F }f
si
+z
LAW Da'T CITY MANAGER' 5 OFF.
'
SEND :BY 3-22-94 8'52AM ;
�
&
March 21, 1994
u ,
The Honorable Mayor
Me�inbers of the City Commission
! F
x
Page - 4
to determine if the proposal complies with the
City's property on certification that
'
requirements 'of Section Section 29-D. Up
with Section 29-D, said request would be,
the-.pxoposal'compliee
to the City Commission
for approval ot'said lease or
brought back
extension of an existing lease,
if otherwise, in the best
interestof the City.
AQJ_JOB/KD/P313
enclosure
cc s Cesar H. Odio
City Manager
Herbert Bailey
Assistant City Manager
Christina Cuervo
Chief of Staff
City -Manager's office
Eduardo Rodriguez
Director of Asset Management
SM BY:
3-22-94 ; 9:52ANI LAW MT.-, CITY MANAGER'S OFF. 4 6/11
129-A
CHARTER AND RELATED LAWS SApt. A
(2) All persons contracting with the city under
this section shall be obligated to pay which-
ever is the greater of the following; 6) all
applicable ad valorem taxes that are lawfully
assessed against the property involved or (ii)
an amount to be paid to the city equal to
what the ad valorem taxes would be if the
property were privately owned and used for a
profit -making purpose. Such taxes shall not
be credited against any revenues accruing to
the city under any contract that may be
awarded under this section.
(3) Any proposal by a potential bidder or con•
tractor that contemplates more than the es-
timated extent of the city's'proposed commit•
ment of funds, property, or services shall be
ineligible for acoeptaiice by the city commission.
(41 Any substantial increase in the city's com-
mitment of funds, property, or services, or
any material alteration of any+ contract awarded
under subsection (c) of this section shall enti-
tle the city commission to terminate the con-
tract niter a public hearing. Prior to such
public hearing, the commission sha11 seek and
obtain a report from the city manager and
from the review committee that evaluated
the proposals for the project, concerning the
advisability of exercising that right. (Char.
Amend. No, 3, 11.6.79; Ord. No. 9507, 1 1,
10.2"2; Char. Amend. No. 1,11.2.82; Char.
Amend. No. 1, 11.4.86; Char. Ameim. No. 3;
11.3.87)
"tor's note- Ord. No. 9489, adopted by the commission
on Sept. 17, 1982, set forth Charter Ameadtnent No. 1 for
approvaltrojection at election on Nov, 2, 1982. On Oct, 28,
1982, Ord. No. 9607 amended the language of subsections (a)
and (c) of 1153 its proposed by Ord. No. 9489, The aloetion was
to approve the language of Chartar Amendment No 1, as amended
by Ord. No, 9507. Subsequently, In light of Charter Amend,
amnt No. 2 of Nov. a, 1967, the city attorney d4eaked the
c:odifier to delete paragraph (10 of subsection (d) as superseded
by a 29-B.
Annotations -For case decided pruu to enactment by Char
ter Amendment No, 3 of 1979 of a eotnpetitive•bidding re•
quieataant for disposition of city property, we Mahoney v.
Oivetw, 64 So. 2d 926. Said case held that competitive bidding
io not required to lease city real astats.
Material variance betweenplate bid upon and plans &6.
mitted and adopted renders contract void, Glatatein v, City of
Miami, M So. 2d 1006,
Supp. No. 29
Sea. 29-B. City -owned property was or lease
Generally.
Notwithstanding any provision to the contrary
contained in this Charter or the City Code, except
for the conveyance or disposition of city -owned
property implementing city -assisted housing pro.
Brame or projects which are intended to benefit
persons or households with low and/or moderate
Income by providing housing for such persons or
households, such as, but not limited to, those funded
programs or projects undertaken, pursuant to the
Federal Housing Act of 1037 and the Florida Hou&
ing Act of 1972, ss those statutes may be emended
or revised from time to time, implementing city -
assisted housing programs as maybe authorized
by federal or state law, implementing projects
authorized under the Florida Community Rede-
velopment Act of 1969, and implementing pro-
jecta of any governmental agency or instrumen•
tality, the city commission is hereby prohibited
from favorably considering any sale or lease of
property owned by the city unless there is a re-
turn to the city of fair market value under such
proposed sale or lease, The city commission is
also hereby prohibited ftm favorably consider-
ing any sale or lease of city -owned property tw-
lose (a) there shall have been, prior to the date of
the city commission's consideratign of such sale
or lease, an advertisement soliciting proposals for
said sale or lease published in a daily newspaper
of general prod circulation in the city, allowing
not less than ninety (90) deye for the city's receipt
of proposals from prospective purchasers or low
sees, said advertisement to be no less than one-
fourth %) page and the headline in the adver-
tisement to be in a type no smalldr than 18-point
and, (b) there shall have been at least three (3)
written proposals received from prospective pur-
chasers or lessees; however, if there are less than
three (3) such proposals received and if the guar-
anteed return under the proposal whose sccep-
tanee is being considered is equal to fair,market
value the city commission determines that the
contemplated Bale or Iease will be in the city's
best interest then, subject to the approval of a
majority of the votes cast by the electorate at a
referendum, the sale or lease may be consummate
ed. As a further exception to the above require -
menu and any other requirement for competitive
34 94- 179
U
3-22-94 t 9:53MI
CHARTER
bidding procedures to be uwod in the disposition of
city -owned property or any interest therein, the
city commission is authorized to waive all such
disposition requirements where the intended use
of such property or interest therein is in further-
ance of the objective of providing rental or stiles
housing within the economic affordability range
of low and/or moderate income families and/or
individual& In determining lowand/or moderate
income households as set forth above, the criteria
shall be those provided for by federal and/or state
law or by the city commission. (Char. Amend. No.
2,11.8•87)
So*. 29-C. Same --Watson Island,
Notwithstanding any provision to the contrary
contained in the Charter or Code of the City of
Miami, no sale, conveyance loan, management
agreement, revocable use permit, or license agree-
ment may be entered into for the management,
occupancy or use of the urea known am Watson
Ialand unless (1) there shall have been, prior to
the date of the city corat".4 Ion's consideration of
such sale, lease, management agreement, revo.
cable permit or license agreement, an advertise-
ment soliciting proposals for said sa]e, lease, man-
agement agreemnt, revocable permit, or license
agreement published in_a daily newspaper of gen-
eral paid circulation in the city, allowing not lose
than ninety (90) days for the city'A receipt of pro-
posals from prospective purchasers or lemmas, said
advertisement to be no Iess than one-fourth page
and the headline in the advertisement to be in a
type no smaller than 1$-point; and, (2) the pro-
posed transaction be approved by a wAlority of
the votes cast by the eleoiorate at a referendum
to be held at seat regularly scheduled general
election. The procedures, for selection of proposals
shall be those provided by,Chartar section 29A(c)
or (d) an appropriate and/or by applicable City
Code provisions. Nothing herein shall effect the
existing rights or privileges, if any, of any lessee,
permittee, licensee of conceasioaaire currently sit-
uated in said area; however, any enlargement,
amendment, transfer, or increase in those rights
or privilegea an may be in existence at the time
this amendment is adopted shall require compli•
ance with the provisions of this amendrifient. This
Charter Amendment shall not affect the city's
j Supp, No. 29
34.1
LAW DEPT.-, CITY MANAGER'S OFF.;# 7/11
use or occupancy of the area, nor shall it apply to
contracts for the construction of any city facilities
or improvements in the area; further, nothing
contained herein shall apply to projects of any
governmental agency or instrumentality. (Char.
Amend. No. 1, 11-M7)
Sec. 80. Local improvements.
(a) Definitions; divisions into classes. In this
section the following words and phrases shall have
the following meanings, unless some other mean-
ing is plainly intended:
The main divisions of this section are some
times herein termed paragraph., and the divisions
of paragraphs are sometimes herein termed
subparagrapha.
A local improvement is an improvement defined'
by this section and made under the provisions
thereof.
The word commission shall be deemed to refer
to the city commission of the City of Miami.
A highway is a public way such as a street,
boulevard, avenue, lane, alley, parkway, court,
terrace, or place.
A sidewalk is a path for pedestrians along a
highway.
A storm sewer is a conduit above or below ground
for the passage of storm water, including a pump•
ing station and outlet where deemed necessary; it
may also include the building of culverts over
streams or enclosing of streams where necessary
or advisable to carry off stoma water.
A sanitary Rewer is an underground conduit for
the passage of sewage and may include a pump-
ing station and outlet when necessary.
94- 179
Subpt, A
3-22-94 0:53A l t LAW DEPT.-4 CITY MANAGER'S OFF. ;# 6/11
CHARTER
other evidence of city indebtedness shall be
imposed on the bonds of the city.
(b) Streem, parka, bridges, sewers, grade cross-
ings, speed of vehicles; reruicee and rates of
motor vehicle carriers• To pave, grade, curb,
repave, macadamize, remacadamize, lay out,
open; close, vacate, discontinue, widen, and
otherwise improve streets, alleys, avenues,
boulevards, lanes, sidewalks, parks, prom•
eaades, and other public highways or any
part thereof. and to hold liens therefor as
hereinafter provided; to construct and main-
tain bridges, viaducts, subways, tunnels,
sewers, and drains, and regulate the use of
all such highways, parks, public grounds,
and works; to prevent the obstruction of
ouch sidewalks, streets, and highways; to
abolish and prevent grade crossings over
the sameby railroads; to regulate the op•
oration and speed of all vehicles using the
streets, highways, and railroads within the
city; to regulate the service rendered and
rates charged by busses, motor cars, cabs,
and other vehicles for the carrying of pas.
songers and by vehicles for the transfer of
baggage,
(c) Special or iacal assessments To impose W.
cial or local assessments for local improve-
ments as hereinafter provided and to an.
force payment thereof:
(d) Contracting debts and borrowing money.'
Subject to the provisions of the Constitu-
tion of Florida and of this charter, to can,
tract debts, borrow money, and make and
issue evidences of indebtedness.
(e) $xpenditures: To expend the money of the
city for all lawful purposes.
M Acquisition and disposition of property and
seroicew
(i) To acquire by purchase, gift, devise,
condemnation or otherwise, real or per-
sonal property or any estate or inter•
est therein, inside or outside the city,
for any of the purposes of the city; and
to improve, sell, lease, mortgage, pledge,
or otherwise dispose of such property
or any part thereof.
SuM No, 27
01) To acquire or dispose of services inside
or outside the city, by purchase, gift,
or otherwise for any purposes of the
city.
(iii) To lease to or contract with private
firma or persons for the commercial use
or management of any of the city's wa-
terfront property, but only in compy
ance with the other requirements of
this charter and on condition that,
(A) the terms of the contract allow rea-
sonable public access to the wator
and reasonable public use of the
property, and comply with other
charter waterfront setback and
view -corridor requirements; and
(B) the terms of the contract result in
a fair return to the city based on
two independent appraiaals; and
(C) the use is authorized under the then
existing mailer plan of the city;
(D) 'the procurement methods prescribed
by ordinances are observed.
Any such lease or management agree
went or proposed extension or modifi-
cation of an existing such lease or man•
v ument agreement uTi iah don not com
ply with each of the above conditions
shall not be valid unless it has first
been approved by a majority of the vot-
ers of the city.
Nothing herein contained shall in any
manner rsti'ect or apply to any project
the financing of which has been pre
vided by the authorization of bonds to
be issued by the city.
(g) Public property and improvements To make
and maintain, inside and outside the city,
public improvements of all kinds, includ•
ing municipal and other public buildings,
armories, markets, and all buildings and
structures necessary or appropriate for the
use of the city; to acquire by condemnation
or otherwise all lands, riparian and other
rights, and easements necessary for such
improvements; and to rent or lease from
any person any land or building within or
without the city or any p`rt thereof for any
municipal purpose,
3 94- 179
SEND' BY
3-22-84 ; 9:54AAl
MIAW OWN
flee. 37-8. City or public land abutting
eater --Use restricted.
It is illegal to use any city or public land
abutting water except as permitted at city
marinas, and except as otherwise authorised
by the city commission. The use of city land
prohibited by this section includes, but is not
limited to, use for mooring, docking, tying up
vessels or, for landing operations of vessels,
and use for storage, construction, repair or
maintenance purposes. The term "city land
abutting water" includes, but Is not limited
to, the ends of any streets, roads or public
ways; parkland, land where public buildings
are located, or any city or public land
whatsoever which abuts, borders .or is ad-
jacent to water. The term "water" includes,
but in not limited to, the Miami River and any
other waterway known as a river and any
and all tributarles thereof, oceans, lakes.
bays, estuaries, Inlets, coves, canals, streams
or any watercourse or body of water or part
thereof, whatsoever, located within the city.
(Code 1967, 1138-5.1)
Sea 37.9. Communists, eta —Registra-
tion.
It shall be unlawful for any person who is a
member of the Communist party or any group
or organization defined in section 37-12 to
remain within the city without first register-
Ing with the police' department within forty-
eight (48) hours after taking up residence in
the city, giving his game, address and
occupation and permitting a photograph to be
taken by the police department. (Code 1967, 4
38-6)
State loss rstereaoes—CrimltW anarchy, Commu-
*ism, etc., Fla, State, 1 87s.01 at seta subversive
activities, Me, State., § 676= at seq.
Bea 87-10., Sams -Circulation of printed
or written matter.
It shall be unlawful for any person who is a
member of the Communist party or any
person, group or organisation defined in
section 37-12 to engage in the cimuktion or
distribution of any printed or written mnitter
of any Communist organization or of any
LAW DEPT. CITY MANAGER'S OFF. ; # 9r 1 i
person, group or orgamization definned in
sect(on 87.12, without first advertising the
full printed or written matter In a daily
newspaper of this city at toast ten (10) days
prior to such circulation or distribution. (Code
1967. 1 38.7)
Sea 87-11. Same-Meetinga.
It shall be unlawful for any member of the
Communist party or any person, group or
organisation defined in section 37.12 to hold
any meeting within the city without having
first notified the chief of police of the time
and place of such meeting at least ten (10)
dam) prior to such meeting. (Code 1967, ;
Sec. 37-18. Same -Advancing or promot. '
ins ideas contrw7 to United
States.
It shall be unlawful for any person, group
.or organization to advance or promote Ideas
or objectives contrary to the United States of
America by means of force, violence, treacly
ery, deceit. espionage, sabotage, terrorism,
creation of fear, destruction of morale or by
any other acts or doings whatsoever. (Code
1967, g 38-9)
See. 87-18. Discrimination by lessees of
city -owned property-Probib-
ited.
The leme of any property of which the city
is the owner shall not discriminate against or
refuse or deny to any person or persons,
guests or permittees, the use. of the facilities
leased from the city because of race, creed,
religion, color or national origin. (Code 1967,
38-9.1)
Sec. 37-14. Same-Aequf mmenta for or-
gamisations wring city facili-
ties.
In order to facilitate the implementation of
th* policy of the city as not forth in section
37-13, in instances wherein leases are entered
into between the city and organisations or
clubs for the use of city property or city
2570
94- 179
SENT BY: 3-22-94 9:54AM LAW DEFT.-+ CITY MANAGER'S OFF. 410/11
137.14 4FFBNSEB...M18CBd.[.AN�OtJe a'1.14
facilities by the members thereof, such cation shall advertise twice in two (2)
organizations or elubs shall comply with the daily newspapers of general circula-
following requirements: tion published in the city a notice of
(1) Membership, the acceptance of new members a.
(a) Membership in the club or organs a- bereinabove provided, end notice of
lion shall be available to all persons the pies of the club or organize.
without discrimination as defined in lion and of the programs oPfored by
section 3&1& the club or organisation to the public-
(b) There shall be no reclidrament that Such notice for the year 1968 shall be
applicants for enrollment be spot- printed on the first and fourteenth
Bored by anyone as a condition to da" of August. For the year 1989 the
such applicant being processed or notice shall be printed on the first
accepted for membership. and fourteenth days of June, and on
(c) The club or organization shall make a the first and fourteenth days of June
minimuna of five (5) percent of of each yasr thereafter.
eauting enrollment of the various (2) Dues. All members in each of the various
types of membership in such club or categories of membership shall pay equal
organization available for new enroll- dues, it any, within such categoriw
ment for a minimum period of thirty
(30) days of each year, the first such (3) Minutes of meetings. All minutes of
enrollment period to commenoe Sep- mostings► whether regular meetings or
tember 1, 1%& In the year ' IM the sped meetings, or however desiipaated,
enrollment period shall commence of such club or organisation small be
poste upon the bulletin board upon the
July first, and shall commence July
first of dash year thereafter. In the club premises within thirty (30) days alter
event there is more than one (1) type the date of such meetings, and a copy
of membership available, this shall thereof shall be forwarded to the city
wean five (5) percent of each type of manager, or his designee.
membership shall be open to the (4) Prwileger. All members in tads category
general public shall have equal rights aid privilege*.
(d) Acceptance into membership shall be (Code 1967, 38-9.2)
determined by simple majority vote of
the general membership at a meeting Sao. 37-1Qh Same--ProvUlans of sec -
designated for such purpose. and tiotm 87-13 and 111-14 to be
there shall be no secret ballot for part of lease.
admission to membership. The foregoing matters as set forth in
(e) In the event there Are a greater
sections 87.15 and $7-14 being an implemen-
tation of the provisions of the constitutions of
openings available for membership
the United States of America and the
undo the annual five (8) percent of
constitution of the state, such provisions sire
enrollments as not forth above, then,
and in that event, new members in to be considered a part of every eueb lees* as
described above entered into between tits city
this enrollment period stall be safest-
and any person, firm, corporation, club or
ed by lot.
(f) Within the thirty-dayarganisatioa,
day period prior to regardless of the epseme writ.
thedate of the commencement of the ton terms of any lease now misting or to be
enrollment period described above in entered into in the future. (Code 1967.
subparagraph (c), the club or organs-
2671 9 4 — 179
h
Sec. 57.18. Same --Termination of lease
for violations.
Any person, firm, corporation, club or
organization violating the terms and condi-
tions of sections $7-x8 through 37-15 shell be
subject to having Ito loans forthwith terms-
: nated by the city for such violation, upon due
notice to the violator and upon an opportuni-
ty to be heard before the city commission
concerning such violation. (Code 1967. !
38-9,4}
Ssc. 67-27. Disorderly coaduat--Cener-
ally.
Any person in the city shall be deemed
guilty of disorderly conduct who.
(1) Shall males, aid, countenance or assist
in making any. Improper noise, riot,
disturbance, broach of the peace or a
diversion tending to a breach of the
peace.
(2) is idle, dissolute or found begging.
(3) fix found in a house of ill famo,
gambling house or disorderly house.
(4) Shall assault another or shall engage
in. aid or abet in any fight, quarts or
disturbance.
(5) Shall carry on or about his person in
any public place or private place open
to the public any pistol, knife (other
than a small pocket knife with its
blades under three (3) inches in length).
dint, knuckles, aiingsbot or other dan-
gerous, Weapon without a lawful permit
or for lawful use In his business.
(6) Uses obscene or profane language in
the presence of anyone else. or any
indecent, insulting or &bud" language
to another, or makes any threats of
violence against another person.
(7) Is found "louaaing, prowling, loitering
or being on or in the promisee of
another without the owner's donsent.
LAW DEPT. CITY MANAGER'S OFF,;*11/11
(8) Is a window peeper.
(9) Shall ply or attempt to ply his calling
as a tout, roper, steerer, or capper es
commonly used and understood.
(10) Engages in juggling or in any haudu-
lent scheme, devios or trick to obtain
money or other things of value from
another, or who shall aid or abet, or in
any manner be concerned thersin.
(11) Is found consuming alcoholic beverages
on the public streets or vacant lots or In
places solely licensed to vend alcoholic
beverages for consumption off the
premises.
(12) Is found consuming moonshine, canned
heat, stern, bay rum or other like
substances capable of inducing intoxi-
cation in any place within the city.
(13) Has been convicted of any ofeenses of
crimes against the person or property
of another, Whether such. convictione
were under any municipal ordinance or
lam of any state of the United Stenos;
found lounging, prowling or loitering on
the streets, public plaoss or private
property of another without the owner's
consent, who i4 unable to give a
reasonable excuse for being so found.
(141 Takes possession of or conceals proper
ty of another without the owner's
consent or has In his possession or
control property of another knowing
that the owner has not consionted
thereto, whether he in on or off the
owner's promises, or in any manner
aids, assists or abets another person to
do the aforeaaid.
(15) Commits upon himself any ant which
would be dangerous to human life or
which, if oonu ittsd upon another
person and followed by death as a
consequence, would reader the perpe-
trator chargeable with homicide, which
94- 179