The URL can be used to link to this page

Home My WebLink AboutR-23-0284City of Miami op Resolution R-23-0284 alldl 11 li.Rl I + Legislation File Number: 14027 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 7/13/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI- DADE COUNTY FOR A TERM OF THREE (3) YEARS, WITH THE OPTION TO RENEW FOR UP TO THREE (3) ADDITIONAL THREE (3) YEAR PERIODS, FOR THE PURPOSE OF ENFORCING VIOLATIONS OF SPECIFIED SECTIONS OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA ("COUNTY CODE"), AS THEY MAY BE AMENDED FROM TIME TO TIME, THROUGH CIVIL CODE PENALTIES PURSUANT TO CHAPTER 8CC OF THE COUNTY CODE, INCLUDING THE UTILIZATION OF THE MIAMI-DADE COUNTY DIVERSION PROGRAM FOR SATISFACTION OF ANY ELIGIBLE CIVIL CITATIONS ISSUED WITHIN THE CITY OF MIAMI. WHEREAS, Section 901.15, Florida Statutes authorizes the arrest of a person without a warrant when the person has committed a misdemeanor or violated a municipal or county ordinance in the presence of the officer; and WHEREAS, Section 1-5 of the Code of Metropolitan Dade County, Florida ("County Code") provides that any person who violates or fails to comply with the County Code shall, in addition to all other enforcement measures authorized in the County Code or by other applicable law including fines not to exceed $500, imprisonment in the county jail for a period not to exceed 60 days, or both; and WHEREAS, Section 21-81 of the County Code prohibits the commission of all acts defined as misdemeanors pursuant to Florida Statutes and declares that commission of such acts are also punishable as a County Code violation; and WHEREAS, pursuant to Section 8CC-11 of the County Code and Resolution Nos. R- 786-15 and R-136-16, the Miami Dade Board of County Commissioners ("County Commission") authorized municipalities, universities, colleges, district school boards, and their respective police departments to enforce county monetary civil code penalties for violations of the following sections of the County Code within their respective jurisdictions, and to utilize the Miami -Dade County Diversion Program for satisfaction of any eligible civil citations issued within their respective jurisdictions: Sec. 21-81(d)(1) (Florida litter law) Sec. 21-81(d)(2) (illegal use of dairy cases, egg baskets, poultry boxes or bakery containers) Sec. 21-81(d)(4) (retail theft by removal of shopping cart) Sec. 21-81(d)(6) (possession of cannabis in an amount of 20 grams or less), and Sec. 21-81(d)(7) (possession of drug paraphernalia); and City of Miami Page 1 of 3 File ID: 14027 (Revision:) Printed On: 712012023 File ID: 14027 Enactment Number: R-23-0284 WHEREAS, the City of Miami ("City") and Miami -Dade County thereafter entered into an Interlocal agreement for the purposes of enforcing the above -referenced County Code sections and implemented the City's Civil Citation program; and WHEREAS, the County Commission adopted Resolution No. R-957-19 to allow municipalities, universities, Florida College System institutions, and district school boards within Miami -Dade County to enforce county monetary civil code penalties for violation of the following additional sections of the County Code, as they may be amended from time to time, through Chapter 8CC of the County Code, and to allow such entities to utilize the Miami -Dade County Diversion Program for satisfaction of any eligible civil citations issued within their respective jurisdictions: Sec. 7-1(c) (failure to observe salt barrier line) Sec. 7-3 (swimming or fishing from prohibited roads or bridges) Sec. 7-4 (mooring violations) Sec. 7-22.1 (failure to pay County vessel registration fee) Sec. 7-26 (operating a motorboat in restricted zones) Sec. 7-26.1 (violating maximum sound level standards) Sec. 7-33 (mooring to bank) Sec. 7-34 (failure to secure moored vessel) Sec. 7-35 (nesting of vessels as encroachment) Sec. 7-37 (abandonment of vessel) Sec. 8A-52 (bulk sales of fruits or plants without certificate) Sec. 8A-172 (conducting business without a local business tax receipt) Sec. 8A-276(b) (failure to display commercial vehicle markings) Sec. 21-21 (solicitation of drinks in alcoholic beverage establishments) Sec. 21-21.2(b) (adult violators regarding open house party) Sec. 21-21.3 (sale of drug -related paraphernalia) Sec. 21-24.1 (false statements with intent to receive benefit) Sec. 21-27.1 (selling merchandise near schools) Sec. 21-27.2 (selling merchandise near parks) Sec. 21-28 (producing loud or excessive noise) Sec. 21-29(b) (violation of secondhand dealer records requirements) Sec. 21-29.1 (private business on County property) Sec. 21-31.1 (disorderly conduct and loitering) Sec. 21-31.2(b)(1) (consumption of alcohol in open containers near store) Sec. 21-31.2(b)(2) (possession of alcohol in open containers near store) Sec. 21-31.4(b) (obstructing traffic or aggressively begging) Sec. 21-35(d) (public intoxication by glue, cement, or solvents) Sec. 21-36 (sidewalk solicitation of business) Sec. 21-36.1 (street corner window washers) Sec. 21-36.3(c) (solicitation in public right-of-way at prohibited intersections) Sec. 21-38(a) (distributing syringe without prescription) Sec. 21-51 (engaging in motor vehicle business without license) Sec. 21-56 (failure to maintain motor vehicle records) Sec. 21-57 (destroying motor vehicle without documentation) Sec. 21-81(d) (misdemeanor violations, as such may be amended from time) Sec. 21-118 (theft of plants and fruits and trespass) Sec. 21-133 (renting to bingo operator without permit) Sec. 21-136 (failure to wear tags evidencing name and charity) Sec. 21-287 (rafting) Sec. 26-1 (parks violations) City of Miami Page 2 of 3 File ID: 14027 (Revision:) Printed on: 712012023 File ID: 14027 Enactment Number: R-23-0284 Sec. 26A-2A (keeping a sanitary nuisance), and Sec. 31-105 (driving a passenger motor vehicle without chauffeur's registration), WHEREAS, utilizing the City's Civil Citation program to enforce certain misdemeanor crimes in lieu of arrest provides City police officers with additional enforcement options when encountering a misdemeanant or County Code violator who has committed one of the above enumerated offenses; and WHEREAS, in accordance with the proposed Interlocal agreement, a violator who has been served with a civil violation notice imposing a monetary penalty for commission of an enumerated misdemeanor or County Code violation may enter the Miami -Dade County Diversion Program, pursuant to Miami -Dade County Implementing Order 2-12, which will allow violators without economic means to satisfy a civil penalty by non -monetary means; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is hereby authorized' to execute an Interlocal Agreement, in substantially the attached form, with Miami -Dade County for a term of three (3) years, with the option to renew for up to three (3) additional three (3) year periods, for the purpose of enforcing violations of specified sections of the County Code, as they may be amended from time to time, through civil code penalties pursuant to Chapter 8CC of the County Code, including the utilization of the Miami -Dade County Diversion Program for satisfaction of any eligible civil citations issued by the City. Section 3. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: 1 i � 4aindez, City Attor ley 713l2023 The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and City Code provisions. City of Miami Page 3 of 3 File ID: 14027 (Revision:) Printed on: 712012023