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Home My WebLink AboutO-09240FRH/wpc/o 1/9/81 ORDINANCE NO. 9 ,? :l 0 AN ORDINANCE PROHIBITING ANY PERSON FROM LOITERING OR PROWLING IN A PLACE, AT A TIME OR IN A MANNER NOT USUAL FOR LAW ABIDING INDIVIDUALS, UNDER CIRCUMSTANCES THAT WARRANT A JUSTIFIABLE AND REASONABLE ALARM OR IMMEDIATE CONCERN FOR THE SAFETY OF PERSONS OR PROPERTY IN THE VICINITY; PRO- VIDING FOR PENALTIES; CONTAINING DEFINITIONS; CONTAINING A REPEALER PROVISION AND A SEVER - ABILITY CLAUSE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The whole purpose of this ordinance is to provide the City of Miami Police Department with a suitable tool to prevent crime and allow specific means to eliminate either a situation which a reasonable man would believe could cause a breach of the peace or which a reasonable man would believe constitutes a threat or danger of physical harm, damage, or injury to persons or property through criminal means. Section 2. Definitions. A. The words "under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity "means those circumstances where peace and order are threatened or where the safety of persons or property is jeopardized. The police officer must be able to point to specific and articulable facts which taken together with rational inferences from those facts, reasonably warrant a finding that a breach of the peace is imminent or the safety of persons or property is threatened. B. "Being advised of one's constitutional rights" means being informed by a police officer of the following: 1. You have a Constitutional right to remain silent. You need not make any statements if you do not wish to do so. OR- 2. Should you talk to me, any statement you may make can and will be used against you in Court. 3. If you want an attorney to be present at this time or at any time hereafter, you are entitled to such counsel. if you cannot afford to pay an attorney, we will furnish you with counsel if you so desire. t 4. Do you wish to have an attorney present at this time? 5. Knowing your rights as they have been related to you, are you now willing to answer questions without having an attorney present? Section 3. It is unlawful for any person to loiter or prowl in a place, at a time or in a manner not usual for law abiding individuals, under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity. Section 4. Among the circumstances which may be con- sidered in determining whether such alarm or immediate con- cern is warranted is the fact that the person takes flight upon appearance of a law enforcement officer, refuses to identify himself, or manifestly endeavors to conceal himself, or any object. Unless flight by the person or other cir- cumstances makes it impracticable, a police officer, prior to advising the person(s) of his constitutional rights, may re- quest credible and reliable identification from the person(s) in the form of his name and address; prior to any arrest for an offense under this section, the police officer shall ad- vise said person of his constitutional rights (as defined in subsection 28 of this ordinance) and then afford the person an opportunity to dispel any alarm or immediate concern which would otherwise be warranted by requesting him to explain his presence and conduct. No person shall be convicted of an offense under this section if the police officer did not comply with this procedure or if it appears at trial that 2 9 ,e 4 0 the explanation given by the person is true and, if believed by the officer at the time, would have dispelled the alarm or immediate concern. This alarm is presumed under the ordinance if, when a police officer appears, the subject(s) flees, conceals him- self, or refuses to identify himself. Section 5. A violation of the provisions of Section 3 hereof shall be punishable by not more than sixty (60) days imprisonment or by a fine of not more than five hundred dollars ($500.00) or both. Section 6. 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 (1980) and the sections of this ordinance may be renumbered or re - lettered to accomplish such intention; and that the word "ordinance" may be changed to "section", "article", or other appropriate word. Section 7. All ordinances or parts of ordinances insofar as they are inconsistent with or in conflict with the pro- visions of this ordinance are hereby repealed. Section 8. If any section, part of section, paragraph, clause, phrase or word of this ordinance shall be held to be unconstitutional or invalid, the remaining provisions of this ordinance shall not be affected. PASSED ON FIRST READING BY TITLE ONLY this 99nd day of January , 1981. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 11th day of February , 1981. A EST: Maurice A. Ferre M A Y O R CITY CLERK PREPAREP ANV A ROVED BY: APPROVED AS'TO FORM AND CORRECTNESS: FRANK R. HARDER ROBERT F. CLARK ASSISTANT CITY ATTORNEY ACTING CITY ATTORNEY 3 F 9040 MIAMI REVI9W AND DAILY RECORD 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 Supervisor, Legal Advertising of the Miami Review and Daily Record, 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 or Notice in the matter of CITY OF MIAMI Re: Ordinance 9240 & 9241 in the........___......X.x.-X..... .... ................. Court, was published in said newspaper in the issues of February 17, 1981 .. _. _ .._ ._.._ .._ .__........ .... .............. I...... ........................................................................................... Affiant further says that the said Miami Review and Daily Record 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 precediny the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, re i mission or refund for a purpose of sQ�� ftftisement for pu �c ion in the 5ajQ (� TAPY" 3w ref toy d'subscribed befirtl`rr this ruar ' L.Z..: ay .. fe ... .. L. � IC p 19.:...8.� Not My Co 1ssi5t1pIR>�oY et e b 6, 1 ��/ l f /111►I If'� (SEALI MR•91 r.�l; r✓;�,, ur CITY OR tM ILROALNOT1AM1 ICaRalph 0.Qd1!On�gle All interested will take notice that on the h uary, 1981, the City Commission of Miami, Ff I a l) f Mimi, Fla, titled ordinances: c++ ORDINANCE NO.9240 A{{��N ORDINANCE PROHIBITING ANY PERSON FROM .__».IiIf iNERG'f' AL FOGFA LAW ABIDING 1 01MAM UNDER CIRCUMSTANCES THAT WARRANT A JUSTIFIABLE AND REASONABLE ALARM OR IMMEDIATE CONCERN FOR THE SAFETY OF PERSONS OR PROPERTY IN THE VICINITY; PROVIDING FOR PENALTIES; CONTAINING DEFINITIONS; . CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO.9241 AN ORDINANCE PROHIBITING THE 013STRUCTION OF FREE PASSAGE OVER, ON, OR ALONG STREETS OR SIDEWALKS AFTER REQUEST BY A LAW ENFORCEMENT OFFICER TO CEASE SUCH OBSTRUCTING; FURTHER, PROVIDING FOR PENALTIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. (City Seal) RALPH G. ONGIE OD CITY CLERK MIAMI, FLORIDA Publication of this Notice on the 17 day of Feb. 1981 2117 MBI-021752