HomeMy WebLinkAboutO-09143ORDINANCE NO. 9 1 4 3
AN ORDINANCE AMENDING SECTION 38-45 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, BY ADDING A NEW SUBSECTION 1
THERETO CONTAINING DEFINITIONS THEREIN;
AND BY PROVIDING THAT THE OFFER TO COMMIT
OR TO COMMIT OR TO ENGAGE IN LEWDNESS OR
ASSIGNATION CONSTITUTE VIOLATIONS OF THE
CODE; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE; AND DISPENS-
ING WITH THE REQUIREMENT OF READING SAME
ON TWO SEPARATE DAYS BY A VOTE OF NOT
LESS THAN FOUR -FIFTHS OF THE MEMBERS OF
THE COMMISSION.
WHEREAS, it is the intent of the City Commission to
punish only those activities which are not otherwise pro-
tected by law;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA:
Section 1. Section 38-45 of the Code of the City of
Miami, Florida, as amended, is hereby further amended in
l/
the following particulars: —
"Sec. 38-45. Prostitution, etc., -- Additional
prohibited actions.
1. As used in this section, unless the context clearly
requires otherwise:
(a) The term 'prostitution' shall be construed to
include the giving or receiving of the body for sexual
intercourse for hire, and shall also be construed to
include the giving or receiving of the body for licen-
tious sexual intercourse without hire.
(b) The term 'lewdness' shall be construed to
include any indecent or obscene act.
(c) The _term 'assignation' shall be construed to
include the making of any appointment or engagement for
prostitution or lewdness or any act in furtherance of
such appointment or engagement.
(d) The term 'prostitution' as used in sub-
section l(a) hereof shall be construed so as to exclude
sexual intercourse between a husband and his wife.
l/ Underscored words constitute the amendment proposed.
Remaining provisions are now in effect and remain
unchanged. Asterisks indicate omitted and unchanged
material.
A
OF-..
2. It shall be unlawful for any person in the city
of Miami:
(a) To offer to commit or to commit or to engage
in prostitution, lewdness or assignation.
(b) To solicit, induce, entice, or procure another
to commit prostitution, lewdness or assignation-, with
Section 2. This ordinance shall be cumulative, supple-
mental and in addition to any presently existing City Code
provision or ordinance or any law of any nature whatsoever
which may have similar, like or overlapping provisions and
which may be available for use by the City.
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. The requirement of reading this ordinance on
two separate days is hereby dispensed with by a vote of not
less than four -fifths of the members of the Commission.
PASSED AND ADOPTED this 74t.1h day of _ jul3 , 1980.
—_Maurice A. Ferre
MAURICE A. FERRE
M A Y O R
PH G. ONGIE, CITY CLER
PREPARED AND APPROVED BY:
ROBERT F. CLARK
ASSISTANT CITY ATTORNEY
APPjteMED AS TO ORM D CORRECTNESS:
_ GEORC4 F. KNOX,, JR.\ CITY ATTORNEY
-2-
9143
OF FLORIDAs.•, ,.
-(r( MInMFLORIDA ,f I
Honorable Members of the July 14, 1980
City Commission " "'-e
Prosecution of Prostitution
Geor? F. Knox' Jr. 4 + t. ,• City Commission Agenda
City OAttorney 7/24/80
`NC.L,_-, L i
Because of problems encountered in the successful enforc-
ement of the City Code concerning prostitution and related
offenses, we have drafted the proposed ordinance at the
request of the Police Department and are herewith recom-
mending its adoption.
GFK/RFC/rr •
cc: Joseph R. Grassie
City Manager
Chief Kenneth I. Harms
Miami Police Department
r
9143
MIAMI REVIEW
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 ap-
peared Becky Caskey, who on oath says that she is the
Assistant Director of 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 9143
in the X X X
_ .. . ........ Court,
was published in said newspaper in the issues of
July 30, 1980
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, Sun-
day 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 person, firm or corpora-
tion any discount, rebate, commission or refund for the
purpose of securing this advertisement for publication
in the s ' newspa _
OF
"
54or and subs ri
fore this
3 Of 3'. ..
A.0 19.....80
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beyre
Nofa Sle Florida a Large
(SEAL)
My Commission 1982.
M R -67.1
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L,+., ;, .....
City of w-11arni,Fla,
CITY OF MIAMI,
DADE COUNTY, FLORIDA
LEGAL NOTICE .
All Interested will take notice that on the 24th deli Of 161y 1"0, the
City Commission of Miami, Florida passed and adopted the following
titled ordinance:
ORDINANCE NO: 0143 tlivc "
AN ORDINANCE AMENDING SECTION 3845OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AD-
DING A NEW SUBSECTION 1 THERETO CONTAINING
DEFINITIONS THEREIN; AND BY PROVIDING THAT THE
OFFER TO COMMIT OR TO COMMIT OR TO ENGAGE IN
LEWDNESS OR ASSIGNATION CONSTITUTE VIOLATIONS
OF THE CODE; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE; AND DISPENSING WITH
THE REQUIREMENT OF READING SAME ON TWO
SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -
FIFTHS OF THE MEMBERS OF THE COMMISSION.
RALPHC ONGIE
CITY
nn? CITY CLERK
CITY OF MIAMI, FLORIDA
Publication of this Notice on the 30 day of July 1980
7130 M111"73049
1