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Home My WebLink AboutO-08994ORDINANCE NO. 5994 AN ORDINANCE ASSESSING FEES TO DEFRAY THE ADMINISTRATIVE COSTS INCURRED BY THE CITY IN PROVIDING SPECIAL OFF -DUTY POLICE SERVICES TO PERSONS OR BUSINESSES REQUEST- ING SUCH SERVICES; CONTAINING A REPEALER PROVISION &ND A SEVERABILITY CLAUSE. WHEREAS, police officers in Florida are empowered to act within the scope of their employment on a 24-hour basis; and WHEREAS, off -duty City police officers receive authoriza- tion from the Chief of Police to provide exceptional and non - routine law enforcement services to persons or businesses re- questing such special service; and WHEREAS, these special services are vital to the community but do not serve the needs of the community as a whole; and WHEREAS, the costs of these services are now borne by the persons contracting for off -duty police services; and WHEREAS, the City of Miami incurs costs in the administra- tion of these services for uniform depreciation and for self- insurance liabilities; and WHEREAS, the aforesaid administrative costs which are incurred by the City are not now borne by the persons contract- ing for off -duty police services; and WHEREAS, the Attorney General of the State of Florida has rendered an opinion that State Statutes require all costs incurred by the public sector to be borne by the private sector for special off -duty police service, NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Chief of Police or his designee shall cause the requests for off -duty special police officers to pro- vide special services to persons or businesses requesting the same to be evaluated on the basis of the reasonableness thereof including in such evaluation the factors of existing laws, ordinances, rules and regulations, personnel scheduling availability, risk of harm to personnel, and police department efficiency. Section 2. All police officers of the City of Miami shall be deemed to be acting within the scope of their employment when wearing the police uniform and performing off -duty special police duties which have been authorized hereunder by the Chief of Police or his designee. Section 3. As a fee payable to the City for the costs of administering the herein special services program, the Chief of Police shall cause to be collected and shall establish procedures for the collection of a sum of five (5) dollars for one police officer, for one day for one location. Multiple police officers, days or locations shall be assessed on a per man, per job, per day basis for special off -duty police services performed under contract with private persons or firms. Section 4. This fee shall be in addition to any special assessments which may be required for motorcycle escorts and shall be in additionto the hourly compensation rate payable to the individual sworn police officer. Section 5. The monies received hereunder by the City of Miami shall be placed in the General Fund. Section 6. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this ordinance are hereby repealed. Section 7. 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. PASSED ON FIRST READING BY TITLE ONLY this 27th day of SEPTEMBER , 1979. - 2 11.41/1 8994 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 17th day of October , 1979. ATTEST: 02- RALPG. ONGIE, CITY CLERIC PREPARED AND APPROVED BY: Ig4J ✓ 'ela4fIC ROBERT F. CLARK ASSISTANT CITY ATTORNEY APPR GEOR CITY A AS TO FORM AND CORRECTNESS: KNOX RNEY - 3 Maurice A. Ferre MAYOR 8994 TO Joseph R. Grassie City Manager fT EJL4U' cam►'. )44.4441 Kenneth I. Harms PROMS Chief of Police CITY H1AM1. L:`•iI ?� September 13, 1979 ILE: LL'G 7-2 x ORG 3-3-2 Surcharge Ordinance for Off Duty Police Officers The attached ordinance, which I am recommending, is submitted for your review and inclusion on the agenda of the City Commission at the meeting on September 27, 1979. This ordinance will establish an assessment for off duty police services performed under contract with private persons or firms. The charge will be five dollars ($5.00) for one police officer for one day for one location. The following is provided as background information to the proposed ordinance: The Florida Attorney General has rendered an opinion that State Statutes require all costs incurred by the public sector be borne by the private sector for special off duty police service. The five dollars assessment will cover the cost to the Police Depart- ment to administer the off duty police officer special service program. Police Department costs include coordination of private requests for off duty officers, scheduling officers, uniform de- preciation and self-insurance liabilities. This assessment will be in addition to the present five dollars charge for off duty hiring of police motorcycles. It would cover all off duty police special services including motorcycle escorts. Revenues predicted for 1980, as a result of this proposed ordinance, would be as follows: 9,490 motorcycle escorts @$5.00 30,170 other off duty officer jobs @$5.00 TOTAL KIH:cw Ordinance attached cc: Law Department Finance Department = $,47,450 = 150',850 _ $108 ,300 8994 MIAMI REVIEW • AND GAILY ARCM • Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared 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 et Miami in Dade County, Florida; that the attached copy of advertisement, being a Leesl Advertisement or Notice in the matter of CITY OF MIAMI Re: Ordinance No. 8994 in the XXXX Court, was published in said newspaper in the issues of October 24, 1979 Aff lent 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 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 corporation any discount, rebate, commission or refund for the p se of securing this advertisement for publicatjd' n the said newspaper (SEAL) My Commission expire MR-a0 ar Rf, S`fist! fertd+�'eLta �•e vyly tome:, + MaDV LEGAL NOTICE • All interested will take notice that on the 17th day of October, 1979, the City Commission of Miami, Florida passed end adopted thi: follow- ing titled ordinance: ORDINANCE NO. e994 AN ORDINANCE ASSESSING FEES TO DEFRAY THE AD- MINISTRATIVE COSTS INCURRED BY THE CITY IN PROVIDING SPECIAL OFF -DUTY POLICE SERVICES TO PERSONS OR BUSINESSES REQUESTING SUCH SER- VICES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. RALPH G. ONGIE CITY CLERK CITY OF MIAMI, FLORIDA Publication of this Notice on the 24 day of October, 1979. 10/24 -M79-102424