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Home My WebLink AboutMemorandumCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Victoria Mendez, City Attorney3 DATE: April 11, 2024 RE: Code Amendment — February 28, 2024 Proposed Ordinance amendment repealing Section 37-8 of the Code of the City of Miami, Florida, as amended. File No.: 15556 The attached proposed Ordinance seeks to repeal Section 37-8 of the Code of the City of Miami, Florida ("City Code"). The proposed repeal is consistent with a non - monetary term that appears in a settlement agreement to resolve the matter of Willie White vs. City of Miami, pending in the United States District Court for the Southern District of Florida, Case No.: 23-CV-24783-FAM. A state appellate court, in a prior action, determined that Section 37-8 of the City Code is unconstitutional. The Office of the City Attorney has investigated and evaluated this case and recommends repealing Section 37-8 of the City of Miami Code of Ordinances. Attachment(s) cc: Arthur Noriega, V, City Manager Miriam Santana, Agenda Coordinator VM/KRJ/BC City of Miami File ID: 15556 (Revision: A) Printed On: 4/22/2024 City of Miami Legislation Ordinance Enactment Number: 14264 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15556 Final Action Date:4/11/2024 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 37 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "OFFENSE MISCELLANEOUS," TO REPEAL SECTION 37-8, TITLED "PANHANDLING PROHIBITED IN CERTAIN AREAS," IN ITS ENTIRETY; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Willie White ("Plaintiff") and the City of Miami ("City") are engaged in litigation in United States District Court for the Southern District of Florida, Case No. 23-CV- 24783-FAM, concerning the constitutionality of Plaintiff's arrests under Section 37-8 of the Code of the City of Miami, Florida, as amended ("City Code") for panhandling in certain zones; and WHEREAS, The City Attorney's Office investigated these claims, the existing caselaw, and the lawsuit pursuant to Sections 18-221 through 18-232 of the City Code, and recommends that Section 37-8 of the City of Miami Code of Ordinances be repealed; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 37 of the Code of the City of Miami, Florida, as amended, is amended in the following particulars:I "CHAPTER 37 OFFENSES -MISCELLANEOUS Sec. 37-8. Reserved. Panhandling prohibited in certain areas. {a) Purpose. The purpose of this section is to regulate and punish acts of panhandling or solicitation that occur at locations specified herein. The purpose of this section is not to punish the status or condition of any person. Regulation is required because panhandling in certain or as thr atcns the cconomic vitality of those areas, impairing the city's long term goals of attracting citizcns, busincsccs and tourist to these certain areas and, consequently, the city overall. The city has substantial interests in protecting the city's investment in certain areas, economy. The regulations in this section further these substantial interests: This section is not intended to proscribe any demand for payment for services rendered or goods delivered. Nor is 1 Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami File ID: 15556 (Revision: A) Printed On: 4/22/2024 this section intended to prohibit acts authorized as an exercise of a person's constitutional right to legally picket, protest or speak. generally described as follows: N. Bayshore Drive from NE 13th Street to NE 15th Street Biscayne Boulevard from Biscayne Boulevard Way to NE 15th Street SE/NE 3rd Avenue from Biscayne Boulevard Way to NE 1st Street SE/NE 2nd Avenue from Biscayne Boulevard Way to NE 15th Street NE 1st Court from NE 12th Street to NE 11th Street SE/NE 1st Avenue from SE 3rd Street to NE 11th Street South/North Miami Avenue from Broadway to NE/NW 1st Street North Miami Avenue from NE/NW 7th Street to NE/NW 8th Street North Miami Avenue from NE/NW 10th Street to NE/NW 11th Street NW Miami Co art from agier Street to NE l st Street, East h y NW 1st Avenue from NW 1st Street to NW 3rd Street NW 2nd Avenue from Flagler Street to NW 1st Street Brickell Avenue from SE 8th Street to the South side of the Miami River Bridge SE/SW 10th Strcct from Brickcll Avcnuc to SW 1 st Avcnuc SE/SW 9th Strcct from Brickcll Plaza to SW 1 st Avcnuc Biscayne Boulevard Way from Biscayne Boulevard to SE 2nd Avenue SE 3rd Street from Biscayne Boulevard to SE 2nd Avcnuc SE/SW 2nd Street from Biscayne Boulevard to SE 1 st Avenue SE/SW 1 st Strect from Biscayne Boulevard to SW 1 st Avcnuc Flagler Street from Biscayne Boulevard to NW Miami Court Flagler Street from NW Miami Court to NW 1 st Avenue, South half only Flagler Street from NW 1st Avenue to NW 2nd Avcnuc NE 1st Street from Biscayne Boulevard to NW Miami Court NE 1 st Street from NW Miami Court to NW 1 st Avenue, North half only NE 1st Street from NW 1st Avcnuc to NW 2nd Avenue City of Miami File ID: 15556 (Revision: A) Printed On: 4/22/2024 NE 2nd Street from Biscayne Boulcvard to NE 1stAvcnuo NE 3rd Street from Biscayne Boulcvard to NE 1stAvcnuo N€ 4th Street from Biscyne Boulevard to NE 2nd 4vvenue NE 5th Street from Biscayne Boulcvard to NE 1stAvcnuc NE 6th Street from Biscayne Boulcvard to NE 1stAvcnuc NE 7th Street from Biscayne Boulevard to North Miami Avenue NE 8th Street from Biscayne Boulevard to North Miami Avenue NE 9th Street from Biscayne Boulcvard to NE 1stAvcnuc NE 10th Street from Biscayne Boulevard to North Miami Avenue NE 11th Street from Biscayne Boulevard to North Miami Avenue NE 12th Street from Biscayne Boulcvard to NE 1stAvcnuc NE 13th Street from the Macarthur Causcway to NE 1stAvcnuo NE 1/Ith Street from N Bayshore Drive to North Miami Avenue NE 1/Ith Terrace from N Bayshore Drive to Biscayne Boulevard NE 15th Street from N Bayshorc Drivc to NE 2nd Avcnuc All public streets indicated in this boundary shall include the entire width of the public right of way unle-s otherwise specified. district. $100.00 and 30 days imprisonment; second and subsequent violations shall be punishable by a fine of not more than $200.00 and 60 days imprisonment. (e)Alternative programs. Nothing herein shall limit the discretion of the police, court personnel, and judgcs from rcfcrring individuals suspcctcd, charged, or convicted of a violation of this provision to treatment programs or facilities as an alternative to prosecution or imprisonment, shall include, but not be limited to, the Miami Dade County Homele-sAssistance Project. *„ Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. City of Miami File ID: 15556 (Revision: A) Printed On: 4/22/2024 Section 4. This Ordinance shall become effective immediately after final reading and adoption.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey 2/12/2024 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein. whichever is later. City of Miami File ID: 15556 (Revision: A) Printed On: 4/22/2024