HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez, City Attorney
DATE: June 17, 2025
RE: Code Amendment — June 12, 2025
Proposed Ordinance amendment repealing Section 37-6 of the Code of
the City of Miami, Florida, as amended.
File No.: 17700
The attached proposed Ordinance seeks to repeal Section 37-6 of the Code of the City
of Miami, Florida ("City Code"). The proposed repeal will avoid unnecessary and costly
litigation regarding the constitutionality of the ordinance.
The Office of the City Attorney has evaluated the matter and recommends repealing
Section 37-6 of the City of Miami Code of Ordinances.
Attachment(s)
cc: Arthur Noriega, V, City Manager
Miriam Santana, Agenda Coordinator
GKW/JCP
City of Miami File ID: 17700 (Revision:) Printed On: 8/22/2025
City of Miami
Legislation
Ordinance
Enactment Number: 14367
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 17700 Final Action Date:6/17/2025
AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR -
FIFTHS AFFIRMATIVE VOTE, AMENDING CHAPTER 37 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "OFFENSES -
MISCELLANEOUS," TO REPEAL SECTION 37-6, TITLED "AGGRESSIVE OR
OBSTRUCTIVE PANHANDLING PROHIBITED," IN ITS ENTIRETY; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, it is found that repealing Section 37-6 of the Code of the City of Miami,
Florida ("City Code") will avoid unnecessary and costly litigation regarding the constitutionality of
the ordinance; and
WHEREAS, such risk of costly litigation regarding Section 37-6 of the City Code (the
"Ordinance") significantly outweighs the benefits of maintaining the Ordinance particularly given
the existence of other criminal statutes that aid in avoiding the escalation and dangers
associated with aggressive panhandling; and
WHEREAS, pursuant to Section 166.041(3)(b), Florida Statutes, the City Commission
finds that this emergency ordinance is necessary on the grounds of an urgent need for the
continuity of services for City residents and for the preservation of health, safety, welfare, or
property of the public;
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. By a four -fifths (4/5ths) affirmative vote, Chapter 37 of the City Code is
hereby amended by repealing Section 37-6 of the City Code in its entirety, and in the following
particulars:'
"CHAPTER 37
OFFENSES -MISCELLANEOUS
Sec. 37-6. Aggressive or obstructive panhandling prohibited. Reserved.
{a) Definitions. As used in this section, the following words and terms shall have the following
rneanings:
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: 17700 (Revision:) Printed On: 8/22/2025
Aggressively beg means to beg with the intent to intimidate another person into giving
men-ey or goods.
Beg means to ask or solicit for money or goods as a charity, whether by word, bodily
gestures, signs, or other means.
Intimidate means to engage in conduct which would make a reasonable person fearful or
feel compelled to react. Among the circumstances which may be considered in determining
whether the conduct is intended to intimidate another person into giving money or goods are:
{�} Touching the person solicited;
{2) Following the person solicited, or persisting in begging after the person solicited has
declined the request;
{3) Using profane or abusive language toward the person solicited; or
{4} Using violent or threatening gestures toward the person solicited.
Obstruct pedestrian or,Ivehicular traffic means to walk, stand, sit, lie, or place an object in
or a drive- of a vehicle to take -unreasonable evasive ac n to avn ysiGal contac -GZfP �P TQi� lTG'AT� F �. R� Tr -
Public place means an area generally visible to public view and includes alleys, bridges,
buildings, driveways, parking lots, parks, plazas, sidewalks and streets open to the general
entrances to buildings or dwellings and the grounds enclosing them.
which it is traveling to change lanes, to straddle lanes, or to enter onto a swale to obtain
passage; it also means causing a pedestrian to leave the sidewalk or to make contact with a
wall or fence bordering the sidewalk.
{b) Prohibited acts. It shall be unlawful for a person to intentionally:
{1) Aggre-sively beg; or
{2) Obstruct pedestrian or vehicular traffic while begging.
(c) Permitted activities. Acts authorized as an exercise of one's constitutional rights include
which do not constitute obstruction of pedestrian or vehicular traffic.
(d) Penalties. The first violation of this provision shall be punishable by a fine of not more than
$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 suspected, charged, or convicted of a violation of this
provision to treatment programs or facilities as an alternative to prosecution or
imprisonment provided that the individual fr„cscnts. For homcic-s individuals, such
alternative programs shall include, but not be limited to, the Miami Dade County Homcics
A-sistance Project.
*„
City of Miami File ID: 17700 (Revision:) Printed On: 8/22/2025
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.
Section 4. This Ordinance shall become effective immediately after final reading and
adoption.2
APPROVED AS TO FORM AND CORRECTNESS:
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: 17700 (Revision:) Printed On: 8/22/2025