HomeMy WebLinkAboutO-08808Oki eb 8808
5/ o/ a bithiNANCt NO s
AN ORDINANCE AMENtiING SECTION 18.,45 OP Ttlt;
CODS OP TRIS CITY OF MIAMI, PLORIM , AS AMENDCD,
8Y PROVtfi1Ntl THAT AN ATTEMPT TO COMMIT THt
OFFENSES PROHIBITED THEREIN SHALL tat A VIOtAtION
OP THIS SECTION: tURTHER PROVIDING THAT A POLICE
OFPIClR ENCOUNTER/NO CIRCUMSTANCES REASONABLY
INDICATING THAT A VIOLATION OS Tilts Con SECTION
HAS BEEN COMMITTED IS BEtt4C COMMITTED oR IS ABOUT
To BE coMHITTEb MAY TEMPORARILY DETAIN A SUSPECT
TO ASCERTAIN THE NATURE OF THOSE CIRCUMSTANCES;
FURTHER PROVIDING THAT No PtRSoN SHALL BE DETAINED
LONGER THAN tS REASONABLY NECESSARY TO EFFECT THE
PURPOSES OF THIS CODE SECTION; PROVIDING THAT NO
PERSON SHALL BE ARRESTED UNDER THIS CODE SECTION
UNLESS PROBABLE CAUSE FOR SUCH ARREST SHALL APPEAR;
FURTHER PROVIDING CERTAIN ELEMENTS WHICH MAY BE
CONSIDERED BY A LAW ENFORCEMENT OFFICER IN ENFORC-
ING THIS CODE SECTION; FURTHER RENUMBERING CERTAIN
SUBSECTIONS; FURTHER PROVIDING MANDATORY SENTENCE
TO CONFINEMENT AND MINItIUH FINES FOR VIOLATIONS
OF SAID CODE SECTION; FURTHER PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE, SUPPLEMENTAL AND
IN ADDITION TO ANY PRESENTLY EXISTING PROVISIONS;
DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE
DISPENSING WITH THE REQUIREMENT OF READING THE SAME
ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN
FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION;
CONTAINING A SEVERABILITY CLAUSE.
WHEREAS, the Constitution and statutes of Florida have
delegated Home Rule Powers to the City of Miami to exercise any
power for municipal purposes not otherwise prohibited by law; and
WHEREAS, the Charter of the City of Miami, Florida, provides,
the authority to make and enforce all ordinances necessary to carry
into effect the powers conferred by law and to provide suitable
penalties for the violation of such ordinance; and
WHEREAS, the City Commission has determined that the control
of prostitution, lewdness, and assignation is vital to maintenance
of the health, safety, welfare, and morals of the citizens of the
City of Miami; and
WHEREAS, it is the intent of the City Commission to enact
an ordinance which will be an efficacious tool in the control of
prostitution; and
WHEREAS, it is the intent of the City Commission to enact •
an ordinance with definite guidelines for law enforcement officers;
and
WHEREABi it is the it feta of tie City CaMTissidt to
pufiah attiy thase ectiitities which ate tldt otherwise protected
by law;
NOW, THEREPORE, Itlit IT bttt)AtNt O BY tilt COMM l88itN +dI Fitt
Ct!Y bi MIAMI, PLORtbAt
Section 1. The Code of the City of Miami, t'iotida,
Section 38.45 is hereby amended to read as foliowst
"Sec. 38L45, prostitution, etc. -=-Additional prohibited actions
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.
(b) To solicit, induce, entice, or procure another to
commit prostitution, lewdness of assignation.
(c) To offer another or offer or agree to secure another
for the purpose of prostitution or for any other lewd or
indecent act.
(d) To direct, take or transport or to offer or agree to
take or transport any person to any place, structure or building
or to any other place with knowledge or reasonable cause to believe
that the purpose of such directing, taking or transporting is
prostitution, lewdness or assignation.
(e) To keep, set up, maintain or operate any place, structure,
building or conveyance for the purpose of prostitution, lewdness
or assignation or to permit any person to remain there for such
purpose of lewdness, assignation or prostitution.
(f) To receive or offer or agree to receive any person into
any place, structure, building or conveyance for the purpose of
prostitution, lewdness or assignation or to permit.any'person to
remain there for such purpose.
(g) To reside in, enter into or remain in any place, struc-
ture or building or to enter into or remain in any conveyance
for the purpose of prostitution, lewdness or assignation.
(h) Whoever attempts to commit an offense prohibited by this
section and in such attempt does,any act toward the commission
of such offense, but fails in the perpetration or is intercepted
or prevented in the execution of the same, commits the offense
of criminal attempt and shall be punished as provided in sub-
section (n) hereof.
(i) Whenever any law enforcement officer encounters any
person under any circumstance which reasonably indicates that
such person has committed, is committing, or is about to commit
a violation of this section, the officer may temporarily detain
such person for the purpose of ascertaining the identity of the
person temporarily detained, and the circumstances surrounding
his or her presence abroad which led the officer to believe that
the person detained had committed, was committing, or Was about
to commit a violation of this section,
(J) Nii person shall be temporarily detained untie? the
provisions of subsection (11 heteiif longer than is teaeonabiy
necessity tti effeet the purpose cf such subsections guch
temporary detentions shall not ektend beyond the place there
it t.es first effected Of the ihfnediate vicinity thereof.
(k) if at any time after the offset of the temporary
detention authorized by subsection (i) hereof, probable
cause for attest of that person shall appear, the person
shall be arrested, if after an inquiry into the circumstances
Which prompted the temporary detention, no probable cause
for the arrest of the person shall appear, he of she shall
be released,
(1) Among the elements which may be considered by a
police officer in determining that a person has committed, is
committing, or is about to commit a violation of this section
ate:
1. That such person is a known prostitute or panderer.
2, That tknown prostitute or panderer' as used in this
subsection (1) shall mean any person, who within one year
previous to the date of arrest for violation of this section,
has within the knowledge of the arresting officer been con-
victed for violation of the provisions of this section.
3. That such person repeatedly beckons to, repeatedly
stops, repeatedly attempts to stop or repeatedly engages
any person passing by in conversation without apparent purpose.
4. That such person repeatedly stops, or repeatedly
attempts to stop, motor vehicle operators by hailing,
waving of arms, or other bodily gestures, without apparent
purpose.
5. That such activities as described above, when
observed by a law enforcement officer, taken as a whole,
led the officer to reasonably conclude, in light of his
or her experience, that a violation of this section has
been committed, is being committed, or is about to be
committed.
(m) To aid, abet or participate in the doing of any of the
acts or things enumerated in this section.
(n) Any person who shall be found guilty of violating any
provision of this ordinance shall be sentenced to on first
conviction not less than 15 days and $200; upon second convic-
tion not less than 30 days and $500; and upon thifcj and subse-
quent convictions not less than 60 days and $500.—
(o) For the purposes of this ordinance, a certified copy
of the judgment of conviction shall be deemed prima facie evidence
of each prior conviction."
Section 2. This ordinance shall be cumulative, supplemental
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 Ci. ty
r3=
/ See Florida :Stet
tes, §*775*082, 775.083
geetioh 1= tf any seetioti, sentence, clause, phrase
of word of this ordinance is for any teason held or dociared to
be unconstitutional, inoperative or void, such holding or invalidity
shall not affect the retraining portions of this ordinance, and it
Shall be construed to have been the intent of the City Commission
to pass this ordinance without such unconstitutional, invalid, of
inoperative part therein, and the remainder of this ordinance, after
the exclusion of such part or parts shall be deetned and held to be
valid as if such parts had not been included therein.
Section 4. This ordinance is hereby declared to be an
emergency measure on the ground of urgent public need for the
preservation of peace, health, safety and property in the City of
Miami.
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 BY TITLE ONLY this ,31st day of
, 1978.
May
ATTEST:
MAURICE A. FERRE, MAYO R
abV.Ce/)'
RA PH G. ONGIE, CITY CLER
PREPARED AND APPROVED BY:
iI
A
4 r.
VED AS TO FORD " CORRECTNESS:
F. KNOX,
ATTORNEY
MIAMI REVIEW
AND bMlL'Y P e1 r B
Published Daily ,scent Saturday. Sunday and
Legal Holidays
Miami. Dade County Plorida
STATE OF FI.ORIDA
COUNTY OP DADEE
Before the undersigned authority personally ap-
neared Becky Caskeywho on oath says that she i% the
Director of Legal Advertising of the Miami Review and
Dads Record, a daily ;except Saturday. S..nrtay and
Legal Holidays) newspaper. published at Miami II)
Dade County. Florida, that the attached copy of adver•
tisernentbeing a Legal Advertisernent or Notice in the
matter of
City.. ofMiami, ..P1ol'ida
ket 01U)tNANCIi_ NO.. 8808_
in the . X X :.X , .... , . Coutt.
was published in said newspaper.in the issues o1
June S, 1978:..........:................................
Atfiant further says that the said Miarni 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 8 period of one year next
Preceding the first pebtication of the attached copy of
advertisement, and atfiant further says that she has
neither paid nor promised any person. firm or corpora-
tion any discount rebate. commi”jQly r r fund tor the
purpose of securing this advagR _Nrtie ftd%br),►ication
in the slid^f••nstssei— ,ss r,ttE . S`j',,
•swQ iC. I•e/ j°°il
•
: tt0LA
S.v =• tc trjci subscribed bet e ntj
• •
Stll da 3uf'& p � r- I Ado• 19. 78.
�.sa'. r a'
',ar Ole! Vert
Notary Pubf ,,, fit, Statg'' of fr iocide .arge
ISEAL) '/ruf mittssss
My Commission expires December 18, 1981
CITY OF MIAMI, UDE COUNTY, FLORIDA
LEGAL NOTICE
All Interested will take notice that Oh the 31st day of May, 1918 the
City Commission of Miami, Florida passed and adopted the following
titled ordinahte:
ORDINANCE NO. 88011
AN ORDINANCE AMENDING SECTION 38.450F THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY
PROVIDING THAT: AN ATTEMPT TO COMMIT THE OF-
FENSES PROHIBITED THEREIN SHALL BE A VIOLATION
OF THIS SECTION; FURTHER PROVIDING THAT A
POLICE OFFICER ENCOUNTERING CIRCUMSTANCES
REASONABLY INDICATING THAT A VIOLATION OF THIS'
CODE SECTION HAS BEEN COMMITTED, IS BEING COM-
MITTED OR IS ABOUT TO BE COMMITTED MAY TEM-
PORARILY DETAIN A SUSPECT TO ASCERTAIN :THE
NATURE OF THOSE CIRCUMSTANCES; FURTHER
PROVIDING THAT NO PERSON SHALL BE DETAINED
LONGER THAN 1S REASONABLY NECESSARY TO EF-
FECT THE PURPOSES OF THIS CODE SECTION;
PROVIDING THAT NO PERSON SHALL BE ARRESTED
UNDER THIS CODE SECTION UNLESS PROBABLE CAUSE
FOR SUCH ARREST, SHALL APPEAR; ,FURTHER
PROVIDING CERTAIN ELEMENTS WHICH MAY BE CON-
SIDERED BY A LAW ENFORCEMENT OFFICER IN EN-
FORCING THIS COPE SECTION; FURTHER RENUMBER-
ING CERTAIN SUBSECTIONS; FURTHER PROVIDING
MANDATORY SENTENCE TO CONFINEMENT AND
MINIMUM FINES FOR VIOLATIONS OF SAW CODE SEC-
TION; FURTHER PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE, SUPPLEMENTAL AND IN ADDI-
TION.TO ANY PRESENTLY EXISTING PROVISIONS;
DECLARING THIS ORDINANCE TO BE AN EMERISENCY
MEASURE; DISPENSING WITH THE REQUIREMENT, OF
READING THE SAME ON TWO SEPARATE DAYS BY A..•
VOTE OF NOT LESS THAN FOUR-FIFTHS"OF THE
MEMBERS OF THE COMMISSION; : CONTAINING A.
SEVERABILITY CLAUSE.
RALPH G. ONGIE
CITY CLERK
Publication of this notice on the 5 day of June, 1978
16/5 M Mnie1
Iy1 R -58
tE0AL
SQL III; 1r41.
NOTICE
/2L JCS
Ail itteretted will take 'Made that oft the Ilftt day of May, 1978
the City Commiaaioft of Nimbi, Florida paaatd aftd adopted the bollowiftg titled
ordiftafteet
ORDINANCE NO8808
AN ORDINANCE AMENDING SECTION 38-45 OP THE
CODE OP THE C/TY OF M/AM/, PLORIDA, AS AMENDED,
BY PROVIDING THAT AN ATTEMPT TO COMMIT THE
OFFENSES PROHIBITED THEREIN SHALL BE A VIOLATION
OP THIS SECT/ON; FURTHER PROVIDING THAT A POLICE
OFFICER ENCOUNTERING CIRCUMSTANCES REASONABLY
INDICATING THAT A VIOLATION OP THIS CODE SECTION
HAS BEEN COMMITTED./5 BEING COMMITTED OR IS ABOUT
TO BE COMMITTED MAY TEMPORARILY DETAIN A SUSPECT
TO ASCERTAIN THE NATURE OF THOSE C/RCUMSTANCES;
FURTHER PROVIDING THAT NO PERSON SHALL BE DETAINED
LONGER THAN IS REASONABLY NECESSARY TO EFFECT THE
PURPOSES OF THIS CODE SECT/ON; PROVIDING THAT NO
PERSON SHALL BE ARRESTED UNDER THIS CODE SECTION
UNLESS PROBABLE CAUSE FOR SUCH ARREST SHALL APPEAR;
FURTHER PROVIDING CERTAIN ELEMENTS WHICH MAY BE
CONSIDERED BY A LAW ENFORCEMENT OFFICER IN ENFORC-
ING THIS CODE SECTION; FURTHER RENUMBERING CERTAIN
SUBSECTIONS; FURTHER PROVIDING MANDATORY SENTENCE
TO CONFINEMENT AND MINIMUM FINES FOR VIOLATIONS
OF SAID CODE SECTION; FURTHER PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE, SUPPLEMENTAL AND
IN ADDITION TO ANY PRESENTLY EXISTING PROVISIONS;
DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE;
DISPENSING WITH THE REQUIREMENT OF READING THE SAME
ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN
FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION;
CONTAINING A SEVERABILITY CLAUSE.
RALPH G. ONGIE
CITY CLERK