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Home My WebLink AboutO-08811At*fe b/8/7$ FLORIDA: Section 38-45, as amended,is hereby further amended as follows: "Section 38-45. Prostitution, etc., -- Additional prohibited actions. (a) * * * * ORDINANCE NO. 8811 AN ORMANCE AMENDING SECTION 38-4S Off` THE CdbE OE THE CITY OP MIAMI. FLORIDA. AS AMENbfb, CREATING A NEW bEFINITION ?OR "f<NOWN PROSTITUTE OR PANbERER" BY PROVIbINO THAT A "KNOWN PROSTITUTE oP PANbERER" AS USED IN THIS SECTION SHALL MEAN ANY PERSON, WHO WITHIN ONE YEAR PREVIOUS To THE ARREST FOR A VIOLATION OP THIS SECTION, HAS WITHIN THE T{NOWLEbOt OF THE ARRESTING o?FICER BEEN CONVICTfb FOR A VIOLA- TION OF THE PROVISIONS OF THIS SECTION OR HAS BEEN CGNVICTEb FOR VIOLATION Or ANY OTHER MUNICIPAL ORDINANCE, COUNTY ORDINANCE OR STATE STATUTE WHICH PROSCRIBES THE ACTIVITIES ENUMERATEb,IN THE PROVISIONS oP THIS SECTION; 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 FOURFIFTHS OF THE MEMBERS OF THE COMMISSION; CONTAINING A SEVERABILITY PROVISION. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, Section 1. The Code of the City of Miami, Florida, 1/ * (1) Among the elements which may be considered by a police officer in determining that a person has com- mitted, is committing, or is about to commit a viola- tion of this section are: 1. That such person is a known prostitute or panderer. 2. That 'known 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 convicted for violation of the provisions of this section or has been convicted for violation of any other Municipal Ordinance, County Ordinance or State Statute which proscribes the activities enumerated in the provisions of this section. 1/ Underscored words constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material, 31 4, 5% *it 8eotidn 2. This ordinance shah be cumulative* supple- mental and in addition to any presently existing City Code provision or ordinance of any law of any nature whatsoever which may have similar, like or overlapping provisions and which may be available for tie by the City, Section 3. If any section, sentence, clause, phrase or Word of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding or invalidity shall not affect the remaining 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, or inoperative part therein, and the remainder of this ordinance shall be deemed 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 preserva- tion 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 a vote of not less than four -fifths of the members of the Commission. PASSED AND ADOPTED BY TITLE ONLY thisl3th day of , 1978. June MAURICE A. FERRE, MAYO R 7/7, c.ce) PH G. ONGIE, CITY CLERK PREPARED AND APPROVED BY: APPROVED AS TO FORM AN! _ORRECTNESS ei.61,t eg.ti( ROSERT F, CTARK ASSISTANT CITY ATTORNEY GEOR F. KNOX, JR, CIT. TTORNEY t, tlittph [I. tingle, Ctetk of the City of i. i~tt4 heteby re t gt t►.i t1tti y • r A. b. I. ^ tu: , an. . - ; • . 1 notie 5 uli., r sib t i • y tc! the. pia‘,. 1 t-v:..:, the,e,or. WITNESS my h,u ,rn4 olliei ; y.. gity, this.,J)5 day ot_ ...,, A. 19,0,.7.0 Rbft: r8 6/6/T8 FLORIDA: ORDINANCE NO. 8811 AN ORDINANCE AMENDING SECTION 38-45 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, CREATING A NEW DEFINITION FOR "KNOWN PROSTITUTE OR PANDERER" BY PROVIDING THAT A "KNOWN PROSTITUTE OR PANDERER" AS USED IN THIS SECTION SHALL MEAN ANY PERSON, WHO WITHIN ONE YEAR PREVIOUS TO THE ARREST FOR A VIOLATION OF THIS SECTION, HAS WITHIN THE KNOWLEDGE OF THE ARRESTING OFFICER BEEN CONVICTED FOR A VIOLA- TION OF THE PROVISIONS OF THIS SECTION OR HAS BEEN CONVICTED FOR VIOLATION OF ANY OTHER MUNICIPAL ORDINANCE, COUNTY ORDINANCE OR STATE STATUTE WHICH PROSCRIBES THE ACTIVITIES ENUMERATED IN THE PROVISIONS OF THIS SECTION; 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 PROVISION. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, Section 1. The Code of the City of Miami, Florida, Section 38-45, as amended,is hereby further amended as follows: 1/ "Section 38-45. Prostitution, etc., -- Additional prohibited actions. * * * * * (a) (1) Among the elements which may be considered by a police officer in determining that a person has com- mitted, is committing, or is about to commit a viola- tion of this section are: 1. That such person is a known prostitute or panderer. 2. That 'known 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 convicted for violation of the provisions of this section or has been convicted for violation of any other Municipal Ordinance, County Ordinance or State Statute which proscribes the activities enumerated in the provisions of this section. 1/ Underscored words constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted -and unchanged material. 1 3 4. Si 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. If any section, sentence, clause, phrase or word of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding or invalidity shall not affect the remaining 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, or inoperative part therein, and the remainder of this ordinance shall be deemed 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 preserva- tion 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 a vote of not less than four -fifths of the members of the Commission. PASSED AND ADOPTED BY TITLE ONLY this13th day of , 1978. Jame kAURICE A. FERRE, MAYOR C5770:) PH G. ONGIE, CITY CLE PREPARED AND ) PPROVED BY: ROBERT P. CLAP.): -ASSISTANT CITY ATTORNEY ORNEY APPR CI D AS TO FORM i ORRECTNESS:. a-x F. KNOX, JR. ORNEY Mita- EP m mm reo ma mu ME▪ M sa▪ a ETEW MEW aU ENE BREW MEM mmm mmu mmm mmu mmm mmu MMik mm m- ma mmw mwe 10 immm Manta moW NEK MOAT MUW NEW