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HomeMy WebLinkAboutO-08230FHW:nla 2-1-74 ORDINANCE NO. 8230 AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI BY REPEALING SECTION 38-45 AND SUBSTITUTING A NEW SECTION 38-45 PROHIBITING THE COMMISSION, OFFERING TO COMMIT SOLICITATION, INDUCEMENT, ENTICEMENT OR PROCUREMENT OF ANOTHER TO COMMIT PROSTITUTION, LEWDNESS OR ASSIGNATION; FURTHER PRO- HIBITING THE DIRECTION, TRANSPORTATION, OR AGREEMENT TO TRANSPORT ANY PERSON FOR THE PURPOSE OF PROSTITUTION, LEWDNESS OR ASSIGNATION; FURTHER PROHIBITING THE MAINTENANCE OF ANY PLACE, STRUCTURE, BUILDING OR CONVEYANCE OR THE RECEPTION OR OFFER OR AGREEMENT TO RECEIVE ANY PERSON INTO ANY PLACE, STRUCTURE, BUILD- ING OR CONVEYANCE FOR THE PURPOSE OF PROSTITUTION, LEWDNESS OR ASSIGNATION: FURTHER PROHIBITING THE USE OF ANY PLACE, STRUCTURE, BUILDING, OR CONVEYANCE FOR THE PURPOSE OF PROSTITUTION, LEWDNESS, OR ASSIGNATION; FURTHER PROHIBITING AIDING, ABETTING OR PARTICIPATING IN THE DOING OF ANY OF THE ACTS PROHIBITED; PROVIDING FOR THE PUNISHMENT FOR VIOLATION OF THE ORDI- NANCE: FURTHER PROVIDING FOR MANDATORY SENTENCE TO CONFINEMENT AND MINIMUM FINES FOR THE FIRST, SECOND AND SUBSEQUENT VIOLATIONS OF THIS ORDINANCE; FURTHER PROVIDING THAT A CERTIFIED COPY OF A JUDGMENT OF CON- VICTION SHALL BE PRIMA FACIE EVIDENCE OF SUCH PRIOR CONVICTION; FURTHER PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE, SUPPLEMENTAL AND IN ADDITION TO ANY PRESENTLY EXISTING PROVISIONS; CONTAINING A SEVERABILITY PROVISION; 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-FIFTHSOF THE MEMBERS OF THE COMMISSION. WHEREAS, the crime of prostitution has become all too common within the City of Miami; and WHEREAS, prostitution is frequently allied with numerous other offenses, including, but not limited to, mugging, blackmail, larceny, assault, and other crimes of violence; and WHEREAS, prostitution is a hazard to the health, welfare and morals of the City of Miami; and WHEREAS, a stronger Ordinance is necessary to combat the problems presented by prostitution and the activities as- sociated with it; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Code of the City of Miami is hereby amended by repealing Section 38-45, entitled Prostitution -- Inducing Others to Prostitution and substituting therefor a new Section to read as follows: "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 or 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 prosti- tution, lewdness or assignation. 2 (e) To keep, set up, maintain or operate ar?y place, structure, buildings, or coi?- v`yance for the purpose. of leviness, as- signation or prostitution. (f) To receive or offer or agree to re- ceive 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, structure or building or to enter into or remain in any conveyance for the purpose of prostitution, lewdness or assignation. (h) To aid, abet or participate in the doing of any of the acts or things enumerated in this Section. (i) Any person who shall violate any provision of this Ordinance shall, upon conviction there- of, be punished by a fine of not more than $500.00 or imprisonment for not more than sixty (60) days or both, such fine and imprisonment in the discretion of the Judge. (j) Any person who shall be found guilty of violating any provision of this Ordinance shall be sentenced to on first conviction not less than fifteen days and $200.00; up- on second conviction not less than thirty days and $500.00; and upon third and subse- quent convictions not less than sixty days and $500.00. (k) For the purpose 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, supple- mental and in addition to any presently existing City Code pro- vision or Ordinance cr any law of any nature whatsoever which 3 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 in- validity shall not affect the remaining portions of this Ordi- nance, and it shall be construed to have been the intent of the Commission of the City of Miami to pass this Ordinance without such unconstitutional, invalid, or inoperative part therein, and the remainder of this Ordinance, after the exclusion of such part or parts 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 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 F,tl, day of February , 1974. ATTEST: H.D. SOUTHERN CITY CLERK MAURICE A FERRE MAYOR 6 PREPARED AND APPROVED BY: VIIXNK }1i WESTON ASSISTANT CITY ATTORNEY APPROVED AS TO VORM AND CORRECTNESS: / //) _ _ _ „_• / if q WIN 8 6 LLOYD * CXY ATT060EY 1111110111111110111111111111M MiAMI R "Vii :W ANb bAtL.? REcORb Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida StAtE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally ap. peered Ruth Olatter, who on oath says that she is Assistant to the Publisher of the Miami Review and Deity Record, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published et Miami In Dade County, Florida; that the attached copy of adver- tisement, being a Legal Advertisement or Notice In the matter of City of Miami, Florida Re: Adoption of Ordinance No. 8230 in the XXX Court, was published in said newspaper In the issues of February 12, 1974 Affiant 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 news. paper 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 mall 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 purpose of securing this advertisement for publication in the said newspaper, )• r t ( ( Cc Sworn to and subscribed before me this 12th day of ... February i.e. 19 74 Marjorie T. Smith Notary Public, State of Florida at Large. (SEAL) My Commission expires September 1, 1977. CM' .()1 1ii:131). PANE ('Oi'NTY', ,FLONIIIA t,EG.tr, :(OV('F .\II interested will tnl:c n, fir•c that on the 6th day of Febru:rrv, 1974. the Commission of the Cit•: of Miami. Florida adopted ar. urdinance entitled - AN ORDINANCE AMEND - IN(; THE CODE OF THE •CITY OF MIAMT BY RF PP.\LI\G SECTION 3R-i5 AND SURST1TUTING A NE\\' SECTION aR-45 PT10- TiIBITIN(; THE C(:\1AiIS- SioN, OFF'F:RTN(; TO \1 IT PROSTITUTION, INDUCEMENT, ENTICE- MENT OR P•R'OC'URE- NEXT OF ANOTHER TO COMMIT PROSTITUTION. LEWDNESS OR ASSIGNA- TION: FURTHER PRO- HIRITING THE DIREC- TION. TRANSPORTATION. OR AGREEMENT TO TRANSPORT ANY PERSON FOP. THE PURPOSE CIF •PROSTITUTION. LEWD- NESS OR ASSi(;NATION: FURTHER PROHIBITING THE MAINTENANCE OF 'ANY PLACE. STRl'CTL'RE, 'Rt'ILDiNG OR CON\'F:V- ANCE OR THIE RECEP- TiON OR OFFER OR 'AGREEMENT- TO RECEIVE ANY PERSON INTO ANY PLACE. ST11UCTI'RE. BUILDING OR CONVEY- AN('E FOR THE PURPOSE OF PROSTITUTION. LEWD- NESS C.•1l ASSIGNATION: d'T'RTRER PROTTT)ITTINI '1'IIF: U.iL OF ANY PLACE. •s-rRt'CTl'RF:, I:1'11J)TNi;. on CONVEYANCE FOR TiIE PURPOSE. OF I'RO- STITUTION. LEWDNESS. oil ASSIGNATION; F'UR- '1'HF.R PROHIBITING .\ID- 1Ni;. ABETTING OF PAR- TI':SJ'ATIN(; IN TiiF: DOING OF ANY OF THE ACTS 1'11('1111:ITED: P110- VIDINt; 1" It THE i'1'Niili- \iENT F'on VIOLATION OF THE ORDINANCE: FUR- THER PROVIDING FOR MANDATORY SENTENCE TO CONFINEMENT AND MINIMU\1 EINE Volt THE SECONI) AND ,l713- SEQUENT ViOLAT1(:NS OF T1ili ORDINANCE; FUR- THER PROVIDING THAT A C'ERTiFiED COPY OF A JUD(;MENT OF CON- VICTION SHALL BE PRIMA FACIE EVIDENCE OF SUCH PRiOR CONVIC- TION: FU'RTiHER PROVID- ING THAT THIS X A'N (' E SITALL RE ('t'MULATIVE. SUPPLE- MENTAT AND IN .1DDI- TiON TO ANY PRESENTLY EXISTING PROVISIONS: CONTAINING A SEVER- .\I11LiTY PROVISION: DE- CLARING TI(IS ORDI- NANCE TO BE AN E\iERGENCY MEASURE: DISPENSING \VITII TILE REQUIREMENT OF READ- ING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN POUIl-F'JFTIIS OF THE ME\1RERS OP TIIE COMMISSION. a•Llrl, is di'.Ii;n:(led Ordiu:,mve No. 8230. II. D. SOUTIIERN CITY CLERK CITY OF MIAMI. FLORIDA Pul.11,atl 'n , f this nit!, Ihr 111t1i clay of F't•l lii rv. Ifi:1 2/12 Ad ?:, . 2,1:192 ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI BY REPEALING SECTION 38-45 AND SUBSTITUTING A NEW SECTION 38-45 PROHIBITING THE COMMISSION, OFFERING TO COMMIT SOLICITATION, INDUCEMENT, ENTICEMENT OR PROCUREMENT OF ANOTHER TO COMMIT PROSTITtTrION, LEWDNESS OR ASSIGNATION; FURTHER PRO- HIBITING THE DIRECTION, TRANSPORTATION, OR AGREEMENT TO TRANSPORT ANY PERSON . FOR THE PURPOSE OF PROSTITUTION, LEWDNESS OR. ASSIGNATION; FURTHER PROHIBITING THE -s-y4 MAINTENANCE OF ANY PLACE, STRUCTURE, BUILDING.-,OW:CONVEYANCE'. OR:-.THETRECEPTION OR. OFFER *OR AGREEMENT_ TO RECEIVE ANY; PERSON INTO ANY PLACE, STRUCTURE, BUILD- ING: OR CONVEYANCE FOR THE PURPOSE OF PROSTITUTION, LEWDNESS OR ASSIGNATION: FURTHER PROHIBITING THE USE OF ANY PLACE, STRUCTURE, BUILDING, OR CONVEYANCE FOR THE PURPOSE OF PROSTITUTION, LEWDNESS, OR ASSIGNATION; FURTHER PROHIBITING AIDING, ABETTING OR PARTICIPATING IN THE DOING OF ANY OF THE ACTS PROHIBITED; PROVIDING FOR THE PUNISHMENT FOR VIOLATION OF THE ORDI- NANCE: FURTHER PROVIDING FOR MANDATORY SENTENCE TO CONFINEMENT AND MINIMUM FINES FOR THE SECOND AND SUBSEQUENT VIOLATIONS OF THIS ORDINANCE; FURTHER PROVIDING THAT A CERTIFIED COPY OF A JUDGMENT OF CON- VICTION . SHALL BE PRIMA FACIE EVIDENCE OF SUCH PRIOR CONVICTION; FURTHER PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE, SUPPLEMENTAL AND IN ADDITION TO ANY PRESENTLY EXISTING PROVISIONS; CONTAINING A SEVERABILITY PROVISION; 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. WHEREAS the crime of prostitution has become all too common within the City of Miami; and WHEREAS, prostitution is frequently allied with numerous other offenses, including, but not limited to, mugging, blackmail, larceny, assault, and other crimes of violence; and AREAS, prostitution is a hazard to the health, welfare and morals of the City of Miami; and WHEREAS, a stronger Ordinance is necessary to combat the problems presented by prostitution and the activities as- sociated with it; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Code of the City of Miami is hereby amended by repealing Section 38-45, entitled Prostitution Inducing others to Prostitution and substituting therefor a new Section to read as follows: "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 or assignation. o (c) oforrtheanother purp se ofoffer prostitutiontorsecure another 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 prosti- tution, lewdness or assignation. (e) To keep, set up, maintain or operate any place, structure, building, or con- veyance for the purpose of lewdness, as- signation or prostitution. (f) To receive or offer or agree to re- ceive 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, structure or building or to enter into or remain in any conveyance for the purpose of prostitution, lewdness or assignation. (h) To aid, abet or participate in the doing of ,any of the acts or things enumerated in this Section. (i) Any person who shall violate any provision of this Ordinance shall, upon conviction there- of, be punished by a fine of not more than $500.00 or imprisonment for not more than sixty (60) days or both, such fine and imprisonment in the discretion of the Judge. (j) Any person who shall be found guilty of violating any provision of this Ordinance who has previously been convicted of violat- ing any provision of this Ordinance shall, upon such second conviction, be sentenced to not less than ten (10) days confinement and a fine of $200.00; upon the third and each subsequent such conviction, the punishment shall be not less than thirty (30) days con- finement and a fine of $300.00. (k) For the purpose 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, supple- mental and in addition to any presently existing City Code pro- vision or Ordinance or any law of any nature whatsoever which �IlailLIMINOMR111 hi.1111+.++++10•.e.e+n+ 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 in- validity shall not affect the remaining portions of this Ordi- nance, and it shall be construed to have been the intent of the Commission of the City of Miami to pass this Ordinance without such unconstitutional, invalid, or inoperative part therein, and the remainder of this Ordinance, after the exclusion of such part or parts 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 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 Pour -fifths of the members of the Commission. PASSED AND ADOPTED BY TITLE ONLY this day , 1974. of ATTEST: MAYOR PREPARED AND APPROVED BY: FRANK H. WESTON ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: 7JOHN S. LLOYD - CITY ATTO Y 5