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Home My WebLink AboutO-08053ORDINANCE NO. AN ORDINANCE AMENDING SECTION 38.43 OP THE CODE OF. THE CITY OP MIAMI, PLORIDA, tY ZnHANGING THE TITLE TO READ "PUBLIC INTOXICATION" tY PROVIDING FOR A MAXIMUM PUNISHMENT, UPON CONVICTION Op THE BFFENSH 0P PUBLIC INTOXICATION, b?. THIRTY_ ,DO) .DAYS IMPRISONMENT AND l OR A FtN OF $ 250 ; AMINO A PROVISION p0tt MIT/OATION OP SENTENCE UPON: RECOMMENDA- TION OF THE : ALCOHOLIC REHABILITATION CENTER; AND CONTAINING A SEVEFtABILtTY PROVISION BE IT ORDAINED BY THE COMMISSION OF THE CITY: b F MI►MI , FLORIDA: Section 1. Section 38-13 of the Code of the City of Miami, ?lorida,is hereby amended to read as follows: Section 38-13. Public intoxication. Whoever shall be found in a state of intoxication in any public place shall, upon conviction, be punished by imprisonment not exceeding thirty (30) days and/or' a fine not exceeding $250. The sentence imposed by the Court may be mitigated at any time subsequent to imposition, upon recommendation of the alcoholic rehabilitation center. section 2. or word of this ordinance is; for any reason held or declared If any section, sentence, clause, phrase, 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 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_ ex�- clusion of such part or parts. sha1.1. be deemed and held to be valid as if such parts had not been included therein, PASSED AND ADOPTED 8Y TITLE ONLY thi April, 1972. PASSED AND ADOPTED ON SECOND AND FINAL ONLY thle 20th day of April, .1972, s,�;d��► of READINQ EY TITLE DAVID.. T. KENNEDY R.D. ,SOUTHERN AYON CITY ,CLERK Hot YY j�� Piii'siiYiiliiiil•�xNfi• liffxY,il. t ott til A, -A : tit; '1:5)DT 'tt. .� ii i '%'NJ i xl 'yt xl J �,, wi '.1!1't :� Vi'E �} _y.i. a. "1 i .`i t_1*-t;,iC'y ..Ltis. u1r. to Gi.'.y ., -46 r ii 1` 11i Sty 44 , l,,,v0_., 1i0 Loot. !.1 1 $6 .+.t.12�.slix i,ll.xxla�� la'1`i i xl.H\1l Uiiif l{\i ill� ,•6,..�,� ..✓ • bAbt • AliHtetesteFl,ttitt faClr. e'i5orlNe that; tin tiltff0th 'day, ttt 'Aftffl, 19i2 fh`e Cothilit ldtdo ttt !Fitt City. tit Muni "F�Iittiaa 'airs t�� ,an i:iilit;tliftt= t+hUt1t�a• A,:"t3ftbt4A f ;Aiitegt5= INo,sECt to t-38-13:ot'.fitfit••, MtAMt. _F,LORtbAt `... CIIAivof,rC:, i`1t TO ;tttAti tr0}CicA7•IOiv"; •tit'',%Ra Vtt 1 ri VOR- A: MAk11Mtt7M Pt:NiSttitt51l', ' vicTIoN : or - I tt . `g I�r'- -: 1ri+islr O1". t'ffRLIC' • O XCA iti�1, . b1' Tlithtt • •.(9t)) DAVW1M1'11.ISON= Mgisit 'AND/Ott A ri ti OF albs: Abbt:rti -, A - 1'ROi'I- sto+t 1Ott Mi rtt;AtrtoN, oF, ..,.s>;�1',C>; tiPON. SCoit, MS bATio 4, bF= TtiE COtIOLIL'','• ttE1iA13tL1TA ;1ttoN .ENT R; ^ ANb, CONTAIN1 c1 A' SEVt .tt At3TLI'rr' PRoV=IstON , which' 'Is designated Ordthance No, 8053. It b. Sottrrtt rtN ctrT CLt;Rit cI rr'oi: MtAlti, FLORIDA Puhlltntion.' of this nnttee" oti' the 2fith tiny, of April. 1972. Ad. No. 40S99. MMICW AND DAILY ACCORD Patrishtit bdilt woo 5dregdatyf Stitday etit Legal "1`Iolidety's 1Llirr bade aliftty,tia>:'tda: IfiAlt PG'5At,A eaLINft DP 'tiAbt: titan ttte trftiatitgifea ltitkdf j 1ffief'arr ape 1S the Off t ee Men&hgat til$the MIAMI Review anld Daily Record, a daily (attain Siltufassr,. Sunday 'sfitl Le"gel Fldtid6y3)itewatnitier dubiifhd it MIAMI In Dade Cotlfity Florida; that the attache® t'dpy bf a fief tlsehient,= being 6 Legal 'Advefttitutierlt ttr, Ndtice Ilt the ttiettet of Adoption of Olidinanee Noe 8033 Re ttPU11I. C INTOZCATIOt to etc, e in Mt dour!, was published in said. newspaper In the issues+Of , Apra 26, 1972 1. + Affient further says that the � .aId Miami PevieW end belly Recbtd Is a newspaper published et Mtaml, Its §aid Dade County, Florida, and that the said hews= parer has heretofore been cohtlnuousty published in said bade County Florida, each day (except Saturday, Suhday. and Legal Holidays) and has been entered as second Class !nail matter at the post office in Mien% M said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of edvertiseineht; and enfant further says that She het neither paid ,nor promised any person, firm or corporation any 'discount, rebate, comntisston OP refund for the purpose of securing this advertisement fbr publication In the said newspaper. G J•.++4, A 44 1. Swoon to and subscribed 'before me this 26th day of Apra.... ......, A.D. 19 72 • �..t..+..>..i MarjoiielT Smith, Notary Public, State of Florida, at Large. (SEAL) U My Commission expires September 1, 1973. rat: yaw M-i: r ORDINANCE Met a AN ORDINANCE AMENDING SECTION aS-1 OFF THE CODE OF THE CITY . OE MIARI, FLORIDA, 8Y CHANGING THE TITtt TO READ "PUBLIC INTOXICATION"; BY PROVIDING Fort A MAXIMUM PUNISHMENT, OPoN CONVICTION OF THE OFFENSE OF PUBLIC INTOXICATION, OF THIRTY (SO) DAYS YMPRISONMENT AND i OR A FINE OF $2SO 3 ADDING A PROVISION FOR MITIGATION OF SENTENCE UPON RECOMMENDA- TION OF THE ALCOHOLIC REHABILITATION CENTER; AND CONTAINING A SEVERMILITY PROVISION. 8E IT ORDAINED 8Y THE COMMISSION, OF THE CITY OP MYAMI, FLORIDA:. Section 1. Section 38-13 of the Code of the City of Miami, Florida, is hereby amended to read as follows: Section 38-13. Public intoxication. Whoever shall be found in a state of intoxication in any public place shall, upon conviction,be punished by imprisonment not exceeding thirty (30) days and/or a fine not exceeding $250. The sentence imposed by the Court may be mitigated at any subsequent to imposition upon recommendation of the alcoholic rehabilitation center. Section 2. 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 Commission of the City of Miami to pass this Ordinance p without such unconstitutional, invalid, or inoperative part therein; and the remainder of this Ordinance, after the ex- clusion of such part or parts shall be deemed and held to be valid as if such parts had not been included therein, PASS= AND ADOPTBD BY TITLE ONLY this,,® day of n72 PASSED ANM ADOPTED ON SECOND AND ?INAL READING BY '/TLE MAYOR Attests--- - PRETARED AND APPOVED71 Y: 11 Sid 'ey }'. Shapiro As%Lst,nt City Attorney REVIEWED BY: D AS TO Alan H.° Rothstein City Attorney iriertit.OPPid'e 'R%iiiike.PIANEtJM Ms to Deese/ City "Sanger 'k thti ' wen, 1.Mat & 4, 1072 RIr.�i buy testi i ro156sed: ordinance &melding Beet eft 38-12 of the 'City Code fitPttitkatiti Oft August 27, i97i0 legal action was commenced against the City Of Mimi and various City Officials by a class composed of all alcoholics within the city of Miathi contesting the validity and constitutionality of the Oity's drunkenness ordinances The case was assigned to Judge James Lawrence Xing, United States District Court, Southern District of Florida. Plaintiffs alleged their civil and constitutional rights were being violated by the -ordinance in question. A pretrial conference was held before Judge King on February 15, 1972, After a full discussionof the issues involved, the. Judge stated he did not desire to have this case brought to trial due to the issues involved and the complexities inherent in this type case. Re suggested to Sidney Shapiro, the assistant city attorney assigned to the case, and Bruce Rogow, counsel for plaintiffs, that the case was ripe for some type of settlement. He directed that a meeting be held between counsel to determine whether an agree- ment could be reached. On February 24, 1972, Mr. Shapiro met with opposing counsel. Present at that meeting were Jack Collins from the City's alcoholic rehabilitative office and Steve Frazier, a psychologist working with that program. The following factors were brought out at that meeting: 1. The subjects of this law suit are all chronic alco- holics. 2. The legislature of the State of Florida has by legislation recognized that alcoholism is a disease and not a crime. Such legislation will qo into effect On duly l# 19721 4. At that tire the State, and toet likely the di= iee, Will be required to provide Centers for treatment .of alcoholics, 5, 'urtiierfimore, Florida Statute 056,011 the State law eontro1ing drunkenness, will, at that time, be repealed. 6 On July 1, 1975) the City ordinance punishing drunkeryrnese will, in all probability, become invalid. 7 until that date, however, it Was redthat some control must be kept over the situati , particularly alcoholics. city will be ,performing roblemservice and�grnents 8 The cit wi of dealhe withmtniny-by mannergmostnhelpful to all concerti attempting to _` it in a concerned, Accordingly, it is the suggestion of this office that 08-13 of the City Code be amended by the attached ordinance in order to effectively deal with the situation and to comply with the suggestions of the Court. This will also result in the dismissal of the lawsuit described herein. AHI2/SBS/ts i Neareh 14, l 2 ptoposeii ofd fiahoe aniefiding Section S8-1% of the City. Code On August 27, 1971,.legal action was commenced against the City of Miami and various city officials by a class composed of all alcoholics within the City of Miami . contesting the validity and constitutionality of the city',s drunkenness' ordinance. The case was assigned to Judge James Lawrence Xing, United States bistrict court, Southern bistrict'of Florida. Plaintiffs alleged their civil and constitutional rights were being violated by the ordinance in question. A pretrial conference was held before Judge King on, February 15, 1972. After a full discussion of the issues involved, the Judge stated he did not desire to have this case brought to trial due to the issues involved and the complexities inherent in this type case. He suggested to Sidney Shapiro, the assistant city attorney assigned to the case, and Bruce Rogow, counsel for plaintiffs, that the case was ripe for some type of settlement. He directed that a meeting be held between counsel to determine whether an agree- ment could be reached. On February 24, 1972, Mr. Shapiro met with opposing counsel. Present at that meeting were Jack Collins from the City's alcoholic rehabilitative office and Steve Frazier, a psychologist working with that program. The following factors were brought out at that meeting; The subjects of this law suit are all chronic alco- 1. holics. 2. The legislature of the State of Florida has by legislation recognized that alcoholism is a disease and not a crime. flee§e City Mafager Marc h14,i7 Sttdh lec slatiofi Milli go ifto effeot oh July 1,.103. 4. ,t that time the State, and tttost likely the cities, will be required to provide centers:for treatftet t -of alcoholics. S1 iitrtherrore,. Florida Statute 58$6.O1,- the Mate law tOhtrolihg drunkenness, wi1i, at that time, be repealed. 6. On July 1, 19'S, the City ordinance punishing drunkenness will in all probability', become invalid. 7. Until -that .date', however, it was agreed that.some .control must be kept oVer the situation, particularly chronic. alcoholics. 8. The City will be performing a service to all 'segments _of the community by_recognizing the problem and attempting to. deal with it in a manner most helpful to all concerned. Accordingly, it is.the suggestion of this office that. §38-13 of:theCity Code'be-amended by the attached ordinance in order. to effectively deal with the situation and to comply .with the suggestions of the Court. This will also'result.in the disrdissal of the lawsuit described herein.' AHR/SBS/ts St§/ts ORDINANCE NO. AN ORDINANCE AMENDING SECTION 3 8- i3 OP THE CODE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE TITLE TO READ "PUBLIC INTOXICATION";BY PROVIDING FOR A MAXIMUM PUNISHMENT, UPON Co tC'I}ION OF THE OFFENSE OF PUHLIC INTOXICATION, oP THIRTY (30) DAYS IMPRISONMENT AND / OR A FINE OF WO: ; ADDING A PRov±SIGN FOR MITIGATION O'SENTENCE UPON RECOMMENDA� T ON OF THE ALCOHOLIC REHAEILITATION CENTER; AND CONTAINING A SEVE LABILITY PROVISION. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MTAMI, FLORIDA: Section 1, Section 38-13 of the Code of the City of Miami, Florida, is hereby amended to read as ,follows: Section 38-13. Public intoxication. Whoever shall be found in a state of intoxication in any public place shall, upon conviction, be punished by imprisonment not exceeding thirty (30) days and/or a fine not exceeding $250. The sentence imposed by the Court may be mitigated at any time subsequent to imposition upon recommendation of the alcoholic rehabilitation center. Section 2. 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 Commission of the City of Miami, to pass this Ordinance without such unconstitutional, invalid, or inoperative part therein; and the remainder of this ordnance, after the ex- cl'si-on of such part or pats shall be deemed and herd to be valid as if such parts had not been included therein, TWEED AND ADOPTED SY TITLE ONLY this ;..... �o_ --1 CITY COMMISSION MEET F OF APR .01972 1072. PAS8Eb AND AMPTED ON Ste014b AND FINAL REMNU fY TITLE ONLY this, day of PREPARED AND APB OVED G1 yam'iLD Sid # y p'. Shap As starit City REVIEWED BY: lan H. Rothstein City Attorney MAYOR Attest:. CI' CLEWC