Miami-Dade Legislative Item
File Number: 102493
   

File Number: 102493 File Type: Ordinance Status: Adopted as amended
Version: 0 Reference: 10-52 Control: Board of County Commissioners
File Name: AMENDING ORD TO INCLUDE ADDITIONAL PENALTIES Introduced: 10/19/2010
Requester: NONE Cost: Final Action: 9/21/2010
Agenda Date: 9/21/2010 Agenda Item Number: 7A
Notes: THIS IS FINAL VERSION AS ADOPTED. ALSO SEE 101360. Title: ORDINANCE AMENDING SECTIONS 7-3, 8A-172, 8A-276(B), 8CC(10), 21-28, 21-31.2(B)(1) AND (2), 21-31.4(B), 26-1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; INCLUDING ADDITIONAL PENALTIES; CREATING SECTION 8CC-5.1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE (SEE ORIGINAL ITEM UNDER FILE NOS. 101007, 101360)
Indexes: INCARCERATED INDIVIDUALS
  ORDINANCE AMENDING
  ORDINANCE CREATING
  VIOLATIONS
Sponsors: Sally A. Heyman, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

County Attorney 10/19/2010 Assigned Ben Simon

Board of County Commissioners 9/21/2010 7A AMENDED Adopted as amended P
REPORT: County Attorney Cuevas read the foregoing proposed ordinance into the record. Commissioner Seijas expressed concern with the fines being charged for fishing and/or swimming. Commissioner Heyman concurred with Commissioner Seijas’ concern with the assessment of criminal charges for such minor offenses and noted this ordinance provided a joint effort to charge a civil fine and offer a diversion program. Ms. Ivonne Duran, Police Legal Advisor, Miami-Dade Police Department, noted Commissioner Heyman’s comment was correct and added that the intent of this ordinance was to remove these types of offenses from the criminal justice system and give the offender other alternatives to being arrested. Additional discussion ensued among members and staff regarding the amount being charged for each offense and what method was used to measure the crime level. Commissioner Gimenez offered an amendment to reduce the amount charged for the first offense for a fishing/swimming violation. There being no further questions or comments, the Board proceeded to vote. The Board adopted the foregoing resolution as amended on handwritten page 7, Code Section 7-3: “Swimming or Fishing from prohibited road bridges” to reflect “$25.00 first offense; $100.00 second offense” in the table instead of “$100.00” for the civil penalty.

Legislative Text


TITLE
ORDINANCE AMENDING SECTIONS 7-3, 8A-172, 8A-276(B), 8CC(10), 21-28, 21-31.2(B)(1) AND (2), 21-31.4(B), 26-1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; INCLUDING ADDITIONAL PENALTIES; CREATING SECTION 8CC-5.1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMIDADE COUNTY, FLORIDA:
Section 1. Chapter 7 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 7-3. Swimming or fishing from road bridges.
* * *
(e) Violations of this section may be punished by [[a fine not to exceed two hundred dollars ($200.00) or imprisonment not to exceed thirty (30) days in the County Jail, or by both such fine and imprisonment, in the discretion of the court of appropriate jurisdiction.]]
>>(1) a fine not to exceed two hundred dollars ($200.00);
(2) imprisonment in the county jail for a period not to exceed thirty (30) days;
(3) both such fine and imprisonment in the discretion of the court having jurisdiction over the cause;
(4) fines in accordance with Chapter 8CC of the Code of Miami-Dade County; or
(5) completion of the Miami-Dade County Diversion Program, pursuant to Implementing Order of the Board of County Commissioners.<<
Section 2. Chapter 8A of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 8A-172. Doing business without local business tax receipt.
>>It shall be unlawful and a violation of this section for<<[[A]]>>a<>to <>. Any person convicted of a violation of this section shall be punished by (i) a fine not to exceed double the amount required for such receipt; (ii) imprisonment in the county jail for a period not to exceed sixty (60) days; (iii) both such fine and imprisonment in the discretion of the court having jurisdiction over the cause; (iv) fines in accordance with Chapter 8CC of the Code of Miami-Dade County; or (v) completion of the Miami-Dade County Diversion Program, pursuant to Implementing Order of the Board of County Commissioners.<<[[ shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than double the amount required for such receipt or imprisonment not exceeding six (6) months.]]
Section 3. Chapter 8A of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 8A-276. Requirements.
* * *
(c) Violations. Any person convicted of
>>(1) A<<[[a]] violation of this section shall be punished by
>>a.<< not more than thirty (30) days imprisonment>>;<<[[, or by]]
>>b.<>of <>;<< [[or]]
>>c. both such fine and imprisonment in the discretion of the court having jurisdiction over the cause;<<[[both.]]
>>d. fines in accordance with Chapter 8CC of the Code of Miami-Dade County; or
e. completion of the Miami-Dade County Diversion Program, pursuant to Implementing Order of the Board of County Commissioners.
(2)<< [[Any person convicted of a]]>>A<< second violation of this section shall be punished by
>>a.<< not more than thirty (30) days imprisonment>>;<<[[, or by]]
>>b.<
>;
c. both such fine and imprisonment in the discretion of the court having jurisdiction over the cause;
d. fines in accordance with Chapter 8CC of the Code of Miami-Dade County; or
e. completion of the Miami-Dade County Diversion Program, pursuant to Implementing Order of the Board of County Commissioners.
(3)<< [[or both. ]]Any subsequent violations of this section shall be punished by
>>a.<< not more than thirty (30) days imprisonment>>;<<[[,]]
>>b.<<[[ or by ]]a fine not more than one thousand dollars ($1,000.00)>>;
c. both such fine and imprisonment in the discretion of the court having jurisdiction over the cause;
d. fines in accordance with Chapter 8CC of the Code of Miami-Dade County; or
e. completion of the Miami-Dade County Diversion Program, pursuant to Implementing Order of the Board of County Commissioners.<<[[ or both.]]
* * *
Section 4. Chapter 8CC of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 8CC-10. Schedule of civil penalties.
The following table shows the sections of this Code, as they may be amended from time to time, which may be enforced pursuant to the provisions of this chapter; and the dollar amount of civil penalty for the violation of these sections as they may be amended.
* * *

Code Section
Description of Violation
Civil Penalty
* * *
2-8.1
Disclosing false information
$ 500.00
* * *
>>7-3<<
>>Swimming or fishing from prohibited road bridges - First Offense<<
>>$ 25.00<<

>>Swimming or fishing from prohibited road bridges - Second and Subsequent Offenses<<
>>$ 100.00<<
* * *
>>8A-172<<
>>Doing business without local business tax receipt<<
>>$100.00<<
* * *
>>8A-276(b)<<
>>Failure to display commercial vehicle markings<<
>>$200.00<<
* * *
>>21.31.2(b)(1) & (2)<<
>>Alcohol possession or consumption near a store<<
>>$100.00<<
* * *
>>21.31.4(B)<<
>>Obstructing traffic or aggressively begging<<
>>$100.00<<

Section 5. Chapter 21 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 21-28. Noises; unnecessary and excessive prohibited.
It shall be unlawful for any person to make, continue, or cause to be made or continued any unreasonably loud, excessive, unnecessary or unusual noise.>> Any person violating any of the provisions of this section shall be punished by (i) a fine not to exceed five hundred dollars ($500.00); (ii) imprisonment in the county jail for a period not to exceed sixty (60) days; (iii) both such fine and imprisonment in the discretion of the court having jurisdiction over the cause; (iv) fines in accordance with Chapter 8CC of the Code of Miami-Dade County; or (v) completion of the Miami-Dade County Diversion Program, pursuant to Implementing Order of the Board of County Commissioners.<< The following acts, among others, are declared to be unreasonably loud, excessive, unnecessary or unusual noises in violation of this section, but this enumeration shall not be deemed to be exclusive, namely:
* * *
Section 6. Chapter 21 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 21-31.2. Consumption or possession of alcohol in open containers near store selling alcoholic beverages, religious property, and other locations. Signs required in such stores.
* * *
(b) Public nuisance; unlawful acts.
(1) It is a public nuisance and shall be unlawful and in violation of this section for any person to consume any alcoholic beverage while within one hundred (100) feet of any package store or food store selling alcoholic beverages, property regularly used for religious purposes, community center, senior citizens' center, day care center, funeral home, or school.
(2) It is a public nuisance and shall be unlawful and in violation of this section for any person to possess an open container of alcoholic beverages while stopping, standing, or remaining within one hundred (100) feet of any package store or food store selling alcoholic beverages, property regularly used for religious purposes, community center, senior citizens' center, day care center, funeral home, or school.
>>(c) Any person violating any of the provisions of sections 21-31.2(b)(1) or 21-31.2(b)(2) shall be punished by
(1) a fine not to exceed five hundred dollars ($500.00);
(2) imprisonment in the county jail for a period not to exceed sixty (60) days;
(3) both such fine and imprisonment in the discretion of the court having jurisdiction over the cause;
(4) fines in accordance with Chapter 8CC of the Code of Miami-Dade County; or
(5) completion of the Miami-Dade County Diversion Program, pursuant to Implementing Order of the Board of County Commissioners.<<
Section 7. Chapter 21 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 21-31.4. Aggressive or obstructive panhandling prohibited.
* * *
(D) Penalties. >>Any person convicted of
(1) A violation of this section shall be punished by
a. not more than thirty (30) days imprisonment;
b. a fine of not more than one hundred dollars ($100.00);
c. both such fine and imprisonment in the discretion of the court having jurisdiction over the cause;
d. fines in accordance with Chapter 8CC of the Code of Miami-Dade County; or
e. completion of the Miami-Dade County Diversion Program, pursuant to Implementing Order of the Board of County Commissioners.
(2) A second or subsequent violation of this section shall be punished by
a. not more than sixty (60) days imprisonment;
b. a fine not more than two hundred dollars ($200.00);
c. both such fine and imprisonment in the discretion of the court having jurisdiction over the cause;
d. fines in accordance with Chapter 8CC of the Code of Miami-Dade County; or
e. completion of the Miami-Dade County Diversion Program, pursuant to Implementing Order of the Board of County Commissioners.<<[[The first violation of this provision shall be punishable by not more than a fine of one hundred dollars ($100.00) and thirty (30) days incarceration; second and subsequent violations shall be punishable by not more than a fine of two hundred dollars ($200.00) and sixty (60) days incarceration.]]
* * *
Section 8. Chapter 26 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 26-1. Rules and regulations adopted.
>>Any person violating any of the rules and regulations provided in this section shall be punished by (i) a fine not to exceed five hundred dollars ($500.00); (ii) imprisonment in the county jail for a period not to exceed sixty (60) days; (iii) both such fine and imprisonment in the discretion of the court having jurisdiction over the cause; (iv) fines in accordance with Chapter 8CC of the Code of Miami-Dade County; or (v) completion of the Miami-Dade
County Diversion Program, pursuant to Implementing Order of the Board of County Commissioners.<<
* * *
Section 9. Section 8CC-5.1 of the Code of Miami-Dade County, Florida, is hereby created to read as follows:
Sec. 8CC-5.1. Miami-Dade County Diversion Program.
Notwithstanding the provisions of 8CC-5, a violator who has been served with a civil violation notice may enter the Miami-Dade County Diversion Program, pursuant to Implementing Order of the Board of County Commissioners, provided the civil violation notice is issued for the violation of an ordinance listed in the table below, which may be amended from time to time.
The "descriptions of violations" below are for informational purposes only and are not meant to limit or define the nature of the violations or the subject matter of the listed Code sections, except to the extent that different types of violations of the same Code section may carry different civil penalties. To determine the exact nature of any activity proscribed or required by this Code, the relevant Code section must be examined.
Code Section
Description of Violation
7-3
Swimming or fishing from prohibited road bridges
8A-172
Conducting business without a local business tax receipt
8A-276(b)
Failure to display commercial vehicle markings
21-28
Producing loud or excessive noise
21-31.2(b)(1) & (2)
Alcohol possession or consumption near a store
21-31.4(B)
Obstructing traffic or aggressively begging
26-1
Parks violations


Code Section
Description of Violation
[[30-468
Towing, Manifest / Trip Records violations
30-469
Towing Safety Standards violations]]

Section 10. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 11. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 12. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.

1Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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