Miami-Dade Legislative Item
File Number: 120731
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File Number: 120731 File Type: Ordinance Status: Deferred in Committee
Version: 0 Reference: Control: Regional Transportation Committee
File Name: PROHIBITING CAMPING AND/OR LYING ACROSS BUSS BENCHES/SHELTER Introduced: 4/4/2012
Requester: NONE Cost: Final Action:
Agenda Date: 4/17/2012 Agenda Item Number: 4C
Notes: NOTE TO CAO: ITEM FILED IN BCC FOLDER FOR 4-17-12 Title: ORDINANCE AMENDING SECTION 30B-3(2) AND CREATING SECTION 30B-4(24) IN CHAPTER 30B OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA PROHIBITING CAMPING AND/OR LYING ACROSS BUS PASSENGER BENCHES OR WITHIN BUS PASSENGER SHELTERS SERVING MIAMI-DADE TRANSIT; PROVIDING FOR PENALTIES FOR VIOLATIONS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: AMENDING CODE
  BUS BENCHES
  BUS SHELTERS
  CAMPING
Sponsors: Sen. Javier D. Souto, Prime Sponsor
  Jose "Pepe" Diaz, Co-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

Regional Transportation Committee 6/11/2012 1F3 Deferred P
REPORT: The foregoing proposed ordinance was deferred to no date certain at the request of Commissioner Souto, sponsor, during consideration of changes to today’s (6/11) Regional Transportation Committee Agenda.

County Attorney 5/8/2012 Referred Regional Transportation Committee 6/11/2012

Regional Transportation Committee 5/7/2012 1F1 Deferred P
REPORT: During consideration of the changes to today's (5/07) agenda, the foregoing proposed ordinance was deferred as requested by the Prime Sponsor Commissioner Jose “Pepe” Diaz.

Office of the Chairperson 5/4/2012 Deferrals 5/7/2012
REPORT: The Sponsor has requested a deferral to the June 11, 2012 Regional Transportation Committee Meeting.

Board of County Commissioners 4/17/2012 Tentatively scheduled for a public hearing Regional Transportation Committee 5/7/2012

Board of County Commissioners 4/17/2012 4C Adopted on first reading 5/7/2012 P
REPORT: The foregoing proposed ordinance was adopted on First Reading and scheduled for Public Hearing on Monday, May 7, 2012 at 9:30 AM before the Regional Transportation Committee (RTC).

County Attorney 4/4/2012 Referred Regional Transportation Committee 5/7/2012

County Attorney 4/4/2012 Assigned Alex S. Bokor

Legislative Text


TITLE
ORDINANCE AMENDING SECTION 30B-3(2) AND CREATING SECTION 30B-4(24) IN CHAPTER 30B OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA PROHIBITING CAMPING AND/OR LYING ACROSS BUS PASSENGER BENCHES OR WITHIN BUS PASSENGER SHELTERS SERVING MIAMI-DADE TRANSIT; PROVIDING FOR PENALTIES FOR VIOLATIONS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, this Board finds that it is in the interest of the County to maintain Miami-Dade Transit property in an attractive and intact condition, readily available for the use and enjoyment of all of its patrons; and
WHEREAS, camping or lying across bus passenger benches or within bus passenger shelters interferes with the use of such facilities and the comfort of Miami-Dade Transit patrons,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 30B-3(2) of the Code of Miami-Dade County, Florida, is hereby amended and Section 30B-4(24) of the Code of Miami-Dade County, Florida, is hereby created within Chapter 30B, Transit Agency Rules and Regulations, to read as follows:
Sec. 30B-3 – Applicability and penalties.1

(1) Applicability. The chapter applies to all who utilize the transit system.

(2) Penalties.

(a) Any person violating subsections (2), (5), (6), (7), (9), (10), (11)>>,<<[[and]] (22) >>and (24)<< of Section 30B-4 of the Code of [[Metropolitan]] >>Miami-<>Miami-Dade Transit official, authorized security officer or a law enforcement officer,<< cease the prohibited activity. If the person continues the prohibited activity after such warning, the [[police officer]] >>Miami-Dade Transit official, authorized security officer or a law enforcement officer,<< may direct the individual to leave the train>>, bus, bus passenger shelter, bus passenger bench<< or [[to leave the]] premises of the station >>, as applicable<<. Any individual who does not leave as directed, shall be [[charged with trespassing]] >>subject to arrest for trespassing pursuant to Chapter 810.09 Florida Statutes (2011) (as amended from time to time)<< and subject to a fine not to exceed five hundred dollars ($500.00), or by imprisonment not to exceed sixty (60) days in the County Jail, or both. In lieu of any fine or penalty, the court may order any person convicted of violating any provision of this chapter to participate in transit public service for a minimum of ten (10) hours. Such service may include graffiti removal, cleaning of transit vehicles, and maintenance of transit right-of-way.


* * *

>>Sec. 30B-4 (24) Prohibition on Camping or Lying Across Miami-Dade Transit Bus Passenger Benches or Within Bus Passenger Shelters

(a) There shall be no camping on Miami-Dade Transit bus passenger benches or within bus passenger shelters. Camping is defined as the use of the bus passenger bench or bus passenger shelter for living accommodation purposes, including but not limited to, setting up any tents, shacks, or shelters for sleeping activities or making preparations to sleep (including the laying down of bedding for the purpose of sleeping).

(b) Bus passenger benches are to be used as seating areas for Miami-Dade Transit patrons. Standing on or lying across bus passenger benches is prohibited.

(c) Bus passenger shelters are rigid structures situated upon or attached to real property outdoors, for the purpose of furnishing a waiting area or shelter for the use and convenience of Miami-Dade Transit patrons. Lying down within the bus passenger shelter is prohibited.<<


Section 2. If any section, subsection, sentence, or clause of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. 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 re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 4. 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.
1 Words 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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