HomeMy WebLinkAboutH-2 Ordinance: zero Tolerance Zone Trespassing ProgramCity of JVliami ~ard~ens
1515-200 NW 167~` Street
Miami Gardens, Florida 33169
Date: October 10, 2007
Fiscal Impact: No X Yes
(If yes, explain in Staff Summary)
Funding Source: NA
Contract/P.O. Requirement: Yes No X
Sponsor Name:
Dr. Danny O. Crew, City Manager
Aqenda Cover Paqe
Mayor Shirley Gibson
Vice Mayor Barbara Watson
Councilman Melvin L. Bratton
Councilman Oscar Braynon II
Councilman Aaron Campbell Jr.
Councilwoman Sharon Pritchett
Councilman Andre Williams
Public hearing ^ Quasi-Judicial ^
Ordinance X Resolution ^
1st Reading X 2nd Reading ^
Advertising requirement: Yes ^ No X
RFP/RFQ/Bid #
Title
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AUTHORIZING THE MIAMI GARDENS POLICE
DEPARTMENT TO ENFORCE SECTIONS 810.08 AND 810.09,
FLORIDA STATUTES, ON PRIVATE PROPERTY, ESTABLISHING THE
"ZERO TOLERANCE ZONE TRESPASSING PROGRAM" IN THE CITY
OF MIAMI GARDENS; PROVIDING FOR PENALTIES FOR VIOLATION;
PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING
ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN
EFFECTIVE DATE.
Staff Summarv
The City of Miami Gardens Police Department (MGPD) will assume policing
responsibility in December, 2007. There is a necessity to adopt specific city
ordinances that would grant police officers additional power to enforce city laws that
address quality of life and minor criminal violation. One such ordinance would be the
"Zero Tolerance Zone Trespassing Program".
This program would allow local businesses and property owners to enter into an
agreement with the Miami Gardens Police Department in a way that would help to
build a safe community. Currently there is an adopted County Ordinance which
allows Miami-Dade County Police Officers to act as representatives of these
partnered business and property owners, and convey warnings to individuals who
have been observed trespassing and loitering upon private and government owned
property. The attached City of Miami Gardens "Zero Tolerance Zone Trespassing
Program" will closely mirror the existing "We Care" program, which was established
by the Miami-Dade Police Department.
H-2) ORDINANCE
1ST READING
ZERO TOLERANCE ZONE
TRESPASSING PROGRAM
RECOMMENDATION: It is recommended that the Council approve the attached Ordinance
giving the Miami Gardens Police Department the authority to implement the "Zero Tolerance
Zone Trespassing Program".
ORDINANCE No. 2007-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AUTHORIZING THE MIAMI GARDENS POLICE
DEPARTMENT TO ENFORCE SECTIONS 810.08 AND 810.09,
FLORIDA STATUTES, ON PRIVATE PROPERTY, ESTABLISHING THE
"ZERO TOLERANCE ZONE TRESPASSING PROGRAM" IN THE CITY
OF MIAMI GARDENS; PROVIDING FOR PENALTIES FOR VIOLATION;
PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING
ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN
EFFECTIVE DATE.
1 WHEREAS, the City of Miami Gardens has initiated its own Police Department,
2 and
3 WHEREAS, loitering and trespassing is become a significant problem in the City
4 of Miami Gardens, and
5 WHEREAS, it is imperative, that property owners be able to work with police in
6 an effort to thwart trespassing and loitering on private properties, and
7 WHEREAS, in accordance with §810.08 and §810.09, Florida Statutes, private
8 property owners can give permission to the Police Department to order trespassers to
9 leave private property, and
10 WHEREAS, the City Council deems it important to adopt a"Zero Tolerance Zone
11 Trespassing Program" within the City of Miami Gardens whereby private property
12 owners will authorize the Police Department via affidavit to ask trespassers to leave
13 properties and/or arrest them if they do not, and whereby private property owners will be
14 given signs to be placed on their property authorizing the City's Police Department to
15 enforce this Ordinance,
16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
17 OF MIAMI GARDENS, FLORIDA, as follows:
18 SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
19 Clauses are hereby ratified and confirmed as being true, and the same are hereby
20 made a specific part of this Ordinance.
21 SECTION 2. TRESPASS:
22 a. It shall be unlawful for any person to commit an act of trespass in the city,
23 either upon private property or public property.
24 b. "Trespass," for the purpose of this section, shall mean: entering upon or
25 refusing to leave any private property of another, either where such
26 property has been posted with "No Trespassing" signs, or where
27 immediately prior to such entry, or subsequent thereto, notice is given by
28 the owner or occupant, orally or in writing, that such entry or continued
29 presence is prohibited.
30
31 SECTION 3. PRE-AUTHORIZATION:
32 a. Dec/aration of public purpose. The City Council hereby declares and finds
33 that pre-authorizing police officers to enforce State trespass statutes -
34 §810.08 and §810.09, Florida Statutes, as amended on private property,
35 serves a valid public purpose. Specifically, the City Council finds that the
36 Florida Legislature has made it a misdemeanor for a person to defy an
37 order from the owner of private property, or an authorized person, to leave
38 the owner's property. Pre-designating police officers to issue warnings to
39 leave on behalf of private property owners will protect the public from
40 breaches of the peace that might occur if property owners are required to
41 protect their property and expel trespassers by force. Additionally, the
42 protection of private property is one of the primary missions of any police
43 agency and, in pursuit of that mission, the Police Department has
44 proposed a program whereby private property owners may pre-authorize
45 police officers to issue warnings to trespassers on their behalf in order to
46 safeguard their property.
47 b. Pre-authorization authority. City police officers may be pre-authorized in
48 writing by a private property owner within the City to issue orders to
49 trespassers directing them to leave the owner's property. When police
50 officers have been pre-authorized by a private property owner, they shall
51 be considered authorized persons for the purpose of invoking the
52 provisions of §810.08 and §810.09, Florida Statutes.
53 c. Written pre-authorization. Pre-authorization shall be in writing on a form
54 approved by the City Attorney's Office.
55 d. Refusal to obey an order to leave the premises. It is unlawful for any
56 person, who enters on private property without being authorized, licensed
57 or invited, to refuse to obey an order to leave the premises given by a
58 police officer that is pre-authorized to issue such an order under the
59 provisions of this section.
60 SECTION 4. PENALTY: A violation of this section, in addition to being a
61 misdemeanor under Sections 810.80 and 810.09(2)(a), Florida Statutes (as the case
62 may be), shall be a City Code violation punishable in accordance with the City's Code
63 Enforcement Ordinance.
64 SECTION 5. CONFLICT: All ordinances or Code provisions in conflict herewith
65 are hereby repealed.
66 SECTION 6. SEVERABILITY: If any section, subsection, sentence, clause,
67 phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by
68 any court of competent jurisdiction, such portion shall be deemed a separate, distinct
69 and independent provision and such holding shall not affect the validity of the remaining
70 portions of this Ordinance.
71 SECTION 7. INCLUSION IN CODE: It is the intention of the City Council of the
72 City of Miami Gardens that the provisions of this Ordinance shall become and be made
73 a part of the Code of Ordinances of the City of Miami Gardens and that the sections of
74 this Ordinance may be renumbered or relettered and the word "Ordinance" may be
75 changed to "Chapter," "Section," "Article" or such other appropriate word or phrase, the
76 use of which shall accomplish the intentions herein expressed; provided, however, that
77 Section 1 hereof or the provisions contemplated thereby shall not be codified.
78 SECTION 8. EFFECTIVE DATE: This Ordinance shall become effective
79 immediately upon its final passage.
80 PASSED ON FIRST READING ON THE 10th DAY OF October 2007.
81 ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI
82 GARDENS AT ITS REGULAR MEETING HELD ON THE DAY OF
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, 20
SHIRLEY GIBSON, MAYOR
ATTEST:
RONETTA TAYLOR, CMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ.
City Attorney
SPONSORED BY: DANNY CREW, CITY MANAGER
MOVED BY:
SECONDED BY:
VOTE:
Mayor Shirley Gibson (Yes)
Vice Mayor Barbara Watson _(Yes)
Councilman Melvin L. Bratton (Yes)
Councilman Oscar Braynon, II (Yes)
Councilman Aaron Campbell Jr. (Yes)
Councilwoman Sharon Pritchett (Yes)
Councilman Andre Williams (Yes)
SKD/teh
267328_1.DOC
(No)
(No)
(No)
(No)
(No)
(No)
(No)
115
Miami Gardens Police Department
1020 N.W. 163rd Drive
Miami Gardens, Florida~ ~3169
(305) 474-MGPD (647~)
"ZERO TOLERANCE ZONE" Sign Application Procedures
Please follow the steps below to order/ receive "ZERO TOLEI~ANCE ZONE" no trespassing signs
1. The Affidavit
a. The affidavit needs to be signed by the land~ard c~r tenant of the property where the sign
will be posted and the applicants' signature must be no~arized.
b. The notarized,~~fit~~it must be sent or presented to ~he Miami Gardens Police
Department, 1020 N'W 163rd Drive, Mi~mi Gardens, FL 33169.
c. Note: P41~~~ officers are not usually Natary's of the Public - it is better to have your
affidavit no£~~~~~„befor~ youu rep sent it. (~Q not sign the document unless you are in the
presence of the~N`ot~ry.~ ' ~
,
2. The A~~lication
~~.:
,
~. The applicatior~ ri~eds to b~ properly and completely filled out.
~: .
'~°.1~. A contact narr~.~ ,is needed: the address of the property (where the sign(s) will be
postedj~ ~~eds to be on t~ie ~pplication as well as the affidavit. There must be a phone number to
notify you ~hen the sign(s) are ready for pick up or mailing.
2. T~ie ~?~lice D~~artment will contact them when all your paper work is completed.
Then contact wi11 ~ie it~ade to whoever is the contact name on your application. The Police
Department will t~en give the proper information to obtain the signs ordered.
b. Once complete application is obtained Police Department will make arrangements for the
production of your sign.
c. Police Department will notify the contact person listed on the application when the sign is
completed.
Please contact the Police Department if you have any uncertainty regarding these directions.
Miami Gardens Police Department
1020 N.W. 163rd Drive
Miami Gardens, Florida 33169
(3051474-MGP~ ~'(6473)
"ZERO TOLERANCE ;~UN ~"
Company Name:
Contact:
Address:
Office Phone:
-~,
Cell Phor~e?~
SIGN APPLICATI~ON
Fax Phone:
Home Phone:
,
,
; ~r
City of Mi~`~ii~ Gardens will prdvide O`1~TE sign free of cost per location. Any request for additional
signs will be p'~~q~~ss by the Polze~ Department at a cost of $50.00 per sign.
~
Number of additional s'~n(~} Requested:
Signature of person filing the application
Note: A copy of this application must be submitted with the affidavit.
"ZERO TOLERANCE ZONE" No Trespassing signs
Legitimization Agreement/ Affidavit
To Whom It May Concern:
Miami Gardens Police Department Officers are authorized representatives to enforce State statutes 810.08 and
810.09, trespassing; and to warn and direct persons to leave:
Property Name:
Property Address:
Miami Gardens, Florida
Authority is granted by (Property owner/ Landlord/ Manager) Fill in your name:
(Authorizing Person's Name)
(Authorizing Person's position - Owner/ Landlord/ Manager, Other)
I, the above listed individual and representative of said business, and property,
am duly authorized to execute this document. I herein request and authorize any officer of the above
listed police department to enforce said statute on said property including the parking lots.
It is also acknowledged that I will aid in the prosecution of those persons arrested as a result to this
authorization.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Before me personally appeared who says that
he/she executed the above instrument of his or her own free will and accord, with full knowledge of the
purpose therefore. Sworn and subscribed in my presence this day of
. 20 .
[] Personally Known, [] Produced Identification number
Notary Stamp
Notary Public at Large, State of Florida