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Home My WebLink AboutI-2 Ordinance: Zero Tolerance ZoneCity of ~Vliami ~ard~ens 1515-200 NW 167~' Street Miami Gardens, Florida 33169 Date: October 24, 2007 Fiscal impact: No X Yes (If yes, explain in Staff Summary) Funding Source: NA ContracUP.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 Andr~ Williams Public hearing ^ Ordinance X 1 st Reading Advertising requirement: RFP/RFQ/Bid # Quasi-Judicial ^ Resolution ^ 2nd Reading x Yes x No 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. I-2) ORDINANCE 2ND READING ZERO TOLERANCE ZONE 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". Miami Gardens Police Departm±~n~ 1020 N.W. 163rd Drive Miami Gardens, Florida ~31f9 (305) 474-MGPD (+6473~ "ZERO TOLERANCE ZONE" Sign Application Frocedures Please follow the steps below to order/ receive "ZERO TOLERANCE ZONE" no trespassing signs 1. The Affidavit a. The affidavit needs to be signed by the landlort~ Qr tenant of the property where the sign will be posted and the applicants' signature must b~ notarized. b. The notarized ~~f~~~~it must be sent ar presented to the Miami Gardens Police Departme~t~'1020 NV~ 163rd Drive, Miami Gardens, FL 33169. c. Note: Pa~si~~ Officers are not usually Notary's of the Public - it is better to have your affidavit not~~r~~e befor~ you resent it. (~a not sign the document unless you are in the presence of the ~atary:} 2. The A~plication a. The applicatiorz n~eds to be properly and completely filled out. 1. A contact nam~ is needed: the address of the property (where the sign(s) will be postec~) ~~eds to be on tH~ application as well as the affidavit. There must be a phone number to notify you'vvl~en the sign~s) are ready for pick up or mailing. 2. Th~ pt~lice D~partment will contact them when all your paper work is completed. Then contact wi~~ ~~ ~ade to whoever is the contact name on your application. The Police Department will ~hen 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 Dr,i~~e Miami Gardens, Flori~t~a ~3~69 (305) 474-MGP.D (6473) "ZERO TOLERANCE ~()NE" SIGN .APPLICAT~~N Company Name: Contact: Address: Office Phone: Fax Phone: ~ Cell Phone: Home Phone: City of Mr~Im,~~yGardens will ~rovide ONE sign free of cost per location. Any request for additional signs will be ~r~c~ss by the Poii~~ Department at a cost of $50.00 per sign. Number of additional si~n(sj''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 Public at Large, State of Florida Notary Stamp 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, 1 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. Declaration 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. 2 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. 3 78 79 80 81 SECTION 8. EFFECTIVE DATE immediately upon its final passage. This Ordinance shall become effective PASSED ON FIRST READING ON THE 10th DAY OF October 2007. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI 82 GARDENS AT ITS REGULAR MEETING HELD ON THE DAY OF 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 20 ATTEST: RONETTA TAYLOR, CMC, CITY CLERK SHIRLEY GIBSON, MAYOR PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY: SECONDED BY: VOTE: 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 SKD/teh 267328_1.DOC , (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) 4