HomeMy Public PortalAbout10-28 Ban on Wearing Saggy Pants in Public Places 1st Reading: October 27, 2010
2'd Reading: December 08, 2010
Public Hearing: December 08, 2010
Adopted: December 08, 2010
Effective Date: December 08, 2010
Sponsored by: Commissioner Holmes
Ordinance No. 10-28
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA,FLORIDA,AMENDING ORDINANCE 10-21
TO CREATE SECTION III FOR A BAN ON WEARING
SAGGY PANTS APPAREL IN PUBLIC PLACES WITHIN THE
CITY OF OPA-LOCKA AND TO PROVIDE PENALTIES
THEREFORE; PROVIDING FOR INCORPORATION OF
RECITALS;PROVIDING FOR CONFLICT AND REPEALER;
PROVIDING FOR SEVERABILITY AND CODIFICATION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Opa-locka adopted Ordinance 07-19,
creating Section 16-33 of the Code of Ordinances of the City of Opa-locka, which states:
Section 16-33. Ban on wearing saggy apparel in public facilities.
It shall be unlawful for an individual to wear saggy pants apparel
wherein underwear or under garments are exposed in city buildings and
parks.
; and
WHEREAS, the City Commission of the City of Opa-locka adopted Ordinance 10-21,
creating Section II of Section 16-33, which states:
Section II: The ban shall also extend to all places of businesses within
the City of Opa-locka. All merchants and shopkeeper are to enforce the
terms of the Saggy Pants Ordinance as set forth in Section I.
; and
Ordinance No. 10-28
WHEREAS,the City Commission desires to further amend said Ordinance by creating Sec.
III of Sec. 16-33 of the Code, to deal with penalties for violations:
NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. A new section of Sec. 16-33 of the Code of Ordinances is hereby created,to
read as follows:
Section III: Penalties for violation. All violations of this section
charged by the Police Department shall be referred to the City's Special
Master for adjudication, in accordance with the City's rules therefore.
Any person found by the Special Master to have committed a violation
of Section III shall be punished by a fine of not more than two hundred
fifty dollars ($250.00). Where a minor is found to have violated
Section III, the fine imposed by this section shall be assessed against
such minor's parents or legal guardian.
As an alternative to, or in addition to, the fine set forth herein, the
Special Master may, in his/her discretion, order the defendant to
perform monitored community service,not to exceed ten(10)hours for
any single violation.
Section 3. If any clause, section, or other part or application of this Ordinance is held by
any court of competent jurisdiction to be unconstitutional or invalid, in part or in application, it
shall not affect the validity of the remaining portions or applications of this Ordinance.
Section 4. All ordinances or resolutions or parts of ordinances or resolutions in conflict
herewith, are hereby repealed.
Section 5. SEVERABILITY. If any portion,section,phrase or clause of this Ordinance is
held invalid by a court of competent jurisdiction, such ruling shall not affect the validity of the
remainder of this Ordinance.
Ordinance No. 10-28
Section 6. CODIFICATION. This Ordinance shall be codified in the Code of Ordinances
when the code is recodified.
Section 7. E1-F'ECTIVE DATE. This Ordinance shall upon adoption, become effective
immediately.
PASSED AND ADOPTED this 8`h day of December, 2010.
MYRA L. TAYLOR
MAYOR
Attest: Approved a to form and le.al ufficiency:
Deborah Irby Jo• p .f eller, Esq.
City Clerk C.iy Atto r ey
Moved by: HOLMES
Seconded by: JOHNSON
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Miller: YES
Commissioner Tydus: YES
Vice-Mayor Johnson: YES
Mayor Taylor: YES