HomeMy Public PortalAbout13-34 Penalties for Violation of Saggy Pants 1St Reading: 09/25/2013
2nd Reading: 10/23/2013
Public Hearing: 10/23/2013
Adopted: 10/23/2013
Effective Date: 10/24/2013
Sponsored by: Commissioner Holmes
Ordinance No. 13-34
AN ORDINANCE TO AMEND SECTION III PENALTIES FOR
VIOLATION OF THE SAGGY PANTS ORDINANCE 10-28;
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 10-28,
creating Sec. 16-33 of the Code of Ordinances of the City of Opa-locka, which states:
Sec. 16-33. Ban on Wering saggy apparel in public facilities
csj 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.
; and
WHEREAS, the City Commission desires to amend the monitored community services
(penalty)hours from 10 to 25, and the penalty fee from $250.00 to $500.00
Ordinance No. 13-34
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. Sec. 16-33 of the Code of Ordinances is hereby amended,to read as follows:
(c) 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 = . . . !.!t) five hundred
dollars ($500.00). 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) twenty-
five(25)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. CODIFICATION. This Ordinance shall be codified in the Code of Ordinances
when the code is recodified.
Ordinance No. 13-34
Section 6. EFFECTIVE DATE. This Ordinance shall upon adoption, become effective
immediately.
PASSED AND ADOPTED this 23rd day of October, 2013.
MY AYLOR
MAYOR
Attest: Approved as to form and legal sufficiency:
1 IC Joanna Flores Jose .Geller Esq.
City Clerk GREENSPOON MARDER, PA
City Attorney
Moved by: COMMISSIONER JOHNSON
Seconded by: COMMISSIONER HOLMES
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Santiago: YES
Vice-Mayor Kelley: YES
Mayor Taylor: YES
1835900 vl
MIAMI HERALD 1 MiamiHerald.com ND SUNDAY,OCTOBER 13,2013 1 15ND
Miami Dade College
•
CITY OF OPA-LOCKA, FLORIDA Open House
NOTICE TO THE PUBLIC
NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka,Florida
will hold public hearings at its Regular Commission Meeting on Wednesday,October 23, / • 040.
2013 at 7:00 p.m. in the City Commission Chambers at Sherbondy Village,
215 Perviz Avenue,Opa-locka,Honda to consider the following items:
SECOND READING ORDINANCES/PUBLIC HEARING: Y ,
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA,TO CREATE A CIVIL SERVICE BOARD FOR THE CITY OF OPA-LOCKA;
PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR CONFLICT AND
REPEALER; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; •,
PROVIDING FOR AN EFFECTIVE DATE(first reading held on September 25,2013).
Sponsored by J.K.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, At All Miami Dade College C a m use s
FLORIDA,TO CREATE A HOUSING AUTHORITY&NUISANCE ABATEMENT BOARD P
FOR THE CITY OF OPA-LOCKA;PROVIDING FOR INCORPORATION OF RECITALS; Each campus will award a scholarship for in-state tuition,books or fees!
PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE Who should attend?
(first reading held on September 25,2013).Sponsored by J.K. •High school students,parents,high degree programs in areas induding bio-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, school personnel and anyone interested logical sciences;education;electronics
in starting a new career engineering technology;film,television
FLORIDA,TO AMEND ORDINANCE 07-19, SECTION 16-33, BAN ON WEARING •Students interested in a Medical Campus and digital production;nursing;physician
SAGGY PANTS APPAREL, TO ALSO INCLUDE BANNING SAGGY PANTS AND program,or any of MDCs bachelor's assistant studies;public safety manage-
ment;or supervision and management
SHIRTS WORN BY FEMALES; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY You will have the opportunity to:
AND CODIFICATION;PROVIDING FOR AN EFFECTIVE DATE(first reading held on •Learn how you can train for hot jobs in •Tour the campus and meet the students,
September 25,2013).Sponsored by D.J. many fields,such as aviation,computers faculty and staff of Miami Dade College.
and Web development,culinary arts, •Learn about student organizations
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, health care,dies hospitality and tourism, At endues sessions studies and more. •Attend sessions on financial aid,
FLORIDA,TO AMEND SECTION III PENALTIES FOR VIOLATION OF THE SAGGY scholarships and admissions.
PANTS ORDINANCE 10-28; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY Reserve your spot now!visit www.mdcedu/openhouse
AND CODIFICATION;PROVIDING FOR AN EFFECTIVE DATE(first reading held on or call 305.237.1888.
September 25,2013).Sponsored by T.H. For special needs or accessibility questions,call at least three days prior to the event
Additional information on the above items may be obtained in the Office of the City Clerk, 2013 SATURDAY OCT 19 TUESDAY OCT v WEDNESDAY OCT 2Y
3400 NW 135"'Street,Bldg.B,Opa-locka,Florida.AII interested persons are encouraged
to attend this meeting and will be heard with respect to the public hearing. """''`°"' "` ""'r"' ;,,,";'','; ;""l" °a"' c ,r r M,•,ti
PURSUANT TO FS 286.0105:Anyone who desires to appeal any decision made by any board,
agency,or commission with respect to any matter considered at such meeting or hearing will
need a record of the proceedings,and for that reason,may need to ensure that a verbatim THURSDAY.OCT 14 SATURDAY.OCT.76 WEDNESDAY,IAN.19.2014
record of the proceedings is made,which record includes the testimony and evidence upon
which the appeal may be based. Mitt W.•st s x,p m
JOANNA FLORES,CMC M ,r,
CITY CLERK
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. EFFECTIVE DATE. This Ordinance shall upon adoption, become effective
immediately.
PASSED AND ADOPTED this 8`h day of December, 2010.
M L. TAYLOR
MAYOR
Attest: Approved a to form and le l al ufficiency:
•
• 1
141P , I Deborah Irby Jo p ( eller, Esq.
City Clerk C. y Atto 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