HomeMy WebLinkAboutOrdinance 2020-560ORDINANCE NO. 2020 -
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AMENDING ARTICLE I OF
CHAPTER 195 OF THE CODE OF ORDINANCES ENTITLED "ANTI-
SEMITISM IN ENFORCING LAWS" TO PROVIDE ADDITIONAL
EXAMPLES OF ANTI-SEMITISM IN SECTION 195-3(A) AND
ADDITIONAL EXAMPLES OF ANTI-SEMITISM RELATED TO
ISRAEL IN SECTION 195-3(B); PROVIDING FOR REPEALER;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CITY CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach ("City") adopted Ordinance Number 2018-
516, creating Chapter 195 in the Code of Ordinances of the City of Sunny Isles Beach entitled
"Police Regulations" which created a new article entitled "Consider Anti-Semitism in Enforcing
Laws"; and
WHEREAS, the stated purpose of the ordinance was to ensure that the City's Police
Department consider potential anti-Semitic motivation for criminal offenses in order to guard the
safety and well-being of the City's Jewish community; and
WHEREAS, the United States Department of State's Special Envoy to Monitor and
Combat Antisemitism published a fact sheet issued June 8, 2010 containing a proposed working
definition and providing contemporary examples of anti-Semitism, which were incorporated and
codified into Section 195-3 of the City's Code of Ordinances; and
WHEREAS, in adopting Ordinance Number 2018-516, the City Commission sought to
require its Police Department to consider that definition and the examples in the ordinance in
investigating crimes, in a manner consistent with the federal hate crime statute, 18 U.S.C. §249
and the state hate crime statute, Fla. Stat. §775.085, as both may be amended from time to time;
and
WHEREAS, since the adoption of Ordinance Number 2018-516, the City has been made
aware of a working definition of antisemitism that was adopted by the International Holocaust
Remembrance Alliance ("IHRA"), by consensus vote of its member states, which has become
the internationally recognized, authoritative definition for use by governments and international
organizations; and
WHEREAS, the working definition of anti-Semitism by the IHRA includes
contemporary examples of anti-Semitism in public life, the media, schools, the workplace, and in
the religious sphere; and
WHEREAS, many of the examples in the IHRA working definition of anti-Semitism
were already included in Chapter 195 of the City's Code of Ordinances, however, a select
number of examples were not; and
WHEREAS, the City Commission now wishes to amend Section 195-3 of the City's
Code of Ordinances to supplement and expand the examples of anti-Semitism to include those in
the IHRA working definition; and
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WHEREAS, the City Commission hereby finds and determines that this Ordinance is in
the best interest of the public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby
ratified and confirmed as being true and correct and are hereby made a specific part by this
Ordinance upon adoption hereof.
Section 2. Amendment of Section 195-3. Section 195-3 of the Code of Ordinances of the
City of Sunny Isles Beach is hereby amended to read as follows:
ARTICLE I - Anti-Semitism in Enforcing Laws
§ 195-3. - Consideration of anti-semitism in enforcing law.
A. The following are examples of Anti-Semitism:
(6) Accusing Jews with conspiring to harm humanity, and it is often used to blame Jews
for "why things go wrong." It is expressed in speech, writing, visual forms and action,
and employs sinister stereotypes and negative character traits;
(7) Denying the fact, scope, mechanisms (e.g. gas chambers) or intentionality of the
genocide of the Jewish people at the hands of National Socialist Germany and its
supporters and accomplices during World War II (the Holocaust);
(8) Anti-Semitic acts are criminal when they are so defined b, law(for example, denial of
the Holocaust or distribution of antisemitic materials in some countries);
(9) Criminal acts are anti-Semitic when the targets of attacks, whether they are people or
property such as buildings, schools, places of worship and cemeteries — are selected
because they are, or are perceived to be, Jewish or linked to Jews; or
(10) Anti-Semitic discrimination is the denial to Jews of opportunities or services available
to others and is illegal in many countries.
B. The following are examples of Anti-Semitism related to Israel:
Manifestations might include the targeting of the state of Israel, conceived as a Jewish
collectivity.
E4)(5A However, criticism of Israel similar to that levied against any other country cannot be
regarded as anti-Semitic.
Section 3. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the
same, are hereby repealed.
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Section 4. Severability. If any section, subsection, clause or provision of this Ordinance is
declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not
be affected by such invalidity.
Section 5. Inclusion in the Code. It is the intention of the City Commission, and it is hereby
ordained that the provisions of this Ordinance shall become and made a part of the Code of
Ordinances of the City of Sunny Isles Beach; that the sections of this Ordinance may be
renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance" shall be
changed to "Section" or other appropriate word, as required.
Section 6. Effective Date. This Ordinance will become effective ten (10) days after adoption
at second reading.
PASSED on first reading this I0 -day of November 2020.
PASSED AND ADOPTED on second reading this I'7 day of December 2020.
George H. Scholl, Mayor
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APPROVED AS TO FORM
AND LEGAL I FICIENCY:
Ed A. Dion, City Attorney
First Reading (( ,, �
Motion:&",SttoN-c d i�l�I k
Second: V I f'„6 OQ- &15U� J
Vote on First Reading:
Mayor Scholl
Vice Mayor Svechin
Commissioner Goldman
Commissioner Lama
Commissioner Viscarra
Vote on Second Reading:
Mayor Scholl
Vice Mayor Svechin
Commissioner Goldman
Commissioner Lama
Commissioner Viscarra
Second Reading
Motion:
Second:
(Yes) (No)
(Yes) (No)
(Yes) (No)
(Yes) (No)
(Yes) (No)
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(Yes)
(No)
(Yes)
(No)
(Yes)
(No)
(Yes)
(No)
(Yes)
(No)
(Yes) (No)
(Yes) (No)
(Yes) (No)
(Yes) (No)
(Yes) (No)
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