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HomeMy WebLinkAboutOrdinance 98-19 ORDINANCE NO. 98-19 AN EMERGENCY ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA ESTABLISHING A POLICE DEPARTMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 4.4 of the Charter of the City of Sunny Isles Beach, an emergency ordinance may be enacted upon a finding of emergency affecting life, health, property or public peace; and WHEREAS, the City Commission desires to have the transition of police services from Miami-Dade County to the City of Sunny Isles Beach effective February 26, 1998; and WHEREAS, the Police Chief must provide timely notification to the State of Florida of the City's intent to operate a police department; and WHEREAS, this emergency ordinance will lapse in sixty days by which time a permanent ordinance will be duly enacted by the City Commission pursuant to the provisions of the City Charter and Florida Statutes; NOW THEREFORE IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA AS FOLLOWS: Section 1. Finding of Emeraency. The Commission hereby declares that a public emergency exists pursuant to Section 4.4 of the Charter of the City of Sunny Isles Beach. Section 2. Establishment of Police Department. The City of Sunny Isles Beach Police Department is hereby established. (A) Commission. Powers. Authority to Make Arrests. All police officers of this city, upon being duly sworn and commissioned and certified by the State of Florida, shall be peace officers, and as such conservators of the peace, and shall have power to restrain and detain citizens; to issue warnings and citations; to make arrests and engage in all activities as authorized under the Constitution and laws of the United States, the Constitution and laws of the State of Florida, the ordinances of Dade County, and the ordinances of the City of Sunny Isles Beach; and to execute lawful warrants and civil process directed to officers of this city. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase or this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Emerg. Police Dept. ord. Section 4. Effective Date. This Ordinance shall become effective immediately after adoption. PASSED AND ADOPTED as an Emergency Ordinance this 26th day of February, 1998. ATTEST: tJZ~o.J ~- ~~ Richard Brown-Morilla, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Moved by: Commissioner Kauffman Seconded by: Commissioner Iglesias VOTE AS FOLLOWS: Mayor David Samson Vice Mayor Turetsky Commissioner Iglesias Commissioner Kauffman Commissioner Morrow Emerg. Police Dept. ord. '.l'~l .,......, t_....... ~ to"'.. . .) ..I .... '\ ~ \ , , ',f/. (" .. ' ~ ............. . -',""'" I . ~) . ". .< t'"..'....... I :: !(, \ l r"~' ..,.--- "., .' ..... (.) .,~.,.... '.............". -'. ,', If.,., ...~ '<lit':: "',~ /' .. ;, . -, " _' I \ "'^"'. "'. ." ... ? * r' ('",' , .' ( ~)yes ( )yes ( ~)yes ( ~)yes ( ~)yes ()no ( ~)no ()no ()no ()no