The URL can be used to link to this page

Home My WebLink AboutOrdinance 2018-516 ORDINANCE NO. 2018- 5 CP AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, CREATING CHAPTER 195 ENTITLED "POLICE REGULATIONS" TO CREATE ARTICLE 1 "CONSIDERATION OF ANTI-SEMITISM IN ENFORCING LAWS;" PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN THE CITY CODE, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Sunny Isles Beach ("City") will not tolerate discrimination within its jurisdiction; and WHEREAS,the City's Police Department should consider potential anti-Semitic motivation for criminal offenses in order to ensure the safety and well-being of its Jewish community; and WHEREAS, the United States Department of State's Special Envoy to Monitor and Combat Anti-Semitism published a fact sheet issued June 8, 2010 containing a proposed working definition and providing contemporary examples of anti-Semitism, attached as Exhibit "A"; and WHEREAS, the City Commission seeks to require its Police Department to consider this definition and the examples in Exhibit "A" 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,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 COMMISISON 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 of this Ordinance upon adoption hereof Section 2. New Chapter. The City Code of the City of Sunny Isles Beach is amended to read as follows: CHAPTER 195 POLICE REGULATIONS ARTICLE 1 Anti-Semitism in Enforcing Laws. Section 1. Purpose. The purpose of this article is to provide the Police Department with tools to determine if certain criminal violations are initiated based on Anti- Semitism. Page 1 Section 2. Definitions. (A) Anti-Semitism is a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of anti-Semitism are directed toward Jewish or non-Jewish individuals or their property, or toward Jewish community institutions and religious facilities. (B) Police means Police Department of the City of Sunny Isles Beach or any other law enforcement agency. Section 3. Consideration of Anti-Semitism in Enforcing Law. (1) The following are examples of Anti-Semitism: A. Calling for, aiding, or justifying the killing or harming of Jews (often in the name of a radical ideology or•an extremist view of religion); B. Making mendacious, dehumanizing, demonizing, or stereotypical allegations about Jews as such or the power of Jews as a collective especially, but not exclusively, the myth about a world Jewish conspiracy or of Jews controlling the media, economy, government or other societal institutions; C. Accusing Jews as a people of being responsible for real or imagined wrong doing committed by a single Jewish person or group, the state of Israel, or even for acts committed by non- Jews; D. Accusing the Jews as a people, or Israel as a state, of inventing or exaggerating the Holocaust; or E. Accusing Jewish citizens of being more loyal to Israel, or to the alleged priorities of Jews worldwide, than to the interest of their own nations. (2) The following are examples of Anti-Semitism related to Israel: A. Demonizing Israel by using the symbols and images associated with classic anti-Semitism to characterize Israel or Israelis, drawing comparisons of contemporary Israeli policy to that of the Nazis, or blaming Israel for all inter-religious or political tensions; B. Applying a double standard to Israel by requiring behavior of Israel that is not expected or demanded of any other democratic nation, or focusing peace or human rights investigations only on Israel; or • C. Delegitimizing Israel by denying the Jewish people their right to self-determination, and denying Israel the right to exist. D. However, criticism of Israel similar to that levied against any other country cannot be regarded as anti-Semitic. Page 2 Section 4. Investigation by the Police Department consideration: A. In investigating whether there has been a violation of law,the City of Sunny Isles Beach Police Department shall take into consideration the definition of Anti-Semitism for purposes of determining whether the alleged violation was motivated by Anti-Semitic intent; consistent with the federal and state statutes prohibiting hate crimes. B. Nothing in this section may be construed to diminish or infringe upon any right protected under the First Amendment to the Constitution of the United States, or the State of Florida's Constitution. Nothing in this section may be construed to conflict with Federal or State discrimination laws. Section 3. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of 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. Section 4. 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 City of Sunny Isles Beach Code;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. Section 5. Effective Date. This Ordinance shall become effective ten (10) days after adoption on second reading. PASSED and ADOPTED on First Reading the f Sf day of 34,10wQ, , 2018. PASSED and ADOPTED on Second Reading this O. o� t� , 2018. George H. Sch• 1; Mayor AT ISS ArfP,Mauri io :etan ur, CMC, City Clerk Page 3 APPR I - i►,1 • . 1 ORM AND •• "iw`r •, 1 ► CY AP f s 0ni of rit''Alto ey Moved by: CO & tOrJ _ SVEU i Second by: l.Offititt xl O4 z 6 ATTD VOTE AS FOLLOWS: / Mayor Scholl ( I/ ) yes ( ) no Vice Mayor Goldman ( ✓) yes ( ) no Commissioner Aelion ( ,/) yes ( ) no Commissioner Gatto ( ✓) yes ( ) no Commissioner Svechin ( /) yes ( ) no Page 4 EXHIBIT A June 8, 2010 Fact Sheet Issued by the Special Envoy to Monitor and Combat Anti-Semitism of the U.S. Department of State Page 5 �,,�r.xr"° w x sr-rrs:cs **... sr u --,,,..---.-:-"-^"-2-,`Z,;,;;;;-,.. r X.�'` z,.,.. '`::---•--'-.:- s � a 'n" pis .-e-.. v f 5- , r+ " .. . '� _. ��E 3 �g�„r'�TES oY.„, ,./1,,..a.'......„4,,,-,1:•>'•` €47i, '"`;"a `� a " `Anti-Semitism is a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of anti-Semitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities." i �RIi71VG DEFINITION of-ANTI-SEMITISM Gy the European Monitoring Center on Racism and Xenophobia CONTEMPORARY EXAMPLES of ANTI-SEMITISM Calling for, aiding, or justifying the killing or harming of Jews (often in the name of a radical ideology or an extremist view of religion). 0 Making mendacious, dehumanizing, demonizing, or stereotypical allegations about Jews as such or the power of Jews as a collective— especially but not exclusively, the myth about a world Jewish conspiracy or of Jews controlling the media, economy, government or other societal institutions. a people of being 0 Accusing Jews as responsible for real or imagined wrongdoing committed by a single Jewish person or group, the state of Israel, or even for acts committed by non-Jews. Accusing the Jews as a people, or Israel as a state, of inventing or exaggerating the Holocaust. ® Accusing Jewish citizens of being more loyal to Israel, or to the alleged priorities of Jews worldwide, than to the interest of their own nations. -, e,_:_>, .. ,STATE-S. DEP.A.RTME,NT. ,o,F-"S,TAT-E _.. ., x s v_,._,_:a . , slsho ":ms`s, - � 1 coq �v - 'dy, is a5 ti� f yam, � � s 7 ,. „' r • WHAT IS ANTI—SEMITISM RELATIVE TO ISRAEL? EXAMPLES of the ways in which anti-Semitism manifests itself with regard to the state of Israel, taking into account the overall context could include: DEMONIZE ISRAEL: m Using the symbols and images associated with classic anti-Semitism to characterize Israel or Israelis Drawing comparisons of contemporary Israeli policy to that of the Nazis m Blaming Israel for all inter-religious or political tensions DOUBLE STANDARD FOR ISRAEL: E3 Applying double standards by requiring of it a behavior not expected or demanded of any other democratic nation El Multilateral organizations focusing on Israel only for peace or human rights investigations DELEGITIMIZE ISRAEL: m Denying the Jewish people their right to self-determination, and denying Israel the right to exist However, criticism of Israel similar to that leveled against any other country cannot be regarded as anti-Semitic. . U'N I TEDTATESD E"R"A R T'M E N T=_O F.,S'TSA T`E " sls(io C r- , • ,.,. , 0 _, ,, 1NY ts1F Cityof SunnyIsles BeachCity Commission ''',9 George"Bud"Scholl,Mayor : r F 18070 Collins Avenue, Suite 250 Dana Goldman,Vice Mayor , Isaac Aelion, Commissioner Sunny Isles Beach, Florida��160v ' �1 � = Jeanette Gatto,Commissioner * = Larisa Svechin,Commissioner `a ' (305) 947-0606 City Hall * ..‘-__::4:7_0-� �** (305) 949-3113 Fax y .9 ; \oP eP (305) 947-2150 Building Department Christopher J.Russo City Manager F F L O R 5 Hans Ottinot,City Attorney r r (305)947-5107 Fax �lauricio Betancur,CMC,City Clerk c, �o OF SUN MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Hans Ottinot, City Attorney "IA i DATE: January 18, 2018 RE: Creating Chapter 195 in the Code of Ordinances of the City of Sunny Isles Beach entitled "Police Regulations" to create a New Article entitled "Consider Anti- Semitism in Enforcing Laws". RECOMMENDATION This Ordinance is recommended for approval. REASONS The attached Ordinance is presented for approval to provide the Police Department with additional tools to address crimes that maybe motivated by Anti-Semitism. The City of Sunny Isle Beach is a diverse community which includes a significant Jewish population. As such,-the need to prevent crimes that are motivated by Anti-Semitism is in the interest of the public welfare and safety. This proposed Ordinance has been adopted by other municipalities, including the Village of Bal Harbour. This Ordinance is sponsored by Vice Mayor Dana Goldman.