HomeMy WebLinkAboutReso 2018-2891 RESOLUTION NO. 2018 -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING AN
INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY
AND THE CITY OF SUNNY ISLES BEACH FOR THE
ENFORCEMENT OF SECTION 8CC OF THE MIAMI-DADE
COUNTY CODE TO ESTABLISH A CIVIL CITATION PROGRAM
FOR MISDEMEANORS; PROVIDING FOR THE CITY MANAGER
AND THE CITY ATTORNEY WITH THE AUTHORITY TO DO
ALL THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 21-81 of the Miami- Dade County Code applies to all municipalities
in the County and is enforced, in part, through civil penalties under Section 8CC of the County
Code; and
WHEREAS, in 2015, Miami-Dade County approved the amendment of Section 21-81 of
the County Code which provides for civil penalties for certain misdemeanors including marijuana
possession; and
WHEREAS, the intent of the amendment was to reclassify what was formally considered
criminal behavior and allow a police officer the discretion to either apprehend the offender or issue
a civil citation; and
WHEREAS, municipalities in the County may enforce the provisions of Section 21-81 of
the County Code pursuant to 8CC-11 of the County Code upon the execution by the County and
municipality of an interlocal agreement; and
WHEREAS, the City Commission finds it to be in the best interest of the City and its
residents to have the City enforce the provisions of Section 21-81 of the County Code through
Section 8CC of the County Code as provided in the interlocal agreement;
NOW, THEREFORE, BE IT RESOLVED.BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA AS FOLLOWS:
Section 1. Recitals. The foregoing Whereas paragraphs are hereby ratified and
confirmed as being true, and the same are hereby made a specific part of this Resolution.
Section 2. Approving an Interlocal Agreement between Miami-Dade County and the
City of Sunny Isles Beach for the Enforcement of Section 8CC of the Miami-Dade County Code
to Establish a Civil Citation Program. The City Commission of the City of Sunny Isles Beach
hereby approves this Resolution approving an interlocal agreement between Miami-Dade County
and the City of Sunny Isles Beach for the enforcement of Section 8CC of the Miami-Dade County
Code as it relates to Section 21-81 of the County Code regarding the establishment of a civil
citation program.
Section 3. Authorization of City Manager and City Attorney. The City Manager and
City Attorney are hereby authorized to do all things necessary to effectuate the terms of this
Resolution.
Section 4. Effective Date. This Resolution shall take effect immediately upon its final
passage. -
11-
PASSED AND ADOPTED this is day of November 2018.
George . S, oll, Mayor
1 -
ATE" :•
r ! /� y
001
Mauricio B-tancur; CMC, City Clerk
'APPROVED AS TO FORM
AN 0 • - • L SUFFICIENCY:
4d-AN
Pr s U ttin? , City Attorney
Moved by: Cio2-
Secondedby:
Vl ex O 2
Vote:
Mayor Scholl I (Yes) (No)
Vice Mayor Goldman (Yes) (No)
Commissioner Aelion V(Yes) (No)
Commissioner Gatto ,(Yes) (No)
Commissioner Svechin If (Yes) (No)
ss" is F Cit of Sunn Isles BeachCity Commission
y y George"Bud"Scholl,Mayor
° = '� F 18070 Collins Avenue, Suite 250 Dana Goldman, Vice Mayor
n Sunny Beach,Isles Florida 33160 Isaac Aelion, Commissioner
Jeanette Gatto,Commissioner
' - * (305) 947-0606 City Hall Larisa Svechin,Commissioner
* (305)949-3113 Fax
Christopher J.Russo Ci Manager
iF sF o�° SSP (305)947-2150 Building Department Hans Ottinot,City Attorney
car' OF SUN "a° (305)947-5107 Fax Niauricio Betancur,CNiC,City Clerk
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Christopher J. Russo, City Manager
DATE: November 15, 2018
RE: Interlocal Agreement between Miami-Dade County and the City of Sunny Isles
Beach for the Enforcement of Section 8CC of the Miami-Dade County Code to
Establish a Civil Citation Program for Misdemeanors including Marijuana
Possession
Recommendation:
This Resolution is presented for your consideration.
Reasons:
In 2015, Miami-Dade County approved an amendment to Section 21-81 of the County Code,
which applies to all municipalities in the County to provide for civil penalties for certain
misdemeanors. The misdemeanors include but are not limited to: retail theft by removal of a
shopping cart, loitering or prowling, and the possession of up to 20 grams of marijuana or drug
paraphernalia. By adoption of an interlocal agreement with the County, the City's Police
Department may enforce Section 21- 81 by using the civil penalties provisions of Section 8CC of
the County Code, instead of arresting violators. Simply put, citations to appear in court rather
than an arrest.
This Resolution shall provide for the establishment of a Civil Citation Program of Section 8CC,
which will allow a City police officer to issue a citation of$100 or the equivalent of community
service hours in lieu of arrest. This program is a beneficial means of preventing first time
offenders, especially minors, from entering the criminal justice system and reducing arrests for
some non-violent offenses which traditionally affect a disproportionate amount of low-income,
juvenile, minority, and homeless individuals. This program may also provide cost savings to the
City from the reduction of City resources. Currently, many other municipalities in Miami-Dade
County are participating in this program. This resolution was requested by Miami-Dade County
Commissioner Sally Heyman.