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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.