Ordinance No. 2023-03 Creating Code Section 1-20 Adoption of IHRA Definition Consideration of Anti-Semitism and Hate Crimes in Enforcing Laws- March 7, 2023 CITY OF AVENTURA ORDINANCE NO. 2023-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING CHAPTER 1 "GENERAL
PROVISIONS," OF THE CITY OF AVENTURA CODE OF ORDINANCES
TO CREATE SECTION 1-20 "ADOPTION OF IHRA DEFINITION,
CONSIDERATION OF ANTI-SEMITISM AND HATE CRIMES IN
ENFORCING LAWS," TO FURTHER DEMONSTRATE THE CITY'S
COMMITMENT TO COMBAT ANTISEMITISM AND DIRECTING THE
POLICE DEPARTMENT TO CONSIDER ACTS OF ANTISEMITISM IN
THE EVALUATION OF EVIDENCE IN ENFORCING HATE CRIME LAWS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission recognizes that changes to the adopted Code
of Ordinances are periodically necessary in order to ensure that the City's regulations are
current and consistent with the City's planning and regulatory needs; and
WHEREAS, government officials and institutions have a responsibility to protect
citizens from acts of hate and bigotry motivated by discriminatory animus, including
antisemitism, and must be given the tools to do so; and
WHEREAS, the City Commission will not tolerate discrimination within its
jurisdiction; and
WHEREAS, antisemitism, including harassment on the basis of actual or
perceived Jewish origin, ancestry, ethnicity, identity, affiliation, or faith, remains a
persistent, pervasive, and disturbing problem in contemporary American society and in
the State of Florida; and
WHEREAS, the City Commission adopted Resolutions Nos. 2020-59, 2020-37,
2019-13 and 2018-45, which reaffirmed the City's commitment to work proactively against
all forms of unlawful antisemitic conduct wherever and whenever it may be encountered;
and
WHEREAS, the International Holocaust Remembrance Alliance working definition
(the "Definition") is used by various agencies of the federal and state government, in
addition to twenty-two States within the United States and an increasing number of cities.
City of Aventura Ordinance No. 2023-03
The Definition has also been adopted by thirty-seven United Nations member countries,
and a growing number of other nations that have Jewish populations; and
WHEREAS, the City Commission wishes to create Section 1-20 of the City Code
to adopt the IHRA Working Definition ofAntisemitism that was adopted on May 27, 2016,
including the contemporary examples provided therein; 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 COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1. Recitals Adopted. That each of the above stated recitals are hereby
adopted and confirmed.
Section 2. City Code Amended. That Chapter 1 "General Provisions," of the
City Code of Ordinances is hereby amended to read as follows:
Chapter 1 — GENERAL PROVISIONS
Sec. 1-20. Adoption of IHRA definition; consideration of anti-Semitism and hate crimes
in enforcing laws.
(a) Definitions. For the purposes of this Section, the following definitions shall apply:
"Anti-Semitism" means the definition adopted by the International Holocaust
Remembrance Alliance on May 26, 2016, as well as a certain perception of Jews
which may be expressed as hatred toward Jews. Rhetorical and physical
manifestations of antisemitism are directed toward Jewish or non-Jewish individuals
and/or their property, toward Jewish community institutions and religious facilities.
"Hate crime" means the commission of a felony or misdemeanor that evidences
prejudice based on the race, color, ancestry, ethnicity, religion, sexual orientation,
national origin, homeless status, or advanced age of the victim, based on the
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standards used to determine whether penalties for crimes shall be reclassified based
on evidence of prejudice during the commission of said crimes according to F.S.
775.085.
The following contemporary examples of anti-Semitism, including those identified by
the United States Department of State, may be considered among others in the
evaluation of whether there is evidence 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);
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;
Accusing Jews as a people of being 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; or
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.
Examples of anti-Semitism related to Israel include:
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
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City of Aventura Ordinance No. 2023-03
cannot be regarded as anti-Semitic.
In reviewing, investigating, or deciding whether there has been a violation of any
relevant policy, law, or regulation prohibiting discriminatory acts, Aventura City
departments and officials shall take into consideration the Definitions of anti-Semitism
and hate crime for purposes of determining whether the alleged act was motivated by
discriminatory anti-Semitic intent, consistent with the federal and state statutes
Prohibiting hate crimes.
For the purposes of training of City employees related to discrimination and anti-bias
training, the Definitions of anti-Semitism and hate crime shall be used as an
educational tool to familiarize City officials with identifying and addressing
antisemitism, consistent with the federal and state statutes prohibiting hate crimes.
(e) 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. That it is the intention of the City Commission,
and it is hereby ordained that the provisions of this Ordinance shall become and be made
a part of the Code of the City of Aventura, that the sections of this Ordinance may be
renumbered or relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
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Section 5. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Kruss, who moved its
adoption on first reading. This motion was seconded by Commissioner Bloom and upon
being put to a vote, the vote was as follows:
Commissioner Amit Bloom Yes
Commissioner Rachel S. Friedland Yes
Commissioner Paul A. Kruss Yes
Commissioner Dr. Linda Marks Yes
Commissioner Michael Stern Yes
Vice Mayor Billy Joel Yes
Mayor Howard S. Weinberg Yes
The foregoing Ordinance was offered by Commissioner Kruss, who moved its
adoption on second reading. This motion was seconded by Commissioner Friedland,
and upon being put to a vote, the vote was as follows:
Commissioner Amit Bloom Yes
Commissioner Rachel S. Friedland Yes
Commissioner Paul A. Kruss Yes
Commissioner Dr. Linda Marks Yes
Commissioner Michael Stern Yes
Vice Mayor Billy Joel Yes
Mayor Howard S. Weinberg Yes
PASSED on first reading this 7th day of February, 2023.
PASSED AND ADOPTED on second reading this 7th day of March, 2023.
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•
HOWARD S. WEINBERG, ES
MAYOR
e
ATTEST:
ELLISA L. HORVA , MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
I ,
CITY ATTORNEY...
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