Ordinance No. 2023-19 Creating Section 1-21 Camping Prohibited - November 7, 2023 CITY OF AVENTURA ORDINANCE NO. 2023-19
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 1-21 "CAMPING PROHIBITED"; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, as provided in Section 2(b), Article V111 of the Constitution of the State
of Florida, and Section 166.021(1), Florida Statutes, the City of Aventura, Florida (the
"City"), a municipal corporation, enjoys all governmental, corporate, and proprietary
powers necessary to conduct municipal government, perform municipal functions, and
render municipal services, and may exercise any power for municipal purposes, except
as expressly prohibited by law; and
WHEREAS Article V111, Section 2 of the Florida Constitution, and Chapter 166,
Florida Statutes, provides municipalities with the authority to exercise any power for
municipal purposes, except where prohibited by law, and to adopt ordinances in
furtherance of such authority; and
WHEREAS, the City Charter empowers the City Commission to adopt, amend or
repeal its ordinances and resolutions as may be required for the benefit of the residents
of the Village; and
WHEREAS, the City Commission finds it periodically necessary to amend its Code
of Ordinances and Land Development Regulations ("Code") in order to update regulations
and procedures necessary to implement municipal goals and objectives; and
WHEREAS, the City Commission further finds it to be in the best interest of the
public health, safety and welfare of the citizens to adopt this Ordinance amending the
City's Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1. Recitals. That the above stated recitals are hereby adopted and
confirmed.
City of Aventura Ordinance No. 2023-19
Section 2. City Code Amended. That Chapter 1 "General Provisions," of the City
Code of Ordinances is hereby amended to read as follows:'
Sec. 1-21 . Camping prohibited
(a) It shall be unlawful in the City of Aventura to engage in camping on public
or private property, including rights-of-way, except as may be specifically
authorized by the appropriate governmental authority and/or property
owner.
Definitions:
Temporary Shelter means the unauthorized use of fabric, metal,
cardboard, or other materials as a tent or other temporary structure for
living accommodation purposes or human habitation.
Camping means to reside or dwell temporarily on City property by the
erection, use or occupation of any tent, hut, lean-to, shack or Temporary
Shelter for sleeping purposes, or the laving down of bedding, such as a
mat, blanket, sleeping bag or similar material for the purpose of sleeping,
and conducting activities of daily living such as eating, sleeping or
storage of personal possessions in such place.
Officer means a sworn law enforcement officer of the City of Aventura
Police Department.
Proper Identification means a driver's license, a government or
employment identification card with a photograph, or other form of
photo-bearing identification that would satisfy a reasonable law
enforcement officer as to the identity of the person.
ll Being in a Temporary Shelter or being asleep atop or covered by materials
in a public place may be evidence of Camping, but is not alone sufficient to
constitute a violation of this section. One (1) or more of the following shall
also exist to determine whether the camping was for living accommodation
purposes:
Numerous items of personal belongings are present;
The person is engaged in cooking activities;
The person has built or is maintaining a fire;
The person has engaged in digging or earth breaking activities;
1 Coding:«r"ethreugh werd^i are deletions to the existing words.Underlined words are additions
to the existing words.Changes between first and second reading are indicated with yellow highlight
and double strilkethreug-4 or double underline.
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City of Aventura Ordinance No. 2023-19
(5) The person is asleep and he or she has no other permanent place to
live.
Except as provided for in subsection (q), whenever an Officer has probable
cause to believe that a violation of this section has occurred, he or she shall
advise the person of the violation and afford the person an opportunity to
be transported to a public shelter.
Under such circumstances, the Officer shall advise the person that all of his
or her personal property that is not taken to the public shelter, except that
which is perishable or in an unsanitary condition, shall be inventoried and
stored by the City police department until reclaimed, or for a maximum of
sixty (60) days.
(e) If the person elects to be transported to a public shelter, the Officer shall
make available such transportation as may be available for such purpose
and the person making such election shall not be charged with a violation
of this section. If the person refuses to be transported to a public shelter,
then such person may be charged with a violation of this section.
ll If the person refuses to be taken to a shelter, the violation shall constitute a
public nuisance, and may subject the violator to arrest and shall, upon
conviction, be punishable either by a fine up to $500.00, imprisonment in
the county mail up to 60 days, or both.
jgj Subsection (d) shall not apply to any person who cannot be properly
identified, or is intoxicated, or who within the past year was previously
charged with a violation of this section three (3) times or who elected to be
transported to a public shelter three (3) times.
Any personal property that was inventoried and stored by the City police
department for a person transported to a shelter under the provisions of this
section which has not been reclaimed within sixty (60) days of the date of
inventory, shall be deemed abandoned and disposed of according to F.S.
Ch. 705.
Section 3. Conflicts. That all Sections or parts of Sections of the Code of
Ordinances, all ordinances or parts of ordinances, and all Resolutions, or parts of
Resolutions, in conflict with the Ordinance are repealed to the extent of such conflict.
Section 4. 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
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City of Aventura Ordinance No. 2023-19
they shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 5. 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 re-lettered to accomplish such intentions; and that the word
"Ordinance" shall be changed to "Section" or other appropriate word.
Section 6. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Vice Mayor Bloom, who moved its
adoption on first reading. This motion was seconded by Commissioner Dr. Marks and
upon being put to a vote, the vote was as follows:
Commissioner Rachel S. Friedland Yes
Commissioner Billy Joel Yes
Commissioner Paul A. Kruss Yes
Commissioner Dr. Linda Marks Yes
Commissioner Michael Stern Yes
Vice Mayor Amit Bloom Yes
Mayor Howard S. Weinberg Yes
The foregoing Ordinance was offered by Commissioner Joel, who moved its
adoption on second 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 Billy Joel Yes
Commissioner Dr. Linda Marks Yes
Commissioner Michael Stern Yes
Vice Mayor Paul A. Kruss Yes
Mayor Howard S. Weinberg Yes
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City of Aventura Ordinance No. 2023-19
PASSED on first reading this 3rd day of October, 2023
PASSED AND ADOPTED on second reading this 7t" day of November, 2023.
•
ARD S. WEINBERG, ESQ.
MAYOR
ATTEST:
ELLISA L. HORVATFFlVFMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
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