Ordinance No. 2024-07 Prohibiting Urinating and Defecating in Plain View in Public Places - May 7, 2024 CITY OF AVENTURA ORDINANCE NO. 2024-07
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 1-22 "URINATING OR DEFECATING IN PLAIN
VIEW IN PUBLIC PLACES 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 City; 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. 2024-07
Section 2. City Code Amended. That Chapter 1 "General Provisions," of the City
Code of Ordinances is hereby amended to read as follows:'
Sec. 1-22. Urinating or defecating in plain view in public places
prohibited.
(a) It shall be unlawful for any person to intentionally urinate
or defecate in plain view of the public on any public
sidewalk, street, alley, park, or other public property in the
City. For purposes of this section "in plain view of the
public" shall mean where such act may be readily
observed by a member of the public.
This section shall not apply to urinating or defecating in
any restroom facility in a manner for which that facility
was designed.
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
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 Commissioner Stern, who moved its
adoption on first reading. This motion was seconded by Vice Mayor Kruss, and upon
being put to a vote, the vote was as follows:
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City of Aventura Ordinance No. 2024-07
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
The foregoing Ordinance was offered by Commissioner Stern, 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 Paul A. Kruss Yes
Commissioner Michael Stern Yes
Vice Mayor Dr. Linda Marks Yes
Mayor Howard S. Weinberg Yes
PASSED on first reading this 2nd day of April, 2024
PASSED AND ADOPTED on second reading this 7th day of May, 2024
•
` H WARD S. WEINBERG, ES
MAYOR
ATTEST:
ELLISA L. HORVA , MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
/i., � 1-fIA
ROBERT MEYERS
CITY ATTORNEY
WEISS SEROTA HELFMAN COLE + BIERMAN, P.L.
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