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@ File ID: #14011
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Ordinance
Second Reading
Sponsored by: Joe Carollo, Commissioner, Manolo Reyes, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
38/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("CITY CODE"), TITLED "PARKS AND RECREATION/IN GENERAL," BY CREATING
SECTION 38-14, TITLED "DISORDERLY CONDUCT IN PARKS PROHIBITED," TO
PROHIBIT DISORDERLY CONDUCT IN CITY OF MIAMI PARKS; PROVIDING FOR
DEFINITIONS; PROVIDING FOR PENALTIES AND ENFORCEMENT; FURTHER
DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY
TO IMPLEMENT THIS ORDINANCE; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
City of Miami File ID: 14011 (Revision: A) Printed On: 6/20/2023
City of Miami
Legislation
Ordinance
Enactment Number: 14181
File Number: 14011
Final Action Date: 6/8/2023
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
38/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("CITY CODE"), TITLED "PARKS AND RECREATION/IN GENERAL," BY CREATING
SECTION 38-14, TITLED "DISORDERLY CONDUCT IN PARKS PROHIBITED," TO
PROHIBIT DISORDERLY CONDUCT IN CITY OF MIAMI PARKS; PROVIDING FOR
DEFINITIONS; PROVIDING FOR PENALTIES AND ENFORCEMENT; FURTHER
DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY
TO IMPLEMENT THIS ORDINANCE; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, the City of Miami ("City") is committed to providing safe, clean, and
enjoyable parks for its residents and visitors; and
WHEREAS, parks serve as important public spaces that serve as venues for exercise,
relaxation, socialization, and community events; and
WHEREAS, disorderly conduct in City parks, including loud, vulgar, or abusive language
or behavior aimed at other residents or visitors, threatens to disrupt the peace, interfere with the
public's use and enjoyment of the parks, and create an unsafe and unwelcoming environment;
and
WHEREAS, the City has a responsibility to maintain order and protect the public's use
and enjoyment of its parks, while also respecting the constitutional rights of its residents and
visitors;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 38, Article I of the Code of the City of Miami, Florida, as amended, is
further amended as follows:'
"CHAPTER 38
PARKS AND RECREATION
ARTICLE I. IN GENERAL
' Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted
and unchanaed material.
City of Miami File ID: 14011 (Revision: A) Printed On: 6/20/2023
Sec. 38-14. Disorderly conduct in parks prohibited.
(a) Definitions
(1) "City park(s)" means any park or other recreational area owned or operated by
the City of Miami, Florida.
(2) "Disorderly Conduct" means any act, conduct, or behavior that directly tends to or
does cause public danger, alarm, disorder, nuisance, a disturbance of the peace,
or interferes with the public's use and enjoyment of a City park, and by such act,
conduct, or behavior the perpetrator knowingly:
i. Creates a disturbance of the public order by an act of violence or by an
act which directly tends to or does produce violence, or makes, aids,
assists in making an improper noise, riot, disturbance, breach of the
peace or diversion which directly tends to or does create a breach of the
peace;
ii. Engages in fighting or in violent, threatening or tumultuous behavior, or
aids, incites, or abets any fight, quarrel, or other disturbance;
iii. Engages in intentional or reckless conduct in such a manner as to cause
another person to be in reasonable fear that a person or property in a
person's immediate possession is likely to be harmed or taken;
iv. Directs abusive or offensive language or gestures at another person,
including law enforcement officers while acting in their official capacity, in
a manner likely to provoke immediate physical retaliation or violence by
that person or another person;
v. Engages in disruptive conduct, including, but not limited to, loud and
aggressive behavior, physical altercations, or persistent and excessive
shouting, with the intent and effect of impeding or disrupting the lawful
use of a City park by one or more other persons; or
vi. Intentionally or recklessly damaging or destroying public or private
property.
(b) Prohibition. It shall be unlawful for any person to commit an act of disorderly conduct in
the City parks.
(c) Penalties. Any person found to have violated this section shall be punished in
accordance with section 1-13 of the City Code.
(d) Enforcement. This section shall be enforced pursuant to Section 1-13 of the City Code,
or any other enforcement mechanism as provided by law.
*„
Section 3. The City Manager is directed to take any and all actions necessary to
implement this Ordinance.
Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 5. This Ordinance shall become effective immediately after final reading and
signature of the Mayor.2
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
City of Miami File ID: 14011 (Revision: A) Printed On: 6/20/2023
APPROVED AS TO FORM AND CORRECTNESS:
J
ria i dez,'City Attor ley 5/16/2023
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein. whichever is later.
City of Miami File ID: 14011 (Revision: A) Printed On: 6/20/2023