HomeMy WebLinkAboutO-12430City of Miami
Legislation
Ordinance: 12430
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 03-0100b Final Action Date: 11/13/2003
AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 54
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"STREETS AND SIDEWALKS" TO ESTABLISH REASONABLE TIME, PLACE
AND MANNER REGULATIONS CONCERNING MATERIALS AND OBJECTS
THAT MAY BE POSSESSED, CARRIED OR USED BY THOSE PARTICIPATING
IN PARADES AND PUBLIC ASSEMBLIES; MORE PARTICULARLY BY ADDING
NEW SECTION 54 6.1 TO SAID CODE; CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
WHEREAS, the City's current parade regulations, which govern parades, demonstrations,
rallies and assemblies, were enacted more than twenty years ago; and
WHEREAS, the statutory and judicial laws governing parades, demonstrations, rallies and
assemblies have developed and are significantly different than law as it existed at the time of
enactment; and
WHEREAS, current technology, communication and materials available have altered the
manner in which such events occur, and the nature and level of the activity of those participating in
such events have changed significantly since the enactment of the current regulations; and
WHEREAS, in recent years, civil unrest and disturbance have occurred at parades and
assemblies, accompanied in some instances by significant personal injuries and property damage,
including injuries and damage caused by the use of various weapons and projectiles including
some or all of those items specified in Section 2 of this Ordinance; and
WHEREAS, courts have recognized the right of jurisdictions to enact reasonable time, place
and manner restrictions related to parades, demonstrations, rallies and assemblies while
protecting the First Amendment rights of groups and individuals wishing to express their views by
such demonstrations, rallies and assemblies; and
WHEREAS, the regulations of the City of Los Angeles restricting the size, nature and shape of
sign handles were recently upheld by the Ninth Circuit Court of Appeal. See: Vlasak v. Superior
Court, 329 F.3d 683 (9th Cir. 2003). See also: Edwards v. City of Coeur D'Alene, 262 F.3d 856
(9th Cir. 2001); Foti v. City of Menlo Park, 146 F.3d 629 (9th Cir. 1998); and
WHEREAS, the City of Miami wishes to ensure the safety and security of those viewing,
attending, or participating in parades and assemblies, the residents and businesses, and the
City of Miami
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public officials and employees responsible for handling or overseeing such events on public
property in the City of Miami to reduce or avoid the possibility of personal injury and property
damage; and
WHEREAS, the City of Miami recognizes the First Amendment rights of those wishing to
express their views, both individually and collectively, on issues addressed at or in future parades,
protests, demonstrations, rallies; and
WHEREAS, it is appropriate for the City Commission to enact regulations relating to parades
and assemblies to ensure the safety and well-being of individuals and property, while ensuring the
First Amendment rights of those wishing to associate and to express their views, both individually
and collectively; and
WHEREAS, it is the purpose and intent of the City of Miami, in enacting the regulations set
forth in Section 2 of this Ordinance, to establish reasonable time, place and manner restrictions for
parades and assemblies to ensure the safety and well-being of individuals and property, while at
the same time ensuring the First Amendment rights of those wishing to associate and to express
their views, both individually and collectively; and
WHEREAS, in enacting these regulations, the City is cognizant of recent court decisions that
authorize the enactment of reasonable time, place and manner restrictions, and the City is also
cognizant of its obligation not to improperly restrict the First Amendment rights of individuals and
groups wishing to associate and to express their First Amendment views on any and all issues,
and to do so in a robust, vigorous manner; and
WHEREAS, the regulations in Section 2 of this Ordinance restrict only the types of materials
that those participating in parades, demonstrations, rallies and assemblies may have in their
possession, and do not interfere with their rights of association and expression; and
WHEREAS, the materials restricted or prohibited by Section 2 of this Ordinance have the
potential to be used as weapons and to inflict personal and property damage, or to provide
protection by preventing permitted law enforcement controls related to those participating in the
use of such weapons and the infliction of personal and property damage, and the materials have
been used for this purpose in events in other jurisdictions; and
WHEREAS, it is therefore, reasonable and appropriate to restrict possession of certain
materials as a reasonable time, place and manner regulation;
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 54 of the Code of the City of Miami, Florida, as amended, entitled
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"Streets and Sidewalks" is amended in the following particulars:{1}
"CHAPTER 54
STREETS AND SIDEWALKS
ARTICLE I. IN GENERAL
Sec. 54-6.1. Parade and Assembly Prohibitions
(a) Definitions.
The term "Parade" shall mean a coordinated movement of seven (7) or more pedestrians
or vehicles upon the streets, within the city with an intent of attracting public attention that
interferes with or has a tendency to interfere with the normal flow or regulation of traffic upon the
street .
The term "Public Assembly" shall mean a gathering outside a structure of more than eight
(8) persons for a common purpose at a public place that continues in existence for more than thirty
(30) minutes.
(b) The following prohibitions shall apply to all parades and public assemblies:
1. It shall be unlawful for any person at any parade or public assembly to carry or possess
any weapon, as defined below. For purposes of this chapter, and notwithstanding any other
provision of this code, "weapon" means any pistol, rifle, shotgun or other firearm of any kind,
whether loaded or unloaded, air rifle, air pistol, paintball gun, paintball rifle, explosive, blasting
cap(s), knife, hatchet, ax, slingshot, slungshot, blackjack, metal knuckles, mace, iron buckle ax
handle, chains, crowbar, hammer, shovel, or any club or bludgeon or any other instrumentality
used or intended for use as a dangerous weapon.
2. It shall be unlawful for any person to carry or possess any sign, poster, plaque or notice
unless such sign, poster, plaque, or notice is constructed solely of a cloth, paper, flexible or
cardboard material no greater than one -quarter inch in thickness.
3. It shall be unlawful for any person to carry or possess any length of lumber, wood or
wood lath unless it is one-fourth inch or less in thickness and two inches or less in width or if not
generally rectangular in shape, such object shall not exceed three-quarters inch in its thickest
dimension. Both ends of the length of lumber, wood or wood lath shall be blunt and shall not be
pointed. Exceptions from this section include 1) lumber or wood used to support or control
puppets, so long as the lumber or wood is not detached from the puppets and 2) stilts, defined as
two poles with footrests off the ground on which someone balances or walks so long as each stilt
does not exceed fifteen (15) feet in length and two by two (2X2) inches in width.
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4. It shall be unlawful for any person to carry or possess any length of metal, plastic or
other similar hard of stiff material, whether hollow or solid; provided that hollow plastic does not
exceed three-quarter (3/4") inch in its thickest dimension, does not exceed one -eighth inch (1/8")
in wall thickness and is not filled with any material, liquid, gas or solid, may be used to support a
sign, banner, placard or other similar display; however, both ends of the length of plastic material
shall be blunt, and not pointed.
5. It shall be unlawful for any person to carry or possess glass bottles, glass jars or glass
containers of any kind unless such glass container is a vial required to hold medication customarily
stored in a glass vial.
6. It shall be unlawful for any person to carry or possess balloons filled with any material or
substance other than air, oxygen or helium. Such materials and substances include, but are not
limited to, water, paint, or any other liquid, solid, or other gas.
7. It shall be unlawful for any person to carry or possess bricks, stones, rocks, or pieces of
asphalt or concrete. No person may carry or possess with the intent to unlawfully use any hard
materials or substances or pieces of hard materials or substances that are capable of being
thrown or projected.
8. It shall be unlawful for any person to carry or possess spray paint cans.
9. It shall be unlawful for any person to carry or possess any projectile launcher or other
device which is commonly used for the purpose of launching, hurling or throwing any object, liquid,
material or other substance, including, but not limited to, supersoakers and watercannons. Nothing
in this subsection is intended to prohibit or restrict those participating in parades, demonstrations,
rallies or assemblies from possessing sufficient amount of water or other liquids designed and
intended for human consumption during such events.
10. It shall be unlawful for any person to carry or possess any so called Sleeping Dragon
Device, with the intent to use the device to deny or obstruct the public's ability to freely move about
on roadways, sidewalks, or into or out of buildings. For purposes of this subsection, a Sleeping
Dragon Device shall mean a section of pipe, or a container, filled with weighted material,
handcuffs, chains, carabiners or other locking devices used to lock a person or persons to another
person or persons or other objects.
Nothing in this section shall prohibit a disabled person from carrying, possessing or using a
wheelchair, cane, walker, or similar device necessary for providing mobility so that the person may
participate in a parade.
Nothing in this section is intended to authorize the possession or use of materials, weapons
or devices that are otherwise prohibited by any other local, state or federal ordinance, statute or
regulation. The purpose of this section is to prohibit the carrying or possession of items and
materials that have the potential to be used as weapons to cause physical or personal damage,
and whose possession might not otherwise be prohibited by local, state or federal law.
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Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in
conflict with the provisions of this Ordinance are repealed.
Section 4. If any section, part of 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
adoption thereof.{2}
Footnotes:
{1} 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 unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within
ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall
become effective immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
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