HomeMy WebLinkAboutO-12505City of Miami
Legislation
Ordinance: 12505
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-00212 Final Action Date: 3/25/2004
AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 54
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND
SIDEWALKS" BY: REPEALING SECTION 54-1 IN ITS ENTIRETY AND
SUBSTITUTING IN LIEU THEREOF NEW SECTION 54-1 TO PROVIDE
DEFINITIONS; REPEALING 54-2 IN ITS ENTIRETY; AMENDING SECTION
54-3 TO APPLY TO PUBLIC WORKS AND COMMERCIAL EVENTS PERMITS
AND TO AFFIRMATIVELY INDICATE ITS INAPPLICABILITY TO PROTECTED
SPEECH IN PUBLIC FORUMS; AMENDING SECTION 54-6 TO PROVIDE THE
TIME LIMITS FOR THE FILING OF AN APPLICATION FOR A PERMIT FOR
PARADES AND PROCESSIONS; ADDING NEW SECTION 54-6.2 TO PROVIDE
FOR TIME LIMITS FOR THE FILING OF A PERMIT FOR AN ASSEMBLY; AND
REQUIRING INFORMATION IN THE APPLICATIONS FOR PARADES,
PROCESSIONS AND ASSEMBLIES TO SPECIFY CRITERIAAND CONDITIONS
FOR A PERMIT TO BE ISSUED, AND TO PROVIDE FOR NOTICE OF DENIAL,
REVOCATION AND ADMINISTRATIVE APPEAL; CONTAINING A REPEALER
PROVISION, ASEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
WHEREAS, the City of Miami's ("City") current regulations that govern protected speech in public
forums, including parades, demonstrations, rallies and assemblies were, for the most part, enacted
more than thirty years ago; and
WHEREAS, the statutory and decisional law governing protected speech in public forums,
including parades, demonstrations, rallies and assemblies, have developed and are significantly
different from the law as it existed at the time of initial enactment of the City; and
WHEREAS, courts in several jurisdictions have recognized the right of local governmental entities
to enact reasonable time, place and manner restrictions related to protected speech in public forums,
including parades, demonstrations, rallies, and assemblies while protecting the First Amendment
rights of groups and individuals wishing to express their views; and
WHEREAS, the City recognizes the First Amendment rights of those wishing to express their
views, both individually and collectively, on issues addressed at or in future public forums, including
parades, demonstrations, rallies, and assemblies; and
WHEREAS, in enacting the regulations containing herein, the City is cognizant of recent court
decisions that authorize reasonable time, place and manner restrictions, and the City is also
cognizant of its obligation to allow individuals and groups wishing to associate and to express their
First Amendment views on any and all issues, in a robust, vigorous manner;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
City of Miami
Page 1 of 10 File Id: 04-00212 (Version: 21 Printed On: 9/2/2016
File Number: 04-00212 Enactment Number: 12505
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. Section 54-2 of Chapter 54 of the Code of the City of Miami, Florida, as amended,
entitled "Streets and Sidewalks" is repealed in its entirety.
Section 3. Chapter 54 of the Code of the City of Miami, Florida, as amended, entitled "Streets
and Sidewalks" is further amended in the following particulars:{1}
"CHAPTER 54
STREETS AND SIDEWALKS
ARTICLE I. IN GENERAL
Sec. 54-1. Ob ct�ee " per -son ,.-aftter+notice +� dis erse ha
stand or gather upon any sidewalk in this city in such a way as to obstruct the
passage of persons along such sidewalk shall, upon conviction, be punished as
provided in section 1 13. No auctioneer, commission merchant or other merchant
shall be allowed to obstruct any sidewalk or street for the purpose of selling,
vending, showing or disposing of his wares or merchandise or of delivering the
same, nor shall any a.sembly of persons be assembled for the bidding of the same
co a.,-to-sb.,truct the free pac•sage of the sidewalk or street. Definitions.
The following words, terms and phrases, when used herein, shall have the
meanings ascribed to them in this Code, except where the context clearly indicates
a different meaning:
"Parade" means any march, ceremony, show, exhibition, pageant, footrace, bicycle
race or procession of any kind or similar display moving along or upon any public
right-of-way, park or other public place in the city conducted by any person,
government or civic organization or other entity. The term parade does not include:
(1) Funeral processions.
(2) Students going to and from school classes or participating in educational
activities, provided this conduct is under the immediate direction and supervision of
the proper school authorities.
(3) Any governmental agency acting within the scope of its functions.
Parade permit means a permit as required by section 54-6 of this Code.
"Assembly" means (i) a company of persons which is reasonably anticipated to
obstruct the normal flow of traffic upon the public right-of-way, park or other public
place and that is collected together in one place, or (ii) any organized march or rally
City of Miami Page 2 of 10 File Id: 04-00212 (Version: 21 Printed On: 9/2/2016
File Number: 04-00212 Enactment Number: 12505
of persons upon any public right-of-way park or public place that is reasonably
anticipated to obstruct the normal flow of activities or pedestrian or vehicular traffic
in or on the public right of way, park or public place and that does not meet the
definition of parade set forth in this Code.
Assembly permit means a permit as required by section 54-6.1 of this Code.
Sec. 54-2. Obstruction of free passage on sidewalks, etc.
(a)a Purpose. It is the intent of this section to eliminate the obstruction of free
passage over, on or along a street or sidewalk, which obstruction results from the
manner in which a person or number of persons shall stand, loiter or walk on said
street or sidewalk.
(b) Prohibited behavior. It is unlawful for any person or any number of persons
to so stand, loiter or walk upon any street or sidewalk in the city so ac to --obstruct
free passage over, on or along said street or sidewalk after a request by a law
enforcement officer to move on so as to cease blocking or obstructing free passage
thereon.
(c) Applicability. The provisions of subsection (b) hereof apply only when a
person or number of persons shall stand, loiter or walk on a street or sidewalk so
as to obstruct free passage and shall refuse to obey a request by an officer to
mover on; mere refusal to move on is not enough to support the offense. There
must be an anti ial blocking of free passage over on or along said street or
sidcwalk.
Sec. 54-3. Permit required to for work or commercial events that obstruct or close
street or sidewalk or impede traffic; fees; waiver of fees.
(a) No person shall obstruct, close, or cause to be obstructed or closed, any
street or sidewalk in this city or impede the general movement of vehicular or
pedestrian traffic without first having obtained a permit from both approved by the
police department, the public works department, and fire -rescue departments. In -
prior to the event/festival from the department of public works. After approval by the
departments of police, public works and fire -rescue and, if applicable, public works,
shall-L,suc pprove such permits only after approval fora permit issuance has
been granted by the city manager, or his/her designee, shall issue a permit. said -
approval contingent upon favorable recommendation by said departments for the
issuance of said permits.
(b) Such permit shall set forth minimal reasonable conditions necessary for
the protection of property and personal safety. Willful violation of the conditions set
forth shall render such permit null and void.
City of Miami Page 3 of 10 File Id: 04-00212 (Version: 21 Printed On: 9/2/2016
File Number: 04-00212 Enactment Number: 12505
(c) It shall be a condition precedent to the issuance of any such permit that
the applicant shall assume all civil liability for his applicant's acts of omission or
commission and shall, further, hold the city harmless for any acts arising or
resulting from the issuance of said permit and permitted work or commercial event
including acts of any omissions or commissions on the part of the city. The
applicant shall insure that adequate safety precautions are in effect at all times
during the term of the permit. Prior to the issuance of any such permit, the
applicant shall submit to the city a certificate binder or policy of liability insurance in
an amount not less than $50,000.00 $100,000.00 per person, $100,000.00
$200,000.00 aggregate per incident, or the amounts specified as a limit of liability
set forth in F.S. § 768.28, and any amendments thereto, whichever is greater,
which shall include the city as an additional insured and which shall provide that it
will remain in full force and effect during the term of the permit.
(d) Fees.
(1) General. A fee of $100.00 shall accompany each permit application to
the police department, to be retained by the city regardless of action taken in the
grant or denial of the permit.
(2) Special Commercial events and festivals. A fee of $0.25 per day per
linear foot of street obstructed by the commercial event/festival shall accompany
each permit application to the department of public works for the use of the public
right-of-way. The linear footage shall be calculated by the department of public
works utilizing the city's officially established monument lines.
(3) Waiver of fees. The fees described in subsections (d)(1) and (2)
hereinabove may be waived or reduced by the city commission if the commission
determines that such a waiver or reduction is in the city's best interest.
(e) This section shall not prevent any person or persons from assembling on
the streets or sidewalks for the purpose of making any speech, engaging in
spontaneous expression, or conveying any message to the public or government
without holding a permit pursuant to this section.
fl This section shall not apply to assemblies or parades.
Sec. 54-6. Permit required for parades and processions.
(a) No procession or parade, except a procession or parade of the forces of
the United States armed services, the military forces of this state and the forces of
the police and fire rescue departments, shall occupy, march or proceed along any
public street, roadway or public property except in accordance with a permit issued
by the chief of police and with such other applicable regulations as are set forth in
City of Miami Page 4 of 10 File Id: 04-00212 (Version: 21 Printed On: 9/2/2016
File Number: 04-00212 Enactment Number: 12505
this Code. The chief of police shall —issue such permit only after the approval for
such issuance is given by the city manager, or his designee, following his receipt of
a recommendation for action upon the issuance of such permit by the chief of
poles
(b) The written application for such permit shall be filed with the chief of
police on a form approved an approved form not less than seven (7) business days
nor more than thirty (30) calendar days before by him sufficiently in advance of the
proposed parade or procession to allow adequate arrangements to be made for the
proper policing of same. The application shall contain the following:
{1) The name of the applicant, the sponsoring organization, the parade or
procession chairman and the addresses and telephone ni imhers of each
{2) The purpose of the parade or procession, the date-whs.-II-it—is proposed to
be condi inter! 0 lthe ocation of the assembly area route to be d traveleand the
0
approximate time when the parade, procession or motorcade will assemble, start
and terminate.
{3) A description of the individual floats, marching units, vehicles, bands, if -
any, including a description of any sound amplification equipment to be used.
{A) Such other information as the chief of police may deem reasonably
necessary.
(1) The notification name, address and telephone number of the person
seeking to conduct the parade;
(2) If the parade is proposed to be conducted for, on behalf of or by an
organization, the name, address and telephone number of the headquarters of the
organization and of the authorized and responsible heads of this organization;
(3) The name, address and telephone number of the person who will be
the parade organizer and who will be responsible for its conduct;
(4) The date when the parade is to be conducted;
(5)
The route to be traveled, the starting point and the termination point;
(6) The approximate number of persons who and animals and vehicles
which will constitute the parade, the type of animals and description of the vehicles;
(7)
The times when the parade will start and end;
(8) A statement whether the parade will occupy all or only a portion of the
width of the streets or areas proposed to be traversed or used;
City of Miami Page 5 of 10 File Id: 04-00212 (Version: 21 Printed On: 9/2/2016
File Number: 04-00212 Enactment Number: 12505
(9) The location by streets of any areas where participants and units of
the parade will assemble for the parade;
(10) The time at which units of the parade will begin to arrive at the area
described in (9) ;
(11) The interval of space to be maintained between units of the parade if
applicable; and
(12) If the parade is designed to be held by and on behalf of or for any
person other than the applicant, a communication in writing from the person
proposing to hold the parade, authorizing the applicant to apply for the permit on
such person's behalf.
(c) Criteria for issuance: The police chief shall issue a parade permit when,
from a consideration of the application and from such other information as may
otherwise be obtained, it appears that:
(1) The conduct of the parade will not substantially interrupt the safe and
orderly movement of other traffic contiguous to its route;
(2) The police department can provide police services adjacent to the
permit area to regulate vehicular and pedestrian traffic, with the availability of a
sufficient contingent of on -duty personnel to provide such services without
diminishing routine service levels to the entire community;
(3) The concentration of persons and vehicles at assembly points of the
parade will not unduly interfere with proper fire and police protection of or
ambulance service to areas contiguous to the assembly areas;
(4) The conduct of the parade will not interfere with the movement of
firefighting equipment en route to a fire; and
(5) The parade is scheduled to move from its point of origin to its point of
termination expeditiously and without unreasonable delays en route;
(c) (d) Permits shall set forth conditions reasonably necessary for the
protection of the rights, property and personal safety of all parties based on the
criteria set forth in Sec.54-6(c). Failure to substantially fulfill the conditions set forth
in such permit shall render such permit null and void.
(e) Compliance; possession of permit:
(1) A permittee under this Code shall comply with all permit directions and
conditions and with all applicable laws and sections of this Code and other
ordinances.
(2) The chair or other person heading or leading the parade shall carry
City of Miami Page 6 of 10 File Id: 04-00212 (Version: 21 Printed On: 9/2/2016
File Number: 04-00212 Enactment Number: 12505
the parade permit personally during the conduct of the parade.
(d) The on duty contingent shall be supplemented by the number of off duty
officers providing special police service as required and authorized pursuant to
chapter 42 of this Code.
(e) (f) By applying for and being granted such permit, the applicant shall
assume responsibility for compliance with the all civil liability arising from
conditions on the face of the permit.
(f) (q) Payment of a nonrefundable fee of $30 (1(1 for the administrative costs
involved in the processing of the herein parade or procession permit application
shall accompany the filing of the permit application and shall remain in the general
revenues of the city without regard to the final action taken by the city manager or
hi: -designee. The police chief shall act upon the application for a parade permit
within three (3) business days after filing thereof. If the police chief disapproves the
application, the applicant shall receive written notice of denial within (3) business
days after the date upon which the application was filed. Such notice will state the
reasons for denial of the permit.
(h) No fee shall be required for the issuance of a parade permit.
Appeal of denial: Any person aggrieved shall have the right to appeal the
denial of a parade permit to the City Manager. The appeal shall be filed with the
City Manager within two (2) business days after the notice of denial is received.
The City Manager shall act in writing upon the appeal within two (2) business days.
Alternate date, time, location or route: The police chief, in denying an
application for a parade permit, shall be empowered to authorize the conduct of the
parade on a date, at a time or over a route or location different from that named by
the applicant. An applicant may propose and provide for the on -duty police officers
to be supplemented by the number of off -duty officers providing special police
service as required to maintain adequate routine service levels pursuant to chapter
42 of this Code. An applicant desiring to accept an alternate permit shall, within five
(5) days after notice of the action of the police chief, file a written notice of
acceptance with the police chief. An alternate date parade permit shall conform to
the requirements of and shall have the effect of a parade permit under this article.
Revocation. The police chief shall have the authority to revoke a
parade permit issued under this division upon application of the criteria for issuance
as set forth in this section.
Sec. 54-6.2. Permit required for assemblies.
(a) No assembly, shall occupy, march or proceed along any public street,
City of Miami
Page 7 of 10 File Id: 04-00212 (Version: 21 Printed On: 9/2/2016
File Number: 04-00212 Enactment Number: 12505
roadway or public property except in accordance with a permit issued by the chief
of police and with such other applicable regulations as are set forth in this Code.
(b) The written application for such permit shall be filed with the chief of
police on an approved form not less than five (5) calendar days or as soon as
practicable if the event is of a spontaneous or urgent nature, or more than thirty
(30) calendar days prior to the proposed assembly or procession so that the city
can make any preparations necessary to provide personnel or other city services to
minimize the interruption of city services and to otherwise protect the participants
and the public. The application shall contain the following:
(1) The notification name, address and telephone number of the person
seeking to conduct the assembly;
(2) If the assembly is proposed to be conducted for, on behalf of or by an
organization, the name, address and telephone number of the headquarters of the
organization and of the authorized and responsible heads of this organization;
(3) The name, address and telephone number of the person who will be
the assembly organizer and who will be responsible for its conduct;
(4) The date when the assembly will occur;
(5) The route to be traveled, if applicable,the starting point and the
termination point;
(6) The approximate number of persons who and animals and vehicles
that will constitute the assembly, the type of animals and description of the
vehicles:
(7) The times when the assembly will start and end;
(8) A statement whether the assembly will occupy all or only a portion of
the width of the areas proposed to be used or traversed;
(9)
The location of any gathering areas for the assembly;
(10) The time at which units of the assembly will begin to arrive at the
gathering area;
(11) The interval of space to be maintained between units of the
assembly if applicable; and
(12) If the assembly is designed to be held by and on behalf of or for any
person other than the applicant, a communication in writing from the person
proposing to hold the assembly, authorizing the applicant to apply for the permit on
such person's behalf.
City of Miami
Page 8 of 10 File Id: 04-00212 (Version: 21 Printed On: 9/2/2016
File Number: 04-00212 Enactment Number: 12505
Criteria for issuance: The police chief shall issue a assembly permit when, from a
consideration of the application and from such other information as may otherwise
be obtained, it appears that:
(1) The conduct of the assembly will not substantially interrupt the safe
and orderly movement of other traffic contiguous to its route;
(2) the police department can provide police services adjacent to the
permit area to regulate vehicular and pedestrian traffic, with the availability of a
sufficient contingent of on -duty personnel to provide such services without
diminishing routine service levels to the entire community;
(3) The concentration of persons and vehicles at assembly points of the
assembly will not unduly interfere with proper fire and police protection of or
ambulance service to areas contiguous to the assembly areas;
(4) The conduct of the assembly will not interfere with the movement of
firefighting equipment en route to a fire; and
(d) Permits shall set forth conditions reasonably necessary for the protection of
the rights, property and personal safety of all parties based on the criteria set forth
in Sec.54-6.2(c). Failure to substantially fulfill the conditions set forth in such permit
shall render such permit null and void.
(e) Compliance; possession of permit:
(1) A permittee under this Code shall comply with all applicable laws
and sections of this Code and other ordinances.
(2)The assembly chair or other person heading or leading such activity
shall carry the assembly permit personally during the conduct of the assembly.
f) By applying for and being granted such permit, the applicant shall
assume responsibility for compliance with conditions on the face of the permit.
(g) The police chief shall act upon the application for a assembly permit within
three (3) business days after filing thereof. If the police chief disapproves the
application, the applicant shall receive written notice of denial within two (2)
business days after the date upon which the application was filed. Such notice will
state the reasons for denial of the permit.
(h) No fee shall be required for the issuance of a assembly permit.
Appeal of denial: Any person aggrieved shall have the right to appeal
the denial of an assembly permit to the City Manager. The appeal shall be filed with
the City Manager within two (2) business days after the notice of denial is received.
The City Manager shall act in writing upon the appeal within one (1) day.
City of Miami Page 9 of 10 File Id: 04-00212 (Version: 21 Printed On: 9/2/2016
File Number: 04-00212 Enactment Number: 12505
Alternate date, time, location or route: The police chief, in denying an
application for an assembly permit, shall be empowered to authorize the conduct of
the assembly on a date, at a time or over a route or location different from that
named by the applicant. An applicant may propose and provide for the on -duty
police officers to be supplemented by the number of off -duty officers providing
special police service as required to maintain adequate routine service levels
pursuant to chapter 42 of this Code. An applicant desiring to accept an alternate
permit shall, within five days after notice of the action of the police chief, file a
written notice of acceptance with the police chief. An alternate date assembly
permit shall conform to the requirements of and shall have the effect of a assembly
permit under this article.
(k) Revocation. The police chief shall have the authority to revoke an
assembly permit issued upon application of the criteria for issuance as set forth
herein."
Section 4. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict
with the provisions of this Ordinance are repealed.
Section 5. 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 6. This Ordinance shall become effective immediately after the 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} If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar
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.
City of Miami Page 10 of 10 File Id: 04-00212 (Version: 21 Printed On: 9/2/2016