HomeMy WebLinkAboutO-12506City of Miami
Legislation
Ordinance: 12506
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-00213 Final Action Date: 3/25/2004
AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 38
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ENTITLED
"PARKS AND RECREATION" BY REPEALING SECTION 38-67 IN ITS
ENTIRETY, AND FURTHER AMENDING SECTION 38-74 TO AFFIRMATIVELY
INDICATE ITS INAPPLICABILITY TO PROTECTED SPEECH IN PUBLIC PARKS;
CONTAINING A REPEALER PROVISION, A SEVERABILITY 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,
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 38-67 of Chapter 38 of the Code of the City of Miami, Florida, as
amended, entitled "Parks and Recreation" is repealed in its entirety.
Section 3. Chapter 38 of the Code of the City of Miami, Florida, as amended, entitled
City of Miami
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File Number: 04-00213 Enactment Number: 12506
"Parks and Recreation" is further amended in the following particulars:{1}
"CHAPTER 38
PARKS AND RECREATION
ARTICLE II. USE REGULATIONS
Sec. 38 67. Public demonstrations, concerts, speeches, etc.
No speeches or demonstrations, exhibitions, concerts, parades, dances or similar activity shall be
department. Such permit shall define the nature of the activity and set forth limitations as to hours,
Sec. 38-74. Same --Activities for which is required
(a) Permits are required for the following activities:
(1) Use of group camping areas.
(2) Use of large (group -size) cooking grills.
(3) Use of community building.
(4) Use of baseball or softball diamond.
(5) Use of a football ,soccer or cricket field.
{6) Special activities in park:
a. Making speeches or giving lectures.
b. Giving a demonstration.
c. Giving a performance.
d. Giving an exhibition.
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File Number: 04-00213 Enactment Number: 12506
e. (6) Giving a concerts
f. Holding a rally.
g. Having a parade.
(7) Holding a Musical events or dances.
(8). Parades or Assemblies as defined in 54-1
(9) Any other activity not sponsored by a non public entity the City of Miami
substantially similar to those listed that is reasonably anticipated to obstruct
or prevent the general public from using the park in whole or in part.
(b) Nothing in this section shall be construed to prevent members of the public from
assembling in the parks 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 article.
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 thirty (30) days 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.
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