HomeMy WebLinkAboutO-12583City of Miami
Legislation
Ordinance: 12583
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-01000 Final Action Date: 9/9/2004
(4/STHS VOTE)
AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING
CHAPTER 38/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ENTITLED "PARKS AND RECREATION/USE REGULATIONS" BY
AMENDING SECTION 38-74 TO CLARIFY PERMIT REQUIREMENTS FOR
CONCERTS, MUSICAL EVENTS OR DANCES; CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
WHEREAS, the City of Miami has a substantial and significant interest in maintaining its parks in
an attractive and intact condition, readily available to the millions of people who wish to see and enjoy
them; and
WHEREAS, the United States Supreme Court has recognized the right of local governmental
entities to enact reasonable time, place and manner restrictions related to protected speech in public
forums, including parks, while protecting the First Amendment rights of groups and individuals wishing
to express their views;
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 38-74 of Chapter 38 of the Code of the City of Miami, Florida, as amended,
entitled "Parks and Recreation" is further amended in the following particulars:{1}
"CHAPTER 38
PARKS AND RECREATION
ARTICLE II. USE REGULATIONS
Sec. 38-74. Same --Activities for which permit is required
(a) Permits are required for the following activities:
(1) Use of group camping areas;
City of Miami
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File Number: 04-01000 Enactment Number: 12583
(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) Concerts involving fifteen or more persons and meeting the definition
of "assembly" in Section 54-1. An "assembly permit" defined in Section 54-1, obtained
under Section 54-6.2, fully satisfies the requirement for a permit herein;
(7) Musical events or dances of fifteen or more persons and meeting the
definition of "assembly" in Section 54-1. An "assembly permit" defined in Section 54-1,
obtained under Section 54-6.2, fully satisfies the requirement for a permit herein;
(8) Parades or Assemblies as defined in Section 54-1 of this Code of fifteen or
more persons. A "parade permit" or "assembly permit" defined in Section 54-1,
obtained under Section 54-6 or Section 54-6.2, fully satisfies the requirement for a
permit herein;
(9) Any other activity, not sponsored by the City of Miami, substantially similar
to those listed in paragraphs (a)(1) through {7) (5) above that is reasonably anticipated
to obstruct or prevent the general public from using a park in whole or in part; and
(10) A "special event" as defined in Chapter 54-1. A permit obtained under
Section 54-3 54-6.3 fully satisfies the requirement for a permit herein.
(b) Except for "parades" and "assemblies" requiring a permit, 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.
(c) No activity requiring a permit under section (a) above shall be conducted or
proceed within any park except in accordance with a permit issued either by the chief
of police for a "parade", "assembly", "concert", "musical event or dance", or "special
event", or by the Director of Parks and Recreation for all other listed activities.
*II
Section 3. All Ordinances or parts of Ordinances that are inconsistent or in conflict with the
provisions of this Ordinance are repealed.
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.
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File Number: 04-01000 Enactment Number: 12583
Section 5. This Ordinance is declared to be an emergency measure on the grounds of urgent
public need for the preservation of peace, health, safety, and property of the City of Miami, and upon
the further grounds of the necessity to make the required and necessary payments to its employees
and officers, payment of its debts, necessary and required purchases of goods and supplies, and to
generally carry on the functions and duties of municipal affairs.
Section 6. The requirements of reading this Ordinance on two separate days is dispensed with an
affirmative vote of not less than four -fifths (4/5ths) of the members of the Commission.
Section 7. This Ordinance shall become effective immediately upon its adoption and signature of
the Mayor.{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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