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Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miaml.fl.us
File Number: 05-00004 Final Action Date:
(4/5THS VOTE)
AN EMERGENCY 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 AMENDING SECTION 38-74(a) TO
RAISE THE THRESHOLD NUMBER OF PERSONS REQUIRED FOR A PERMIT
TO CONDUCT A CONCERT, MUSICAL EVENT OR DANCE, OR PARADE OR
ASSEMBLY IN A PARK, FROM FIFTEEN TO FIFTY; REQUIRING A PERMIT FOR
THE ERECTION OF A TENT OR TEMPORARY STRUCTURE IN A PARK;
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 million 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:
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(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) Concerts involving fifteen fib for 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 fifty 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 fifteenl 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 (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 54-6.3
fully satisfies the requirement for a permit herein.
jj Erection of a tent or other temporary structure.
(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.
st * Ye w *91
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.
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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
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 on
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}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
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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