HomeMy WebLinkAboutO-12711City of Miami
Legislation
Ordinance: 12711
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 05-00616 Final Action Date: 7/7/2005
(4/STHS VOTE)
AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING
CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "STREETS AND SIDEWALKS" BY AMENDING SECTION 54-1,
CLARIFYING THE DEFINITION OF "SPECIAL EVENT," THROUGH THE USE OF
CORRECTED PUNCTUATION; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE
DATE.
WHEREAS, the City of Miami has a substantial and significant governmental interest in keeping
its streets and sidewalks open and available for the movement of people and property, which is the
primary purpose for which the streets are dedicated; and
WHEREAS, the United States Supreme Court has recognized the right of local government 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;
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 "Streets and
Sidewalks" is further amended in the following particulars:{1}
"CHAPTER 54
STREETS AND SIDEWALKS
ARTICLE I. IN GENERAL
Sec. 54-1. Definitions.
The following words, terms and phrases, when used herein in this Chapter and in Section 38-74,
shall have the meanings ascribed to them in this Code, except where the context clearly indicates a
different meaning:
City of Miami
Page 1 of 2 File Id: 05-00616 (Version: 11 Printed On: 11/18/2016
File Number: 05-00616 Enactment Number: 12711
"Special event" means an outdoor public celebration or gathering which involves: (1) either: (a)
the use of public parks;:, (b) public rights-of-way;ior (c) privately -owned property;i (2) when it is
reasonably expected that more than 300 people will gather for seven (7) or fewer contiguous days
and (3) which includes entertainment, dancing, music, dramatic productions, art exhibitions, parades
or the sale of merchandise, food or alcohol, or any combination of the foregoingand (4) which
requires the erection of stages, utility poles, booths, tents, or other temporary structures, or the use of
parked vehicles or of permanent structures and (5) which of necessity requires for its successful
execution the provision and coordination of municipal services to a degree significantly over and
above that which the city routinely provides under ordinary everyday circumstances.
*I1
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 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}
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 2 of 2 File Id: 05-00616 (Version: 11 Printed On: 11/18/2016