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Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 10-01052
Final Action Date:
AN 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 CREATING A
NEW SECTION 38-77, ENTITLED "DESIGNATED CHILDREN PLAY AREAS" ,
PROVIDING THAT AS TO "DESIGNATED CHILDREN PLAY AREAS", ADULTS
MUST BE ACCOMPANIED BY A MINOR IN AREAS DESIGNATED AS CHILDREN
PLAY AREAS ; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR
AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, play activity is vital to the beneficial development of children and research has
indicated that outdoor play provides physical, emotional, social and cognitive enrichment and
advancement for children; and
WHEREAS, many public parks provide play space for children and minors enhancing child
development, social interaction skills, and the ability to engage in physical exercise; and
WHEREAS, certain play areas for children are not intended for use by adults, excepting adults
accompanying children, and are intended to furnish age appropriate recreational play equipment and
open space to accommodate child's play when children are supervised by parents, guardians,
caretakers, or other appropriate adults; and
WHEREAS, in order to provide for the safest play areas for children and minors in the City of
Miami ("City"), and to maximize play area equipment availability the Code of the City of Miami, Florida,
as amended,("City Code"), to designate specific areas within City parks should be amended to protect
the bests interests of the City and serve the public health, safety and general welfare; and
WHEREAS, the City Commission takes legislative notice and due consideration of the following
applicable data and materials: City of Miami Beach Ordinance No. 2010-3684; California Office of
Attorney General Opinion No. 05-303, dated April 28, 2006 and Title 56 §1-02 and 1-05 of the Rules of
the City of New York, for the Department of Parks and Recreation, as amended;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and finding contained in the Preamble to this Ordinance are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 38/Article II of the City Code, entitled "Parks and Recreation/Use Regulations",
is amended in the following particulars: {1}
City of Miami Page 1 of 2 File Id: 10-01052 (Version: It Printed On: 9/13/2010
File Number: 10-01052
"CHAPTER 38
PARKS AND RECREATION
* * *
ARTICLE II. USE REGULATIONS
Sec. 38-77 . Designated Children Play Areas.
Areas designated within parks by. City Commission Resolution(s). may be Designated Children Play
Areas which are exclusive playgrounds for children. Adults are allowed in Designated Children Play
Areas in parks only when supervising a child . Designated Children Play Areas, will be posted with
signs informing the public of the designation.
*II
Section 3. 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 4. This Ordinance shall become effective immediately upon its adoption and signature of the
Mayor. {2}
APPROVED AS TO FORM AND CORRECTNESS
JULIE O. BRU
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.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within
ten 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 or upon the
effective date stated herein, whichever is later.
City of Miami Page 2 of 2 File Id: 10-01052 (Version: 1) Printed On: 9/13/2010