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Legislation
Ordinance
File Number: 06-02206
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
(4/5THS VOTE)
AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING
CHAPTER 54 OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"STREETS AND SIDEWALKS," BY AMENDING SECTION 54-1, TO ADD A
DEFINITION OF "EXEMPT GOVERNMENT PROPERTY, " AND AMENDING
SECTION 54-6.2(A), TO REQUIRE A PERMIT FOR AN ASSEMBLY AT AN
EXEMPT GOVERNMENT PROPERTY; 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 to regulate
the use of its properties which are either closed to the general public or to which entry by the general
public is restricted; 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, including
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, shall have the
meanings ascribed to them in this Code, except where the context clearly indicates
a different meaning:
"Exempt Government Property" means any government property, including vacant
City of Miami Page 1 of 2 Printed On: 11/30/2006
File Number: 06-02206
property, except a park (as defined in Chapter 38 of this Code), whether owned or
!eased, which is either closed to the general public, or to which entry to the general
public is restricted.
Sec. 54-6.2. Permit required for assemblies.
(a) Scope. No "assembly" of fifty or more persons, shall occupy out-of-doors, any
public right-of-way, any park, or any non-exempt government property, building or
grounds, and no "assembly" of any number of persons shall occupy any street or
exempt government property, except in accordance with a permit issued by the chief
of police, after approval by the department of public works, parks and fire -rescue,
and with such other applicable regulations as are set forth in this Code.
*
*
*II
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.
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
JORG : ERNANDEZ,ab
CITY • • ' NEY
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
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