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HomeMy WebLinkAboutOrdinanceCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 06-02206 Final Action Date: AN 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 property, except a park (as defined in Chapter 38 of this Code), whether owned or leased, which is either closed to the general public, or to which entry to the general City of Miami Page 1 of 2 File Id: 06-02206 (Version: 2) Printed On: 9/17/2024 File Number: 06-02206 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. *11 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 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: 06-02206 (Version: 2) Printed On: 9/17/2024