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Ordinance
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3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-00602 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
54/ARTICLE I OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"STREETS AND SIDEWALKS/IN GENERAL" MORE PARTICULARLY BY ADDING A
NEW SECTION 54-2, ENTITLED "OBSTRUCTION OF FREE PASSAGE ON
SIDEWALKS, ETC."; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING
FOR AN IMMEDIATE EFFECTIVE DATE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. Chapter 54/Article I of the Code of the City of Miami, Florida, as amended, entitled
"Streets and Sidewalks/In General", is further amended in the following particulars:{1}
"CHAPTER 54
STREETS AND SIDEWALKS
ARTICLE I. IN GENERAL
Sec. 54-2. Reserved. Obstruction of free passage on sidewalks, etc.
(a) Purpose: It is the intent of this section -to eliminate the obstruction of free
passage over, on or along a street, sidewalk, or public right-of-way, whether such
obstruction results from the manner in which a person or number of persons shall
stand, loiter, walk, sit, lie or camp on said street, sidewalk or public right-of-way.
(b) Definitions. For purposes of this section, the following words shall be
defined as provided herein:
(1) An "obstruction" within the meaning of this section shall be construed to
mean to so occupy the sidewalk, street or public right-of-way that the free use and
enjoyment thereof by the public is, in any way interrupted or interfered with, or the
free ingress or egress to or from any building fronting on any public right-of-way is
impaired.
(2) The term "camp" or "camping" shall mean the use of a street, sidewalk
or public right-of-way, including a public transit stop, bench or other public property
on any street, sidewalk or public right-of-way, as a temporary or permanent place of
dwelling, lodging, or residence, or as a living accommodation at anytime. Indicia of
camping may include, but are not limited to, storage of personal belongings, using
tents or other temporary structures for sleeping or storage of personal belongings,
City of Miami Page 1 of 2 File Id: 13-00602 (Version: 1) Printed On: 5/13/2013
File Number: 13-00602
carrying on cooking activities or making any fire, or any of these activities in
combination with one another or in combination with either sleeping or making
preparations to sleep (including the laying down of bedding for the purpose of
sleeping).
(c) Prohibited behavior. It is unlawful for any person or any number of persons:
(1) to so stand, loiter, walk, sit, lie, or camp upon any street, sidewalk or
public right-of-way in the city so as to obstruct free passage over, on or along said
street, sidewalk or public right-of-way, after a request by a law enforcement officer
to move on so as to cease blocking or obstructing free passage thereon.
(2) by placing an object or objects on a street, sidewalk or public
right-of-way in the city, to cause a condition of obstruction or blockage of a street,
sidewalk or public right-of-way so as to obstruct free passage over, on or along said
street, sidewalk or public right-of-way.
(d) Applicability. The provisions of subsection (c)(1) hereof apply only when a
person or number of persons shall stand, loiter, walk, sit, lie, or camp on a street,
sidewalk or public right-of-way so as to obstruct free passage thereon and shall
refuse to obey a request by a law enforcement officer to move on; mere refusal to
move on is not enough to support the offense - there must be an actual blocking of
free passage over, on or along said street, sidewalk or public right-of-way. This
section shall not apply to "assemblies" or "parades" as defined in section 54-1,
taking place on a street, sidewalk or public right-of-way, unless any such assembly
or parade creates and/or causes a hazardous condition or threatens public safety.
Section 2. 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 3. This Ordinance shall become effective immediately after the final reading and adoption
thereof.{2}
APPROVED A TO FORM AND CORRECTNESS
(Ca'
JULIE ' . BRU
CITY TORNEY
Fq tnotes:
{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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