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File ID: #4894
Ordinance
First Reading
Sponsored by: Joe Carollo, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
38/ARTICLE III/SECTION 38-113 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, ENTITLED "PARKS AND RECREATION/BAYFRONT PARK
MANAGEMENT TRUST/RESERVATION OF PARK USE," INCREASING THE
RESERVATION OF FREE ACCESS PARK USE BY THE GENERAL PUBLIC TO
EIGHTY-FIVE PERCENT (85%), REMOVING THE RESERVATION OF EXCLUSIVE
USE BY THE BAYFRONT PARK TRUST; AND EXCLUDING SPECIAL PURPOSE
FACILITIES, SUCH AS THE AMPHITHEATER AND VESSEL DOCKS, AND
CONTRACTS ENTERED INTO PRIOR TO THE EFFECTIVE DATE; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
City of Miami File ID: 4894 (Revision: 8) Printed On: 4/4/2025
City of Miami
Legislation
Ordinance
Enactment Number: 13810
File Number: 4894 Final Action Date: 11/15/2018
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
38/ARTICLE III/SECTION 38-113 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, ENTITLED "PARKS AND RECREATION/BAYFRONT PARK
MANAGEMENT TRUST/RESERVATION OF PARK USE," INCREASING THE
RESERVATION OF FREE ACCESS PARK USE BY THE GENERAL PUBLIC TO
EIGHTY-FIVE PERCENT (85%), REMOVING THE RESERVATION OF EXCLUSIVE
USE BY THE BAYFRONT PARK TRUST; AND EXCLUDING SPECIAL PURPOSE
FACILITIES, SUCH AS THE AMPHITHEATER AND VESSEL DOCKS, AND
CONTRACTS ENTERED INTO PRIOR TO THE EFFECTIVE DATE; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Bayfront Park ("Park") is a showcase municipal park centrally located in
Downtown Miami; and
WHEREAS, the Park is managed by the Bayfront Park Management Trust ("Trust"),
created for the purpose of ensuring maximum community utilization and enjoyment; and
WHEREAS, in the past decade more residents have moved into Downtown Miami and
they are desirous of increasing the community use of Bayfront Park; and
WHEREAS, it is in the interests of the public health, safety, recreation, and general
welfare to make Bayfront Park available to the community for most days of the fiscal year as
specified in this ordinance amendment; and
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 13 of the Code of the City of Miami, Florida, as amended, is
amended in the following particulars:1
"CHAPTER 38
PARKS AND RECREATION
ARTICLE III. BAYFRONT PARK MANAGEMENT TRUST
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.
City of Miami File ID: 4894 (Revision: 8) Printed On: 4/4/2025
Sec. 38-113. Reservation of park use.
Bayfront Park shall be reserved for community use 50 percent eighty-five percent (85%)
of the days of each fiscal year for free access and use by the general public. A+:
existing commitments for scheduled events on the requested day(s). The trust shall be
30 day period when the amphitheater user is a bona fide nonprofit group, pursuant to
vii section 501 (c)(3) of th�Tte�-nnai Revers e Code as amended as being
organized and operated exclusively for charitable, scientific, testing for public safety,
literary or education uses, or to foster national or international amateur sports
competition or for the prevention of cruelty to children or animals This reservation of
,
park use applies to Bayfront Park but not to any special purpose facility within it such as
the amphitheater or vessel docks. This increase in reservation of park use shall not
impair previously executed contracts. This reservation of park use may be reduced or
waived by the City Commission for temporary events or for specific events when the City
Commission determines such reduction or waiver is in the City's best interests.
*„
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 thirty (30) days after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Attor
ey
10/1/2018
ndez, ity Httor
11/2/2018
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
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 File ID: 4894 (Revision: 8) Printed On: 4/4/2025