2009-27041 ResoRESOLUTION NO. 2009-27041
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING THE ISSUANCE OF REVOCABLE PERMITS TO
APPLICANTS WISHING TO DISPLAY THE RAINBOW/PRIDE FLAG DURING THE
MONTH OF APRIL 2009, IN SUPPORT OF THE CITY OF MIAMI BEACH'S FIRST
EVER, ANNUAL GAY PRIDE EVENT, WHICH WILL BE HELD IN THE CITY ON
APRIL 18T", 2009; PROVIDED FURTHER THAT THE DISPLAY OF SUCH FLAG(S)
SHALL COMPLY WITH THE REQUIREMENTS OF SECTION 138-72 OF THE CITY
CODE (WHICH REQUIREMENTS ARE ALSO ATTACHED AND INCORPORATED AS
EXHIBIT "A" TO THIS RESOLUTION); AND PROVIDED FURTHER THAT THE TERM
OF SAID PERMIT SHALL AUTOMATICALLY EXPIRE ON APRIL 30T", 2009.
WHEREAS, at its regular meeting on May 13, 2008, the Mayor's Gay Business Development
Committee (the Committee) adopted a Resolution recommending that the Mayor and City
Commission amend Section 138-72 of the City Code, entitled "Pennants, Banners, Streamers, Flags
and Flagpoles," to include and allow the Rainbow "Pride" flag to be displayed in the City of Miami
Beach, particularly by restaurants, retail stores, and other commercial establishments in the City
wishing to display that flag as a symbol of the business's cultural diversity; and
WHEREAS, the Rainbow "Pride" flag, sometimes also referred to as the "freedom flag," was
designed in 1978 by Gilbert Baker, a San Francisco artist, and was initially created as a symbol of
gay and lesbian pride and diversity, but has since been recognized throughout the world as a
cultural symbol of diversity, inclusiveness and hope; and
WHEREAS, since then, the Rainbow flag has been displayed and/or otherwise exhibited by
various gay and lesbian organizations throughout the world including, without limitation, the use of
the flag by these organizations at annual gay pride events and parades throughout the world; and
WHEREAS, at its regular meeting on September 10, 2008, the Mayor and City Commission
unanimously adopted Resolution No. 2008-26890, agreeing with the interpretation of the City's
Planning Director and the City Attorney's Office that, given the recognition of the Rainbow Flag as
an internationally recognized cultural symbol of diversity, and, further, given the display and
exhibition of said flag by various organizations (particularly gay and lesbian pride organizations
which have traditionally exhibited and displayed the flag as a symbol of cultural diversity,
exclusiveness, and hope, both on a daily basis and at annual gay and lesbian pride events
throughout the world), the display of the flag is allowed under the current City Code provisions, as
written; and
WHEREAS, in making this interpretation, the Planning Director and City Attorney's Office
also concluded that, based on the aforestated and other historical and anecdotal evidence, the
Rainbow Flag has established itself, and is considered to be, a civic and cultural symbol; and
WHEREAS, Section 138-72 of the Code not only permits the display of national flags and
flags of political subdivisions of the United States, but also flags of civic, charitable, fraternal, welfare
and other organizations; and
WHEREAS, on April 18th, 2009, the City of Miami Beach will hold its first ever annual Gay
Pride event; and
WHEREAS, Section 138-72 of the Code also sets forth the requirements for display of
flags, whether permanently affixed to the ground or affixed to buildings or other structures; these
requirements are also set forth in Exhibit "A" to this Resolution; and
WHEREAS, as permitted under Section 138-72, the Administration would recommend that
the Mayor and City Commission approve the issuance of revocable permits to applicants wishing to
display the Rainbow Pride flag during the month of April 2009, in support of the City's first annual
Gay Pride event on April 18th, 2009, subject to the following conditions:
1. Applicants' shall comply with the requirements for display of flags as provided in
Section 138-72 of the City Code (which are also set forth in the attached Exhibit
"A"); and
2. The term of the revocable permit shall automatically expire on April 30th, 2009.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve
the issuance of revocable permits to applicants wishing to display the Rainbow/Pride flag during the
month of April 2009, in support of the City of Miami Beach's first ever, annual Gay Pride event,
which will beheld in the City on April 18th, 2009; provided further that the display of such flag(s) shall
comply with the requirements of Section 138-72 of the City Code (which requirements are also
attached and incorporated as Exhibit "A" to this Resolution); and provided further that the term of
said permit shall automatically expire on April 30th, 2009.
PASSED and ADOPTED this 18th Day of March , 2009.
A R
ATTEST: Matti Herrera Bower
CITY CLERK
Robert Parcher
F:\atto\AGUR\RESOS-ORD\GLBT (Display Rainbow Pride Flag -First Annual Gay Pride Event 3-4-09).doc APPROVED AS TO
FORM ~ LANGUAGE
m MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
~TO: Jorge M. Gonzalez, City Manager
FROM: Victor M. Diaz, Jr., Commissioner
DATE: March 5, 2009
SUBJECT: Ordinance Approving Revocable Permits to Display Pride Flag
Please place an item on the March 18, 2009 Commission agenda to adopt a resolution
which approves revocable permits to be issued by the Public Works Department for
applicants wishing to display the PRIDE flag for the month of April in celebration of
Miami Beach Pride 2009.
VMD/sm
- a
Agenda Item ~~~
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EXHIBIT "A"
The City allows the flying of the American Flag, flags of foreign countries,
state flags, and flags representing civic organizations, charitable or
non-profit organizations, membership organizations, pride flags, and
similar non-commercial flags.
Flags should be flown from a flagpole or other appropriate attachment.
Installing a flagpole may require a building permit from the City of
Miami Beach Building Department.
The Planning Department will review any flagpoles proposed to be built or
attached to buildings, for the appropriate design and historic
preservation compatibility.
Flagpoles anchored in the ground should be 10 feet setback from the front
property line, and 7.5 feet from the side property lines. They can be
up to 50 feet high, if appropriate. The size of flags flying from these
flagpoles can be up to one-quarter the height of the flagpole.
Flagpoles afFixed to buildings cannot be higher than 25 feet above the main
roof deck. The size of flags flying from poles attached to buildings
can be up to one-third the length of the pole.
The City of Miami Beach Public Works Department will have to approve any
flagpoles projecting over public property such as sidewalks.
F:\PLAN\$ALL\Richard\Flags in Miami Beach.doc