2003-3428 Ordinance
ORDINANCE NO. 2003-3428
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING SECTION 106-346,
ENTITLED "DEFINITIONS", OF MIAMI BEACH CITY CODE
ARTICLE VIII, ENTITLED "PARADES", OF MIAMI BEACH CITY
CODE CHAPTER 106, ENTITLED "TRAFFIC AND VEHICLES";
"DEFINING DEMONSTRATION, RALLY, PICKET LINE; CREATING
MIAMI BEACH CITY CODE SECTION 106-375, TO BE ENTITLED
"PROHIBITED ACTIVITIES" OF CITY CODE ARTICLE VIII,
ENTITLED "PARADES", OF MIAMI BEACH CITY CODE CHAPTER
106, ENTITLED "TRAFFIC AND VEHICLES"; ESTABLISHING
REGULATIONS CONCERNING PARADES AND DEMONSTRATIONS;
PROHIBITING CERTAIN ACTIVITIES AT DEMONSTRATIONS,
RALLIES, PICKET LINES AND PARADES IN PUBLIC PLACES IN THE
CITY, PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION AND EFFECTIVE DATE.
WHEREAS, the City of Miami Beach encourages the free exercise of First Amendment
rights to free speech; and
WHEREAS, the City of Miami Beach has been a popular site for demonstrations
protesting and advocating numerous issues; and
WHEREAS, in recent events across the country, individuals and groups have engaged in
parades and demonstrations with the unlawful purpose of damaging property and injuring other
persons through the use of materials such as large pieces of wood, metal or plastic pipes,
projectile launches, bricks, stones, paint and weapons; and
WHEREAS, in recent events across the country, civil unrest and disturbances have taken
place such as in the cities of Seattle, San Diego, Los Angeles, Toronto and St. Louis, resulting in
injuries to participants and other persons and damage to property caused by the use of weapons
and objects used as weapons and projectiles; and
WHEREAS, in recent events across the country, participants in demonstrations, marches
and assemblies have released noxious gas in public areas to call attention to themselves and their
organizational objectives, and in the process, have worn gas masks to allow them to engage in
this unlawful activity devoid of any intent to convey a particularized message; and
WHEREAS, in recent events across the country, participants in demonstrations have used
devices to lock one another in an attempt to obstruct the public's ability to freely move in the
public areas or into and out of public and private buildings; and
WHEREAS, the upcoming conference of the Free Trade Area of the Americas (FTAA) is
scheduled to conduct meetings in close proximity to the City which will result in thousands of
participants protesting and demonstrating in the streets; and
WHEREAS, based on reliable information obtained by City officials and officials from
neighboring jurisdictions, it appears that the City may become an attractive venue for
demonstrations due to its closeness to the conference site and the lodging of several of its
ministerial; and
WHEREAS, there is a potential for civil unrest, disturbances and destructive protests
resulting from certain groups of demonstrators who advocate property destruction through the
use of weapons and other materials; and
WHEREAS, the City desires to minimize the ability and opportunity to threaten public
health and safety while safeguarding the rights of others to lawfully exercise their First
Amendment rights; and
WHEREAS, the courts have recognized the right of municipalities to enact reasonable
time, place and manner restrictions on parades and demonstrations while at the same time
safeguarding First Amendment rights of individuals who wish to express their views and
assemble; and
WHEREAS, the City desires to adopt regulations during demonstrations, parades,
assemblies, rallies and picket lines, which serve the significant government interests of
protecting and safeguarding the health and safety or persons who participate in demonstrations,
assemblies, parades, picket lines and rallies and those who attend or view these events as well as
protecting property while allowing the free exercise of First Amendment rights; and
WHEREAS, The City's restrictions are narrowly tailored so that they do not become
unreasonable for persons to exercise their First Amendment rights.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 106-346, entitled "Definitions" of Miami Beach City Code Article
VIII, entitled "Parades" of Miami Beach City Code Chapter 106, entitled "Traffic and Vehicles"
is hereby amended to read as follows:
Chapter 106. Traffic and Vehicles
ARTICLE VIII. Parades
Section 106-346. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them by this section, except where the context clearly indicates a different meaning:
2
Parade means any march or procession consisting of persons, animals, vehicles or any
combination thereof, traveling upon any public way, within the territorial jurisdiction of the city.
Demonstration means a public gathering. procession or parade. the primary purpose of which is
the exercise of the rights of assembly and free speech as guaranteed by the First Amendment of
the Constitution of the United States. It includes activities conducted on public property for the
purpose of demonstrating approval or disapproval of governmental policies or practices.
expressing a view on public issues. or bringing into public notice any issue or other matter.
Rallv means a gathering of people with the intent to arouse enthusiasm or support for a common
cause.
Picket line means a line of protesters outside a place of work with the purpose of intercepting
outsiders and prevent them from working for employers with whom the organization is at
vanance.
SECTION 2. That Section 106-375, entitled "Prohibited activities", of Article VIII, entitled
"Parades", of Miami Beach City Code Chapter 106, entitled "Traffic and Vehicles", is created to
read as follows:
Section 106-375. Prohibited activities.
(a) Any participant in a demonstration. rallv. picket line or parade within the citv who is
observed carrying or possessing any of the objects specified in subsections (1) through (10) shall
immediately dispose of or discard efthe object(s) upon the request of a law enforcement officer.
The willful refusal to dispose of or discard ofthe object(s) shall constitute a violation. punishable
in accordance with section 1-14 ofthis Code.
The fallowing objects are eTElhibitea at erohibitioH shall aee1Y ta aemanstFatiaRs. rallies.
picket liRes liftaearaaes.
It shall be unlawful for anv person participating in a demonstration. rally. picket line or
parade. to exhibit. display. possess. carry or wear anv of the following:
tai (1 ) It shall be l:lftla'l.fu.l far any eerSOR ta exhibit ar diStllay. y;hile eartieieatiRg in
my demoRstratiaR. TaUy. eicket liRe aT earade. a Anv weapon. For purposes of this section.
3
"weapon" shall mean any pistol. rifle. shotgun or other firearm, whether loaded or unloaded. air
rifle. air pistol. paintball gun. paintball rifle, explosive. blasting cap. knife. hatchet. ax. slingshot.
blackiack, metal knuckles. mace, iron buckle. ax handle, crowbar, or any other instrument
customarily use or intended for use as a dangerous weapon.
00 (2) It shall be l:IfllEP.vful fer aft',' aerflan ta earry ar aassess a Any length of
lumber, wood or wood lath greater than one foot in length or greater than one quarter
(1/4) inch in thickness:
fEt (3) It flhall be anlawful far lHlY aerson ta earrv ar aassess a Any length of
plastic pipe or metal greater than one foot in length or greater than one quarter inch (1/4")
in thickness aRd the ffial:ffitinl'l, if any, far ~JI:leh sig:n eaHffllies with slHlseetion (b):
@ (4) It shall be l:Ifllawful far aRY aersan ta earr., a Any sign, poster, plaque,
or notice, whether mounted or not. unless such sign. poster, plaque or notice is
constructed solely of a cloth, paper, or cardboard material no greater than one quarter
inch (1/4") in thickness and the mounting, if anv. for such sign comolies with subsection
2.
~ (5) It shall be l:Ifllawful for aRY aersan ta earry ar aassess a Any proiectile
launcher or other device which is commonly used for the puroose of launching, hurling,
or throwing any obiect. liquid, material or other substance.
ill (6) It shall be l:Ifllawful far aft., acrson ta earrv ar aassess a Any glass
bottles. glass iars or glass containers with intent to threaten or inflict bodily harm on other
oersons or orooertv.
W (7) It shall be l:Ifllawful fer aft., aersan ta earrv ar aossess s-Spray paint
cans.
4
ili:! (8) It shall be anlavlful fer an'/ 13erSOR to earrv or 138ssess b Balloons
filled with any material or substance other than air, oxygen or helium.
ill (9) It shall be anla:wful for af\'l13em8R to earrv or possess b Bricks, stones,
rocks or pieces of asphalt or concrete.
ill (10) It shaH be I:IRlav;ful for aR'{ 1.'lerS8R to earrv, 1.'lossess or wear, a Any
gas mask or similar device designed to filter all air breathed and that would protect the
respiratory tract and face against irritation, noxious or poisonous gases, with the intent to
conceal his or her physical identity for the purpose of engaging or attempting to engage
in unlawful acts, except that such masks may be worn by law enforcement officers, fire
emergency officials, or other officials at their direction for public safety purposes during
the scope of their employment.
AA (b) It shall be unlawful for any person to Carry or possess any Sleeping Dragon
Device, with the intent to use the device to deny or obstruct the public's ability to freely move
about on roadways. sidewalks, or into or out of buildings. For purposes of this subsection. a
Sleeping Dragon Device shall mean a section of pipe. or a container, filled with weighted
material. handcuffs, chains, or other locking devices utilized for the purpose of locking a person
or persons to other person or persons or other obiects. Prior to enforcement of this subsection. a
law enforcement officer shall issue a dispersal order. Refusal to disperse peacefully and
immediately shall constitute a violation of this section, punishable in accordance with section 1-
14 ofthis Code.
(c) It shall be unlawful for any person to fail to abide by the instructions of a police
officer or traffic enforcement officer. given for the purpose of accommodating traffic, including
emergency vehicles, through and across a parade route. demonstration, rally or picket line.
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(d) Nothing in this section shall prohibit a disabled person from carrying a cane,
walker or similar device necessary for providing mobility so that the person may participate in
the demonstration, parade, rally or picket line.
SECTION 3. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY
If any section, clause or provision of this Ordinance is held invalid, the remainder shall
not be affected by such invalidity.
SECTION 5. CODIFICATION
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it
is hereby ordained that the provisions of this Ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections ofthe Ordinance may be renumbered or
relettered to accomplish such intention, and the word" ordinance" may be changed to" section",
" article", or other appropriate word.
SECTION 6. EFFECTIVE DATE
PASSED AND ADOPTED this 15th
, 2003.
This Ordinance shall take effect ten day
ATTEST:
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CITY CLERK
APPROVED AS TO
FORM a LANGUAGE
& FOR E)(ECU11ON
* Double-underlined language denotes amendments to the ordinance.
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City DaI8 (;fP hj )
6
CllY OF MIAMI BEACH
COIVMISSION ITEM SUMMARY
m
Condensed Title:
An Ordinance amending Section 106-346, entitled "Definitions", of Miami Beach City Code Article VIII,
entitled "Parades", of Miami Beach City Code Chapter 106, entitled "Traffic and Vehicles"; "defining
demonstration, rally, picket line; creating Miami Beach City Code Section 106-375, to be entitled "Prohibited
Activities" of City Code Article VIII, entitled "Parades", of Miami Beach City Code Chapter 106, entitled
"Traffic and Vehicles"; establishing regulations concerning parades and demonstrations; prohibiting certain
activities at parades, demonstrations, rallies, picket lines and parades in public places in the City, providing
for repealer, severability, codification and effective date.
Issue:
Shall the City Commission adopt the Ordinance on Second Reading/Public Hearing?
Item Summarv/Recommendation:
The Community Affair's Committee meeting of September 30, 2003 was cancelled however staff has
revised the ordinance after first reading as follows: the ordinance will be initiated upon a warning by a law
enforcement official to dispose or discard of any such objects specified in subsections (1) through (10) and
failure to do so will result in an arrest.
Advisory Board Recommendation:
IN/A
Financial Information:
Source of
Funds:
D
Finance Dept.
Ci Clerk's Office Le islative Trackin
Christina M. Cuervo, Kevin Crowder
Si n-Ofts:
Department Director
T:\AGENDA\2003\oct1503\regular\DemontrationOrdAmend.SUM.doc
AGENDA ITEM t< 58
DATE itJ-/:y-IJ3
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
lMNW.miamibeachfl.gov
COMMISSION MEMORANDUM
To:
Mayor David Dermer and
Members of the City Commission
Date: October 15, 2003
From:
d1
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING SECTION 106-346, ENTITLED
"DEFINITIONS", OF MIAMI BEACH CITY CODE ARTICLE VIII, ENTITLED
"PARADES", OF MIAMI BEACH CITY CODE CHAPTER 106, ENTITLED
"TRAFFIC AND VEHICLES"; "DEFINING DEMONSTRATION, RALLY,
PICKET LINE; CREATING MIAMI BEACH CITY CODE SECTION 106-375,
TO BE ENTITLED "PROHIBITED ACTIVITIES" OF CITY CODE ARTICLE
VIII, ENTITLED "PARADES", OF MIAMI BEACH CITY CODE CHAPTER
106, ENTITLED "TRAFFIC AND VEHICLES"; ESTABLISHING
REGULATIONS CONCERNING PARADES AND DEMONSTRATIONS;
PROHIBITING CERTAIN ACTIVITIES AT PARADES, DEMONSTRATIONS,
RALLIES, PICKET LINES AND PARADES IN PUBLIC PLACES IN THE
CITY, PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION
AND EFFECTIVE DATE.
Jorge M. Gonzalez
City Manager
Subject:
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance on Second Reading/Public Hearing.
ANALYSIS
The City of Miami Beach encourages the free exercise of First Amendment rights to free
speech and has been a popular site for demonstrations and assemblies protesting and
advocating a wealth of issues. In recent events across the country, individuals and groups
have engaged in parades and demonstrations with the unlawful purpose of damaging
property and injuring other persons through the use of materials such as large pieces of
wood, metal or plastic pipes, projectile launches, bricks, stones, paint and weapons.
These recent events have led to civil unrest and disturbances that have taken place in the
cities such as Seattle, San Diego, Los Angeles, Toronto and St. Louis, resulting in injuries
to participants and other persons and damage to property caused by the use of weapons
and objects used as weapons and projectiles. During such recent events across the
country, participants in demonstrations, marches and assemblies have released noxious
gas in public areas to call attention to themselves and their organizational objectives, and
in the process, have worn gas masks to allow them to engage in this unlawful activity
devoid of any intent to convey a particularized message. Additionally, participants in
demonstrations have used devices to lock one another in an attempt to obstruct the
public's ability to freely move in the public areas or into and out of public and private
buildings.
October 15, 2003
Parades and Demonstration Ordinance Amendment
Commission Memorandum
Page 2 of 2
The upcoming conference of the Free Trade Area of the Americas (FTAA) taking place
from November 17, 2003 - November 21 ,2003, is scheduled to conduct meetings in close
proximity to the City which will result in thousands of participants protesting and
demonstrating in the streets. Based on reliable information obtained by City officials and
officials from neighboring jurisdictions, it appears that the City may become an attractive
venue for demonstrations due to its closeness to the conference site and the lodging of
several of its ministerial. As such, there is a potential for civil unrest, disturbances and
destructive protests resulting from certain groups of demonstrators who advocate property
destruction through the use of weapons and other materials.
The City desires to minimize the ability and opportunity to threaten public health and safety
while safeguarding the rights of others to lawfully exercise their First Amendment rights.
The Courts have recognized the right of municipalities to enact reasonable time, place and
manner restrictions on parades and demonstrations while at the same time safeguarding
First Amendment rights of individuals who wish to express their views and assemble.
As such, the City desires to adopt regulations during demonstrations, parades, assemblies,
rallies and picket lines, which serve the significant government interests of protecting and
safeguarding the health and safety of persons who participate in demonstrations,
assemblies, parades, picket lines and rallies and those who attend or view these events as
well as protecting property while allowing the free exercise of First Amendment rights. The
attached ordinance provides definitions for "demonstration", "rally" and "picket line".
Furthermore it specifies prohibited activities, such as the possession of weapons, as
defined therein, during any demonstration, rally or picket line. Weapons for purposes of
this section are defined as sticks, crobars, glass bottles, stones, spray paint, etc., and the
ordinance further restricts persons from wearing masks, except for public safety personnel.
The prohibited activities are limited and apply only to demonstrations, rallies, picket lines
and parades, as defined in the ordinance. Locations are defined to the location where said
demonstrations, rallies, picket lines and parade take place. The specific elements of the
Ordinance were also referred to the Community Affairs Committee between first and
second reading, to address specific elements of the Ordinance and place limitations as
deemed appropriate.
The Community Affair's Committee meeting of September 30, 2003 was cancelled
however staff has revised the ordinance after first reading as follows: the ordinance will be
initiated upon a warning by a law enforcement official to dispose or discard of any such
objects specified in subsections (1) through (10) and failure to do so will result in an arrest.
CONCLUSION
In light of the upcoming FTAA it is necessary to adopt the attached ordinance on second
reading/public hearing as amended.
The City's restrictions are narrowly tailored so that they do not become unreasonable for
persons to exercise their First Amendment rights.
JMG/~rar
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. CITY OF MIAMI BEACH ro
NonCE OF PUBLIC HEARINGS ~
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NOTICE IS HEREBY given that Public Hearings will be held by the Mayor and City
Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor,
City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, October
15, 2003, at the times listed below, to consider the following.
at 10:45 a.m.:
AN ORDINANCE AMENDING THE COOE OF THE CITY OF MIAMI BEACH, FLORIDA,
SECTION 142-107. "DEVELOPMENT REGULATIONS FOR THE ALTOS DEL MAR HISTORIC
DISTRICT," INCREASING THE MAXIMUM SQUARE FOOTAGE THAT MAY BE BUILT IN THE
RS-4 ZONING DISTRICT WITHIN THE "ALTOS DEL MAR" LOC'AL HISTORIC DISTRICT.
PRDVlOING FOR CODIFICATION; REI'EALER; SEVERABlUTY; AND AN EFFECTIVE DATE.
1nquir1es may be directed to the fltanning Department (305) 673-7550.
at 11:00 a.a:
AN ORDINANCE AMENDING SECTION 106-346, ENTITLED "DEANITIONS", OF MIAMI
BEACH CITY CODE ARTICLE VIII, ENTITLED "PARADES", OF MIAMI BEACH CITY CODE - 1
CHAPTER 106, ENTITLED "TRAFFIC AND VEHICLES"; "DEFINING DEMONSTRATION, I .
RALLY, f'\CKET LINE; CREATING MIAMI BEACH CITY CODE SECTION 106-375, TO BE
ENTITLED "PROHIBITED ACTMTIES" OF CITY CODE ARTICLE VIII, ENTITLED "I'ARADES",
OF MIAMI BEACH CITY CODE CHAPTER 106, ENTITLED "TRAFAC AND VEHICLES";
ESTABLISHING REGULATIONS CONCERNING PARADES AND DEMONSTRATIONS;
PROHIBITING CERTAIN ACTIVITIES AT PARADES, DEMONSTRATIONS, RALUES, I'ICKET
LINES AND PARADES IN PUBLIC PLACES IN THE CITY, F'RDVlDING FOR REPEALER,
SEVERABIUlY, CODIRCATION AND EFFECTIVE DATE.
Inquiries may be directed to the I'olice Departnient (305) 673-7925.
at 11:45 a.rn.:
AN ORDINANCE AMENDING CHAPTER 50 OF THE CITY OF MIAMI BEACH CODE ENTITLED
"AREPREVENTlON AND F'ROTECTlON", BY AMENDING SECTION 50-3 THEREOF,
ENTITLED "PlANS EXAMINATION, INSPECTIONS, PERMITS" !IY DELETING SUBSECTIONS
50-3(A) THROUGH (N) IN TOTO AND REPlACING SAME WITH SUBSECTIONS SO-3(A)
THROUGH(V), AND BY AMENDING APPENDIX A THERETO, ENTITLED "FEE SCHEDULE";
BY I'RDVIDING FOR AN INCREASE IN PERMIT AND INSPECTION FEES FOR ARE PERMITS
AND FOR OTHER ARE DEI'ARTMENT ACTIVITIES FOR SUBSECTIONS SO-3(A) THROUGH
(V); I'RDVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
Inquiries may be directed to the Rnance Department (305) 673-7466.
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an
agent, or 111 express their views in writing addressed 111 the CIIy Commission, c/o the City
Clm, 1700 Conventlon Center Drive, 1st Roar, City HaY, Miami Beach, FIoIida 33139.
Copies of these ordinances are available for public Inspedlon dur1ng normal business
hours In the CIty Clerk's Office, 1700 Convention Center Drive, 1st Aoor, CIIy Hall, Miami
Beach, Rorlda 33139. This meetlng may be continued and under such circumstances
additional legal notice would not be provided.
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Robert E. Parcher, CIty Clerk
City of Miami Beach
Pursuanllo 5eclIon 286.Q105, Ra. Stat., the CIty hereby edYises the pt.CJIIcthat Wa person_
to appeal any decIaIon made by the City Commission with respect 10 any ma!tIlr conekIered at Its
maetlng or Its hearing, euch person must ensure that a _ record 01 the procaedIngs is made,
which raconllnclud.. the testimony and ev~ence upon wI1Ich the appeal is to be _. This noIIca
does not conslftuta coneent by the CIty for the IntroducUon or lIlmIaslon 01 othefwisa l1admisslble or
irrelevant evidence, nor does ~ euthorize challengas or appeals not lt1erM8e eIIOwod by law.
In accordance with the Americans with Olsabll~ies Act of 1990, persoos 'naedlng special
accom~ to I*1IdPate In this procesdlng, or 10 request InIormatlon on access for peqons
with dllabllll/es, or 10 raquest this publ~a1Ion In accessible format or 10 raquset sign language
Interpratllrs, should con1acI the CIty Clerk's office at (305) 673-7411, "" later than folr days Il10r 10
the ~I"ll. W haerIng Impaired, contact the City Clerk's offIca via the florida AeIay SeIW:a
numbers, (IlOO) 955-6771 (TT'I) or (800) 955-8770 (VOICE).
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