Ordinance 2024-4604 ORDINANCE NO 2024-4604
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED
"MISCELLANEOUS OFFENSES," BY AMENDING ARTICLE II,
ENTITLED "PUBLIC PLACES," BY AMENDING DIVISION I ENTITLED
"GENERALLY," BY CREATING SECTION 70-46 THEREOF,
ENTITLED "OBSTRUCTING OF PEDESTRIAN AND VEHICULAR
TRAFFIC PROHIBITED"; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, sidewalks, streets, alleys, beach walks, and beach entrances play a vital role
in city life as conduits for pedestrian movement and access, enhancing connectivity and
promoting walking throughout the city; and
WHEREAS, safe, accessible, and well-maintained sidewalks, streets, alleys, beach walks,
and beach entrances are a fundamental and necessary foundation for cities, and have been found
to enhance general public health and maximize social capital; and
WHEREAS, when an individual's path is blocked on the sidewalks, streets, alleys, beach
walks, and beach entrances it can force them onto the street or other dangerous terrain where
there is a risk of death or injury; and
WHEREAS, pedestrians killed while walking along the roadway account for almost 8 percent
of traffic fatalities resulting from collisions between motor vehicles and pedestrians; and
WHEREAS, the City of Miami Beach wishes to provide citizens and visitors the right to move
freely and safely through the city.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Chapter 70 of the Code of the City of Miami Beach, Florida, entitled
"Miscellaneous Offenses," be amended, by amending Article II, entitled "Public Places," by
amending Division I, entitled "Generally," by creating Section 70-46 thereof, entitled
"Obstructing of Sidewalks and Streets Prohibited" as follows and as hereinafter set forth
below:
CHAPTER 70
MISCELLANEOUS OFFENSES
* * *
ARTICLE II. PUBLIC PLACES
* * *
DIVISION I. GENERALLY
*
Sec. 70-46. OBSTRUCTING OF PEDESTRIAN AND VEHICULAR TRAFFIC PROHIBITED
(a)-Any person who, walks, stands, sits, lies, or places an object in such manner as to
intentionally block or impair passage or movement by another person or by a vehicle, or
to require another person or a vehicle to detour or to take other evasive action to avoid
physical contact, and who, after being ordered by a law enforcemen officer to move or to
move the object , and such person or such object remains in
or on any public sidewalk, street, alley, beach walk, or beach entrance in such a manner
as to block or impair passa•a or movement b ano her •erson orb a vehicle or o re•uire
another person or a vehicle to detour or take other evasive action to avoid physical contact.
shall be guilty, pursuant to this Section, of the offense
of Obstructing of Pedestrian and Vehicular Traffic.
(b) Protected activities. Acts authorized as an exercise of one's First Amendment right to
demonstrate, picket or to legally protest shall not constitute Obstructing of Pedestrian and
Vehicular Traffic unless a nearby adequate and available alternative forum is offered and
provided, to which the subject or subjects refuse to move. As an illustration only, a person
or persons blocking or impairing movement of vehicles or pedestrians on any public
sidewalk, street, alley, beach walk, or beach entrance while exercising their First
Amendment right to protest demonstrate, picket or to legally protest should be offered
access to an adjacent or nearby public park, if one exists and is available, where they can
exercise their First Amendment rights without blocking or impairing movement of vehicles
or pedestrians on any public sidewalk, street, alley, beach walk, or beach entrance. Only
if those person or persons refuse to move to such a park or other offered appropriate
alternative forum where their activities will not block or impair movement of vehicles or
pedestrians on any public sidewalk, street, alley, beach walk, or beach entrance may an
arrest be made.
(c) Permitted Activities. Acts authorized by a permit duly issued by a lawful authority shall not
constitute a violation of this Section.
•
(d) Enforcement. Violation of this Section shall be enforced pursuant to Section 1-14 of the
Miami-Beach City Code. If a law enforcement officer or other authorized official encounters
a person violating this Section who volunteers that he or she has no home or other
permanent shelter, he or she must be given an opportunity to voluntarily enter a homeless
shelter or similar facility within Miami-Dade County, if available to that person, or to accept
other available government assistance for which the person is eligible that would result in
housing, including, but not limited to, mutually consensual reunification with family or
friends in any location, or consensual placement in any other appropriate facility that
provides housing within Miami-Dade County. If no homeless shelter or other facility, or
government assistance, that would result in immediate housing, is available for which the
person is eligible, an arrest may not be made.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
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repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remaindershall not be affected by such invalidity.
SECTION 4. 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 Miami
Beach City Code. The sections of this 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 5. EFFECTIVE DATE. .
This Ordinance shall take effect on the 023 day of MaecA , 2024.
PASSED AND ADOPTED this /3 day 1274ee , 2024. •
ATTEST:
Steven Meiner, Mayor
MAR 1 5 2024
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Alex J. Fernandez; co-sponsored by Commissioners Magazine
and Suarez) Co-Sponsored by Commissioner Laura Dominguez
Underline denotes additions
Strikethrough denotes deletions s: ,,,,,,
Double Underline denotes additions :- c1 PPROVED AS TO
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Ooublc Strikcthrough denotes • & LANGUAGE
deletions at Second Reading kINC0RP ORATEt z Fr}i EXECUTION
"417*
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City Attorney Otte
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Ordinances -R5 H
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney •
DATE: March 13, 2024
10:45 a.m. Second Reading Public Hearing
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,AMENDING CHAPTER 70 OF THE CODE OF
THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "MISCELLANEOUS
OFFENSES," BY AMENDING ARTICLE II, ENTITLED "PUBLIC PLACES,"
BY AMENDING DIVISION I ENTITLED "GENERALLY," BY CREATING
SECTION 70-46 THEREOF, ENTITLED "OBSTRUCTING OF PEDESTRIAN
AND VEHICULAR TRAFFIC PROHIBITED"; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
BACKGROUND/HISTORY
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes
a principal engaged in lobbying?
No. If so, specify name of lobbyist(s)and principal(s): N/A
ANALYSIS
Please see attached Commission Memorandum.
The Business Impact Estimate(BIE)was published on March 1, 2024.
See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
N/A
Is this a"Residents Right Does this item utilize G.O.
to Know" item,pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Office of the City Attorney
Page 416 of 1070
Sponsor
Commissioner Alex Fernandez and Co-sponsored by Commissioners Suarez & Magazine, &
• Mayor Meiner
ATTACHMENTS:
Description
❑ Commission Memorandum
❑ Ordinance
Page 417 of 1070
MAM BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Steven Meiner and Members of the City Commission
FROM: Rafael A. Paz, City Attorney {)/----
SECOND READING
DATE: March 13, 2024
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, ENTITLED "MISCELLANEOUS
OFFENSES," BY AMENDING ARTICLE II, ENTITLED "PUBLIC PLACES," BY
AMENDING DIVISION I ENTITLED "GENERALLY," BY CREATING SECTION
70-46 THEREOF, ENTITLED "OBSTRUCTING OF PEDESTRIAN AND
VEHICULAR TRAFFIC PROHIBITED"; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
At the request of the sponsor, Commissioner Alex J. Fernandez, this proposed ordinance
is presented to the Mayor and City Commission for your consideration on second reading.
The proposed ordinance was approved at first reading at the City Commission meeting
on February 21, 2024. Between first and second reading, subsection (a) of the proposed
ordinance has been amended to clarify a few minor points as set forth below.
The City of Miami Beach has a strong interest in protecting the health, safety and welfare
of the general public, by providing residents and visitors the right and ability to move freely
and safely through the City. Sidewalks, streets, alleys, beach walks, and beach entrances
play a vital role in city life as conduits for pedestrian movement and access, enhancing
connectivity and promoting walking throughout the City. Safe, accessible, and well-
maintained sidewalks, streets, alleys, beach walks, and beach entrances are a
fundamental and necessary foundation for cities, and have been found to enhance
general public health and maximize social capital. When an individual's path is blocked
on the sidewalks, streets, alleys, beach walks, and beach entrances it can force them
onto the street or other dangerous terrain where there is a risk of death or injury.
Pedestrians killed while walking along the roadway account for many incidents of traffic
fatalities resulting from collisions between motor vehicles and pedestrians.
In order to advance the foregoing objectives, the proposed ordinance creates new City
Code Section 70-46 and mandates that any person who, stands, sits, lies, or places an
object in such manner as to block passage by another person or to require another person
to take evasive action to avoid physical contact, or who, after being ordered to move by
law enforcement officers, remains in or on any public sidewalk, street, alley, beach walk,
Page 418 of 1070
Commission Memo
March 13, 2024
Page 2
or beach entrance in such a manner as to block or impair movement of vehicles or
pedestrians shall be guilty, pursuant to this Section, of the offense of Obstructing of
Pedestrian and Vehicular Traffic.
Between first and second reading, the subsection(a)was amended slightly to make more
clear that blocking or impairing pedestrian or vehicular traffic by a person or by an object
placed on a public sidewalk, street, alley, beach walk, or beach entrance by a person
violates the ordinance.
The proposed Ordinance also contains express constitutional protections, at subsection
(b), providing that acts authorized as an exercise of one's First Amendment right to
demonstrate, picket or to legally protest shall not constitute Obstructing of Pedestrian and
Vehicular Traffic unless a nearby adequate and available alternative forum is offered and
provided, to which the subject or subjects refuse to move.
As an illustration only, a person or persons blocking or impairing movement of vehicles
or pedestrians on any public sidewalk, street, alley, beach walk, or beach entrance while
exercising their First Amendment right to protest demonstrate, picket or to legally protest
should be offered access to an adjacent or nearby public park, if one exists and is
available, where they can exercise their First Amendment rights without blocking or
impairing movement of vehicles or pedestrians. Only if those person or persons refuse to
move to such a park or other offered forum where their activities will not block or impair
movement of vehicles or pedestrians on any public sidewalk, street, alley, beach walk, or
beach entrance may an arrest be made.
The proposed Ordinance also provides, at subsection (c), that anyone performing acts
with a valid permit are allowed.
Finally, the proposed Ordinance establishes, at subsection (d), that violations are
punishable by a maximum of 60 days in jail and/or a maximum $500 fine. However, if the
subject identifies themselves as homeless, the opportunity to enter a homeless shelter,
or other immediate housing, must be offered and refused before an arrest may be
effectuated.
RAP/RFR/mmm
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Page 419 of 1070