Resolution 2024-32971 RESOLUTION NO. 2024-32971
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, (1) DIRECTING THE CITY ADMINISTRATION
TO IMPLEMENT IN ADVANCE AND ENFORCE TIME, PLACE, AND
MANNER RESTRICTIONS IN ORDER TO REGULATE AND CONTROL
FUTURE PROTESTS AND DEMONSTRATIONS TO THE FULLEST EXTENT
PERMITTED BY LAW, WITH THE AIM OF ENSURING PUBLIC SAFETY
AND PROTECTING CITY RESIDENTS, PREVENTING DISTURBANCES,
AND PRESERVING THE RIGHTS OF ALL; AND (2) DIRECTING THE MIAMI
BEACH POLICE DEPARTMENT TO NOTIFY THE MAYOR AND CITY
COMMISSION OF PROTESTS OF ANY SIZE TAKING PLACE IN THE CITY
WITHIN ONE (1) HOUR OF OBTAINING INFORMATION TO ESTABLISH A
REASONABLE BASIS TO BELIEVE THAT A PROTEST WILL OCCUR.
WHEREAS, the City of Miami Beach has a long-standing commitment to promoting and
endorsing the fundamental principles of peace,justice, and tolerance; and
WHEREAS, the City recognizes the importance of fostering strong and peaceful
international relations by supporting nations that share these values, including the State of
Israel; and
WHEREAS, the City seeks to balance the protection of free speech and the right to
peacefully protest with the absolute need to maintain law, order, and public safety, during all
protests and demonstrations; and
WHEREAS, it is crucial that the City be more adequately prepared to lawfully manage the
time, place, and manner of any future protests or demonstrations, and ensure compliance with
its regulations by subjecting violators to appropriate penalties and/or sanctions; and
WHEREAS, for instance, 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, and who, after being ordered to move by law enforcement
officers, remains in or on any public sidewalk, street, alley, beach walk, or beach entrance in
such a manner as to block or impair movement of vehicles or pedestrians should be guilty,, of
the offense of Obstructing of Pedestrian and Vehicular Traffic, as currently being considered by
separate ordinance by the Mayor and City Commission; and
WHEREAS, acts authorized as an exercise of one's First Amendment right to
demonstrate, picket or to legally protest should 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 currently being considered by
separate ordinance by the Mayor and City Commission; and
WHEREAS, it is also essential that the Mayor 'and City Commission be advised in
advance of any protest of any size planned to take place in the City before it occurs in order to
adequately prepare the public for the.impending protest and to provide advance notice to the
public of the planned protest so that they may avoid the area of the protest if they so desire.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commissioner hereby (1)
direct the City Administration to implement in advance and enforce time, place, and manner
restrictions in order to regulate and control future protests and demonstrations to the fullest
extent permitted by law, with the aim of ensuring public safety and protecting City residents,
preventing disturbances, and preserving the rights of all; and (2) direct the Miami Beach Police
Department to notify the Mayor and City Commission of protests of any size taking place in the
City within one (1) hour of obtaining information to establish a reasonable basis to believe that a
protest will occur.
PASSED and ADOPTED this 13th day of March, 024.
•
St en einer, Mayor
,..... /
ATTEST:
MAR 1 5 2024
Rafael . Granado, City Clerk APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION
(Sponsored by Mayor Steven Meiner)
Co-Sponsored by Commissioner David Suarez irW3 -74.— 2.4
City Attorney r/f Date
KOAP ORATED
OH.
Resolutions - R7 I
MIAMI BEACH
•
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: March 13, 2024
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, (1) DIRECTING THE CITY
ADMINISTRATION TO IMPLEMENT IN ADVANCE AND ENFORCE TIME,
PLACE, AND MANNER RESTRICTIONS IN ORDER TO REGULATE AND
CONTROL FUTURE PROTESTS AND DEMONSTRATIONS TO THE
FULLEST EXTENT PERMITTED BY LAW, WITH THE AIM OF ENSURING
PUBLIC SAFETY AND PROTECTING CITY RESIDENTS, PREVENTING
DISTURBANCES, AND PRESERVING THE RIGHTS OF ALL; AND (2)
DIRECTING THE MIAMI BEACH POLICE DEPARTMENT TO NOTIFY THE
MAYOR AND CITY COMMISSION OF PROTESTS OF ANY SIZE TAKING .
PLACE IN THE CITY WITHIN ONE (1) HOUR OF OBTAINING
INFORMATION TO ESTABLISH A REASONABLE BASIS TO BELIEVE
THAT A PROTEST WILL OCCUR.
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
The attached Resolution was prepared at the request of the sponsor, Mayor Steven Meiner.
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
Page 629 of 1070
Legislative Tracking
Office of the City Attorney
Sponsor
Mayor Steven Meiner
ATTACHMENTS:
Description
❑ Resolution
Page 630 of 1070