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Final Text of the Miami Ordinance
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Here is the final text of the Miami Ordinance.
You can also download: RTF | PDF | DOC (with "tracked changes")
Click here for the ACLU's letter to the City attorney about the ordinance.
.Title
SUBSTITUTE - COMMUNITY RELATIONS BOARD 11-04-03
AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 54 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND
SIDEWALKS" TO ESTABLISH REASONABLE TIME, PLACE AND MANNER REGULATIONS
CONCERNING MATERIALS AND OBJECTS THAT MAY BE POSSESSED, CARRIED OR USED
BY THOSE PARTICIPATING IN PARADES AND PUBLIC ASSEMBLIES; MORE
PARTICULARLY BY ADDING NEW SECTION 54 6.1 TO SAID CODE; CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
..Body
WHEREAS, the City's current parade regulations, which govern parades,
demonstrations, rallies and assemblies, were enacted more than twenty
years ago; and
WHEREAS, the statutory and judicial laws governing parades,
demonstrations, rallies and assemblies have developed and are
significantly different than law as it existed at the time of enactment;
and
WHEREAS, current technology, communication and materials available have
altered the manner in which such events occur, and the nature and level
of the activity of those participating in such events have changed
significantly since the enactment of the current regulations; and
WHEREAS, in recent years, civil unrest and disturbance have occurred at
parades and assemblies, accompanied in some instances by significant
personal injuries and property damage, including injuries and damage
caused by the use of various weapons and projectiles including some or
all of those items specified in Section 2 of this Ordinance; and
WHEREAS, courts have recognized the right of jurisdictions to enact
reasonable time, place and manner restrictions related to parades,
demonstrations, rallies and assemblies while protecting the First
Amendment rights of groups and individuals wishing to express their
views by such demonstrations, rallies and assemblies; and
WHEREAS, the regulations of the City of Los Angeles restricting the
size, nature and shape of sign handles were recently upheld by the Ninth
Circuit Court of Appeal. See: Vlasak v. Superior Court, 329 F.3d 683
(9th Cir. 2003). See also: Edwards v. City of Coeur D'Alene, 262 F.3d
856 (9th Cir. 2001); Foti v. City of Menlo Park, 146 F.3d 629 (9th Cir.
1998); and
WHEREAS, the City of Miami wishes to ensure the safety and security of
those viewing, attending, or participating in parades and assemblies,
the residents and businesses, and the public officials and employees
responsible for handling or overseeing such events on public property in
the City of Miami to reduce or avoid the possibility of personal injury
and property damage; and
WHEREAS, the City of Miami recognizes the First Amendment rights of
those wishing to express their views, both individually and
collectively, on issues addressed at or in future parades, protests, demonstrations, rallies; and
WHEREAS, it is appropriate for the City Commission to enact
regulations relating to parades and assemblies to ensure the safety and
well-being of individuals and property, while ensuring the First
Amendment rights of those wishing to associate and to express their
views, both individually and collectively; and
WHEREAS, it is the purpose and intent of the City of Miami, in enacting
the regulations set forth in Section 2 of this Ordinance, to establish
reasonable time, place and manner restrictions for parades and
assemblies to ensure the safety and well-being of individuals and
property, while at the same time ensuring the First Amendment rights of
those wishing to associate and to express their views, both individually
and collectively; and
WHEREAS, in enacting these regulations, the City is cognizant of recent
court decisions that authorize the enactment of reasonable time, place
and manner restrictions, and the City is also cognizant of its
obligation not to improperly restrict the First Amendment rights of
individuals and groups wishing to associate and to express their First
Amendment views on any and all issues, and to do so in a robust,
vigorous manner; and
WHEREAS, the regulations in Section 2 of this Ordinance restrict only
the types of materials that those participating in parades,
demonstrations, rallies and assemblies may have in their possession, and
do not interfere with their rights of association and expression; and
WHEREAS, the materials restricted or prohibited by Section 2 of this
Ordinance have the potential to be used as weapons and to inflict
personal and property damage, or to provide protection by preventing
permitted law enforcement controls related to those participating in the
use of such weapons and the infliction of personal and property damage,
and the materials have been used for this purpose in events in other
jurisdictions; and
WHEREAS, it is therefore, reasonable and appropriate to restrict
possession of certain materials as a reasonable time, place and manner
regulation;
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 54 of the Code of the City of Miami, Florida, as
amended, entitled "Streets and Sidewalks" is amended in the following
particulars:{1}
"CHAPTER 54
STREETS AND SIDEWALKS
ARTICLE I. IN GENERAL
* * * * *
Sec. 54-6.1. Parade and Assembly Prohibitions
(a) Definitions.
The term "Parade" shall mean a coordinated movement of seven (7) or
more pedestrians or vehicles upon the streets, within the city with an
intent of attracting public attention that interferes with or has a
tendency to interfere with the normal flow or regulation of traffic upon
the street .
The term "Public Assembly" shall mean a gathering outside a structure
of more than eight (8) persons for a common purpose at a public place
that continues in existence for more than thirty (30) minutes.
(b) The following prohibitions shall apply to all parades and public assemblies:
1. It shall be unlawful for any person at any parade or public
assembly to carry or possess any weapon, as defined below. For purposes
of this chapter, and notwithstanding any other provision of this code,
"weapon" means any pistol, rifle, shotgun or other firearm of any kind,
whether loaded or unloaded, air rifle, air pistol, paintball gun,
paintball rifle, explosive, blasting cap(s), knife, hatchet, ax,
slingshot, slungshot, blackjack, metal knuckles, mace, iron buckle, ax
handle, chains, crowbar, hammer, shovel, or any club or bludgeon or any
other instrumentality used or intended for use as a dangerous weapon.
2. It shall be unlawful for any person to carry or possess any sign,
poster, plaque or notice unless such sign, poster, plaque, or notice is
constructed solely of a cloth, paper, flexible or cardboard material no
greater than one-quarter inch in thickness.
3. It shall be unlawful for any person to carry or possess any length
of lumber, wood or wood lath unless it is one-fourth inch or less in
thickness and two inches or less in width or if not generally
rectangular in shape, such object shall not exceed three-quarters inch
in its thickest dimension. Both ends of the length of lumber, wood or
wood lath shall be blunt and shall not be pointed. Exceptions from this
section include 1) lumber or wood used to support or control puppets, so
long as the lumber or wood is not detached from the puppets and 2)
stilts, defined as two poles with footrests off the ground on which
someone balances or walks so long as each stilt does not exceed fifteen
(15) feet in length and two by two (2X2)_inches in width.
4. It shall be unlawful for any person to carry or possess any length
of metal, plastic or other similar hard of stiff material, whether
hollow or solid; provided that hollow plastic does not exceed
three-quarter (3/4") inch in its thickest dimension, does not exceed
one-eighth inch (1/8") in wall thickness and is not filled with any
material, liquid, gas or solid, may be used to support a sign, banner,
placard or other similar display; however, both ends of the length of
plastic material shall be blunt, and not pointed.
5. It shall be unlawful for any person to carry or possess glass
bottles, glass jars or glass containers of any kind unless such glass
container is a vial required to hold medication customarily stored in a
glass vial.
6. It shall be unlawful for any person to carry or possess balloons
filled with any material or substance other than air, oxygen or helium.
Such materials and substances include, but are not limited to, water,
paint, or any other liquid, solid, or other gas.
7. It shall be unlawful for any person to carry or possess bricks,
stones, rocks, or pieces of asphalt or concrete. No person may carry or
possess with the intent to unlawfully use any hard materials or
substances or pieces of hard materials or substances that are capable of
being thrown or projected.
8. It shall be unlawful for any person to carry or possess spray paint cans.
9. It shall be unlawful for any person to carry or possess any
projectile launcher or other device which is commonly used for the
purpose of launching, hurling or throwing any object, liquid, material
or other substance, including, but not limited to, supersoakers and
watercannons. Nothing in this subsection is intended to prohibit or
restrict those participating in parades, demonstrations, rallies or
assemblies from possessing sufficient amount of water or other liquids
designed and intended for human consumption during such events.
10. It shall be unlawful for any person to carry or possess any so
called 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, carabiners
or other locking devices used to lock a person or persons to another
person or persons or other objects.
Nothing in this section shall prohibit a disabled person from
carrying, possessing or using a wheelchair, cane, walker, or similar
device necessary for providing mobility so that the person may
participate in a parade.
Nothing in this section is intended to authorize the possession or use
of materials, weapons or devices that are otherwise prohibited by any
other local, state or federal ordinance, statute or regulation. The
purpose of this section is to prohibit the carrying or possession of
items and materials that have the potential to be used as weapons to
cause physical or personal damage, and whose possession might not
otherwise be prohibited by local, state or federal law.
* * * * *
Section 3. All ordinances or parts of ordinances insofar as they are
inconsistent or in conflict with the provisions of this Ordinance are
repealed.
Section 4. 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 5. This Ordinance shall become effective IMMEDIATELY after final reading and adoption thereof.{2}
PASSED ON FIRST READING BY TITLE ONLY this _______ day of ______________, 2003.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this ________ day of _________________, 2003.
APPROVED AS TO FORM AND CORRECTNESS:
______________________________
ALEJANDRO VILARELLO
CITY ATTORNEY
..Footnote
{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.
{2} This Ordinance shall become effective as specified herein unless
vetoed by the Mayor within ten 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.
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