TEXT of Proposed Miami City Protest Ordinance

This THURSDAY, SEPT. 25, the Miami City Commission will most likely pass an ordinance banning the use and possession of a variety of items related to peaceful protests, demonstrations and protest marches. THE PROPOSED TEXT IS BELOW. TAKE ACTION TO STOP IT! <!--break--> The actual text of the ordinance follows the call to action. Read it for yourself! PLEASE FORWARD WIDELY! This THURSDAY, SEPT. 25, the Miami City Commission will most likely pass an ordinance banning the use and possession of a variety of items related to peaceful protests, demonstrations and protest marches. This includes puppets and other props; street theater masks; signs on sticks; cameras (still and video; used to record the actions of overzealous police); padded clothing (for protection against police truncheons and dogs); bullhorns; gas masks of any kind, including bandannas (used for protection against tear-gas and other dangerous chemical agents often used indiscriminately and recklessly by police), and much more. The ordinance, which will take effect when passed and expire on Thursday, Nov. 27, is clearly aimed at stifling the voices of the tens of thousands of people - students, union members, activists, peasant farmers and many other types of individuals - from around the Americas and the world who will be coming to South Florida to protest at the FTAA (Free Trade Area of the Americas) meeting to be held from Nov. 17-21 in Miami. This ordinance is an outrageous abridgment of democratic rights and civil liberties, including the right of free speech, the right to protest and the right to assemble. The ACLU and protest leaders have pointed out that the "proposed ordinance ... is so broadly written that it may allow police to clamp down on constitutionally protected, peaceful protest activities." (The Miami Daily Business Review, "As Miami plans to prevent disruptions during trade talks, protest groups warn of First Amendment breaches," Sept. 19, 2003) The undemocratic nature of this ordinance is in keeping with the undemocratic nature of the FTAA itself. If the treaty creating it, eventually is ratified by the 34 nations participating in the Miami meeting, each country's sovereignty and that of its people will be seriously compromised. Under the rules that would be imposed by the FTAA, decision-making power on economic, social and cultural policies, as well as national development plans will be transferred to transnational corporations and investors located in North America. It's important that concerned citizens immediately contact Miami city officials to voice their opposition to this draconian, unconstitutional measure. Although the ordinance seems destined for approval, these officials need to know that the eyes of the world are upon them and that their action will be protested rather than allowed to happen quietly. Please take a moment to e-mail them, or if you can afford to, call them. Tell them you're contacting them to express your opposition to this ordinance which strips away free speech rights - refer to it the parades and demonstrations ordinance; if they ask what you mean, tell them it's item J-O3-772 on the Sept. 25 City Commission agenda, which would add section 6.1 to Chapter 54 of the City of Miami municipal code. Be succint and polite, but make sure they understand how you feel. MIAMI CITY OFFICIALS CONTACT INFORMATION Mayor Manuel A. Diaz: mannydiaz (at) ci.miami.fl.us (305) 250-5300 District 1 Commissioner Angel Gonzalez: agonzalez (at) ci.miami.fl.us (305)250-5430 District 2 Commissioner Johnny L. Winton: jwinton (at) ci.miami.fl.us (305)250-5333 District 3 Commissioner Joe M. Sanchez: jsanchez (at) ci.miami.fl.us (305)250-5380 District 4 Commissioner Tomas P. Regalado: tr (at) ci.miami.fl.us (305)250-5420 District 5 Commissioner Arthur Teele Jr.: artteele (at) ci.miami.fl.us (305)250-5390 City Manager Joe Arriola: jarriola (at) ci.miami.fl.us (305)250-5400 City Attorney Alejandro Vilarello: law (at) ci.miami.fl.us (305) 416-1800 J-03-772 9/11/03 ORDINANCE NO. ___________ AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED âSTREETS AND SIDEWALKSâ 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 DEMONSTRATIONS, AND PROVIDING FOR SUNSET OF SAID REGULATIONS AT MIDNIGHT ON THURSDAY, NOVEMBER 27, 2003; MORE PARTICULARLY BY ADDING NEW SECTION 546.1 TO SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ______________________ WHEREAS, the Cityâs 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 events in many cities, 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 not restricting 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, 2003 U.S. App. LEXIS 9230. See also: Edwards v. City of Coeur DâAlene, 262 F.3rd 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, based on information obtained by the City of Miami, it appears that potential exists for civil disturbance and unrest during certain upcoming events and it is appropriate for the City Commission to timely enact regulations to be in effect relating to such events 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, no First Amendment right exists to permit personal and property damage through use of these materials, and it is therefore, reasonable and appropriate to restrict possession of such materials as a prophylactic, reasonable time, place and manner regulation; and WHEREAS, the City Commission has determined, that in the best interests of the citizens of the City of Miami, such regulations should sunset at Midnight on Thursday, November 27, 2003; 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 âStreets and Sidewalksâ is amended in the following particulars: âCHAPTER 54 STREETS AND SIDEWALKS ARTICLE I. IN GENERAL * * * * * Sec. 54-6.1. Parade and Assembly Prohibitions. (a) Definitions. The term "parade" shall mean any march, demonstration, procession, motorcade, or promenade consisting of persons, animals, or vehicles, or a combination thereof, having a common purpose, design, destination, or goal; upon any public place, which parade, march, demonstration, procession, motorcade, or promenade does not comply with normal and usual traffic regulations or control. The term "assembly" shall mean any meeting, demonstration, picket line, rally, gathering, or group of three (3) or more persons, animals, or vehicles, or a combination thereof, having a common purpose, design, or goal, upon any public street, sidewalk, alley, park, or other public place, which assembly substantially inhibits the usual flow of pedestrian or vehicular travel or which occupies any public area, other than a parade, as defined above. (b) The following prohibitions shall apply to all parades and demonstrations: (1) It shall be unlawful for any person at any parade or demonstration to carry or possess any weapon, as defined below. For purposes of this chapter, and notwithstanding any other provision of this code, âweaponâ 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, baseball bat, ax handle, chains, crowbar, hammer, shovel, stick, pole or other club or bludgeon or any other instrumentality customarily used or intended for probable 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 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. 4. It shall be unlawful for any person to carry or possess any length of metal, plastic or ot her similar hard of stiff material, whether hollow or solid; provided that hollow plastic does not exceed three-quarter (3/4â) inch in its thickest dimension, does not exceed one-eighth inch (1/8â) 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. 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. Prohibited 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 solid golf balls, ball bearings, marbles, paint balls or other solid shapes made of rubber, plastic, metal, wood or any other similar hard substance, including batteries; provided that nothing is intended to prohibit the possession of bicycles, wheelchairs and other similar devices that include ball bearings or other as part of their structure; and, provided further, that nothing is intended to prohibit the possession of electronic, electrical or other devices that are battery-operated. The purpose of this subsection is to prohibit the possession of materials or devices that can be thrown or projected and can or may cause, or have the potential for causing, significant personal or property damage. 8. It shall be unlawful for any person to carry or possess bricks, stones, rocks, pieces of asphalt or concrete or pieces of other similar hard materials or substances that are capable of being thrown or projected. 9. It shall be unlawful for any person to carry or possess spray paint cans. 10. 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. 11. It shall be unlawful for any person to carry, possess or wear any gas mask or similar device designed to filter all air breathed and that would protect the respiratory tract and face against irritating, noxious or poisonous gases. 12. It shall be unlawful for any person to carry, possess or wear a bulletproof vest as that term is defined in Sec. 775.0846 Fla. Stat. (2003), or other improvised body armor. Improvised body armor is gear or attire worn for the purpose of enabling the wearer to engage or attempt to engage in unlawful activity. 13. 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 publicâs 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 utilized for the purpose of locking 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. * * * * *â 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. The provisions of this Ordinance shall sunset at Midnight on Thursday, November 27, 2003. Section 6. This Ordinance shall become effective IMMEDIATELY after final reading and adoption thereof./ 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. MANUEL A. DIAZ, MAYOR ATTEST: ______________________________ PRISCILLA A. THOMPSON CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: ______________________________ ALEJANDRO VILARELLO CITY ATTORNEY W1524:GKW:et:BSS

<p>This THURSDAY, SEPT. 25, the Miami City Commission will most likely pass an ordinance banning the use and possession of a variety of items related to peaceful protests, demonstrations and protest marches. THE PROPOSED TEXT IS BELOW. TAKE ACTION TO STOP IT!</p> <!--break--><p>The actual text of the ordinance follows the call to action. Read it for yourself!</p> <p>PLEASE FORWARD WIDELY!</p> <p>This THURSDAY, SEPT. 25, the Miami City Commission will most likely<br /> pass an ordinance banning the use and possession of a variety of items<br /> related to peaceful protests, demonstrations and protest marches. This<br /> includes puppets and other props; street theater masks; signs on sticks;<br /> cameras (still and video; used to record the actions of overzealous<br /> police); padded clothing (for protection against police truncheons and<br /> dogs); bullhorns; gas masks of any kind, including bandannas (used for<br /> protection against tear-gas and other dangerous chemical agents often<br /> used indiscriminately and recklessly by police), and much more.</p> <p>The ordinance, which will take effect when passed and expire on Thursday,<br /> Nov. 27, is clearly aimed at stifling the voices of the tens of thousands<br /> of people - students, union members, activists, peasant farmers and many<br /> other types of individuals - from around the Americas and the world who<br /> will be coming to South Florida to protest at the FTAA (Free Trade Area<br /> of the Americas) meeting to be held from Nov. 17-21 in Miami.</p> <p>This ordinance is an outrageous abridgment of democratic rights and civil<br /> liberties, including the right of free speech, the right to protest and<br /> the right to assemble. The ACLU and protest leaders have pointed out that<br /> the "proposed ordinance ... is so broadly written that it may allow police<br /> to clamp down on constitutionally protected, peaceful protest activities."<br /> (The Miami Daily Business Review, "As Miami plans to prevent disruptions<br /> during trade talks, protest groups warn of First Amendment breaches,"<br /> Sept. 19, 2003)</p> <p>The undemocratic nature of this ordinance is in keeping with the<br /> undemocratic nature of the FTAA itself. If the treaty creating it,<br /> eventually is ratified by the 34 nations participating in the Miami<br /> meeting, each country's sovereignty and that of its people will be<br /> seriously compromised. Under the rules that would be imposed by the<br /> FTAA, decision-making power on economic, social and cultural policies,<br /> as well as national development plans will be transferred to transnational<br /> corporations and investors located in North America.</p> <p>It's important that concerned citizens immediately contact Miami city<br /> officials to voice their opposition to this draconian, unconstitutional<br /> measure. Although the ordinance seems destined for approval, these<br /> officials need to know that the eyes of the world are upon them and that<br /> their action will be protested rather than allowed to happen quietly.<br /> Please take a moment to e-mail them, or if you can afford to, call them.<br /> Tell them you're contacting them to express your opposition to this<br /> ordinance which strips away free speech rights - refer to it the parades<br /> and demonstrations ordinance; if they ask what you mean, tell them it's<br /> item J-O3-772 on the Sept. 25 City Commission agenda, which would add<br /> section 6.1 to Chapter 54 of the City of Miami municipal code. Be succint<br /> and polite, but make sure they understand how you feel.</p> <p>MIAMI CITY OFFICIALS CONTACT INFORMATION<br /> Mayor Manuel A. Diaz:<br /> mannydiaz (at) ci.miami.fl.us<br /> (305) 250-5300<br /> District 1 Commissioner Angel Gonzalez:<br /> agonzalez (at) ci.miami.fl.us<br /> (305)250-5430<br /> District 2 Commissioner Johnny L. Winton:<br /> jwinton (at) ci.miami.fl.us<br /> (305)250-5333<br /> District 3 Commissioner Joe M. Sanchez:<br /> jsanchez (at) ci.miami.fl.us<br /> (305)250-5380<br /> District 4 Commissioner Tomas P. Regalado:<br /> tr (at) ci.miami.fl.us<br /> (305)250-5420<br /> District 5 Commissioner Arthur Teele Jr.:<br /> artteele (at) ci.miami.fl.us<br /> (305)250-5390<br /> City Manager Joe Arriola:<br /> jarriola (at) ci.miami.fl.us<br /> (305)250-5400<br /> City Attorney Alejandro Vilarello:<br /> law (at) ci.miami.fl.us<br /> (305) 416-1800</p> <p>J-03-772<br /> 9/11/03<br /> ORDINANCE NO. ___________<br /> AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 54 OF THE<br /> CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED âSTREETS AND<br /> SIDEWALKSâ TO ESTABLISH REASONABLE TIME, PLACE AND MANNER REGULATIONS<br /> CONCERNING MATERIALS AND OBJECTS THAT MAY BE POSSESSED, CARRIED OR USED<br /> BY THOSE PARTICIPATING IN PARADES AND DEMONSTRATIONS, AND PROVIDING FOR<br /> SUNSET OF SAID REGULATIONS AT MIDNIGHT ON THURSDAY, NOVEMBER 27, 2003;<br /> MORE PARTICULARLY BY ADDING NEW SECTION 546.1 TO SAID CODE; CONTAINING A<br /> REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE<br /> EFFECTIVE DATE.<br /> ______________________</p> <p>WHEREAS, the Cityâs current parade regulations, which govern parades,<br /> demonstrations, rallies and assemblies, were enacted more than twenty<br /> years ago; and</p> <p>WHEREAS, the statutory and judicial laws governing parades,<br /> demonstrations, rallies and assemblies have developed and are<br /> significantly different than law as it existed at the time of enactment;<br /> and</p> <p>WHEREAS, current technology, communication and materials available<br /> have altered the manner in which such events occur, and the nature and<br /> level of the activity of those participating in such events have changed<br /> significantly since the enactment of the current regulations; and</p> <p>WHEREAS, in recent years, civil unrest and disturbance have occurred<br /> at events in many cities, accompanied in some instances by significant<br /> personal injuries and property damage, including injuries and damage<br /> caused by the use of various weapons and projectiles including some or<br /> all of those items specified in Section 2 of this Ordinance; and</p> <p>WHEREAS, courts have recognized the right of jurisdictions to enact<br /> reasonable time, place and manner restrictions related to parades,<br /> demonstrations, rallies and assemblies while not restricting the First<br /> Amendment rights of groups and individuals wishing to express their<br /> views by such demonstrations, rallies and assemblies; and</p> <p>WHEREAS, the regulations of the City of Los Angeles restricting the size,<br /> nature and shape of sign handles were recently upheld by the Ninth Circuit<br /> Court of Appeal. See: Vlasak v. Superior Court, 2003 U.S. App. LEXIS<br /> 9230. See also: Edwards v. City of Coeur DâAlene, 262 F.3rd 856 (9th<br /> Cir. 2001); Foti v. City of Menlo Park, 146 F.3d 629 (9th Cir. 1998); and</p> <p>WHEREAS, the City of Miami wishes to ensure the safety and security of<br /> those viewing, attending, or participating in parades and assemblies,<br /> the residents and businesses, and the public officials and employees<br /> responsible for handling or overseeing such events on public property in<br /> the City of Miami to reduce or avoid the possibility of personal injury<br /> and property damage; and</p> <p>WHEREAS, the City of Miami recognizes the First Amendment rights of<br /> those wishing to express their views, both individually and collectively,<br /> on issues addressed at or in future parades, protests, demonstrations,<br /> rallies; and</p> <p>WHEREAS, based on information obtained by the City of Miami, it appears<br /> that potential exists for civil disturbance and unrest during certain<br /> upcoming events and it is appropriate for the City Commission to timely<br /> enact regulations to be in effect relating to such events to ensure<br /> the safety and well-being of individuals and property, while ensuring<br /> the First Amendment rights of those wishing to associate and to express<br /> their views, both individually and collectively; and</p> <p>WHEREAS, it is the purpose and intent of the City of Miami, in enacting<br /> the regulations set forth in Section 2 of this Ordinance, to establish<br /> reasonable time, place and manner restrictions for parades and assemblies<br /> to ensure the safety and well-being of individuals and property,<br /> while at the same time ensuring the First Amendment rights of those<br /> wishing to associate and to express their views, both individually and<br /> collectively; and</p> <p>WHEREAS, in enacting these regulations, the City is cognizant of recent<br /> court decisions that authorize the enactment of reasonable time, place<br /> and manner restrictions, and the City is also cognizant of its obligation<br /> not to improperly restrict the First Amendment rights of individuals and<br /> groups wishing to associate and to express their First Amendment views<br /> on any and all issues, and to do so in a robust, vigorous manner; and</p> <p>WHEREAS, the regulations in Section 2 of this Ordinance restrict only the<br /> types of materials that those participating in parades, demonstrations,<br /> rallies and assemblies may have in their possession, and do not interfere<br /> with their rights of association and expression; and</p> <p>WHEREAS, the materials restricted or prohibited by Section 2 of this<br /> Ordinance have the potential to be used as weapons and to inflict<br /> personal and property damage, or to provide protection by preventing<br /> permitted law enforcement controls related to those participating in the<br /> use of such weapons and the infliction of personal and property damage,<br /> and the materials have been used for this purpose in events in other<br /> jurisdictions; and</p> <p>WHEREAS, no First Amendment right exists to permit personal and property<br /> damage through use of these materials, and it is therefore, reasonable and<br /> appropriate to restrict possession of such materials as a prophylactic,<br /> reasonable time, place and manner regulation; and</p> <p>WHEREAS, the City Commission has determined, that in the best interests<br /> of the citizens of the City of Miami, such regulations should sunset at<br /> Midnight on Thursday, November 27, 2003;</p> <p>NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,<br /> FLORIDA:</p> <p>Section 1. The recitals and findings contained in the Preamble to this<br /> Ordinance are adopted by reference and incorporated as if fully set<br /> forth in this Section.</p> <p>Section 2. Chapter 54 of the Code of the City of Miami, Florida, as<br /> amended, entitled âStreets and Sidewalksâ is amended in the following<br /> particulars:</p> <p>âCHAPTER 54<br /> STREETS AND SIDEWALKS<br /> ARTICLE I. IN GENERAL<br /> * * * * *<br /> Sec. 54-6.1. Parade and Assembly Prohibitions.</p> <p>(a) Definitions.</p> <p>The term "parade" shall mean any march, demonstration, procession,<br /> motorcade, or promenade consisting of persons, animals, or vehicles,<br /> or a combination thereof, having a common purpose, design, destination,<br /> or goal; upon any public place, which parade, march, demonstration,<br /> procession, motorcade, or promenade does not comply with normal and<br /> usual traffic regulations or control.</p> <p>The term "assembly" shall mean any meeting, demonstration, picket line,<br /> rally, gathering, or group of three (3) or more persons, animals, or<br /> vehicles, or a combination thereof, having a common purpose, design,<br /> or goal, upon any public street, sidewalk, alley, park, or other public<br /> place, which assembly substantially inhibits the usual flow of pedestrian<br /> or vehicular travel or which occupies any public area, other than a<br /> parade, as defined above.</p> <p>(b) The following prohibitions shall apply to all parades and<br /> demonstrations:</p> <p>(1) It shall be unlawful for any person at any parade or demonstration<br /> to carry or possess any weapon, as defined below. For purposes of this<br /> chapter, and notwithstanding any other provision of this code, âweaponâ<br /> means any pistol, rifle, shotgun or other firearm of any kind, whether<br /> loaded or unloaded, air rifle, air pistol, paintball gun, paintball<br /> rifle, explosive, blasting cap(s), knife, hatchet, ax, slingshot,<br /> slungshot, blackjack, metal knuckles, mace, iron buckle, baseball bat,<br /> ax handle, chains, crowbar, hammer, shovel, stick, pole or other club<br /> or bludgeon or any other instrumentality customarily used or intended<br /> for probable use as a dangerous weapon.</p> <p>2. It shall be unlawful for any person to carry or possess any sign,<br /> poster, plaque or notice unless such sign poster plaque, or notice is<br /> constructed solely of a cloth, paper or cardboard material no greater<br /> than one-quarter inch in thickness.</p> <p>3. It shall be unlawful for any person to carry or possess any length<br /> of lumber, wood or wood lath unless it is one-fourth inch or less in<br /> thickness and two inches or less in width or if not generally<br /> rectangular in shape, such object shall not exceed three-quarters inch<br /> in its thickest dimension. Both ends of the length of lumber, wood or<br /> wood lath shall be blunt and shall not be pointed.</p> <p>4. It shall be unlawful for any person to carry or possess any length<br /> of metal, plastic or ot<br /> her similar hard of stiff material, whether hollow or solid; provided<br /> that hollow plastic does not exceed three-quarter (3/4â) inch in its<br /> thickest dimension, does not exceed one-eighth inch (1/8â) in wall<br /> thickness and is not filled with any material, liquid, gas or solid,<br /> may be used to support a sign, banner, placard or other similar<br /> display; however, both ends of the length of plastic material shall be<br /> blunt, and not pointed.</p> <p>5. It shall be unlawful for any person to carry or possess glass<br /> bottles, glass jars or glass containers of any kind.</p> <p>6. It shall be unlawful for any person to carry or possess balloons<br /> filled with any material or substance other than air, oxygen or helium.<br /> Prohibited materials and substances include, but are not limited to,<br /> water, paint, or any other liquid, solid, or other gas.</p> <p>7. It shall be unlawful for any person to carry or possess solid golf<br /> balls, ball bearings, marbles, paint balls or other solid shapes made<br /> of rubber, plastic, metal, wood or any other similar hard substance,<br /> including batteries; provided that nothing is intended to prohibit the<br /> possession of bicycles, wheelchairs and other similar devices that<br /> include ball bearings or other as part of their structure; and,<br /> provided further, that nothing is intended to prohibit the possession<br /> of electronic, electrical or other devices that are battery-operated.<br /> The purpose of this subsection is to prohibit the possession of<br /> materials or devices that can be thrown or projected and can or may<br /> cause, or have the potential for causing, significant personal or<br /> property damage.</p> <p>8. It shall be unlawful for any person to carry or possess bricks,<br /> stones, rocks, pieces of asphalt or concrete or pieces of other similar<br /> hard materials or substances that are capable of being thrown or<br /> projected.</p> <p>9. It shall be unlawful for any person to carry or possess spray paint<br /> cans.</p> <p>10. It shall be unlawful for any person to carry or possess any<br /> projectile launcher or other device which is commonly used for the<br /> purpose of launching, hurling or throwing any object, liquid, material<br /> or other substance, including, but not limited to, supersoakers and<br /> watercannons. Nothing in this subsection is intended to prohibit or<br /> restrict those participating in parades, demonstrations, rallies or<br /> assemblies from possessing sufficient amount of water or other liquids<br /> designed and intended for human consumption during such events.</p> <p>11. It shall be unlawful for any person to carry, possess or wear any<br /> gas mask or similar device designed to filter all air breathed and that<br /> would protect the respiratory tract and face against irritating,<br /> noxious or poisonous gases.</p> <p>12. It shall be unlawful for any person to carry, possess or wear a<br /> bulletproof vest as that term is defined in Sec. 775.0846 Fla. Stat.<br /> (2003), or other improvised body armor. Improvised body armor is gear<br /> or attire worn for the purpose of enabling the wearer to engage or<br /> attempt to engage in unlawful activity.</p> <p>13. It shall be unlawful for any person to carry or possess any<br /> Sleeping Dragon Device, with the intent to use the device to deny or<br /> obstruct the publicâs ability to freely move about on roadways,<br /> sidewalks, or into or out of buildings. For purposes of this<br /> subsection, a Sleeping Dragon Device shall mean a section of pipe, or a<br /> container, filled with weighted material, handcuffs, chains, carabiners<br /> or other locking devices utilized for the purpose of locking a person<br /> or persons to another person or persons or other objects.<br /> Nothing in this section shall prohibit a disabled person from carrying,<br /> possessing or using a wheelchair, cane, walker, or similar device<br /> necessary for providing mobility so that the person may participate in<br /> a parade.</p> <p>Nothing in this section is intended to authorize the possession or use<br /> of materials, weapons or devices that are otherwise prohibited by any<br /> other local, state or federal ordinance, statute or regulation. The<br /> purpose of this section is to prohibit the carrying or possession of<br /> items and materials that have the potential to be used as weapons to<br /> cause physical or personal damage, and whose possession might not<br /> otherwise be prohibited by local, state or federal law.</p> <p>* * * * *â<br /> Section 3. All ordinances or parts of ordinances insofar as they are<br /> inconsistent or in conflict with the provisions of this Ordinance are<br /> repealed.</p> <p>Section 4. If any section, part of section, paragraph, clause, phrase<br /> or word of this Ordinance is declared invalid, the remaining provisions<br /> of this Ordinance shall not be affected.</p> <p>Section 5. The provisions of this Ordinance shall sunset at Midnight on<br /> Thursday, November 27, 2003.</p> <p>Section 6. This Ordinance shall become effective IMMEDIATELY after<br /> final reading and adoption thereof./</p> <p>PASSED ON FIRST READING BY TITLE ONLY this _______ day of<br /> _______________, 2003.<br /> PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this<br /> ________ day of _________________, 2003.<br /> MANUEL A. DIAZ, MAYOR<br /> ATTEST:<br /> ______________________________<br /> PRISCILLA A. THOMPSON<br /> CITY CLERK<br /> APPROVED AS TO FORM AND CORRECTNESS:<br /> ______________________________<br /> ALEJANDRO VILARELLO<br /> CITY ATTORNEY<br /> W1524:GKW:et:BSS</p>