HomeMy WebLinkAbout2026-005-494_-_Public_Participation_Amendment_-_Adopted.docx
ORDINANCE NO. 2026-005-494
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AMENDING ARTICLE II -CITY
COUNCIL, SECTION 2-60 “PUBLIC PARTICIPATION” OF THE
CODE OF ORDINANCES; PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR INCLUSION IN CODE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Section 2-60 “Public Participation” of the Code of Ordinances provides
the rules and procedures governing public participation at city council meetings, and
WHEREAS, on October 8, 2024, the United States Court of Appeals for the
Eleventh Circuit in Moms for Liberty- Brevard County v. Brevard Public Schools, 21-cv-
1849-RBD-GJK held that a Public Participation Policy requiring statements at board
meetings to be directed to the Board’s chair was an unreasonable restriction of speech
and that allowing the chair to interrupt statements that are too lengthy, personally
directed, abusive, obscene or irrelevant was facially unconstitutional as applied and a
violation of the First Amendment, and
WHEREAS, in light of the court’s decision, it is recommended that Section 2-60
governing Public Participation be amended to be consistent with the court’s ruling and
ensure that decorum is observed at city council meetings, and
COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Ordinance.
Section 2. AMENDMENT: That the Code of Ordinances, City of Miami Gardens,
Florida, is hereby amended by revising Article II, Section 2-60 of the City of Miami
Gardens Code of Ordinances to amend the rules and procedures governing public
participation at city council meetings as follows:
Sec. 2-60. Public participation.
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(e) Manner of addressing the city council and time limit.
(1) Each person, other than members of the city staff, who addresses the city
council shall step up to the podium and shall give the following information in
an audible tone of voice for the minutes:
a. Name;
b. Address;
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Ordinance No. 2026-005-494
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c. Whether the person speaks on his/her own behalf, a group of persons, or a
third party.
(2) Unless further time is granted by the city council, the speaker shall be limited to
two minutes, unless further time is given by the presiding officer. All remarks
shall be addressed to the city council as a body and not to any member
thereof. No person, other than city council members and the person having the
floor, shall be permitted to enter into any discussion, either directly or through a
member of the city council, without the permission of the presiding officer. No
question shall be asked a city council member except through the presiding
officer.
(3) When in the determination of the presiding officer, there are a large number of
persons wishing to speak on the same item; the presiding officer may direct
that these persons designate a representative(s) to address the city council on
the proposal, rather than all members of such groups.
(f) Decorum.
(1) All terms used in this section herein shall the same definitions and meanings as
those set forth in Merriam-Webster’s Dictionary and/or Black’s Law Dictionary.
(1) (2) Any person making personal irrelevant, impertinent, or slanderous or
personally directed abusive or obscene remarks or who becomes boisterous
while addressing the city council shall not be considered orderly or observing
decorum. If any person becomes too lengthy, abusive, obscene, disruptive or
otherwise fails to comply decorum rules, the presiding officer may:
a. Issue a warning and provide an opportunity for the individual to conclude
remarks in a decorous manner and within the designated time limit;
b. Interrupt and terminate the individual from concluding their remarks; or
c. Bar the individual from further appearance before the city council, unless or
until permission to continue or again address the city council is granted by
a majority vote of the city council.
(2) (3) Order shall be maintained. If any person refuses to obey the orders of the
presiding officer and is declared out of order, the individual may be subject to
removal by the sergeant-at-arms.
Section 3. CONFLICT: All ordinances or Code provisions in conflict herewith are
hereby repealed.
Section 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining
portions of this Ordinance.
Section 5. INCLUSION IN CODE: It is the intention of the City Council of the City
of Miami Gardens that the provisions of this Ordinance shall become and be made a
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Ordinance No. 2026-005-494
Added language is underlined. Deleted language is stricken through.
part of the Code of Ordinances of the City of Miami Gardens and that the section of this
Ordinance may be renumbered or relettered and the word “Ordinance” may be changed
to “Chapter,” “Section,” “Article” or such other appropriate word or phrase, the use of
which shall accomplish the intentions herein expressed.
Section 6. EFFECTIVE DATE: This Ordinance shall become effective
immediately upon its final passage.
PASSED ON FIRST READING ON THE 11th DAY OF FEBRUARY, 2026.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS
AT ITS REGULAR MEETING HELD ON FEBRUARY 25, 2026.
________________________________
RODNEY HARRIS, MAYOR
ATTEST:
________________________________
MARIO BATAILLE, MMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: SONJA DICKENS, CITY ATTORNEY
Moved by: Vice mayor Stephens
Seconded by: Councilwoman Julien
VOTE: 7-0
Mayor Harris Yes
Vice Mayor Stephens, III Yes
Councilwoman Baskin Yes
Councilman Leon Yes
Councilwoman Powell Yes
Councilwoman Wilson Yes
Councilwoman Julien Yes
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