HomeMy WebLinkAbout2023-004-460_-_Public_Participation_-_Adopted.docxORDINANCE NO. 2023-004-460
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 November 21, 2022, 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 affirmed the lower court’s ruling that a Public Participation Policy
requiring statements at board meetings to be directed to the Board’s chair and further
allowing the chair to interrupt statements that are too lengthy, personally directed,
abusive, obscene or irrelevant was constitutional, 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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(f) Decorum. Any person making personal, impertinent, or slanderous remarks or who
becomes boisterous while addressing the city council shall be barred from further
appearance before the city council by the presiding officer, unless permission to
continue or again address the city council is granted by a majority vote of the city
council.
(1) Any person making personal, irrelevant, impertinent, or slanderous remarks or
who becomes boisterous while addressing the city council shall not be
considered orderly or observing decorum. If any person becomes too lengthy,
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Ordinance No. 2023-004-460
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) 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 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 14th DAY OF DECEMBER, 2022.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON JANUARY 25, 2023.
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RODNEY HARRIS, MAYOR
ATTEST:
________________________________
MARIO BATAILLE, CMC, CITY CLERK
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Ordinance No. 2023-004-460
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: SONJA DICKENS, CITY ATTORNEY
Moved by: Councilwoman Julien
Seconded by: Councilwoman Campbell
VOTE: 7-0
Mayor Harris Yes
Vice Mayor Wilson Yes
Councilwoman Campbell Yes
Councilwoman Ighodaro Yes
Councilwoman Julien Yes
Councilman Leon Yes
Councilman Stephens, III Yes
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