O-712-15 ORDINANCE NO. 712-15
AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL AMENDING CHAPTER 20,
"STREETS, SIDEWALKS AND OTHER PUBLIC PLACES" BY CREATING ARTICLE VI
"TARGETED PICKETING" RELATING TO CERTAIN PROHIBITIONS AND LIMITATIONS ON
PICKETING AT A RESIDENCE OR DWELLING WITHIN THE VILLAGE; PROVIDING FOR
CRIMINAL PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village Council finds that a series of reported picketing activities targeted at the
homes of Village residents has resulted in residents fearing for their safety as well as the safety of their
family members and unable to enjoy the privacy of their homes;and
WHEREAS, the United States Supreme Court has found that picketing activities and a resident's
privacy in the home require a balancing of the interests between first amendment freedom of
expression rights and the rights of individual citizens to feel safe and secure within their home;and
WHEREAS,the restrictions presented in this ordinance are intended to be content and viewpoint
neutral and, neutral with respect to time, place and manner restrictions; and
WHEREAS,the United States Supreme Court has stated in similar circumstances that"preserving
the sanctity of the home, the one retreat to which men and women can repair to escape from the
tribulations of their daily pursuits, is surely an important value." Carey v. Brown, 447 U.S. 455, 471
(1980); and
WHEREAS, the United States Supreme Court also recognized that a "special benefit of the
privacy all citizens enjoy within their own walls, which the State may legislate to protect, is an ability to
avoid intrusions." Frisby v. Schultz, 487 U.S. 4741 484-85 (1988). Moreover, the Supreme Court has
"repeatedly held that individuals are not required to welcome unwanted speech into their homes and
that the government may protect this freedom." Id. at 85; and
WHEREAS, the Village Council enacts this ordinance for the primary purpose of protecting and
preserving a feeling of safety, well-being, tranquility, and privacy for its residents, while narrowly
tailoring the prohibitions contained in this ordinance so as to continue protecting the constitutional right
of free expression for all individuals; and
WHEREAS, the proposed ordinance does not prohibit any particular type of speech content and
is directed to the protection of occupants in their residential dwellings within the Village;and
WHEREAS,the Village Council finds that this ordinance is in the best interest and welfare of the
residents of the Village.
NOW,THEREFORE, BE IT ORDAINED BY THE MIAMI SHORES VILLAGE COUNCIL THAT:
Section 1. The foregoing "whereas" clauses are hereby ratified and incorporated as the
legislative intent of this Ordinance.
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Section 2. Chapter 20 of the Miami Shores Code of Ordinances is hereby amended by
adding Article VI,which said section shall read as follows:
ARTICLE VI.TARGETED PICKETING.
Sec.20-110.Residential Picketing.
(a) Purpose.
1. The purpose of this section is to protect the public health, welfare and good order of Miami
Shores Village which requires that its citizens have the opportunity to experience peace,
well-being,and privacy in their homes at all times.
2. The practice of picketing before or about residences and dwellings causes emotional
disturbance and distress to the inhabitants as well as obstructs and interferes with free use
of public sidewalks and public ways of travel and such practice has as its object the
harassment and discomfort of the dwelling inhabitants.
3. Other opportunities exist and will continue to exist for the exercise of freedom of speech
and other constitutional rights.This Ordinance is intended to prohibit targeted picketing of a
Village resident's dwelling while permitting other speech options.
4. The provisions enacted by this article are necessary for the public interest to avoid such
detrimental results set forth above and are enacted by the Village Council pursuant to
Article VIII,Section 2 of the Florida Constitution and Chapter 166, Florida Statutes.
(b) Picketing Residence or Dwelling Prohibited. No person shall engage in picketing upon, before,
or about the residence or dwelling of any individual in Miami Shores Village.
(c) Criminal Penalties. Any person who violates this Ordinance shall be subject to a fine not to
exceed $500 or a term of imprisonment in the county jail not to exceed 60 days or by both such
fine and imprisonment. Any authorized law enforcement officer of the Village who witnesses a
violation of this Ordinance may immediately arrest the violator.
Section 3. If any section, clause, sentence, or phrase of this Ordinance is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 4. All Sections or parts of Sections of the Code or Ordinances, all Ordinances or
part of Ordinances, and all Resolutions or parts of Resolutions, in conflict with this Ordinance are
repealed to the extent of such conflict.
Section 5. This Ordinance shall be effective immediately upon adoption at second and final
reading.
PASSED on first reading this 6th day of October ,2015.
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PASSED and ADOPTED on second and final reading,this 3`d day of November ,2015.
ATTEST: Klice Burch, Mayor
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Barbara A. Estep, MMC
Village Clerk
APPROVED AS TO FORM:
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Richard Sarafan
Village Attorney
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