§ 25-2. Personal conduct.
25-2.1 Handbills.
(a)
No person shall distribute, exhibit or post any commercial handbills, circulars, leaflets or similar material on the Airport.
(b)
No person shall throw any handbills, circulars, leaflets or similar material onto the Airport, Airport roads, rights-of-way, streets or sidewalks.
(c)
Except as may be permitted pursuant to subsection 25-2.2 hereof, distribution of noncommercial handbills, circulars, leaflets or similar material may be conducted only upon Airport public roads, rights-of-way, streets or sidewalks, in accordance with reasonable procedures established by the Department. (Ord. No. 75-113, § 2, 12-2-75)
25-2.2 Solicitation of contributions and distribution of materials.
(a)
No person shall solicit alms or contributions of money or other articles of value, for religious, charitable or any other purpose, and receive money or other articles of value, whether in the form of cash, checks, credit or debit vouchers or any other form of negotiable instrument, in the public areas of the Terminal. No person shall conduct or participate in any speechmaking, distributing of pamphlets, books or other written or graphic materials upon the Airport or within its facilities without having delivered a written notice to the Department of his, her or its intent to do so at least five (5) working days prior thereto so that the Department may be fully informed of the activity proposed and take adequate precautions to protect the public health, safety and order, and to assure the efficient and orderly use of Airport property for its primary purpose and function, and to assure equal opportunity for the freedom of expression of others.
(b)
The written notice required herein shall state:
(1)
The full name, address (and mailing address if different), telephone number of the person furnishing the notice, and, if an organization, the name, address and telephone number of a responsible local officer thereof and the title of such officer.
(2)
The purpose or subject of the proposed activity and a description of the means and methods intended to be used in conducting the same.
(3)
The date, hours and Airport location desired for the proposed activity and the maximum number of persons proposing to participate therein at any one time or period of time, together with a form of identification card, authenticated copies of which shall be displayed on the outer clothing of each individual participating in the particular activity proposed. Such identification cards shall contain the name of the organization furnishing the notice, the legal name of the individual bearing the card, the signature and title of the official of such organization and the date issued.
(c)
The Director shall have the authority to prescribe from time to time restrictions applicable to First Amendment activities at the Airport. Such restrictions shall be subject to the requirements of subsection (d) and may include, but not be limited to, identifying specific locations of First Amendment zones in the Terminal Building and other Airport facilities, limiting the number of persons permitted in such zones, and providing a method for resolving conflicting requests for use of First Amendment zones.
(d)
All restrictions prescribed by the Director shall be reasonable and appropriate, and made only after a finding by the Director that the restrictions are necessary to avoid injury, or the likelihood of injury, to persons or property, or to assure the safe and orderly use of the Airport facilities by the public.
(e)
Persons having given such written notice to the Director as provided in Section 25-2.2(a) shall be permitted to conduct their activities in or upon the public Airport areas, subject only to the restrictions identified by the Director in a written response sent to the applicant. Such response shall be sent within five (5) working days of the Director's receipt of the applicant's notice.
(f)
If the Director notifies the applicant that his application is denied, the County Attorney's office shall within five (5) days of such denial file an appropriate action in a court of competent jurisdiction and venue for a judicial determination as to whether the proposed activity described in the complaint may be prohibited, naming the applicant as a party defendant. Dade County shall exert every reasonable effort to have the issue heard on its merits without delay and as quickly as legally possible. The burden of showing that the proposed solicitation may be prohibited shall rest with the County.
(g)
If the issue for judicial determination is not heard and decided on the merits by the court within ten (10) days from the date the complaint is filed, then the applicant shall be entitled to engage in the activities described in the application, subject only to those restrictions imposed on all other applicants as to time, place and manner of activities, so as to avoid injury to persons or property and to assure the safe and orderly use of the Airport facilities by the public. The applicant may continue to engage in such activities for so long as it may take to reach a final, nonappealed judicial determination. All parties shall thereupon abide by the ruling of such determination.
(h)
No person, while engaging in the activities provided for herein, shall seek to delay a person from whom a donation or contribution is sought, or to obstruct, or unreasonably interfere with access to or egress from any airline, concession or washroom facilities or premises, including, but not limited to, passenger concourses, escalators and elevators, nor shall such person in any manner assail, coerce, threaten or physically disturb any member of the public, County, airline or concession employee or any other person for any reason. The activities provided for herein shall not intrude upon or take place in any location or area reserved or zoned for a particular use, including, but not limited to, washrooms, offices, seating areas, baggage claim areas, ticketing areas, restaurants, lounges, concessions, areas devoted to business enterprises and passenger concourses and gate holding areas. No person shall engage in the activity hereunder without first identifying the organization he or she represents in connection with such prospective donation.
(i)
No person, while engaging in the activities provided for herein, shall affix any matter, written or graphic, to any Airport structure or facility, nor shall any such matter be left unattended at any location at the Airport except in baggage lockers for a period not exceeding twenty-four (24) hours upon payment of the prevailing fee.
(j)
The Director is empowered to wholly or partially restrict the activities provided for herein in the event of emergencies, including but not limited to, strikes affecting the operation of the Airport, aircraft or traffic accidents, riots or civil commotion, power failures, hurricanes, or other conditions tending to disrupt the normal operation of the Airport.
(k)
All persons engaged in activities permitted under Section 25-2.2 of the Code shall wear and display identification, approved by the Department, identifying such person and the organization such person represents. In no case shall any person in any activity under this section attempt to identify himself or herself as a representative of the County of the Department. (Ord. No. 75-113, § 2, 12-2-75; Ord. No. 90-1, § 1, 1-16-90; Ord. No. 95-41, §§ 41, 42, 3-7-95)
25-2.3 Preservation of property. No person shall:
(a)
Destroy, injure, deface, disturb, or tamper with any building, sign, equipment, fixture, marker, or any other structure or property on the Airport;
(b)
Injure, deface, remove, destroy, or disturb the trees, flowers, shrubs, or other vegetation on the Airport;
(c)
Walk, drive or park on a posted lawn or seeded area of the Airport; or
(d)
Willfully abandon any personal property on the Airport.
Any person who causes damage to Airport property shall be held liable for such damage. (Ord. No. 75-113, § 2, 12-2-75)
25-2.4 Entry to the AOA, SIDA or restricted areas. No person shall enter the AOA, a SIDA area or a restricted area of any County Airport except:
(a)
Persons who enter in accordance with security clearance pursuant to the security program established or authorized by the Department, for the particular Airport involved or;
(b)
Persons assigned duties on the AOA, a SIDA area or other restricted area of any County Airport bearing proper identification as approved and required herein, or;
(c)
Persons who are employees or authorized representatives of the Department or other federal, State or local governmental department or agency, having proper business thereon and bearing proper identification as approved and required herein. (Ord. No. 75-113, § 2, 12-2-75; Ord. No. 95-41, §§ 43, 44, 3-7-95)
25-2.5 Driving on AOA. No person shall drive upon the AOA at Miami International Airport, unless in accordance with subsections 25-2.4, 25-9.6 and 25-9.7 herein, and unless escorted at all times or be in possession of an AOA driver's permit issued by the Department, or at other County Airports in accordance with Operational Directives for such Airports. (Ord. No. 75-113, § 2, 12-2-75; Ord. No. 95-41, § 45, 3-7-95)
25-2.6 Coin-and currency-operated machines. No person shall use or attempt to use a coin- or currency-operated machine without first depositing the coins or currency required by the instructions on the machine. (Ord. No. 75-113, § 2, 12-2-75)
25-2.7 Use and enjoyment of Airport premises.
(a)
No person(s) singly or in association with others shall by his or their conduct or by congregating with others seek to obstruct, delay or unreasonably interfere with any other person or persons from the use and enjoyment of the Airport and its facilities or any part thereof, or seek to obstruct, delay, or unreasonably interfere with other person or persons from passage from place to place, or through entrances, exits or passageways on the Airport.
(b)
No person shall use, ride or drive a unicycle, a go-cart, roller skates, roller blades, or a skateboard on or at the Airport, and no person shall walk, drive a motor vehicle or ride a bicycle upon any area of an Airport made available to the public other than on roads, walks, or rights-of-way provided for such purpose.
(c)
No person, unless otherwise authorized by lease or Operational Directive, shall use, operate, drive or ride a boat, jet-skis, water scooters or like water vehicles on any waterway or body of water on an Airport nor shall Airport property be used for access of such water vehicle to a waterway or body of water on or adjacent to an Airport. Excluded from this restriction are water vehicles being used by a governmental agency for cleaning or policing such waterway or body of water.
(d)
No person, singly or in association with others, shall play any electronic or musical instrument, machine or other device in any public area of Terminal Building or on the Terminal Curbside in such a manner or so loudly as to prevent the quiet enjoyment of others or to cause others not to be able to reasonably hear private conversations and public address announcements, except as part of a musical performance authorized in writing by the Department. (Ord. No. 75-113, § 2, 12-2-75; Ord. No. 90-1, § 2, 1-16-90; Ord. No. 95-41, §§ 46, 47, 3-7-95)
25-2.8 Picketing.
(a)
Lawful picketing, marching or demonstrations on the Airport may be conducted only upon Airport public roads, rights-of-way, streets or sidewalks, in accordance with reasonable procedures established by the Department.
(b)
It shall be unlawful to picket, march or demonstrate within the Terminal Building structure at Miami International Airport. (Ord. No. 75-113, § 2, 12-2-75)
25-2.9 Prohibited conduct. It shall be unlawful for any person to remain in or on any area, place or facility at an Airport, unless such person has a bona fide purpose for being in such area, place or facility, directly related to the normal and regular usage of such area, place or facility, in such a manner as to hinder or impede the orderly passage in or through or the normal or customary use of such area, place or facility by persons or vehicles entitled to such passage or use. (Ord. No. 75-113, § 2, 12-2-75; Ord. No. 95-41, § 48, 3-7-95)
25-2.10 Sanitation.
(a)
No person shall dispose of garbage, papers, refuse or other forms of trash, including cigarettes, cigars and matches, except in receptacles provided for such purpose.
(b)
No person shall dump or dispose of any fill, building material or any other material on any Airport, or in any canal or drainage ditch serving an Airport, except with prior approval of the Department and in such areas and under such conditions as are specifically designated.
(c)
No person shall use a comfort station or rest room, toilet or lavatory facility other than in a clean and sanitary manner.
(d)
No person shall deposit, blow, or spread any bodily discharge on the ground or pavement anywhere on the Airport or on any floor, wall, partition, furniture, or any other part of a public comfort station, Terminal Building, hangar, or other building on the Airport, other than directly into a fixture provided for that purpose.
(e)
No person shall place any foreign object in any plumbing fixture of a comfort station, Terminal Building, hangar, or other building on the Airport. (Ord. No. 75-113, § 2, 12-2-75; Ord. No. 95-41, § 49, 3-7-95)
25-2.11 Intoxication.
(a)
No person shall drink any intoxicating liquors upon any portion of the Airport open to the public, except in airline special service lounges or club rooms or in other places as shall be properly designated by the Director or by lease for on-premises liquor consumption.
(b)
No person under the influence of intoxicating liquors or drugs shall operate any motor vehicle or aircraft on the Airport. (Ord. No. 75-113, § 2, 12-2-75)
25-2.12 Drugs. No person, other than a duly qualified physician, a certified emergency medical technician (under the direction of a duly qualified physician or as provided by law), a registered nurse, or a duly qualified pharmacist shall, while on an Airport, prescribe, dispense, give away, or administer any controlled substance as defined from time to time by state or federal law to another or have such a drug in his possession, with intent to prescribe, dispense, sell, give away, or administer it to another. Such persons shall not be authorized to offer to sell or to sell such drugs except pursuant to a permit, license or agreement issued by the County. (Ord. No. 75-113, § 2, 12-2-75; Ord. No. 95-41, § 50, 3-7-95)
25-2.13 Model aircraft. No person shall operate or release any model aircraft, rocket, kite, balloon, parachute (other than in an emergency), or other similar contrivance at or upon the Airport without the prior written approval of the Director. (Ord. No. 75-113, § 2, 12-2-75)
25-2.14
Animals.
(a)
No person, other than a person who is blind, visually impaired or otherwise disabled, with a seeing eye or other specially trained dog, or a trained dog used for law enforcement purposes, under the control of an authorized law enforcement officer, shall enter the Terminal Building with a domestic animal, unless such animal is to be or has been transported by air and is kept restrained by a leash or otherwise confined so as to be completely under control.
(b)
No person shall enter any part of an Airport, with a domestic animal, unless such animal is kept restrained by a leash or is so confined as to be completely under control, whether or not such animal is to be or has been transported by air travel. No person shall bring, carry or deliver any wild animal under his control or custody into the Terminal Buildings of an Airport, without having first obtained a permit from the Department.
(c)
Except for animals that are to be or have been transported by air and are properly confined for air travel, no person shall permit any wild animal under his control or custody to enter the Airport.
(d)
No person other than in the conduct of an official act shall hunt, pursue, trap, catch, injure, or kill any animal on the Airport; provided, however, that fishing shall be permitted in designated areas.
(e)
No person shall ride horseback on the Airport without prior authorization of the Department.
(f)
No person shall permit, either willfully or through failure to exercise due care or control, any animal to urinate or defecate upon the sidewalks of the Airport or upon the floor of the Terminal Building or any other building used in common by the public.
(g)
No person shall feed or do any other act to encourage the congregation of birds or other animals on or in the vicinity of the Airport. (Ord. No. 75-113, § 2, 12-2-75; Ord. No. 95-41, § 51, 3-7-95)
25-2.15
Weapons.
(a)
No person, other than federal, State or local law enforcement officers on duty or unless otherwise duly authorized by law and the Department, shall carry or transport any weapon on the Airport in a manner contrary to governing law.
(b)
No person shall discharge any gun on the Airport, except in the performance of official duties requiring the discharge thereof or in the lawful defense of life or property.
(c)
No person shall furnish, give, sell or trade any weapon or simulated weapon on the Airport unless authorized under appropriate lease with or permit issued by the County or as authorized by law. (Ord. No. 75-113, § 2, 12-2-75; Ord. No. 95-41, § 52, 3-7-95; Ord. No. 10-24, § 2, 4-6-10)
Note— Florida Statutes § 790.33, as amended, preempts and declares null and void all local ordinances, administrative regulations and rules in the field of firearms and ammunition, with limited exceptions set forth in § 790.33, as amended.
25-2.16
Lost articles. Any person finding lost articles at any Airport shall immediately deposit them with an authorized representative of the Department. Articles unclaimed by their proper owner within thirty (30) days thereafter shall, upon request, be turned over to the finder or otherwise be lawfully disposed of, in accordance with applicable law or Operational Directive. Nothing in this paragraph shall be construed to deny the right of scheduled air carriers or other Airport tenants to maintain "lost and found" services for property of their passengers, invitees or employees as permitted by law. Articles to which the owner or finder is not entitled to lawful possession shall be forfeited to the Department for disposal in accordance with the provisions of applicable law or County administrative order. (Ord. No. 75-113, § 2, 12-2-75; Ord. No. 95-41, § 53, 3-7-95; Ord. No. 13-81, § 1, 9-4-13)
25-2.17
Endangering aircraft or vehicle operations. No person shall throw, shoot or propel any object in such manner as to interfere with or endanger the safe operation of any aircraft landing at, taking off from or operating on the Airport or any vehicle operating on the Airport. (Ord. No. 75-113, § 2, 12-2-75)
Note— Florida Statutes § 790.33, as amended, preempts and declares null and void all local ordinances, administrative regulations and rules in the field of firearms and ammunition, with limited exceptions set forth in § 790.33, as amended.
25-2.17.1 Foreign objects on AOA.
(a)
The presence of foreign objects on any portion of the AOA presents a significant safety issue for aircraft and aircraft engines. Foreign objects include natural or manmade items, trash, debris, plastic or metal items or pieces thereof, and the like, any of which can cause damage to aircraft engines or aircraft either by being taken into an engine by reason of wind drafts created by such engine or else being wind-blown into an engine or against an aircraft.
(b)
No person shall place, deposit, or cause to be placed or deposited on any area of the AOA, or on any leasehold area in close proximity to or adjoining the AOA, any foreign object defined in subsection 25-2.17.1(a).
(c)
Any person who violates subsection (b) above, or who, being on the AOA and being then reasonably able to remove or cause the removal of a foreign object, or to dispose or cause the disposal of a foreign object into a suitable container on or off the AOA, shall be subject to confiscation of that person's identification badge in the manner provided in subsection 25-2.20(h), in addition to the penalty provisions provided for in this Chapter 25, including Section 25-2.26. (Ord. No. 96-80, § 1, 6-4-96)
25-2.18
False reports or threats. No person shall make any threat involving aircraft or any facilities or operations at or on the Airport or false report regarding the conduct of operations at or use of the Airport. (Ord. No. 75-113, § 2, 12-2-75; Ord. No. 95-41, § 54, 3-7-95)
25-2.19
Forgery and counterfeit. No person shall make, possess, use, offer for sale, sell, barter, exchange, pass, or deliver any forged, counterfeit, or falsely altered pass, permit, identification badge, certificate, placard, sign, or other authorization purporting to be issued by or on behalf of the Department, nor shall any information electronically or magnetically encoded thereon be knowingly altered or erased. (Ord. No. 75-113, § 2, 12-2-75; Ord. No. 95-41, § 55, 3-7-95)
25-2.20
Identification badges.
(a)
Those persons authorized to enter the AOA, any SIDA area or other restricted areas at Miami International Airport in accordance with subsections 25-2.4(b) and (c), or at any other County Airport, as established by Operational Directive, shall at all times possess an official identification badge issued or approved by the Department. Identification badges shall be worn conspicuously on the outer garment of the bearer, in plain view above the waist, unless otherwise authorized by the Department.
(b)
In the event an identification badge issued by the Department is damaged, lost, or stolen, the company which employs the person to which such was issued shall comply with procedures established by the Department and give immediate written notice of such occurrence to the Department. A duplicate badge shall not be reissued until such notice is received by the Department and either the employee or the employer has paid to the Department the established fee for the issuance of replacement identification badges.
(c)
All persons issued an identification badge by the Department, or the company employing such persons, shall pay the Department the established fee for the issuance of original or duplicate identification badges. The company employing persons issued identification badges by the Department shall be solely responsible for the prompt return of the identification badges of employees who have been terminated or transferred from their employment at the Airport, or whose return has been requested by the Department, and for paying to the Department the established fee for the failure to so return the identification badges of such employees.
(d)
No person to whom an approved identification badge has been issued by the Department for the purpose of entering the AOA, a SIDA area or other restricted areas of Miami International Airport or other County Airports shall transfer such badge to any other person or use such badge for personal purposes.
(e)
No person shall enter a restricted area at any Airport without possessing the appropriate color zone identification badge authorization for such access, unless otherwise specifically approved by the Department.
(f)
No person shall enter a restricted area at any Airport using an identification issued to any other person. In the event a person is discovered wearing the identification badge of another person, unless such other person has previously reported that their identification badge has been lost or stolen, both persons shall be considered to have violated the provisions of this section.
(g)
It shall be the responsibility of all persons working in restricted areas at any Airport to ensure that all other persons are properly wearing an appropriate identification badge at all times, in accordance with this section. A failure of a person to challenge another person in a restricted area not visibly wearing an identification badge shall be deemed a violation of this section.
(h)
Identification badges issued by the Department shall at all times remain the property of the County. As such, the Department shall at all times have the right to confiscate or demand the return of the identification badge of any person who violates the provisions of this chapter and to demand the return of the identification badges of all persons employed by a company violating this chapter or whose lease, permit or license agreement with the County allowing use of the Airport has expired or been cancelled or is terminated. The Department shall have the right to confiscate or demand the return of Department-issued identification badges for any violations by an individual of the Airport security program required by Federal Aviation Regulations.
(i)
Identification badges. In addition to a Code Inspector's right to issue civil violation notices (CVNs) under Chapter 8CC of the Code, any Code Inspector of the Department designated by the Director under Section 25-2.26(a) shall have the power to issue Departmental Safety Violation Notices (SVNs) to persons violating Chapter 25. SVNs shall be on forms established by the Department. Any person to whom an approved identification badge has been issued by the Department who on four occasions within a twelve month period is (a) issued an SVN for a violation of Chapter 25, or (b) issued a CVN and either pays the CVN, fails to appeal the CVN or is found guilty of the violation by a hearing officer, or (c) determined by a Code Inspector to have violated Section 25-9.3, 25-9.4, or 25-9.10(a) shall be required to surrender his or her badge for a period of time as may be determined by the Director by written policy. A person whose badge has been surrendered for any of the foregoing reasons shall have the right to appeal the decision to the Aviation Director or designee, in accordance with procedures established by the Aviation Department for appeals of decisions requiring the surrender of a badge. (Ord. No. 75-113, § 2, 12-2-75; Ord. No. 95-41, §§ 56, 57, 3-7-95; Ord. No. 10-24, § 3, 4-6-10)
25-2.21
Security devices and directives. No unauthorized person shall in any way tamper or interfere with a lock or closing mechanism of any door or gate at Miami International Airport or any other County Airport leading to the AOA, a SIDA area, a restricted area, a private leasehold or offices; nor shall any person otherwise knowingly breach, disobey or disregard any security directive, plan or program at the Airport. (Ord. No. 75-113, § 2, 12-2-75; Ord. No. 95-41, § 58, 3-7-95)
25-2.22
Elevators, moving stairways and moving walkways. No person shall use an elevator, moving stairway, moving walkway, fixed guideway vehicle or conveyance system contrary to its intended use or any posted restriction(s). (Ord. No. 75-113, § 2, 12-2-75; Ord. No. 95-41, § 59, 3-7-95)
25-2.23
Consent to inspection. Any vehicle or motor vehicle and the contents thereof, entering, departing from, or being in the air operations area (AOA) or other restricted areas, shall be subject to inspection by the Director, designated Department employees, or any law enforcement officer, for the purposes of determining ownership of such vehicle and the contents thereof, and for examining the documentation relating thereto. The operation or use of a vehicle or motor vehicle by any person into, from or within the AOA or a restricted area of the Airport shall constitute the consent of the owner, operator and/or user of such vehicle to the aforesaid inspection. Inspections relating to U.S. Customs bonded cargo and customs seals shall be subject to the rules and regulations of the United States Customs Service. (Ord. No. 88-37, § 3, 5-3-88)
25-2.24
Inspections. No person shall enter the AOA or a restricted area of the Airport, except persons who enter pursuant to Section 25-2.4 of this chapter, or employees of federal, State or local government bodies then having proper business thereon and bearing proper identification. No person entering or attempting to enter, being within, or departing from or attempting to depart the AOA or restricted areas of the Airport, shall refuse to produce for inspection at the request of the Director, designated Department employee or any law enforcement officer, a Department identification badge or the contents, or both, of any vehicle, bag, case, parcel, box or container of any kind in his possession. Where the entry into or departure from or attempt thereof is by means of a vehicle or motor vehicle, no person shall refuse to produce for inspection, after such request, a driver's license or Department vehicle permit. No person shall refuse to produce at the request of the Director, designated Department employee or any law enforcement officer any document in his possession relating to the ownership or possession of cargo or freight upon entering, leaving or being within the AOA or any restricted area. (Ord. No. 88-37, § 3, 5-3-88)
25-2.25
Jostling.
(a)
For the purpose of this section, the term "personal property" shall mean wallets, purses, briefcases, carry-on luggage, parcels and any other materials hand carried by a person in the Terminal Building.
(b)
A person shall be guilty of "Jostling" when, in a public place, the person intentionally and unnecessarily:
(1)
Places his or her hand in the proximity of a person's personal property; or
(2)
Jostles, blocks, crowds or distracts another person(s) at a time when a third person's hand(s) are in proximity of the second person's personal property. (Ord. No. 95-41, § 60, 3-7-95)
25-2.26
Enforcement.
(a)
All Department employees so designated by the Director shall be responsible for enforcement of all provisions of Chapter 25 of the Code and shall be deemed Code Inspectors under Chapter 8CC of this Code.
(b)
In addition to and not in lieu of the penalties provided by Section 25-1.7, any person who violates any provision of Chapter 25 shall be subject to the civil penalties provided by Chapter 8CC. In addition to the provisions of Chapter 8CC of this Code regarding enforcement of civil penalties, failure of any violator to make timely payment of the civil penalty under Chapter 8CC, or make a timely appeal thereof, may, if the violator is authorized to enter SIDA areas of the Airports, result in the revocation of the violator's SIDA access or driving privileges. A person whose SIDA access privileges have been revoked shall have the right to appeal the revocation decision to the Aviation Director or designee, in accordance with procedures established by the Aviation Department for appeals of revocation decisions. (Ord. No. 95-41, § 61, 3-7-95; Ord. No. 10-24, § 4, 4-6-10)