§ 28A-13. Personal conduct.
28A-13.1. Handbills.
(a)
No person shall distribute, exhibit or post any commercial handbills, circulars, leaflets of similar material on port property.
(b)
No person shall throw any handbills, circulars, leaflets or similar material onto the port, port roads, rights-of-way, streets or sidewalks.
(c)
Except as may be permitted pursuant to subsection 28A-13.2 hereof, distribution of noncommercial handbills, circulars, leaflets or similar material may be conducted only upon port public roads, rights-of-way, streets or sidewalks, in accordance with reasonable procedures established by the Department. (Ord. No. 97-161, § 1, 9-23-97)
28A-13.2. 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 port. No person shall conduct or participate in any speechmaking, distributing of pamphlets, books or other written or graphic materials upon port property or within its facilities without having delivered a written notice to the Department of their 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 port 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 port facility desired for the proposed activity and the maximum number of persons proposing to participate therein at any one 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)
To the extent permitted by law, the Director shall have the authority to prescribe from time to time content neutral restrictions applicable to First Amendment activities at the port. 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 on port property, 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 port facilities by the public.
(e)
Persons having given such written notice to the Director as provided in Section 28A-13.2(a) shall be permitted to conduct their activities in or upon the public areas of the port, 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) days of the Director's receipt of the applicant's notice.
(f)
If the Director notifies the applicant that their application is denied, the County Attorney's office may 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.
(g)
No persons, 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 cruiseline, concession or washroom facilities or premises, including, but not limited to, passenger terminals, escalators and elevators, nor shall such person in any manner assail, coerce, threaten or physically disturb any member of the public, County, cruiseline 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.
(h)
No person, while engaging in the activities provided for herein, shall affix any matter, written or graphic, to any port structure or facility, nor shall any such matter be left unattended at any location at the port except in baggage lockers for a period not exceeding twenty-four (24) hours upon payment of the prevailing fee.
(i)
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 port, shipping or traffic accidents, riots or civil commotion, power failures, hurricanes, or other conditions tending to disrupt the normal operation of the port.
(j)
All persons engaged in activities permitted under Section 28A-13.2 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. 97-161, § 1, 9-23-97)
28A-13.3. 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 port;
(b)
Injure, deface, remove, destroy or disturb the trees, flowers, shrubs, or other vegetation on the port;
(c)
Walk, drive or park on a posted lawn or seeded area of the port; or
(d)
Willfully abandon any personal property on the port.
Any person who causes damage to port property shall be held liable for such damage. (Ord. No. 97-161, § 1, 9-23-97)
28A-13.4. Entry to restricted areas. No person shall enter any restricted area of a port except;
(a)
Persons who enter in accordance with security clearance pursuant to the security program established or authorized by the Department; or
(b)
Persons assigned duties on a restricted area of the port 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 government department or agency, having proper business thereon and bearing proper identification as approved and required herein. (Ord. No. 97-161, § 1, 9-23-97)
28A-13.5. 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. 97-161, § 1, 9-23-97)
28A-13.6. Use and enjoyment of port premises.
(a)
Not to be obstructed. Save and except in the area of cargo operations and in restricted areas, 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 use and enjoyment of the port and its facilities or any part thereof, or seek to obstruct, delay, or unreasonably interfere with the passage of any other person or persons from place to place, or through entrances, exits or passageways on the port.
(b)
Vehicles. No person shall use, ride or drive a unicycle, a go-cart, roller skates, roller blades, skateboards or similar vehicle on or at the port, and no person shall drive a motor vehicle or ride a bicycle upon any area of the port made available to the public other than on roads, walks, or rights-of-way provided for such purpose.
(c)
(i)
No person, unless authorized by lease, operational directive, or otherwise, shall use, operate, drive or ride a boat, canoe, jet-skis, water scooter or other water vehicle whether motorized or not within one hundred (100) feet of any Seaport bulkhead line, within two hundred (200) feet of any Seaport berthing area occupied by a vessel, within five hundred (500) feet of the bow and one hundred (100) feet of the port side, starboard side and stern of a commercial cruise ship, tanker, barge, ferry or freighter that is underway and making way upon the channels of the Port of Miami, or in any manner that constitutes a hazard to safe navigation. Excluded from this restriction are water vehicles used by a governmental agency for official purposes in such waterway or body of water.
(ii)
Any person, corporation, partnership, limited partnership, association or other business entity which is convicted of violating this sub-section shall be punished by a fine not to exceed five hundred ($500) dollars or by imprisonment in the County jail for not more than thirty (30) days or by both such fine and imprisonment.
(iii)
This sub-section shall be enforced by the Miami-Dade Police Department and by the police forces with jurisdiction over the Seaport.
(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 any cruise terminal building or on the cruise 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. 97-161, § 1, 9-23-97; Ord. No. 00-75, § 1, 6-6-00)
28A-13.7. Picketing.
(a)
Lawful picketing, marching or demonstrations on the port may be conducted only upon port 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 a restricted area or cruise terminal building at the Seaport of Miami.
(c)
Chapter 28A shall not be construed to limit in any way any rights granted or derived from any other statute or any law guaranteeing employees the right to organize in labor organizations, bargain collectively themselves or through labor organizations or other representatives of their choice. (Ord. No. 97-161, § 1, 9-23-97; Ord. No. 98-78, § 10, 6-2-98)
28A-13.8. Prohibited conduct. It shall be unlawful for any person to remain in or on any area, place or facility at the port, 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. 97-161, § 1, 9-23-97)
28A-13.9. 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 the port, 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 port or on any floor, wall, partition, furniture, or any other part of a public comfort station, terminal building, or other building on the port, 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, or other building on the port. (Ord. No. 97-161, § 1, 9-23-97)
28A-13.10. Intoxication.
(a)
No person shall drink any intoxicating liquors upon any portion of the port open to the public, except in special service lounges or club rooms 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 on the port. (Ord. No. 97-161, § 1, 9-23-97)
28A-13.11. 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 the port, 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. 97-161, § 1, 9-23-97)
28A-13.12. 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 who is accompanied by a trained dog used for law enforcement purposes under the control of an authorized law enforcement officer, shall enter the cruise terminal building with a domestic animal, unless such animal is to be or has been transported by sea and is kept restrained by a leash or otherwise confined so as to be completely under control.
(b)
No person except law enforcement personnel using a dog trained for law enforcement purposes, shall enter any part of the port, 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 sea travel. No person shall bring, carry or deliver any wild animal under his control or custody into the cruise terminal buildings of the port, without having first obtained a permit from the Department.
(c)
Except for animals that are to be or have been transported by sea and are properly confined for sea travel, no person shall permit any wild animal under his control or custody to enter the port.
(d)
No person other than in the conduct of an official act shall hunt, pursue, trap, catch, injure, or kill any animal on the port.
(e)
No person except law enforcement personnel shall ride horseback on the port 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 port 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 port. (Ord. No. 97-161, § 1, 9-23-97; Ord. No. 98-78, § 10, 6-2-98)
28A-13.13. Lost articles. Any person finding lost articles at the port shall immediately deposit them with an authorized representative of the Department. Articles unclaimed by their proper owner within three (3) months 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 shipping or other port tenants to maintain "lost and found" services for property of their passengers, customers, 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. 97-161, § 1, 9-23-97)
28A-13.14. False reports or threats. No person shall make any threat involving shipping or any facilities or operations at or on the port or false report regarding the conduct of operations at or use of the port. (Ord. No. 97-161, § 1, 9-23-97)
28A-13.15. 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. 97-161, § 1, 9-23-97)