HomeMy WebLinkAbout2005-3476 Ordinance
ORDINANCE NO. 2005-3476
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82, ARTICLE
IV, DIVISION 3, THEREOF ENTITLED "NEWSRACKS" BY AMENDING
CITY CODE SECTION 82-176 ENTITLED "DEFINITIONS" BY ADDING
AND AMENDING CERTAIN DEFINITIONS; AMENDING SECTION 82-201
ENTITLED "NOTICE OF VIOLATION REQUEST FOR HEARING" BY
REDUCING THE TIME REQUIRED FOR NOTIFICATION AND
AMENDING THE METHOD OF NOTIFICATION; AMENDING SECTION
82-202 ENTITLED "REMOVAL AND STORAGE OF NEWSRACKS"
REDUCING THE TIME REQUIRED FOR NOTIFICATION AND TIME
AllOWED TO REQUEST A HEARING; AMENDING SECTION 82-204
ENTITLED "RELEASE OF STORED NEWSRACKS, STORAGE FEE,
INSPECTION FEE" BY AMENDING THE PROVISIONS FOR RETURN OF
STORED NEWSRACKS, AND AMENDING STORAGE FEES AND
REINSPECTION FEES; AMENDING SECTION 82-205 ENTITLED
"UNCLAIMED NEWSRACKS" BY REDUCING THE STORAGE TIME
REQUIRED PRIOR TO DISPOSING OF UNCLAIMED NEWSRACKS;
AMENDING SECTION 82-206 ENTITLED "ABANDONED NEWSRACKS"
AMENDING THE CRITERIA FOR ABANDONED NEWSRACKS AND
REDUCING THE TIME REQUIRED TO REMOVE ABANDONED
NEWSRACKS FROM THE RIGHT-OF-WAY; AMENDING SECTION 82-
207 ENTITLED "HEARINGS" AMENDING THE HEARING PROCESS;
AMENDING SECTION 82-208 ENTITLED "APPELLATE PROCEDURE
AFTER HEARINGS" AMENDING THE APPEllATE PROCESS;
AMENDING SECTION 82-231 ENTITLED "FEE lETTER OF
COMPLIANCE REQUIRED" MODIFYING THE PROCEDURES AND
FEES FOR REGISTERING NEWSRACKS; AMENDING SECTION 82-256
ENTITLED "MAINTENANCE AND INSTAllATION STANDARDS" BY
AMENDING RESTRICTIONS ON THE TYPE, SIZE, AND APPEARANCE
OF NEWSRACKS AND NEWSRACK STORAGE BOXES AND
SPECIFICATIONS FOR INSTALLING NEWSRACKS ON THE RIGHT OF
WAY; AND AMENDING SECTION 82-257 ENTITLED "PLACEMENT OF
NEWSRACKS" BY AMENDING RESTRICTIONS ON THE lOCATION OF
NEWSRACKS; PROVIDING FOR CODIFICATION; SEVERABILITY;
REPEALING All ORDINANCES IN CONFLICT THEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission recognizes the importance of a free press to our
democratic society; and
WHEREAS, the City Commission also recognizes that it has the responsibility to
safeguard and protect the public who use the public right-of-way, including the aged, the
infirm, and the handicapped citizens of the City; and
WHEREAS, the City Commission has taken steps to assure a reasonable balance
between traffic, pedestrian safety, and interests, and the interests of the distribution of
newspapers; and
WHEREAS, certain amendments to the regulations pertaining to newsracks are
required in order to be compliance with the aforestated effort; and
WHEREAS, the City Commission has determined that amendments to the City
newsrack ordinance will cause no undue burden on the publishing industry and will
promote safety on the public right-of-way, and improve the appearance and welfare of the
City;
NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA that Miami Beach City Code Chapter 82, "Public
Property," Article IV, "Uses in Public Rights-of-Way," Division 3, "Newsracks," Sections 82-
176, 82-201, 82-202, 82-204, 82-205, 82-206, 82-207, 82-208, 82-231, 82-256, and 82-
257, are hereby amended to read as follows:
Sec. 82-176. Definitions.
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"Department" shall mean the Public Works Department.
"Director" shall mean the Public Works Director.
"Public riohts-of-wav" shall mean any dedicated or undedicated public street,
hiohwav, sidewalk, parkway or allev located in the City of Miami Beach, Florida.
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Sec. 82-201. Notice of violation; request for hearing.
Except 3S provided in section 82 203, Wwhenever the city manager, or city m3n3ger's
designee, finds that a newsrack is in violation of this division, the city manager, or Gity.
m3n3ger's designee, shall send, bv certified mail, afl 3dvisory notice Notice of Violation
specifying the violation to the publisher responsible for the newsrack and to any person
whose name appears on the newsrack as provided in section 82-256. Additionallv, the
city manaoer, or desionee, will attempt to notify the publisher bv one or more of the
followino means: telephone, facsimile or electronic mail (e-mail) specifvino the violation.
If the viol3tion is not corrected within 15 d3Ys from the d3te of m3iling of the 3dvisory
notice the The city manager, or city m3n3ger's designee, shall cause a tag to be attached
to the newsrack specifying the date and nature of the violation. .r:., written notice of
viol3tion 3nd inform3tion reg3rding procedures for 3ppe31 from the finding of viol3tion sh311
there3fter be sent by certified m3il within three working d3Ys by the city m3n3ger, or city
m3n3ger's designee, to the registered publisher responsible for the newsr3ck 3nd to 3ny
person whose n3me 3ppe3rs on the newsr3ck 3S provided in section 82 256. The
publisher, or designee, shall, within +a Ldays from the date on which the notice of
violation was received or the tag was attached, which ever occurred first, either cause the
violation to be corrected or request a hearing pursuant to section 82-207. In the event the
newsrack in violation is not reoistered with the city and no information is available on the
newsrack that would allow contactino the publisher, the city manaoer, or desionee, will
direct that the newsrack be removed from the location and stored in accordance with
section 82-202 of this division while further attempts are made to contact the responsible
publisher.
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Sec. 82-202. Removal and storage of news racks.
(a). Any newsracks installed, used or maintained in violation of this division may, after
prior notices to the publisher as provided in section 82-201, be removed by the city
manager, or city m::m3ger's designee, and stored in a place convenient to the city
manager, or city manager's designee; except that a request for hearing pursuant to
section 82-207 filed within the 4-a Z day period shall stay removal pending the outcome of
the hearing and any subsequent judicial review. The stay shall expire when:
(1) A request for hearing has been withdrawn and the violations cited have not
been corrected;
(2) A hearing has resulted in a final determination that the violation specified on the
tag attached to such news rack has in fact occurred, and the publisher has
failed to correct such violation or seek judicial review of same within 30 days
from the date of determination; or
(3) When all judicial review is concluded, and the determination of violation has
been sustained and the publisher has failed to correct the violations in question
within JG 1Q days of the date of the last judicial determination.
(b) Notwithstanding any other provision of this division, when any newsrack poses an
imminent or immediate hazard to pedestrians, vehicles or property, the city manager, or
manager's designee shall attempt to give telephone notice to the publisher and afford the
publisher the opportunity to remove or otherwise relocate the newsrack. Where telephone
notice is not feasible or where the publisher fails to remove or relocate the newsrack
following the notice, the city manager, or city m3n3ger's designee, may remove or relocate
the newsrack immediatelv. The newsrack may be stored as provided in Section 82-202 of
this section, and notice shall be provided to the publisher in accordance with section 82-
203. A newsrack shall be deemed a hazard when its installation, use or maintenance
endangers the safety of persons or property.
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Sec. 82-204. Release of stored news racks, storage fee; inspection fee.
(a) Any news rack, together with its contents, which has been stored pursuant to section
82-203, shall be returned to the publisher:
(1) Upon receipt by the city manager, or designee, of a removal fee of $50.00 and
a storage fee of $5.00 per day paid by the publisher; or
(2) Upon filing of a request for hearing pursuant to section 82-207 accompanied by
a deposit of a $50.00 removal and storage fee to be held by the city manager,
or city m3n3ger's designee, which fee shall be returned to the publisher upon a
determination by the spoci31 master city manaqer, or desiqnee after a hearing
pursuant to section 82-207 or by a court upon judicial review that the news rack
should not have been removed.
(b) The city manager, or designee, shall re-inspect the corrected condition of any
newsrack reinstalled after release under this section. The publisher shall pay an inspection
fee of $10.00 $25.00 for the re-inspection, except that no inspection fee shall be imposed
for any newsrack reinstalled pursuant to subsection (a) (2) of this section where the
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speci:31 m:3stor city manaqer, or desiqnee, or a court has determined that the newsrack
should not have been removed.
Sec. 82-205. Unclaimed newsracks.
When a newsrack stored pursuant to section 82-202 has not been claimed by its publisher
pursuant to section 82-204 within Q.O 60 days of the date of storage and when no hearing
has been requested by the publisher pursuant to section 82-207, the newsrack shall be
regarded as unclaimed property in the hands of the city and may be disposed of as
provided by law.
Sec. 82-206. Abandoned newsracks.
A newsrack shall be deemed abandoned when it does not contain the publication specified
therefor within 48 hours after release of the current issue or when no publication is in the
newsrack for more than seven consecutive days. When any newsrack has been
abandoned on public property in the city, the city manager, or city m:3n:3ger's designee,
shall attempt to notify the publisher by certified mail and by telephone and afford the
publisher the opportunity to remove the newsrack, to resume distribution, or to show
reasonable cause therefor~. Where the publisher is unknown or where the publisher has
failed to resume distribution, remove the newsrack or show reasonable cause therefor~
within ~ 7 days of receipt of certified notice, the city manager, or city m:3n:3ger's
designee, may remove and store the newsrack as provided by section 82-202. The
publisher, if identifiable, shall receive notice of removal and storage as provided in section
82-203 and may regain possession of the newsrack pursuant to section 82-204. If a
newsrack removed and stored pursuant to this section is not claimed within Q.O 60 days of
the date of storage, the city manager, or city m:3n:3ger's designee, m:3Y request :3 he:3ring
pursu:3nt to section 82 207 for the purpose of domonstr:3ting th:3t the newsr:3ck W:3S
3b:3ndoned on public property. Upon determin:3tion by the spoci:31 m:3ster or :3 court upon
judici31 revie'N, if :3ny, th:3t the ne'Nsr:3ck h:3S been :3b:3ndonod on public property, the City
m:3n:3ger, or designeo, may dispose of the newsrack as provided in F.S. ~ 705.103.
Sec. 82-207. Hearings.
(a) Hearina when permittee fails to complv with notice or when reauested bv aaarieved
applicant/permittee. If a permittee fails to complv with any notice issued as provided in
section 82-201, in addition to or as an alternative to any of the forqoinq remedies, the city
manaqer, or desiqnee, may issue an order in writinq to the permittee. bv certified mail or
hand delivery, notifvinq him to appear at an administrative hearinq before the city
manaqer, or desiqnee, to be held at a time to be fixed in such order, which date shall be
not less than five days after service thereof. An administrative hearinq may also be
requested bv an applicant/permittee aqqrieved bv a decision of the Director reqardinq
denial of a permit. determination of fees/penalties due and/or warninq of potential
suspension/revocation for violation of a provision of this article. The request must be in
writinq and filed in the city manaqer's office within ten days of receipt of the decision of the
Director. The request must specify the decision complained of and the nature of the
applicant's/permittee's qrievance and must be accompanied bv a fee as specified in
appendix A to defray expenses of the hearinq. The fee will be refunded if the
applicant/permittee prevails in the appeal.
(3) Request for he::1.'"ings. Any publisher m3Y file :3 v.'ritten request 'A'ith tho City M::m:3gor
or City M:3n:3ger's designee for :3 he:3ring for tho purposo of demonstr:3ting th:3t :3 ne'llsr3ck
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should not ha'.'e been removed or stored, or that a violation as specified on the tag
attached to a newsrack pursuant to section 82 201 has not occurred.
(b) Notlco of h03....ing. Upon receipt of a request for hearing, the City Manager or City
Manager's designee shall set the cause for hearing at the next scheduled hearing of the
special master and shall send notice to the publisher by certified mail of the date, time and
place of the hearing. The hearing shall occur no Iator than 45 working days from the date
on \A.'hich the City Manager or City Manager's designee receives the request f-or hearing.
iQl ~ Conduct of hearing. At the time set for such hearing, the special master shall
receive all evidence relevant to the occurrence or nonoccurrence of the specified violation,
compliance or noncompliance with any of the provisions of this division, and other rele'.'ant
information. Such hearing need not be conducted according to formal rules of evidence,
but fundamontal due process shall be observed. The publisher of the ne'.\'srack in question
shall be afforded the opportunity to The city manaQer. or desiQnee. shall Qive written notice
of the time and place of the hearinQ to the applicant/permittee by certified mail or hand
delivery and to the city attorney's office.
(1) The proceedinQs shall be informal but shall afford the applicant/permittee the
riQht to testify in his or her defense. present witnesses. be represented by leQal
counsel. submit relevant evidence. cross examine witnesses and obiect to
evidence.
(2) The proceedinQs shall be recorded and minutes kept by the city. Any
applicanUpermittee reQuirinQ verbatim minutes for iudicial review may arranQe
for the services of a court reporter at his or her expense.
(3) Within ten days of the close of the hearinQ. the city manaQer. or desiQnee. shall
render a decision in writinQ determininQ whether or not the license shall be
revoked or suspended or denied. or other action taken or continued. as the
case may be. and statinQ reasons and findinQs of fact.
(4) The city manaQer. or desiQnee. shall file findinQs with the city clerk and shall
send a true and correct COpy of the order by certified mail. return receipt
requested. or by hand delivery. to the business address listed on the request
for hearinQ or to any such other address as the applicanUpermittee shall
desiQnate in writinQ.
(1) Present testimony ::md evidenco on his behalf;
(2) Cross examine 'Nitnesses; and
(3) Be represented by counsel at his O'Nn expense.
All testimony shall be under oath and recorded.
(d) Docision 3fto.... h03....ing. At the conclusion of tho hearing, the special master shall
determine, from the bcts adducod at the hearing, whether the ne'Nsrack should have been
tagged and/or stored, and whether tho publisher of the newsrack shall be required to pay
the remo'.'al, storage and inspoction fees as specified in section 82 20'1 and appendix A.
The decision of the special master shall be in 'Nriting and shall contain findings of fact, a
determination of tho issues presented, and an order specifying whether the removal and
storage f-ee and inspection fee are to be imposed.
(e) Notico of dooision. The department shall promptly send to the publisher, by first class
mail, a copy of the special master's decision and order.
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Sec. 82-208. Appellate procedure after hearings.
The publisher ::md the City Man3ger or City M3n3ger's designee may seek such judicial
review of the order of the speci31 m3ster city manaQer, or desiQnee. as provided by law.
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Sec. 82-231. Fee, letter of compliance required. Permit. Fee Application reauired.
(a) Any publisher who installs or maintains a newsrack that in whole or in part rests
upon, in or over any dedicated sidewalk or parkway within the city shall register the
newsrack with the city manager or city m3n3ger's designee prior to the installation of the
news rack.
(b) At the time of registration each publisher shall file the following with the city manager
or city m3n3ger's designee:
(1) A completed application form and hold harmless agreement as provided by the
city manager or city m3n3ger's designee, stating the publisher's name,
address, phone number, facsimile phone number, newsrack distribution
manager's name, requested location of the newsrack, dimensional drawing
(sketch) or a minimum of two photoQraphs from 90 deQree anQles, of location,
and type of newsrack requested to be installed, maintained or operated in the
city by the publisher identifying, when possible, each particular newsrack by
serial number or other appropriate means;
(2) A letter of compliance from the publisher certifying that the publisher's newsracks
and their locations conform to the provisions of this division; and
(3) The following fees shall applv:
a. A one-time f38FFR# reQistration fee of $50.00 $75.00 shall be required for
each newspaper publisher to defray costs of administering this division.
b. ,l\n 3ddition31 non rooccurring A non-refundable permit fee of $15.00
$35.00 per newsrack is to be paid by the publisher at the time of tAe ffiitial
registr3tion application and at the time of annual renewal of that particular
news rack to defray costs of inspection of the newsrack.
c. A change in location of any newsrack during outside of the annual
registration period may be made so long as the publisher obtains prior
approval of the new location from the city manager, or designee, and the
change does not result in a violation of this division; there shall be a $25.00
re-inspection fee per newsrack for any location change. Forms for
registering a change in location of any newsrack shall be furnished upon
the publisher's request by the city manager, or city m3nager's designee.
d. Fees and charQes for services in processinQ an application for permits
will not be prorated.
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e. Locations for newsracks are permitted or reoistered bv the respective
publisher. When a publication is no lonoer in print, the publisher may
replace that publication with another product. However, the same
publication cannot be in newsracks located within 60 feet of each other.
Publishers must notify the city manaoer, or desionee, in writino, when
abandonino a newsrack location.
f. Denial of permit. If a permit for the newsrack location applied for is
denied, the publisher shall be notified within 3 workino days of the city's
denial. The applicant may applv for an alternative location within 30 days of
a denial at no additional permit fee.
9..:. Additional permits. If at any time after initial application for a permit, a
publisher wishes to install additional newsracks, then subsections (a), (b)
and (c) are to be repeated in accordance with the provisions of this division.
Additional permit fees shall be in accordance with subsection (d).
h. Appeals. Anv publisher who has been denied a permit pursuant to the
provisions of this division may appeal bv Wino a written request to the
Director. The publisher will be notified within 10 calendar days of the
Director's decision. The decision of the Director may be appealed bv
requestino an administrative hearino as provided in section 82-207.
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Sec. 82-256. Maintenance and installation standards.
Each newsrack installed, used or maintained in a public right-of-way within the city shall
comply with the following standards:
(1) Dimensions and type. Newsracks shall be 36 inches in height, with an
additional 13 inches allowed for a coin-box attachment, 20 inches in width, and 20
inches in depth. The dimensions of any newspaper storage box shall not exceed
36 inches in height, 20 inches in width, and 20 inches in depth.
(2) Label. Newsracks shall carry no card holders or advertising, but may display
the name, with lettering and background of any colors, of the newspaper being
dispensed.
(3) Weight. The tot:11 weight of tho nO'.\'sr:1ck :1nd any 'Neighing device sh:111 not
be loss th:1n 125 pounds. In the event of the issu:1nco of :1 hurric:1ne 'N:1rning by
:1ny entity with jurisdiction to issue such :1 'J.':1rning, the newsr:1ck sh:111 be removed
by the publisher or laid do'..m :1nd secured to :1 non mov:1ble fixture or structure.
~) @l Free newspapers. Newsracks for free newspapers may omit the coin box
and may have the pull bar welded to the door to produce an honor rack.
fa) ~Condition. Each news rack shall be maintained in good repair and
reasonably neat and clean condition at all times so th:1t. The news rack shall
conform to the followino standards:
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a. It is re3son3bly free of dirt, gre3se, graffiti, 3nd stickers. The newsrack
shall be constructed of Qalvanized steel with corrosive resistant hardware
and door assembly. Manufacturer's modifications to the door, window and
cabinetry for the above-described news racks to accommodate vertically
formatted, "tabloid type" newspaper displays and distribution are
acceptable. The shape of all newsracks shall be hexahedron/rectanQular.
No pedestal newsracks will be allowed.
b. It is p3inted and re3son3bly free of chipped, f3ded, peeling 3nd cracked
f}affit. The color of the entire newsrack includinQ coin box and mountinQ
hardware shall be painted a dark Qreen with a powder finish consistent with
the paint sample provided by the Public Works Department.
c. It is re3son3bly free of rust 3nd corrosion in any unp3inted met31 3re3.
Newsracks shall carry no card holders or advertisinQ. but a clinQ-on sticker
or equivalent may be placed within a four-inch square area of the inside
lower left hand corner of the clear plastic viewinQ panel of the access door
for the purpose of promotinQ particular features or offerinQs inside the
current publication. This sticker shall be applied only durinQ the period of
time that is relevant to the current publication distribution and it shall be the
responsibility of the publisher to remove the sticker when no 10nQer
applicable. Furthermore. newsracks may display the name, with letterinQ of
any color. of the newspaper beinQ dispensed. in spaces, locations and
sizes set forth below:
(i) On the front. back and sides of the news rack. the letterinQ size
shall not exceed four inches in heiQht. The letterinQ shall be placed
within a clear or colored-band space not exceedinQ two and one-half
inches in heiQht above the door hinQe.
(ii) On the back and sides of the newsrack, the letterinQ shall be
placed one inch from the top of the newsrack.
d. Newsracks shall be reasonably free of rust and corrosion. The plastic or
Qlass parts thereof, if any, shall be unbroken and reasonably free of cracks.
dents, and discoloration.
fat The p3per or c3rdboard p3rts thoreof, if 3ny, 3re re3sonably free of
te3rs, peeling or f3ding.
f. ~ The structural parts thereof shall not be broken or unduly
misshapen.
fu f. Any coin-return mechanism and other mechanical parts afe shall be
in proper working order.
(6) Effective date. Ne All newsrack~ installed prior to the effective date of this
division shall fa.i.l-.te comply with this SYbsection (1) 3S of six within 12 months of the
effective date of this division, or amendments thereto.
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(7) The followinq standards shall be applicable to the mountinq of newsracks on
concrete surfaces:
(a) The base of the newsrack shall be mounted on two ilL" shaped steel
brackets. seven sixty/fourths inch thick. and one and one quarter inch hiqh
and wide. with a depth equal to the depth of the newsrack. One hole shall
be at each corner of the steel bracket for insertinq of an anchor or bolt.
(b) Each steel bracket shall be attached to the sides of the news rack
base with a minimum of two metal non-corrosive anchors.
(c) To anchor the steel bracket to the concrete surface. four.
three/eiqhts inch diameter drop-in anchors. one and five/eiqhts inch
minimum embedment with tops flush with the concrete surface will be used.
(d) Four. three/eiqhts inch diameter qalvanized anchor bolts. one inch
minimum lenqth shall be used to secure the brackets to the concrete. The
bolts shall be used to firmly secure the steel brackets to the drop-in
anchors.
(e) Steel brackets and bolt heads shall be painted to match the
newsrack color and finish.
(f) The installed newsrack shall be plumb.
(8) The followinq standards shall be applicable to the mountinq of newsracks
on qrass, dirt, qravel or like areas:
(a) Foundation will be of concrete minimum of four-inches deep. 2,500
PSI. 28 day strenqth, class I mix reinforced with welded wire mesh.
(b) Minimum distance from vertical side of the news rack to the nearest
concrete edqe shall be three inches.
(c) There will be a one/half inch chamfer on all concrete edqes.
(d) Anchor to concrete foundation will be as per paraqraph 7(c) of this
section.
(e) Concrete base installed by publisher shall become the property of
the City and remain in place notwithstandinq the removal of the
newsrack(s) in accordance with the provisions of this division.
Sec. 82-257. Placement of newsracks.
(a) All news racks placed, maintained or operated within a public right-of-way in the City
shall conform to the standards specified in subsections (b) (e) at this section.
(b) Newsracks shall only be situated at the rear of a sidewalk, near a curb, adjacent to
the wall of a building, or at another location approved by the city manager, or eity
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m::m3ger's designee. A minimum sidewalk space of three feet shall remain clear in front of
the newsracks. The Public Works Department will determine whether a sidewalk is wide
enouoh to accommodate newsracks and the number of newsracks for a location with a
limit of 7 newsracks (12 linear feet) allowed at any specific location. If a newsrack is
placed near a curb, the back of the news rack shall be situated so as not to constitute a
hazard to either pedestrians or vehicles traveling the road or parking alongside of the
sidewalk. If the newsrack is placed adjacent to the wall of a building, the back of the
newsrack shall be situated parallel to and as close as possible to the wall.
(1) Newsracks placed in a orass, dirt, oravel. or like area must be secured to
concrete foundations, as required bv this division. Notwithstandino the foreooino,
newsracks may not be chained or otherwise tied to any poles, trees or other
structures under any circumstances.
(c) No person shall install, use or maintain any newsrack:
(1) Within five feet of any marked or unmarked crosswalk;
(2) Within five feet of any curb return;
(3) Within ten feet of any fire hydrant, fire-call box or other emergency facility;
(4) Within three feet of any bus bench;
(5) Within ten feet of any advertisement panel. includino those located on a transit
shelter, except that newsracks may be located within transit shelters with the
expressed written approval of the public works department;
(6) Within tRfee five feet of utility, traffic, or street light poles, mailboxes, parking
meters, or other objects legally permitted;
(7) Within five feet of any area improved with lawn, flowers, shrubs or trees within
the public rights-of-way;
(8) Within fetH= five feet of any driveway; eF and
(9) Where placement unreasonably interferes with or impedes the flow of vehicular
or pedestrian traffic, but in no event at any location where the clear space for
the passageway of pedestrians is reduced thereby to less than three feet;
(d) No more than eight feet of seven Z newsracks (twelve linear feet) may be placed at
anyone location; these newsracks may must be placed immediately adjacent to each
other in a horizontal line or in 3nother configuration th3t does not viol3te 3ny other
provision of this ch3ptor. Individual newsracks or newsrack groups placed at locations
other than corners shall be located mid-block and at least 60 feet from corners. Newsracks
located at intersections will onlv be placed on two diaoonallv opposinQ corners.
(e) Newsracks containino the same publication shall not be placed within 60 feet of
each other, or in the same oroupino of news racks at any location.
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fet ill Notwithstanding the provisions of subsoctions (b) (d) this section, if the limitations
on newsracks impairs the ability of a publisher to distribute a publication through
newsracks to members of the public who have expressed written desire to receive that
publication at a particular location, and there is no alternate location available for a
newsrack under this division reasonably accessible to the members of the public, the city
manager, or designee, shall, where the public safety will not be impaired, permit that
publisher to place ~ newsracks at that location.
~,(g} Where a news rack installed prior to the effective date of this division, or
amendments thereto, does not comply with one or more of the requirements of this
section, and where the publisher responsible for that newsrack wants to retain the
newsrack in the same location, the publisher may request permission to retain that
location from the Director city m::m3ger or city m3n3ger's designee. The Director Gfty
m3n3ger or city m3n3ger's designee shall grant the publisher's request if retaining the
location in question is consistent with the purpose and intent of this division and does not
present a danger to persons or property. Any publisher aggrieved by the decision of the
Director city m3n3ger or city m3n3ger's designee, may appeal the decision to the speci31
m3ster. city manaqer as provided for in section 82-207.
fg) .Lb.l Notwithstanding any other section of this division, no publisher shall install, use
or maintain any newsrack where its placement endangers the safety of persons or
property.
SECTION 2. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 3. SEVERABILITY
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way
affect the validity of the remaining portions of this ordinance.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach,
and it is hereby ordained that the provisions of this ordinance shall become and be made a
part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may
be renumbered or relettered to accomplish such intention, and the word "ordinance" may
be changed to "section", "article," or other appropriate word.
11
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect ten days after adoption.
PASSED and ADOPTED this 23rd day of
ATTEST:
lLi~t P CIA. ~
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~.
z/; ~/ 0)
Date
Ordinance approved on first reading on January 12, 2005.
Ordinance approved on second reading on February 23. 2005
Ordinance No. 2005-3476
T:\AGENDA\2005\Feb2305\Regular\Newsrack Ordinance Revisions FINAL.rev.doc
12
CITY OF MIAMf BEACH
COMMISSION ITEM SUMMARY
m
Condensed Title:
An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, amending Article IV,
Division 3, Chapter 82 of the City Code entitled "Newsracks".
Issue:
I Shall the City Commission amend the City Code regulating the permitting, installation and maintenance of
newsracks?
Item Summary/Recommendation:
If not regulated properly, news racks can create a multitude of problems such as obstruction of pedestrian
walkways, inconsistent appearance, abandoned and/or excessive newsracks, as well as unsecured
newsracks The City of Miami Beach has experienced a period of explosive growth in the number of
permitted and un-permitted newsracks which fosters these conditions. The current ordinance does not
allow for timely enforcement, detailed installation requirements or a fee structure sufficient to support
administration of the newsrack program.
The Public Works Department has been working for many months, in committee, with citizens, staff and
the publishing industry, to revise the existing ordinance. Eight committee meetings and two meetings with
all the publishers doing business in Miami Beach were held to develop and discuss the proposed ordinance
revisions. Special efforts were made to keep all concerned aware of what was occurring. In the end,
consensus was reached on the revisions to the ordinance. Significant changes such as density, color,
placement and fees were discussed by the Neighborhood/Community Affairs Committee on September 29,
2004 and again on November 3,2004.
On January 12, 2005 this item was approved on First Reading, and a Second Reading, Public Hearing was
scheduled. Between the first and second readings, the City Attorney reviewed and incorporated several
minor drafting and typographical changes that were not substantive in nature.
The Administration recommends adopting the Ordinance.
Advisory Board Recommendation:
I N/A
Financial Information:
Amount to be expended:
Source of Amount Ac.count Approved
Funds: 1
D 2
3
4
Total
Cit Clerk's Office le islative Trackin
Bob Halfhill, Public Works, 6833
Si n-Offs:
Department Dir
City Manager
AGENDA ITEM
DATE
RS-C
;2. -J.3-oS-
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
m
To:
From:
Subject:
COMMISSION MEMORANDUM
Mayor David Dermer and
Members of the City Commission
Date: February 23, 2005
Jorge M. Gonzalez ~ SECOND READING
City Manager ~"..- 0 PUBLIC HEARING
AN ORDINANCE /J THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING SECTION 82, DIVISION 3, THEREOF ENTITLED
"NEWSRACKS"; AMENDING SECTION 82-176 ENTITLED "DEFINITIONS" BY
ADDING AND AMENDING CERTAIN DEFINITIONS; AMENDING SECTION 82-201
ENTITLED "NOTICE OF VIOLATION REQUEST FOR HEARING" BY REDUCING THE
TIME REQUIRED FOR NOTIFICATION AND AMENDING THE METHOD OF
NOTIFICATION; AMENDING SECTION 82-202 ENTITLED "REMOVAL AND
STORAGE OF NEWSRACKS" REDUCING THE TIME REQUIRED FOR
NOTIFICATION AND TIME ALLOWED TO REQUEST A HEARING; AMENDING
SECTION 82-204 ENTITLED "RELEASE OF STORED NEWSRACKS, STORAGE
FEE, INSPECTION FEE" BY AMENDING THE PROVISIONS FOR RETURN OF
STORED NEWSRACKS, AND AMENDING STORAGE FEES AND REINSPECTION
FEES; AMENDING SECTION 82-205 ENTITLED "UNCLAIMED NEWSRACKS" BY
REDUCING THE STORAGE TIME REQUIRED PRIOR TO DISPOSING OF
UNCLAIMED NEWSRACKS; AMENDING SECTION 82-206 ENTITLED" ABANDONED
NEWSRACKS" AMENDING THE CRITERIA FOR ABANDONED NEWSRACKS AND
REDUCING THE TIME REQUIRED TO REMOVE ABANDONED NEWSRACKS FROM
THE RIGHT-OF-WAY; AMENDING SECTION 82-207 ENTITLED "HEARINGS"
AMENDING THE HEARING PROCESS; AMENDING SECTION 82-208 ENTITLED
"APPELLATE PROCEDURES AFTER HEARINGS" AMENDING THE APPELLATE
PROCESS; AMENDING SECTION 82-231 ENTITLED "FEE lETTER OF
COMPLIANCE REQUIRED" MODIFYING THE PROCEDURES AND FEES FOR
REGISTERING NEWSRACKS; AMENDING SECTION 82-256 ENTITLED
"MAINTENANCE AND INSTAllATION STANDARDS" BY AMENDING
RESTRICTIONS ON THE TYPE, SIZE, AND APPEARANCE OF NEWSRACKS AND
NEWSRACK STORAGE BOXES AND SPECIFICATIONS FOR INSTALLING
NEWSRACKS ON THE RIGHT OF WAY; AND AMENDING SECTION 82-257
ENTITLED "PLACEMENT OF NEWSRACKS" BY AMENDING RESTRICTIONS ON
THE lOCATION OF NEWSRACKS; PROVIDING FOR CODIFICATION;
SEVERABILITY; REPEALING ALL ORDINANCE IN CONFLICT THEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
BACKGROUND
The publishing industry is an important industry to the City. It can proYide a great benefit or,
if not regulated properly, create a multitude of problems such as obstruction of pedestrian
walkways, inconsistent appearance, abandoned and/or excessive newsracks, as well as
unsecured newsracks. The City of Miami Beach has experienced a period of explosiye
growth in the number of permitted and u!1-permitted newsracks which fosters these
conditions. The current ordinance does not allow for timely enforcement, detailed
installation requirements or a fee structure sufficient to support administration of the
program.
The Public Works Department has been working for many months, in committee, with City
staff, citizens and representatiYes of the publishing industry, to reyise the existing
ordinance. The newsrack committee experienced an eyer changing membership and
attendance, but usually consisted of at least four representatives ofthe publishing industry,
at least two citizens, and City staff. Members of the publishing industry and City staff with
experience and expertise were inyited to attend to discuss specific aspects of the
ordinance. At each of the meetings, significant discussion between staff and the
participants occurred. The meetings resulted in a number of changes to the original
yersion of the ordinance to address the yarious concerns raised by the industry and other
participants and the end document is one which each of the parties finds acceptable.
The newsrack committee met eight times during the development of the ordinance revision.
These meetings addressed each section of the existing newsrack ordinance and whether it
should remain unchanged or revised. All publishers with newsracks registered with the
City were invited to a meeting in May 2004 to discuss the proposed reyisions to the
ordinance. A second meeting was held in August 2004 with all ofthe publishers for further
discussion of the reYisions, and to address the option of installing modular newsracks. The
modular newsrack concept was discussed at length, with a presentation by Clear Channel
Communications. The paid daily newspapers objected to the modular concept citing
concerns oyer maintenance and availability.
The newsrack committee is in agreement to the reyisions being proposed. These revisions
include:
- Improyed Definitions
- Improyed Enforcement
- Defined Placement and Location Standards
- Increased Fees
- Defined Newspaper Rack Standards
- Defined Installation Standards
The draft ordinance was discussed at the September 29, 2004 meeting of the
Neighborhood/Community Affairs Committee, and at a follow-up meeting on Noyember 3,
2004. Significant amendments to the ordinance such as fees, removal authority, density
and standardization were discussed. The publishing industry representatiYes voiced their
concerns with the modular newsrack concept and expressed their support for the
ordinance revisions. The Neighborhood/Community Affairs Committee recommended
removing the option for modular newsracks from the ordinance reYision, but retained the
option to reconsider modular newsracks in the future.
The primary points agreed upon by the Neighborhood/Community Affairs Committee were:
Density:
Maximum of 7 newsracks (12 linear feet) at any location. Intersections will
be limited to 7 newsracks on two opposing diagonal corners. Each
location will be inspected by the Public Works Department to determine
the appropriate number in accordance with the ordinance criteria.
Locations with newsracks that exceed the maximum number allowed will
be reduced based upon date of existing permit and in coordination with
the publishers
The placement of newsracks will not interfere with, or impede the flow of
vehicular or pedestrian traffic and in no event will be placed where the
clear space for passageway of pedestrians is reduced thereby to less
than three feet.
Installation: All newsracks will be bolted to the surface. The Public Works Department
will inspect each permitted location for proper installation.
All newsracks will be painted a uniform green matching the existing street
furniture. Adyertising will be limited to the publication name and items of
interest in the current edition
Color:
Fees:
Administration of the Newsrack Program inyolyes field inspection, site
plan reyiew and application processing. The following fees are proposed.
A one time registration fee
Permit application fee per newsrack
Annual permit renewal fee per newsrack
Inspection fee for any location change
Newsrack remoyal fee
Daily storage fee for removed news rack
Re-inspection Fee for newsracks in yiolation
ExistinQ
$50.00
$15.00
$25.00
$50.00
$5.00
$10.00
Enforcement (Days Required)
AdYisory Notice
Notice of Violation
Abandoned Newsrack
Storage Requirement before disposal
Existinq
15
15
15
90
Proposed
$75.00
$35.00
$35.00
$25.00
$50.00
$5.00
$25.00
Proposed
N/A
7
10
60
The publishing industry is an important industry to the City. Their participation in reYising this
ordinance has resulted in a proposed revision that can be enforced to the benefit of the City as
well as the industry. On January 12, 2005 this item was approyed on First Reading, and a
Second Reading, Public Hearing was scheduled. Between the first and second readings the City
Attorney reviewed and incorporated seyeral minor drafting and typographical changes that are
not substantive in nature.
T:\AGENDA\2005\Feb0205\Regular\Newsrack Ordinance Memo,doc