HomeMy WebLinkAbout2006-3502 OrdinanceORDINANCE NO. 2006-3502
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 82-201
ENTITLED "NOTICE OF VIOLATION REQUEST FOR HEARING"
BY AUTHORIZING THE CITY MANAGER, OR DESIGNEE TO
IMMEDIATELY REMOVE A NON-PERMITTED NEWSRACK
BELONGING TO AN UNREGISTERED PUBLISHER; AMENDING
SECTION 82-231 ENTITLED "FEE LETTER OF COMPLIANCE
REQUIRED" MODIFYING THE PROCEDURES AND FEES FOR
REGISTERING 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 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 in 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 Miami Beach City Code Chapter 82, "Public
Property," Article IV, "Uses in Public Rights-of-Way," Division 3, "Newsracks," sections 82-
201, and 82-231, are hereby amended authorizing the City Manager, or designee, to
immediately remove a non-permitted newsrack belonging to an unregistered publisher,
and modifying the procedures and fees for registering newsracks, as more fully set forth
therein.
SECTION 1. That Chapter 82, entitled "Public Property," Article IV, "Uses in Public Rights-
of'-Way of the Code of the City of Miami Beach, Sections 82-201 and 82-231, "Newsracks"
are hereby amended to read as follows:
Sec. 82-201. Notice of violation; request for hearing.
Whenever the city manager, or designee, finds that a newsrack is in violation of this
division, the city manager, or designee, shall send, by certified mail, a 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. Additionally, the city
manager, or designee, will attempt to notify the publisher by one or more of the following
means: telephone, facsimile or electronic mail (e-mail) specifying the violation. The city
manager, or designee, shall cause a tag to be attached to the newsrack specifying the date
and nature of the violation. The publisher, or designee, shall, within seven days 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 registered with the city and nc
manager, or designee, will direct that the newsrack be immediately 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.
(Code 1964, § 23-16; Ord. No. 2001-3317, § 2, 9-5-01; Ord. No. 2005-3476, 2-23-05)
Sec. 82-231. Permit, Fee Application required.
b. A non-refundable permit fee of $35.00 $25.00 per newsrack is to be paid by the
publisher at the time of application and at the time of annual renewal of that particular
newsrack to defray costs of inspection of the newsrack.
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.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect ten days after
PASSED and ADOPTED this
ATTEST:
CITY CLERK
ad/option/
8 t.___.._~_h da~,,,of ~777' , 2006.
.
Day-id Dermer
Robert Parcher
APPROVED AS ¥O
FORM & LANGUAGE
& FOR EXECUTION
CitY Att-orney.~
Date
T:gAGENDA~.005\Feb2305\Regular\Newsrack Ordinance Revisions FINAL.rev.doc
COMMISSION ITEM SUMMARY
Condensed Title:
lAn Ordinance amending Article IV, Division 3, Chapter 82 of the City Code entitled "Newsracks."
Key Intended Outcome Supported:
IMaintain public areas and right-of-ways, improve cleanliness of rights-of-ways and increase
satisfaction with neighborhood character. =
Issue:
Shall the City Commission amend the City Code regulating the permitting, installation and
maintenance of newsracks?
Item Summary/Recommendation:
When the significantly revised newsrack ordinance was approved on February 23, 2005, it was agreed
upon that a meeting would be held in six months with citizens and the publishers to discuss any
operational problems found after the implementation of the revised ordinance. That meeting was held on
September 28tn, 2005 followed by a Neighborhoods/Community Affairs Committee meeting on November
29th, 2005. The Committee approved adjusting the annual permit renewal fee from $35 to $25 and to
allow non-permitted newsracks belonging to unregistered publishers to be removed immediately.
On January 11, 2006 this item was approved on First Reading, and a Second Reading, Public Hearing
was scheduled.
The Administration recommends adopting the Ordinance.
Advisory Board Recommendation:
Neighborhoods/Community Affairs, November 29, 2005 recommended adjusting the fee and
authorizing the removal of non-permitted newsracks belonging to unregistered publishers.
Financial Information'
'Source of Amount Account Approved
Funds: 1
-
I
OB~l Tota!
Financial Impact summary:
City Clerk's Office Legislative Tracking:
IR Halfhill X6833
Sign-Offs:
Department Director
FHB
Assistant City Manager
RCM
T:~,GENDA~2006\feb0806\Regular\Newsrack Ordinance Summary.doc
City Manager
MIAMIBEACH
AGENDA ITEM
DATE
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor David Dermer and Members of the City Commission
FROM:
DATE:
SUBJECT:
Jorge M. Gonzalez, City Manager t e~
~ SECOND READING
February 8, 2006 PUBLIC HEARING
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
82-201 ENTITLED "NOTICE OF VIOLATION REQUEST FOR HEARING" BY
AUTHORIZING THE CITY MANAGER, OR DESIGNEE TO IMMEDIATELY
REMOVE A NON-PERMITTED NEWSRACK BELONGING TO AN
UNREGISTERED PUBLISHER: AMENDING SECTION 82-231 ENTITLED "FEE
LETTER OF COMPLIANCE REQUIRED" MODIFYING THE PROCEDURES AND
FEES FOR REGISTERING NEWSRACKS: PROVIDING FOR CODIFICATION;
SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH;
AND PROVIDING FOR AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
ANALYSIS
The revision of the ordinance regulating newsracks was adopted by the City Commission on
February 23, 2005. Major changes in the ordinance included:
· Newsracks must. be painted shellrack green in color.
· Standard identification decal size.
· Newsracks must be the standard City approved style newsrack.
· Newsracks must be bolted to the sidewalk or right-of-way.
· Authority to remove newsracks in violation from 30 days to 7 days.
· Annual permits required.
· Change in fee structure.
The revision to the Newsrack Ordinance resulted from meetings of a Newsrack Committee
comprised of publishers, residents and staff over a period of nine months. The revisions
were discussed at length and were agreed upon by all participants. In order to ensure the
ordinance revision was effective, the Newsrack Committee decided to hold a meeting six
months from when the City Commission adopted the ordinance to review and discuss any
problems resulting from the revisions and progress toward compliance. Staff met with the
publishing industry on September 28, 2005. The following items were identified by the
publishers and the City as issues that need to be revisited:
1. Should the City be allowed to remove immediately from the right-of-way non-permitted
newsracks owned by non-registered publishers?
Background: The ordinance currently requires the City to provide seven days for a publisher
to correct a newsrack violation before the City is authorized to remove the newsrack from the
right-of-way. This process works well with registered publishers. The problem is with non-
registered publishers placing non-permitted newsracks on the right-of-way.
When applying for a newsrack permit a publisher is required to register the publication with
the City. There is a problemwith non-registered publishers placing non-permitted newsracks
on the right-of-ways. This creates situations where the maximum number of newsracks at
any one location is exceeded or newsracks are placed in locations where it has been
determined that a newsrack at that location is inappropriate.
The Neighborhoods/Community Affairs Committee concurred with staff and recommended
the ordinance be amended to allow for the immediate removal of non-permitted newsracks
placed on the right-of-way by non-registered publishers.
2. Should the annual fee for renewing newsrack permits be lowered from the approved $35
per newsrack?
Background: The ordinance states, in part, a nonrefundable permit fee of $35.00 per
newsrack is to be paid by the publisher at the time of application and at the time of annual
renewal of that particular newsrack to defray costs of inspection of the newsrack. The
publishers feel that the annual fee is too high.
The Neighborhoods/Community Affairs Committee recommended the fee be reduced to
$25.00 and that Public Works Department provide a report in one year as to the cost of
maintaining the newsrack program with the newsracks bolted to the sidewalks and painted a
uniform color.
The publishing industry is an important industry to the City. Their participation in revising 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 11,2006 this item was approved on First Reading, and
a Second Reading, Public Hearing was scheduled.
JMGIRCMIFBHIRTH
T:~AGEN DA~2006\jan 1106\consent\Newsrack Ordinance Memorandum.doc
- MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE OF A PUBLIC HEARING
NOTICE IS HEREBY given that a public hearing will be held by the City Commission of the City.
of Miami Beach, in the Commission Chambers, 3rd floor, City Hall, 1700 Conv~tion
Drive, Miami Beach, Florida, on Wednesday, February 8, 2006 at 10:15 a.m., regarding
Ordinance Amending Chapter 82, Article IV, Division 3, Thereof Entitled "Newsi-acks"-BY
Amending City Code Section 82-201 Entitled "Notice Of Violation Request For Heaflng"'By
Authorizing The City Manager, Or Designee To Immediately Remove A Non-Permitted
Newsrack Belonging To An Unregistered Publisher; Amending Section 82-231 Entitled ,Fee
Letter Of Compliance Required" Modifying The Procedures And Fees For Registering
Newsracks. .
·
IN(:IUIRIES may be directed to the Public Works Department at (305) 673-7080. .-..~..
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent,
to express their views in writing addressed to the City Commission, cio the City Cle~,
Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. This meeting mayb~ .':
opened and continued and, under such circumstances additional legal nOtice WOuld-no-t be
provided
Robert E. Percher, -
City Clerk ....~
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person
decides to. appeal any decision made by the"City Commission with respect to any matter-
considered at its' meeting or its hearing, such person rnust ensure that a verbatim record of'
the p'roceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based. This notice does not constitute consent by the City for the introduction.
or admission of otherwise inadmissible or irrelevant evidence, nor does it authodze-challen~,.-
or appeals not otherwise allowed by law. .:";
.
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