Elections Signs
City of Miami Beach
City Clerk's Office
Election Signs
Included are City Code Sections: 138-134,138-133, 138-136, and 82-412
Sec. 138-134. Election signs.
(a) Election signs are signs announcing political candidates seeking public office or
advocating positions relating to ballot issues.
(b) In a commercial district or industrial district the number is limited only by sign
area regulations. In residential districts there shall be no more than one sign per
residential building or lot.
(c) The sign area in commercial or industrial districts for campaign
headquarters shall not have a sign area limitation. Each candidate may have four
campaian headauarters which shall be reaistered with the city clerk. Other
commercial or industrial district locations shall have the same requirements as for
construction signs or real estate signs, whichever is larger. The sign area in residential
districts shall be the same as for construction signs.
(d) Election signs shall be removed seven days following the election to which they
are applicable.
(e) It shall be unlawful for any person to paste, glue, print, paint or to affix or attach
by any means whatsoever to the surface of any public street, sidewalk, way or curb or to
any property of any governmental body or public utility any political sign, poster, placard
or automobile bumper strip designed or intended to advocate or oppose the nomination
or election of any candidate or the adoption or rejection of any political measure.
(Code 1964, 9 10-6; Ord. No. 89-2665, 9 9-4(B)(3), eff. 10-1-89; Ord. No. 93-2867, eff.
8-7-93)
Cross references: Elections generally, ch. 38.
Sec. 138-133. Construction signs.
(a) Construction signs shall be located on the construction site. Sign copy may
include, but not limited to, the project name, the parties involved in the construction and
financing, their phone numbers, e-mail addresses, or web sites. Unit prices may be
indicated in accordance with the provisions contained herein. Artistic murals or
ornamental signs are permitted on construction fences surrounding the project site,
subject to the provisions contained herein and design review approval.
(b) There shall be a maximum of one construction sign per street frontage.
(c) The sign area for window signs shall not exceed ten percent of total window
area. The sign area for single-family signs is four square feet. The sign area for all other
districts, shall not exceed one square foot per three linear feet of street frontage, not to
exceed 75 square feet. The area contained in renderings, decorative or artistic portions
of such signs shall be included in the sign area calculation, in accordance with the
provisions herein. When unit prices are allowed they shall not exceed ten percent of the
total sign area and numbers shall not exceed six inches in height.
(d) Temporary construction signs may be erected and maintained for a period
beginning with the issuance of a building permit and must be removed within six months
from the date the area of new construction or substantial rehabilitation receives a
temporary or final certificate of occupancy or a certificate of completion, whichever
applies. However, any such signs shall be removed immediately if the building permit
expires and construction has not commenced and/or if the permit is not renewed.
(e) All signs shall be reviewed under the design review process. Construction signs
may be flat wall signs, part of a construction fence, or rigid detached signs, affixed to
posts or a construction fence. Banners are prohibited. Should the permitted construction
sign be part of a construction fence, the size of the sign copy shall not exceed what is
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permitted under (c) above, however, a rendering of the project, or artistic mural affixed
directly on a construction fence shall not be computed as part of the sign area. Unless
affixed to a construction fence or an existing building, detached construction signs shall
be setback ten feet from any property line. Maximum height to the top of a detached sign
affixed to posts or a construction fence shall be 12 feet above grade. Maximum height to
the top of a flat sign affixed to a building shall not extend above the second story of such
building.
(Ord. No. 89-2665, 9 9-4(B)(2), eff. 10-1-89; Ord. No. 93-2867, eff. 8-7-93; Ord. No. 94-
2902, eff. 1-29-94; Ord. No. 2002-3385, 9 2, 11-13-02)
Cross references: Building regulations, ch. 14.
Sec. 138-136. Real estate signs--Multifamily, commercial, industrial, vacant land.
(a) Real estate signs located in multifamily, commercial, or industrial districts, are
signs advertising the sale, lease or rent of the premises upon which such sign is located.
Sign copy with prices is prohibited.
(b) There shall be a maximum of one real estate sign permitted per street frontage.
(c) The sign area for a multifamily sign shall not exceed four feet by four feet. The
sign area for a commercial/industrial sign shall not exceed four feet by six feet.
(d) Temporary real estate signs shall be removed within seven days of the sale or
lease of the premises upon which the sign is located.
(e) Special conditions for these real estate signs shall be as follows:
(1) Real estate signs are not permitted on windows of apartment, multifamily
buildings or individual offices. Detached signs shall have a setback of ten feet if lot is
vacant, three feet if lot has improvements. Sign may be placed on structure or wall if
structure or wall is less than three feet from property line. Height shall not exceed seven
feet.
(2) Only the information permitted on single-family residential real estate signs plus
the following information may appear:
a. Zoning information.
b. Size of property and/or building.
c. Permitted use of property.
(3) No signs are permitted on public property.
(4) Flat wall signs may be substituted with banner type signs.
(5) Each individual sign shall receive a permit from the license department which
shall charge a fee per sign as provided in appendix A.
(Ord. No. 89-2665, 9 9-4(B)(5), eff. 10-1-89; Ord. No. 90-2722, eff. 11-21-90; Ord. No.
93-2867, eff. 8-7-93; Ord. No. 2002-3385, 94, 11-13-02)
Sec. 82-412. Posting of signs on utility company property or public property
prohibited; enforcement; fines; appeal.
(a) Generally. It shall be unlawful for any person to place, post or affix, own, or be
the benefactor of the placing, posting, or affixing of, any sign upon a public sidewalk,
building, fence, wall, boardwalk, pole, apparatus or equipment belonging to an electric
utility company or other object or structure located upon a public sidewalk, swale, area
or median within the city. In addition to any other remedy available by law or ordinance,
enforcement against the owner or benefactor and/or person who placed, posted or
affixed the sign shall be as outlined in this section. A lessor (or sublessor) of premises
which are the subject of an illegal sign without the knowledge or approval or benefit of
such lessor (or sublessor) shall not be liable for violations under this section.
Signs affixed or held with a securing device. In the event that an illegal sign(s) in the
right-of-way is affixed with an adhesive, glue, staples, tacks, or nails that require extra
ordinary effort, labor and or material to remove, then said sign shall be subject to
enforcement as outlined in this section.
(b) Authorizing others to post signs prohibited. It shall be unlawful for any person to
knowingly authorize or employ any person to cause the placing; posting or affixing of any
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sign not exempt pursuant to subsection 82-412(d) herein upon a public sidewalk,
building, fence, wall, boardwalk, pole or other object or structure located upon a public
sidewalk, swale area or median within the city.
(c) Definitions. For the purpose of this section the following words shall have the
following meanings:
Extra ordinary effort. Labor and or material shall mean where a city employee cannot
remove the signs by simply standing on the public right-of-way and pulling on the sign
for its removal, extra ordinary effort, labor and material include having to scrape, pry,
with a device, and or reach with a ladder or lifting device, and or require more than one
individual for removal, and or require patching or painting, or in the case of attachment to
landscaping require special treatment to the trees or plant material to which it was
attached.
Median shall mean that area of the street between vehicular traffic lanes and improved
by concrete and/or landscaping.
Offense shall mean either an uncontested notice of violation issued by a code
compliance officer or a finding of violation by a special master.
Person shall mean any individual, trust, labor union, partnership, limited partnership,
corporation or other business entity.
Public shall mean owned, operated or controlled by a governmental entity.
Sidewalk shall mean the area located between a curb line or lateral line of a street and
the adjacent property line and which is intended for use by pedestrians.
Sign shall mean any handbill, poster, advertisement, or other written or printed message
or other communication. ,
Swale area shall mean that area between the property line and the back of the street
curb on the edge of the paved roadway.
(d) Exemptions. The following shall be exempt from subsections 82-412(a) and (b):
(1) Signs authorized by the city pursuant to subsection 82-411 (d).
(2) Official traffic signs, information signs and warning signs erected by a
governmental agency and temporary signs indicating danger.
(3) Historical markers approved by the city historic preservation board.
(4) Temporary special public event directional signs approved pursuant to article IV
of this chapter.
(e) Enforcement by code compliance officers; notice of violation. If a code
compliance officer as defined in chapter 30 finds a violation of this article, such code
compliance officer shall issue a notice of violation to the violator of the nature of the
violation, amount of fine for which the violator is liable, instructions and due date for
paying the fine, notice that the violation may be appealed by requesting an
administrative hearing within 20 days after service of the notice of violation, and that
failure to do so shall constitute an admission of the violations and waiver of the right to a
hearing. ,
(f) Civil fines for violators. The following civil fines shall be imposed for each
violation of this article:
(1) First offense. . . $ 50.00
(2) Second offense (within one year of the first offense) . . . 250.00
(3) Third offense/additional offenses (within one year of the first offense) . . . 500.00
(4) First offense for illegal sign(s) in the public right-of-way affixed with an adhesive,
glue, staples, tacks or nails that require extra ordinary effort, labor and materials to
remove. . . 150.00
(5) Second offense (within one year of the first of the first offense) for illegal sign(s)
in the public right-of-way affixed with an adhesive, glue, staples, tacks or nails that
require extra ordinary effort, labor and materials to remove. . . 400.00
(6) Third offense/additional offenses (within one year of the first offense) for illegal
sign(s) in the public right-of-way affixed with an adhesive, glue, staples, tacks or nails
that require extra ordinary effort, labor and materials to remove. . . 750.00
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(g) Rights of violators; payment of fine; right to appeal; failure to pay civil fine or to
appeal.
(1) A violator who has been served with a notice of violation shall elect either to:
a. Pay the civil fine in the manner indicated on the notice; or
b. Request an administrative hearing before a special master appointed by the city
commission upon recommendation of the city manager to appeal the decision of the
code compliance officer which resulted in the issuance of the notice of violation.
(2) The procedures for appeal by administrative hearing of the notice of violation
shall be as set forth in sections 102-384 and 102-385.
(3) If the named violator after notice fails to pay the civil fine or fails to timely request
an administrative hearing before a special master, the special master shall be informed
of such failure by report from the code compliance officer. Failure of the named violator
to appeal the decision of the code compliance officer within the prescribed time period
shall constitute a waiver of the violators right to administrative hearing before the special
master. A waiver of the right to an administrative hearing shall be treated as an
admission of the violation and penalties may be assessed accordingly.
(4) Any party aggrieved by the decision of the special master may appeal that
decision to a court of competent jurisdiction.
(h) Recovery of unpaid fines; unpaid fines to constitute a lien; foreclosure.
(1) The city may institute proceedings in a court of competent jurisdiction to compel
payment of civil fines.
(2) A certified copy of an order imposing a civil fine may be recorded in the public
records and thereafter shall constitute a lien upon any other real or personal property
owned by the violator and it may be enforced in the same manner as a court judgment
by the sheriffs of this state, including levy against the personal property, but shall not be
deemed to be a court judgment except for enforcement purposes. After two months from
the filing of any such lien which remains unpaid, the city may foreclose or otherwise
execute upon the lien.
(i) Injunctive relief. As an additional means of enforcement, the city may seek
injunctive relief and/or follow procedures to revoke an occupational license/certificate of
use as set forth in chapters 14 and 102 when there are repeated violations of these land
development regulations.
U) Removal of signs. The city may cause the removal at the violator's expense of
signs posted in violation of this section pursuant to the provisions of this chapter.
(Ord. No. 93-2843, 91,4-21-93; Ord. No. 94-2909, 91(25-81), 3-2-94; Ord. No. 2001-
3312,91,7-18-01; Ord. No. 2002-3359, 91, 4-10-02)
Cross references: Utilities, ch. 110.
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