2010-3683 OrdinanceV5,
~.
• ~ ~_._
` _ ,
' ORDINANCE NO ~ 2010-3683 '
' ~ ~_
AN ORDINANCE OF THE MAYOR AND CITY. COMMISSION OF THE '
CITY ~ OF. MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82,
ENTITLED "PUBLIC PROPERTY"; BY AMENDING ARTICLE I,
• ENTITLED "IN GENERAL," BY RENAMING SECTION 82-5, ENTITLED
- .: "RESERVED," TO "CITY SIGNS TO BE OBEYED" TO PROVIDE THAT
CITY SIGNS SHALL BE OBEYED AND DISOBEDIENCE TO SUCH
• ~ SIGNS SHALL BE ENFORCED PURSUANT TO CHAPTER 30;
" . PROVIDING. FOR REPEALER; SEVERABILITY; CODIFICATION; AND
AN EFFECTIVE DATE. .
WHEREAS, there are various signs that the City posts to regulate activities that are not
' consistent-with the health, vvelfare, or safety of the residents and visitors iri the City of Miami •
Beach; and ,.
WHEREAS, such signs are posted for the health, welfare or safety of the public and
should be obeyed and enforced .pursuant to Chapter-30 of the City Code.-
NOW, THEREFORE:, BE IT DULY•ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1.
That Section 82-5, entitled "Reserved," of Article I, entitled "In General," of Chapter 82, entitled
"Public Property," of the Miami Beach City Code is hereby amended as follows: ~ -
• CHAPTER 82
• PUBLIC PROPERTY
.ARTICLE I. In General
'Seca 82-5. RLs~ Tom.. City Signs to be Obeyed.
. ~ Signs placed, or contracted. to be placed by the city shall be obeyed Disobedience of a
city sign shall be enforced pursuant to Chapter 30 of the .City Code -
SECTION 2. Repealer.
All ordinances or .parts of ordinances in conflict herewith 'be and the same are hereby
repealed.
. - ,
,SECTION 3. Severability:
- .. If any aection, 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. '
If 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 maybe renumbered or
re-lettered 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 the ~~+~day of May, 2010.
PASSED and ADOPTED this ~~ day of ~~~ , 2010..
ATTEST- >~ LL~7~-.--
..
. ~ ~'A ATTI HERRER BOWER
~G~ \ ~ MAYOR
ROBERT PARCHER, CITY. CLERK
~~_~ ~c ~~~~~
~~~ ~ ~l1'Ty~~ .
-
orPto~y ~
. '~ .- ~ ~ -
- . '
F;\a#fd\TURN\ORDINANC\City Signs.docx
' 2
COMMISSION ITEM SUMMARY
Condensed Title:
n
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending Chapter 82
Entitled "Public Property," By Amending. Article I, Entitled "In General," By Renaming Section 82-5, Entitled
"Reserved," To "City Signs To Be Obeyed," To Provide That City Signs Shall Be Obeyed And Disobedience To
Such Signs Shall Be Enforced Pursuant To Chapter 30; Providing For Repealer; Severability; Codification;
And An Effective Date.
mtenaea uutcome su
Ensure Compliance with Code Within Reasonable Time Frame; Increase Resident Satisfaction With Level of Code
Enforcement
Supporting Data (Surveys,. Environmental Scan, etc.): The 2007 Community Survey Suggests that 61 % of the City's
residents are very satisfied/satisfied with the fairness and consistency of the enforcement of codes and ordinances in
their neighborhoods;
I Shall the Mayor and the City Commission Approve The Proposed Ordinance?
item summarv~Kecommenaation:
SECOND READING /PUBLIC HEARING
At the April 14, 2010 Commission meeting, during a discussion on operational issues relating to South PointePar{c, a
motion was made by Commissioner Exposito directing the City Administration and the City Attorney to explore options
to address the safety of children at our parks. The Neighborhoods/Community Affairs Committee considered several
options at their meeting on April 27th, including developing a program allowing only adults supervising children in the
playground/tot lot areas of City parks, as well as an ordinance requiring compliance with all City signs. The latter
provides a mechanism for ensuring compliance with posted signs that may address rules and regulations adopted by
the City, such as those for a Park (e.g. no fishing). The City Commission considered the proposed ordinance on first
reading at the May 12, 2010 City Commission Meeting.
Adviso Board Recommendation:
Neighborhoods/Community Affairs Committee (NCAC). ADril 27. 2010.
Financial Information:
Source of Funds: Amount .Account
1
OBPI Total
Financial Impact Summary: Non-compliance of the ordinance will result in fines and penalties pursuant to Chapter
30. It is unknown at this time what revenues might be generated .pursuant to violations of this ordinance. City signs
may need to be modified to reflect this code provision.
Sign-Offs:
De artment Director sistant Cit na er Cit Mana er
~ U
T:\AGENDA\2010Wune 9\Regular\City Sign Ord Summary 2nd rdg.doc
/~
I~~ V 111 ~~!-1~~
A~ENIDA STEM ~5
DATE 6-~~/0
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO:. Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: June 9, 2010
EE DREADING /.PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 82 ENTITLED "PUBLIC PROPERTY," BY AMENDING
ARTICLE I, ENTITLED "IN GENERAL;" BY RENAMING SECTION 82-5, ENTITLED
"RESERVED," TO "CITY SIGNS TO BE OBEYED," TO PROVIDE THAT CITY SIGNS SHALL
BE OBEYED AND DISOBEDIENCE TO SUCH SIGNS SHALL BE ENFORCED PURSUANT TO
CHAPTER 30; PROVIDING FOR REPEALER; SEVERABILITY CODIFICATION; AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Approve the ordinance on second reading.
BACKGROUND
At the April 14; 2010 Commission meeting, during a discussion on operational issues relating to South
PointePark, a motion was made by Commissioner Exposito directing the City Administration and the City
Attorney to explore options to address the safety of children at our parks Citywide. In addition to
requesting. that an ordinance be developed that provides that only adults supervising children are
allowed in the playground/tot lot areas of City parks similar to current programs in New York, San
Francisco and other cities, other options were suggested to be further researched. The Commission
.referred the item to the Neighborhoods/Community Affairs Committee (NCAC). At the April 27, 2010
meeting of the NCAC two potential ordinances were discussed; 1) an ordinance limiting when adults
could be in a playground area; and 2) an ordinance that required anyone to comply with any posted
sign. It was concluded that the City Attorney's office should draft the ordinances for the Commission's
consideration:
ANALYSIS '
There are additional restrictions or rules that have been adopted by the City, such as in our Parks and
other public areas that have been developed and implemented to provide for the health, safety and
welfare of the general public. For example, fishing is not permitted in South Pointe Park to address
safety and sanitation concerns. While the City has posted "no fishing" signs, anyone fishing may be
asked to stop, but there is no section of City Code for which they can be cited should they continue or
repeatedly do so.
The proposed ordinance would establish that any sign posted by the City would be subject to
compliance and enforcement. Violators would receive a violation pursuant to this section of the code,
with fines and penalties consistent with Chapter 30 of the City Code. It should be noted that in most
instances, there are sections in City Code that are applicable for enforcement. This ordinance provides
an additional mechanism to assist with enforcement.
FISCAL IMPACT
Non-compliance of the ordinance will result in fines and penalties pursuant to Chapter 30. Specifically:
`A fine imposed pursuant to this section shall not exceed $1, 000.00 perday fora first violation
City Commission Memorandum
June 9, 201-0
City Signs
Page 2 of 2
and shall not exceed $5, 000.00 per day for a repeat violation...However, if the special master
finds the violation to be irreparable or irreversible in nature, he may impose a fine not to
exceed $15, 000.00 per violation. "
It is unknown at this time what revenues might be generated pursuant to violations of this ordinance.
However, it is likely that fines will be levied for violations that until now do not have an enforcement
mechanism. Current signs may need to be modified to reflect this particular section of the code.
Enforcement of the ordinance would be done by existing staff.
CONCLUSION
The proposed draft ordinance was developed by the City Attorneys' Office pursuant to instruction from
the Neighborhoods/Community Affairs Committee. The Commission approved the ordinance on first
reading at its May 12, 2010. This proposed ordinance provides a mechanism for the City to ensure
compliance with rules and regulations that have been adopted in an effort to promote the health, safety
and welfare of the general. public.
T'\AGENDA\20Y0\June 9\Regular\City Sign Ord Memo 2nd rdg.doc
,,
• ~ `.' it' !THURSDAY, MAY 27, 2010' -
-,<.: «. _
._ NOTI~~ OF QI~~LIC ~i~AF~IIV~S
` _ tvO i ICE !S. HERESY liven that second readings and public .hearings will
be ",~id_ by the Nlayoi and City Commission" of the: City_ ofMiami ~~~Beach;
~, ,- ~ ~ Florida, in the .Commission Chambers, 3rd floor. City Hail. ~ ~i 700 _Convention
Center Drive, f~liami Beach, Florida. on Wednesday, June 9th, 2010; to .
consider the following:
10:30 a.m.
Ordir~ai~ce Amending Chapter'2 Of The City Code, Entitled, "Administration:"' -
' I By _ Ariaending Article VI ..Thereof .Entitled; -"Procurement'.. By Amenc'ii;~g"
1 -Dig ision 6 Entitled "Living V7age Regciirements For Service Contracts And City
.F -~ ~ , Employees'. Sections 2-407 Through 2-410 Therein. ~ _
- ~ ~ Inquiries may be directed to the Finance Department 1305) 6-73-7;66 ~ ~ -
i 10:35 a.m. -
~- Ordinance Amending Chapter 82. Entitled_''Public Properly"; By Amending ~ '
~- ~ ~ ~ A.rticlel, Entitled °Ir~ General," By Renaming Section82-5, Entitled''Reserved,"
.- . - To 'City Signs To Be Obeyed" To Provide That City SignsShali Be Obeyed And ti
' ~ Disobedience To Such Signs Shall Be Enforced Pursuant To Chapter 30.
..
- ~ Inquiries may be directed to the Legal Department (3~05j 673-1470
` _ 10:~k0 a.m.
.. Orc++'narice Ar?~ending Chapter 82. Entitled "Public Proper~ty,~ By Amendiriq +
- ' Article I, Entitled'~In General,'' By Renaming Section 82-6, Entitled `'Reser/ed."'
• '• ,. , ' To ".Designated C!-uldren Play Areas," Arid Providing That Adults f~~lust Be ~,
. - - Accompanied By' A`Minor In Areas Designated As Children .Play Areas.
Inquiries may be directed- to tile,-Legal Department (305) 673 7470-
-~ I~lTERESTED PARTIES are invited to appear at this meeting. or be
. - • represehted by an agent, or to express their views in writing addressed to the
- ~ ~ - City Commission c%o the City Glerk, 1700 Convention Center Dri~~~e, 1st Floor,
City Hall. Miami Beach; Florida 33139.Copies of these ordinances are available -
for. public~rnspection during~noi~mal business hours-in the City Clerk's Office, ~ -
- ~ . ~ ~ - ~ 1700 GonventionCeriferDr=ive, 1st Floor•,City HalLand Miami Beacl-~, Florida _~ ~ -
33139 or via theCity's web site at wtiwv.miarribeachfl.gov. Thismeetmg_r~~ay
be continued and under such circumstances-additional legal notice would not
be provided..
Robert E Parcher. City Clerk
City of Miami Beach
` ,' _ Pursuant to Section 286.0105: Fla: Stat.. tine City hereby advises the: public
. - that: if ~ person decides to appeal any decision made by the City Cori mission
with respect to ary, matter considered at its meetmc~ oi-` its heanr~g; such
-~ ~ person must ehsure;that a verbatimrecord ofitheproceedings ismade,which_
- ~v - J ;
` ; ~ record. ihcludes 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 adnii sion, of otherwise inadmissible or irrelevant evidence,, nor. does ~' ~~~
•' authorize challenges orappeals not otherwise allouved by law. ~ -~_
-~ ~ _ ~ ~ To rF;~-guest this .material in accessible format, sign language interpreters,
information on access for persons with disabilities,-and/or any acceimmodation
` to review any document or participate in any city-sponsored proceeding, please '
'contact (305j 604. 2459 (voicej. (305).673-7218(TTY)five days in advance to
ini,iaie ~~our request. TTYusers may alsocail 711 (Florida Relay Servicei.
' ~ , rid #6C5
~- -