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97-3104 ORD ORDINANCE NO.: 97-3104 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CITY OF MIAMI BEACH ZONING ORDINANCE NO. 89-2665, SECTION 9-2 THEREOF, ENTITLED "GENERAL SIGN REGULATIONS"; AMENDING CITY OF MIAMI BEACH ZONING ORDINANCE SECTION 9-3 ENTITLED "SIGNS AND SIGN DEVICES PROHIBITED"; AND AMENDING CHAPTER 36 OF THE MIAMI BEACH CITY CODE ENTITLED "SIGNS", SECTION 36-13 THEREOF ENTITLED "DISPLAY OF SIGNS OR ADVERTISEMENTS ON PARKED VEHICLES PROHIBITED"; PROHIBITING THE PLACING OF SIGNS ON VEHICLES PARKED ON PUBLIC OR PRIVATE PROPERTY AND PROVIDING EXCEPTIONS AS FURTHER DEFINED HEREIN; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the existing ordinance regulating signs on vehicles was challenged; and WHEREAS, the City Attorney's OffIce has indicated that the current ordinance needs to be strengthened to regulate signs on parked vehicles; and WHEREAS, maintaining the ambiance and flavor of the streets of Miami Beach is essential to its popularity and to the economic well-being of the City; and WHEREAS, the uncontrolled placement of signs on parked vehicles presents a danger and constitutes a public nuisance; and WHEREAS, the provisions contained herein are regulations of the placement of signs on vehicles and are intended to secure and promote the public health, safety, aesthetic values, and general welfare of persons in the City of Miami Beach in their use of public rights-of-way; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. 1 SECTION 1. That Miami Beach Zoning Ordinance No. 89-2665, Section 9-2 entitled "General Sign Regulations" be amended as follows: * * * C. Exempt Signs. The following signs may be erected, posted or constructed without a permit but in accordance with the structural and safety requirements of the South Florida Building Code and all other requirements ofthis Ordinance: 1. OffIcial traffIc Signs or governmental information Signs and provisional warning Signs or Sign Structures, when erected or required to be erected by a governmental agency, and temporary Signs indicating danger. 2. Historical Markers approved by the Historic Preservation Board. 3. Signs directing and guiding traffIc and parking on private property, but bearing no advertising matter and not exceeding two (2) square feet in area. 4. Changing of the copy on a bulletin board, poster board, display encasement or marquee. ~ Signs on trucks, buscs or other vehicles, v.bile in use in the normal coursc of a bmincgs. IdentifIcation of a fIrm or its principal products on a vehicle operating during the normal hours of business. except as permitted pursuant to Section 9- 2C6: provided. however. that no such vehicle shall be parked on public or private property with signs attached or placed on such vehicle for the purpose of advertising a business or fIrm or calling attention to the location of a business or firm. 2 6. Signs that are authorized under chapter 10-4(b) and 8A-276 of the Metropolitan Code of Dade County. 7. Vehicles carrying advertising signs dealing with the candidacy of individuals for elected office. This exemption. however. shall cease seven (7) days after the date of the election in which the person was fInally voted upon. .8.... Vehicles carry advertising signs. advertising propositions to be submitted and voted upon by the people. This exemption. however. shall cease seven (7) days after the date of the election in which the proposition advertised was fInally voted upon. 9. Vehicles which require governmental identifIcation. markings. or insignias of a local. state. or federal government agency. .uL All other signs on vehicles advertising a business or firm shall be removed or covered when the vehicle is parked on public or private property. lL All allowable signs on vehicles which are removable are to be removed during non-business hours. 6:-12. Temporary signs authorized by sub-section 9-4 which are composed of paper, cardboard, plastic fIlm or other similar material and are affIxed directly to a window. SECTION 2. That Miami Beach Zoning Ordinance No. 89-2665, Section 9-3 entitled "Signs and Sign Devices Prohibited" be amended as follows: * * * 3 F. Signs attached to or placed on a vehicle (including trailers) that is parked on public or private property shall be prohibited. This prohibition. however. shall not apply to signs that are authorized by Subsection 9-2C. SECTION 3. That Miami Beach City Code Section 36-13 entitled "Display of Signs or Advertisements on Parked Vehicles Prohibited" be amended as follows: Sec. 36-13. Display of signs or advertisements on parked vehicles prohibited. It shall bc l:lfila'vVful for any penon to place or park any vchicle or othcr dc{iee on afty vchiclc or other dC'v.ice on any 'v.aeant lot or pared of land or on any parking lot f'Or the purposc of displaying any sign or advertisement of whatsoc'v'cr naturc affIxcd, attachcd or othef'vvisc Oft such vehiclc or other dC'{iec. Signs attached to or placed on a vehicle (including trailers) that is parked on public or private property shall be prohibited. This prohibition. however. shall not apply in the following cases: W Identification of a firm or its principal products on a vehicle operating during the normal hours of business or parked at the owner's residence. provided. however. that no such vehicle shall be parked on public or private property with signs attached or placed on such vehicle for the purpose of advertising a business or firm or calling attention at the location of a business or firm. D:U- Vehicles carrying advertising signs dealing with the candidacy of individuals for elected offIce. This exemption. however. shall cease seven (7) days after the date of the election in which the person was fInally voted upon. (0 Vehicles carrying advertising signs. advertising propositions to be submitted and voted upon by the people. This exemption. however. shall cease seven (7) days after the date of the 4 election in which the proposition advertised was finally voted upon. @ Vehicles which require governmental identification. markings or insignias of a local. state or federal government agency. W Signs that are authorized under Chapter 1O-4(b) and 8A-276 of the Metropolitan Code of Dade County. ill All other signs on vehicles advertising a business or fIrm shall be removed or covered when the vehicle is parked on public or private property. (g) All allowable signs on vehicles which are removable are to be removed during non- business hours. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect ten (10) days after its adoption. PASSED AND ADOPTED this 17th day of Decembe~ ,199-2. ATTEST: ~ ~Jkvf f~ MAYOR APPROVED ~ TO FORM & lANGUAGE CITY CLERK & FOR EXECUTION 1st reading 11/19/97 5 <<..~ 2nd reading 12/17/97 , Date CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIA.MI BEACH, FLORIDA. 33139 http:\\ci.miami-beach.fI.us COMMISSION MEMORANDUM NO:] g 6 -91 TO: Mayor Neisen Kasdin and Members of the City Commission DATE: December 17, 1997 FROM: Jose Garcia-Pedrosa City Manager SUBJECT: AN ORDINAN AMENDING SECTION 9-2,9-3, AND 9-3.F OF THE ZONING COD ENTITLED "GENERAL SIGN REGULATIONS WHICH WOULD PROHIBIT SIGNS ATTACHED TO OR PLACED ON A VEHICLE THA T IS PARKED ON PUBLIC AND PRIVATE PROPERTY". ADMINISTRA TIVE RECOMMENDATION: Adopt the ordinance on second reading. BACKGROUND: The existing provisions of the ordinance regulating signs on vehicles were challenged after a Notice of Violation was issued to enforce a sign displayed on top of a vehicle while parked on Ocean Drive. The City Attorney's Office concluded that the current ordinance regulating signs on parked vehicles citywide needs to be strengthened. An amended ordinance was reviewed by the Planning Board on September 23, 1997. The Board agreed with the amendments and voted unanimously to forward the ordinance to the Commission for approval. The amended ordinance enhances the City's ability to enforce existing rules against businesses that are placing signs on vehicles, including parked trailers, on public and private property. ANALYSIS: The amended ordinance is different from the current ordinance in that it strengthens the language by prohibiting signs on vehicles parked on public or private property and lists exceptions. The ordinance allows for exceptions which include 1) governmental vehicles, 2) signs authorized by 10- 4(b) and 8A-276 of the Dade County Code, 3) automobiles carrying signs dealing with candidacy for elected office, and propositions to be submitted and voted, and 4) vehicles operating during normal business hours identifying a firm or its principal products which are utilized in the normal course of the business. The amending ordinance would only change the text of the Zoning Ordinance and would not constitute a use change or a change in Zoning district boundaries or classification. AGENDAITEM ~5A DATEJ2..-I/~C)1 I CONCLUSION: The ordinance strengthens the current language in the Zoning Code to regulate signs on vehicles parked on public and private property. The Administration recommends adopting the ordinance on second reading. JGP:~~AC:ebt /