Loading...
2017-4142 Ordinance ORDINANCE NO. 2017-4142 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82, ENTITLED "PUBLIC PROPERTY," ARTICLE III, "USE OF PUBLIC PROPERTY," DIVISION 1, "GENERALLY," TO CREATE SECTION 82-71, ENTITLED "CITY MUNICIPAL PARKING GARAGE ADVERTISING," TO AUTHORIZE THE INSTALLATION OF ADVERTISING SIGNS OR AN ADVERTISING SIGN PROGRAM IN CITY MUNICIPAL PARKING GARAGE FACILITIES, AND TO PROVIDE FOR EXCEPTIONS; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach has the authority to enact laws which promote the public health, safety and general welfare of its citizens; and WHEREAS, the City has considered, in its proprietary capacity, to award an advertising contract for municipal parking garage facility, the proceeds of which program will be utilized for public school enhancements for the City's public schools; and WHEREAS, Chapter 82, entitled "Public Property," provides for the regulation of signage within the public right of way; and WHEREAS, the City seeks to amend Chapter 82 of the City Code to authorize the installation of advertising signs within City municipal parking garage facilities, excluding exterior parking garage facility facades above the first floor; and WHEREAS, it is necessary to amend this chapter of the City Code to grant authority for advertising signs within municipal parking garage facilities; and WHEREAS, the amendments set forth below are necessary to accomplish the above objectives. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Chapter 82, entitled "Public Property," at Article III, "Use of Public Property," Division 1, "Generally," at Section 82-71 of the Code of the City of Miami Beach, Florida is hereby amended as follows: CHAPTER 82 PUBLIC PROPERTY * * ARTICLE III USE OF PUBLIC PROPERTY DIVISION 1 - GENERALLY Sec. 82-71 82-72 -- 82-90 Reserved. Sec. 82-71 City Municipal Parking Garage Advertising. The city may install, or contract to install (pursuant to a contract entered into by the city and a selected vendor), advertising signs within the city's municipal parking garage facilities. Such advertising signs shall only be placed within the property line of the municipal parking garage facilities, and may be visible from the public right-of-way. Notwithstanding the preceding, however, (i) no advertising sign shall be placed on a municipal parking garage facility façade, except at a garage entrance or exit, and (ii) no advertising sign above the first floor shall be placed in any location where such sign may be visible from the right-of-way. * * SECTION 2. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith are hereby repealed. SECTION 3. CODIFICATION. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. 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. EFFECTIVE DATE, This Ordinance shall take effect ten days following adoption. PASSED AND ADOPTED this ig day of &hI2-é'rJ , 117. ATTEST: Allerie/..._3( , co Philip -vine t ,....../ti _,,7, ,:- RaftGranadoe)1641 B �P City Clerk �; 4 \m'•* s ,'"'• k; , . °' APPROVED AS TO (Sponsored by Vice M4- of-h{ ;; a : 1 f/ FORM&LANGUAGE E ,..,... ,� ,,4., ., &FOR ION Underline denotes ne Man "u ve ,t\f� \� ": ° :r:, denotes 4,-is tea 9e ,f:^ ç- -5 - 1 7 Ad. I1 1=1 g F:IATTO\KALMORDINANCES\City m '`ici �praiking g `a veid'isi�(�(.-: ° x \(';',;(.7 • :" ''(' qty Attorney Date Ordinances - R5 F M I AAA I BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J. Aguila, City Attorney DATE: October 18, 2017 10:25 a.m. Second Reading Public Hearing SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82, ENTITLED "PUBLIC PROPERTY," ARTICLE III, "USE OF PUBLIC PROPERTY," DIVISION 1, "GENERALLY," TO CREATE SECTION 82-71, ENTITLED "CITY MUNICIPAL PARKING GARAGE ADVERTISING," TO AUTHORIZE THE INSTALLATION OF ADVERTISING SIGNS OR AN ADVERTISING SIGN PROGRAM IN CITY MUNICIPAL PARKING GARAGE FACILITIES, AND TO PROVIDE FOR EXCEPTIONS; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. Legislative Tracking Office of the City Attorney Sponsor Vice-Mayor RickyArriola ATTACHMENTS: Description CI Memorandum and Ordinance Page 483 of 1633 3 !. r ACLi. i\l'‘ f\-/A I 1¢ i '4 HL OFFICE OF THE CITY ATTORNEY RAUI_J AGU1LA, CITY ATTORNEY COMMISSION MEMORANDUM To: Mayor Philip Levine Members of the City Commission Jimmy Morales, City Manager cc: Rafael Granado, City Clerk • From: Raul J. Aguila, City Attorne Date: September 13, 2017 Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82, ENTITLED "PUBLIC PROPERTY," ARTICLE Ill, "USE OF PUBLIC PROPERTY," DIVISION 1, "GENERALLY," TO CREATE SECTION 82- 71, ENTITLED "CITY MUNICIPAL PARKING GARAGE ADVERTISING," TO AUTHORIZE THE INSTALLATION OF ADVERTISING SIGNS OR AN ADVERTISING SIGN PROGRAM IN CITY MUNICIPAL PARKING GARAGE FACILITIES, AND TO PROVIDE FOR EXCEPTIONS; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. Pursuant to the request of Vice Mayor Ricky Arriola, the attached Ordinance has been placed on the September 13, 2017 City Commission meeting agenda for first reading. Also on the September 13, 2017 agenda is a Resolution approving an agreement with Lambda Lambda Sigma LLC d/b/a Alchemy Media, pursuant to RFP No. 2017-081-WG, for the implementation, management, and operation of City municipal parking garage advertising services (the "Agreement"). In order to effectuate the Agreement, the City Code amendments set forth in the attached Ordinance are necessary. The Ordinance amends Chapter 82, entitled "Public Property," by creating Section 82-71, to authorize the installation of advertising signs or an advertising sign program in City municipal parking garage facilities. Notwithstanding the preceding, the Ordinance prohibits (i) advertising signs on municipal parking garage facility facades, except at a garage entrance or exit, and (ii) advertising signs above the first floor in any location where such sign may be visible from the right-of-way. F IATTO\KALNICOMMISStON MEMOS\City municipal parking garage advertising docx Page 484 of 1633