Ordinance 93-2843ORDINANCE NO. 93-2843
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER
25, ENTITLED "OFFENSES -MISCELLANEOUS" BY ADDITION OF
SECTION 25-81, ENTITLED, "UNAUTHORIZED SIGNS ON PUBLIC
PROPERTY PROHIBITED; ENFORCEMENT; PENALTIES," PROHIBITING
THE PLACING OF UNAUTHORIZED SIGNS ON PUBLIC RIGHT-OF-WAY,
PROVIDING ENFORCEMENT PROCEDURES, PROVIDING FOR CIVIL
FINES FOR VIOLATIONS, APPEALS OF VIOLATIONS, PROVIDING
THAT UNPAID FINES SHALL CONSTITUTE LIENS WHICH MAY BE
FORECLOSED; PROVIDING FOR REPEALER, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the unauthorized placement of signs, posters and
advertisements on public property and upon objects located within
the public right-of-way creates visual clutter and threatens the
safety of pedestrians by competing for the attention of pedestrians
and vehicular traffic; and
WHEREAS, the provisions contained herein will improve public
safety and enhance the appearance and economic well-being of the
City of Miami Beach.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1. ADDITION OF SECTION 25-81.
That Miami Beach City Code Chapter 25 entitled, "Offenses -
Miscellaneous" is hereby amended by addition of Section 25-81 to
read as follows:
Sec. 25-81. Placing of signs on public property and
sidewalks prohibited; exemptions; enforcement;
penalties.
(a) It shall be unlawful for any person to place, post or
affix any sign upon a public building, fence, wall, boardwalk,
pole or other object or structure or upon a sidewalk or object
located upon a sidewalk located within the City of Miami
Beach.
ihl For purposes of this section the following words shall
have the following meanings:
(1) "Sign" shall mean any handbill, poster,
advertisement, or other written or printed message or
other communication.
(2) "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.
121 "Public" shall mean owned, operated or controlled by
a governmental entity.
Exemptions. The following shall be exempt from paragraph
(a) herein:
(1) Signs authorized by the City pursuant to Subsection
9-3.C.1 of Zoning Ordinance No. 89-2665 as amended.
(2) Official traffic signs, information signs and
warning signs erected by a governmental agency and
temporary signs indicating danger.
Historical markers approved by the City of Miami
(3)
Beach Historic Preservation Board.
(d) Enforcement by Code inspectors; notice of violation.
If a code inspector as defined in chapter 9B of the Miami
Beach City Code finds a violation of this article, said
inspector shall issue a notice of violation to the violator as
provided in chapter 9B. The notice shall inform the violator
of the nature of the violation, amount of fine for which the
violator may be liable, instructions and due date for paying
the fine, notice that the violation may be appealed by
requesting an administrative hearing within twenty (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.
Civil fines for violators.
The following civil fines shall be imposed for each violation
of this article:
ill First offense: $50
(2) Second offense: $250
Third offense: $500
ifl 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
2
shall elect either to:
_(l Pay the civil fine in the manner indicated on the
notice; or
(ii) 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 inspector 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 section 20-43
and 20-44 of the Miami Beach City Code.
(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 inspector. Failure of
the named violator to appeal the decision of the code
inspector within the prescribed time period shall constitute
a waiver of the violator's 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 a special master
may appeal that decision to a court of competent jurisdiction.
(g)
Recovery of unpaid
fines; unpaid fines to constitute a
lien; foreclosure
(1) The City of Miami Beach 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 the this state, including levy
against the personal property, but shall not be deemed to be
a court judgment except for enforcement purposes. After two
3
1
(2) months from the filing of any such lien which remains
unpaid, the City of Miami Beach may foreclose or otherwise
execute upon the lien.
MitE
provisions of pa avapbs (c � ... (e) (t) and -(g)
lierein are supplemental toto signg
Old enforcement •rocedu es set
dInance
f
SECTION 2. SEVERABILITY.
If any section, subsection, clause or provision of this
Ordinance is held invalid, the remainder shall not be affected by
such invalidity.
SECTION 3. REPEALER.
That all Ordinances or parts of Ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect ten (10) days after its
adoption.
PASSED and ADOPTED this 21st day
ATTEST:
eT:4'04A-0.0kOt EA'OVIV‘04"—
CITY CLERK
1st reading 4/8/93
2nd reading 4/21/93
SWS:scf:disk3\sign-off.ord
FORM AP 'O ED
LE
April , 199
Date SJY� .{-/5-Q3
4
MAYOR
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER
TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. a0a-93
TO: Mayor Seymour Gelber and
Members of the City Commission
FROM: Roger M. �C
City Manag
SUBJECT:
DATE: April 21, 1993
REVISIONS TO MISCELLANEOUS OFFENSES --CHAPTER 25 OF THE
CITY CODE REGARDING UNAUTHORIZED SIGNS ON PUBLIC PROPERTY
Administrative Recommendation
The Administration recommends the adoption of this proposed
amendment on second reading of Section 25-81 pertaining to the
prohibition of unauthorized signs on public property.
Analysis:
Sect. 25-81(a)
Sect. 25-81(b)
Sect. 25-81(c)
Sect. 25-81(d)
Sect. 25-81(e)
prohibits any person to place or post any
sign upon a public building, fence, wall,
boardwalk, pole or other object or
structure or upon a sidewalk.
provides for definitions of sign,
sidewalk, and public.
provides for exceptions.
- provides for enforcement and notices of
violation, appeal time, and the rights of
hearings.
- provides for civil fines for violators.
Sect. 25-81(f) - provides for rights of violators, payment
of fines, rights to appeal, and failure to
pay fines.
Sect. 25-81(g) - recovery of unpaid fines, liens, and
foreclosure.
CONCLUSION
The accumulation of unauthorized signs on public property are
detrimental to our existence as a tourist mecca.
This proposal provides procedures and fines to eliminate the visual
clutter that threatens the safety of pedestrians and our economic
well being.
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AGENDA
ITEM
DATE 3
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