Ordinance 97-3104ORDINANCE 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.
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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 of this 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.
5.
bttsirres3. 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.
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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.
10. 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.
11. 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:
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E 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.
such vehicle or othcr dcvicc.
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.
ail 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.
)c) 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
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election in which the proposition advertised was finally voted upon.
Lcjl Vehicles which require governmental identification, markings or insignias of a local, state
or federal government agency.
CO Signs that are authorized under Chapter 10-4(b) and 8A-276 of the Metropolitan Code of
Dade County.
(. 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
ATTEST:
CITY CLERK
1st reading 11/19/97
2nd reading 12/17/97
5
day of
December ,199 7.
ilf
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139
http:\ ci.miami-beach.fl.us
COMMISSION MEMORANDUM NOn (> 3 I
TO: Mayor Neisen Kasdin and
Members of the City Commission
FROM: Jose Garcia -Pedrosa
City Manager
DATE: December 17, 1997
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
THAT IS PARKED ON PUBLIC AND PRIVATE PROPERTY".
ADMINISTRATIVE 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.
AGENDA ITEM SA
DATE r2_---1-7--,9-7
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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.
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