Ordinance 94-2909 ORDINANCE NO. 94-2909
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE
CHAPTER 25, ENTITLED "OFFENSES-MISCELLANEOUS" ; AMENDING
SECTION 25-81, ENTITLED, "PLACING OF SIGNS ON PUBLIC
PROPERTY AND SIDEWALKS PROHIBITED; EXEMPTIONS;
ENFORCEMENT" BY MAKING IT UNLAWFUL TO KNOWINGLY PERMIT OR
EMPLOY ANY PERSON TO PLACE SIGNS ON PUBLIC PROPERTY OR
SIDEWALKS IN VIOLATION OF THIS SECTION" , ADDING
DEFINITIONS FOR "MEDIAN" , "OFFENSE" , "PERSON" AND "SWALE
AREA" ; ADDING AN EXEMPTION FOR CERTAIN TEMPORARY
DIRECTIONAL SIGNS; CLARIFYING PENALTIES FOR VIOLATIONS
AND PROVIDING FOR SUPPLEMENTAL METHODS OF ENFORCEMENT;
PROVIDING FOR REMOVAL OF ILLEGALLY POSTED SIGNS;
PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE
DATE.
WHEREAS, residents and business operators on Ocean Drive and
in other areas of the City of Miami Beach have expressed their
concern over the proliferation of handbills and posters which have
been affixed to public property and objects such as poles and
parking meters which are located on the public sidewalks; and
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, in order to improve aesthetics and safety in our City
it is necessary to prohibit businesses from employing other persons
for the purpose of posting unauthorized signs on public property in
Miami Beach in violation of Section 25-81 of the City Code .
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. AMENDMENT OF SECTION 25-81.
That Section 25-81, of Chapter 25 , entitled "Offenses-
Miscellaneous" of the Miami Beach City Code is hereby amended 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 sidewalk, building, fence, wall,
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boardwalk, pole,
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e�eeti ` i � lity compa y or other object or structure or upon
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a aidcwalk or objcct located upon a public sidewalk, swale
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area or median lo atcd within the City of Miami Beach.
(b) It shall be unlawful for any person to knowingly
authorize or employ any person to cause the placing, posting
or affixing of any sign not exempt pursuant to paragraph (c)
herein upon a public sidewalk, building, fence, wall,
boardwalk, pole or other object or structure located upon a
public sidewalk, swale area or median within the City of Miami
Beach.
(c)44a4- 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 .
(3) "Public" shall mean owned, operated or controlled by
a governmental entity.
(4) "Median" shall mean that area of the street between
vehicular traffic lanes and improved by concrete and/or
landscaping.
(5) "Offense" shall mean either an uncontested notice of
violation issued by a code inspector or a finding of
violation by a Special Master.
(6) "Person" shall mean any individual , trust, labor
union, partnership, limited partnership, corporation or
other business entity.
(7) "Swale Area" shall mean that area between the
property line and the back of the street curb on the edge
of the paved roadway.
(d) 4e4- Exemptions . The following shall be exempt from
paragraphs (a) and (b) 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
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temporary signs indicating danger.
(3) Historical markers approved by the City of Miami
Beach Historic Preservation Board.
(4) Temporary Special Public Event Directional Signs
approved pursuant to Subsection 9-4 of Zoning
Ordinance No. 89-2665 as amended.
(e) (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.
(f) (c) Civil fines for violators .
The following civil fines shall be imposed for each violation
of this article :
(1) First offense $50
(2) Second offense $250
(within one year of the first offense)
(3) Third offense/additional offenses $500
(within one year of the first offense)
(q) (f) 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 shall elect either to:
(i) 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.
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(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, and
amendments thereto.
(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.
(h) (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 (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.
i As an additional means of enforcement , the City may seek
injunctive relief and/or follow procedures to revoke an
occupational license/certificate of use as set forth in
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Chapters 8 and 20 of this Code when there are repeated
violations of this ordinance .
i The City may cause the removal at the violator' s expense of
signs posted in violation of this Section pursuant to Section
9 of City of Miami Beach Zoning Ordinance 89-2665 and
amendments thereto.
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 2nd day o March , , 1994 .
ATTEST:
MAYOR
CITY CLERK
(Requested by Commissioner Martin Shapiro . )
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FORM APPROVED
LEG EPT.
By
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Date 5" 2-45-15i
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OFFICE OF THE CITY ATTORNEY
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F L O R I D A
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LAURENCE FEINGOLD ':s�a�r ;h
CirY ATTORNEY 26 \`5 MIAMI BEACH.FLORIDA 33119-2032
TELEPHONE 305)673-7470
TELECOPY 1305)673-7002
COMMISSION MEMORANDUM NO: J DB-54
DATE: FEBRUARY 16, 1994
TO: MAYOR SEYMOUR GELBER
MEMBERS OF THE CITY COMMISSION
CITY MANAGER ROGER M. CARLTON
FROM: LAURENCE FEINGOLD 1
CITY ATTORNEY
SUBJECT: ORDINANCE ENABLING PROSECUTION OF ENTITIES RESPONSIBLE
FOR POSTING UNAUTHORIZED HANDBILLS AND SIGNS ON PUBLIC
PROPERTY.
The attached ordinance was drafted by our office by request of
Commissioner Martin Shapiro to strengthen the City' s ability to
control the illegal posting of unauthorized advertisements and
other such signs on public buildings, sidewalks, and objects
lawfully upon the sidewalks, swale areas and medians such as
parking meters and utility poles . Under our current City Code
Section 25-81, posting of unauthorized flyers and signb in such
places is prohibited. However, the current Ordinance merely
provides for prosecution of persons doing the posting and does not
provide for prosecution of the entity which is actually doing the
illegal advertising and is hiring persons to do the posting. Thus
the current Ordinance does not allow us to reach the real source of
the problem. The attached Ordinance amends Section 25-81 to also
provide for prosecution of the entity hiring persons to violate the
City' s regulations .
Additionally, the attached Ordinance clarifies the meaning of
the word "offense" as used in the Ordinance so that "offense"
clearly denotes a notice of violation which is uncontested or a
finding of violation by a Special Master. The ordinance also
provides for enforcement against persistent violations by
injunction proceedings and/or occupational license/certificate of
use revocation. The ordinance also references Section 9 of the
Zoning Ordinance which allows for removal by the City at the
violator' s expense of unauthorized signs posted on public property.
The exemptions provision of the current Ordinance has been
expanded to include temporary special public event direction signs
authorized pursuant to Subsection 9-4 of the Zoning Ordinance .
This addition is necessary to update the Ordinance in keeping with
the recently enacted revisions to the sign provisions of the Zoning
Ordinance.
It is my belief that the attached Ordinance will provide the
City with a useful tool for controlling litter and improving safety 417"
and aesthetics in the City.
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AGENDA 2 _ Q
ITEM J L
DATE 3-2- i
1700 CONVENTION CENTER DRIVE- FOURTH FLOOR - MIAMI BEACH, FLORIDA 33139
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