ELECTION FREE SPEECH SIGNS
ELECTION/FREE SPEECH SIGNS
Thank you for taking the time out of your busy campaign schedule to learn about the rules
and regulations regarding the placement of temporary election/free speech signs within the
City of Miami Beach. I urge you to review these rules with your campaign volunteers. Copies
of the Miami Beach Code Section referenced herein are included herein.
Display of election/free speech signs on vehicles
Vehicles, including trailers, carrying or having attached advertising signs dealing with the
candidacy of individuals for elected office or advertising propositions to be submitted and
voted upon by the people are authorized to be parked on public or private property. Such
signs shall be removed within seven days after the date of the election. (See Sec. 138-61
(a)(2) of the Miami Beach City Code.)
Regulations of temporary election/free speech signs
Setback, height regulations for temporary election/free speech signs: Unless affixed to a
fence or an existing building, detached temporary election/free speech signs shall be
setback ten feet from any property line. The maximum height to the top of a detached
temporary election/free speech sign affixed to posts or a fence shall be five feet above
grade in single-family and multifamily residential districts, and 12 feet above grade in all
other districts. Maximum height to the top of a flat temporary election/free speech sign
affixed to a building shall not extend above the first floor in single-family and multifamily
residential districts and shall not extend above the second story of such building in all other
districts. (See Sec. 138-133 (b) of the Miami Beach City Code.)
Timeframe, removal: Temporary election/free speech signs shall only be allowed for a
period beginning with the temporary activity that is the subject of the sign, i.e. candidacy of
individuals for elected office or advertising propositions to be submitted and voted upon by
the people, and must be removed within seven days from the date of the election. (See Sec.
138-133 (c) of the Miami Beach City Code.)
Number: No more than one temporary election/free speech sign per residential or
commercial unit is permitted. (See Sec. 138-133 (d) of the Miami Beach City Code.)
Type: Temporary election/free speech signs may be flat wall signs, part of a fence, or rigid
detached signs, or affixed to posts. Banners are prohibited. The sign area for window signs
shall not exceed ten percent of total window area. (See Sec. 138-133 (f) of the Miami Beach
City Code.)
Size, single-family: The temporary election/free speech sign area in a single-family
residential district shall not exceed four square feet. (See Sec. 138-133 (g) of the Miami
Beach City Code.)
Size, multifamily: The temporary election/free speech sign area in a multifamily residential
district shall not exceed 16 square feet. (See Sec. 138-133 (h) of the Miami Beach City
Code.)
Size, all other districts. The temporary election/free speech sign area for all other districts
shall not exceed one square foot per three linear feet of street frontage, not to exceed 75
square feet. (See Sec. 138-133 (h) of the Miami Beach City Code.)
Election headquarter signs
The temporary election/free speech sign area in commercial or industrial districts for
campaign headquarters shall not have a sign area limitation. Each candidate may have four
campaign headquarters, which shall be registered with the City Clerk. (See Sec. 138-134 of
the Miami Beach City Code.)
If you have any questions regarding election/free speech signs, please do not hesitate to
contact the Code Compliance Department at 305.673.7555.
CITY OF MIAMI BEACH
CODE
ELECTION/FREE SPEECH SIGNS
ARTICLE III – SPECIFIC DISTRICT SIGN REGULATIONS
Sec. 138-61. Display of signs or advertisement on vehicles; prohibitions;
exemptions; penalties.
(a) Signs attached to or placed on a vehicle (including trailers) that is parked on public or
private property shall be prohibited. This prohibition, however, does not apply in the
following cases:
1. 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.
2. Vehicles carrying advertising signs dealing with the candidacy of individuals for
elected office or advertising propositions to be submitted and voted upon by the
people. This exemption, however, shall cease seven days after the date of the
election in which the person was finally voted upon.
3. Vehicles which require governmental identification, markings or insignias of a local,
state or federal government agency.
4. Signs that are authorized under chapter [section] 10-4(b) and BA-276 of the Code
of Miami-Dade County.
5. 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.
6. All allowable signs on vehicles, which are removable, are to be removed during
non-business hours.
(b) It shall be unlawful for any person to operate an advertising vehicle in or upon the
following streets and highways under the city's jurisdiction: all of Ocean Drive, and the
residential area bounded by and including 6th Street on the south, North Lincoln Lane on
the north, Lenox Avenue on the west, and Drexel Avenue and Pennsylvania Avenue on
the east. An advertising vehicle is any wheeled conveyance designed or used for the
primary purpose of displaying advertisements. Advertising vehicles shall not include or
attach any trailers or haul any other vehicle or trailer.
This section shall not apply to:
1. Any vehicle which displays an advertisement or business notice of its owner, so
long as such vehicle is engaged in the usual business or regular work of the owner,
and not used merely, mainly, or primarily to display advertisements;
2. Mass transit, public transportation;
3. Taxicabs; or
4. Any vehicle exempted under section 138- 61(a), above.
(c) Penalties. A violation of the provisions of subsection (a) shall be subject to the
enforcement procedures and fines set forth in chapter 30, article III of this Code. A
violation of the provisions of subsection (b) shall be subject to the penalties set forth in
section 1-14 of this Code. (Ord. No. 2016-4045, § 1, 10-19-16)
(Ord. No. 2016-4045, § 1, 10-19-16)
ARTICLE IV – TEMPORARY SIGNS
Sec. 138-133. Temporary signs regulations for business, real estate, construction,
and election/free speech signs.
(a) Purpose and intent. Temporary signs are being regulated equally, ensuring the same
setback, height, and other regulations for temporary signs. The terms “temporary
business, real estate, construction, and election/free speech signs” are by way of
example and are not meant to be utilized to improperly distinguish content. This section
should be constructed consistent with Reed v. Gown of Gilbert, Arizona, 135 S.Ct. 2218
(2015).
(b) Setback, height regulations for temporary business, real estate, construction, and
election/free speech signs. Unless affixed to a fence or an existing building. Detached
signs shall be setback ten feet from any property line. Maximum height to the top of a
detached sign affixed to posts or a fence shall be five feet above grade in a single family
and multifamily residential districts and 12 feet above grade in all other districts.
Maximum height to the top of a flat sign affixed to a building shall not extend above the
first floor in single-family and multifamily districts and shall not extend above the second
story of such building in all other districts.
(c) Timeframe, removal. Temporary signs shall only be allowed for a period beginning
with the temporary activity that is the subject of the sign and must be removed within
seven days from the date the temporary activity ceases. Temporary business signs may
be erected and maintained for a period not to exceed 30 days, except that the city
manager may approve an extension of time for the business to erect and maintain such
signs beyond the 30 days, after the manager finds that such extension is necessary to
mitigate the impacts of public construction on visibility of, or access to, the business.
Such extension beyond 30 days shall terminate concurrent with the termination of the
public construction.
(d) Number. There shall be a maximum of one temporary sign per street frontage, with
the exception of election/free speech signs. Which shall not exceed one temporary sign
per residential or commercial unit.
(e) Copy. Artistic murals or ornamental signs are permitted on construction fences
surrounding a construction site, subject to the provisions contained herein and design
review approval.
(f) Type. Signs may be flat wall signs, part of a fence, or rigid detached signs, affixed to
posts or
a construction fence. Banners are prohibited. The sign area for window signs shall not
exceed
ten percent of total window area.
(g) Size, single-family. The sign area for single-family signs shall not exceed four square
feet.
(h) Size, multifamily. The sign area for a multifamily zoning district shall not exceed 16
square feet.
(i) Size, all other districts. The sign area for all other districts shall not exceed one square
foot per three linear feet of street frontage, not to exceed 75 square feet.
(j) [Design review.] With the exception of election/free speech signs and temporary
window signs, all signs shall be reviewed under the design review process.
(Ord. No. 2106-4045, § 1, 10-19-16)
Sec. 138-134. Election headquarter signs.
The sign area in commercial or industrial districts for campaign headquarters shall not
have a sign area limitation. Each candidate may have four campaign headquarters,
which shall be registered with the city clerk.
(Ord. No. 2106-4045, § 1, 10-19-16)