2001-3312 ORD
ORDINANCE NO. 200t~33~2:'
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA
AMENDING CHAPTER 82 OF THE MIAMI BEACH CITY
CODE ENTITLED "PUBLIC PROPERTY" BY AMENDING
SECTION 82-412 THEREOF ENTITLED "POSTING OF
SIGNS ON UTILITY COMPANY PROPERTY OR PUBLIC
PROPERTY PROHIBITED; ENFORCEMENT; FINES;
APPEAL"; BY AMENDING SUBSECTION (A) THEREOF TO
CLARIFY THAT THE OWNERS AND/OR BENEFACTORS
OF PROHIBITED SIGNS SHALL BE SUBJECT TO THE
ENFORCEMENT PROCEDURES OF SAID SECTION;
PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the proposed amendment will clarify the City Code that the owners and/or
benefactors of prohibited signs shall be deemed violators under Section 82-412 of the City Code and
subject to the enforcement procedures set forth therein, and
WHEREAS, said amendment will clarify and conform the City Code to existing case law
holding benefactors of signs liable for violations of Section 82-412 of the City Code; and
WHEREAS, the proposed amendment will also clarify that enforcement concerning
prohibited signs shall be as outlined in Section 82-412 of the City Code.
NOW THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. AMENDMENT OF SECTION 82-412 OF THE CITY CODE.
That Chapter 82, Division 6, Section 82-412 entitled "Posting of signs on utility company
property or public property prohibited; enforcement; fines; appeal" of the Code of the City of Miami
Beach, Florida is hereby amended to read as follows:
Division 6. Prohibited Signs Over Public Property.
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Sec. 82-412. Posting of signs on utility company property or public property prohibited;
enforcement; fines; appeal.
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U!} Generally. It shall be unlawful for any person to place, post or affix, own. or be the
benefactor of the placing. posting. or affixing of. any sign upon a public sidewalk, building, fence,
wall, boardwalk, pole, apparatus or equipment belonging to an electric utility company or other
object or structure located upon a public sidewalk, swale, area or median within the city. In addition
to anv other remedv available bv law or ordinance, enforcement against the owner or benefactor
and/or person who placed. posted or affixed the sign shall be as outlined in this Section.
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SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity .
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the Code
of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered
to accomplish such intention, and the word "ordinance" may be changed to "section", "article," or
other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the28.th day of
July
,2001.
PASSED and ADOPTED this 18th day of
July
,2001.
ATTEST:
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CITY CLERK
IPPftCNED NJ'IO
FORM. i.ANG\,Wia
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CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of
Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 .Convention Center Drive, Miami
Beach, Florida, on Wednesday, July 18, 2001, at the times listed below, to consider the adoption of the
following ordinances:
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at 11:15 a.m.: . . .
AN ORDINANCE AMENDING CHAPTER 82. OF THE MIAMI BEACH CITY CODE ENTITLED "PUBLIC
PROPERTY" BY AMENDING SECTION 82-412 THEREOF ENTITLED "POSTING OF SIGNS ON UTILITY
COMPANY PROPERTY OR PUBLIC PROPERTY PROHIBITED: ENFORCEMENT; FINES: APPEAl:': BY
AMENDING SUBSECTION (A) THEREOF TO CLARIFY THAT THE'"OWNERS AND/OR BENEFACTORS OF
PROHIBITED SIGNS SHALL BE SUBJECT TO THE ENFORCEMENT PROCEDURES OF SAID SECTION;
PROVIDING FOR CODIFICATiON, REPEALER, SEVERABILiTY, AND AN EFFECTIVE DATE.
Inquiries may be directed to' the Legal Departmentat (305) 673.74-0.'
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AN ORDINANCE AUTHORIZING STREET PERFORMERS AND ART VENDORS IN PUBLIC AREAS' ~
FOLLOWING RECEIPT OF A PERMIT, SUBJECT TO CERTAIN CONDITIONS AND A PERMIT FEE; '~
PROVIDING DEFINITIONS, SETTING FORTH TERMS, CONDITIONS AND REGULATIONS FOR PERMITS ...
ISSUED TO STREET PERFORMERS AND ART VENDORS: PROViDING FOR ENFORCEMENT, ;
SUSPENSION OR REVOCATION: PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI ...
BEACH, FLORIDA, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. ~
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at 5,01 p.m.: ~
AN ORDIN.ANCE AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODe OF THE.CITY OF ill
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 130, "OFF-STREET PARKING," SECTIO~ 130-69.5, i!i:
"ADDITIONAL REQUIREMENTS," TO CLARIFY THE REQUIREMENTS FOR PARKING GARAGES OR LOTS
DESIRING TO OPERATE PAST MIDNIGHT; AMENDING CHAPTER 118, ARTICLE IV, "CONDITIONAL USE Ii
PROCEDURE," SECTION 118-194, "COMPLIANCE WITH CONDITIONS," AND ARTICLE VIII, "PROCEDURE
FOR VARIANCES AND ADMiNISTRATIVE APPEALS," SECTION 118-356, "REVOCATION OR
MODIFICATION OF VARIANCE," TO AMEND THE PROCEDURES APPLICABLE TO PLANNING BOARD
AND BOARD OF ADJUSTMENT REVOCATION OR MODIFICATION OF CONDITIONAL USE APPROVALS
OR VARIANCES WHERE THE APPLICANT EXHIBITS REPEATED OR INTERMITTENT NONCOMPLIANCE
WITH THE CONDITIONS OF SUCH APPROVALS: AMENDING CHAPTER 118, ARTICLE X, HISTORIC.
PRESERVATION, SECTION 118-503, "SCOPE AND EXEMPTIONS," AND SECTION 118.561, "GENERAL
REQUIREMENTS," TO CLARIFY THAT CERTIFICATES OF APPROPRIATENESS ARE REQUIRED PRIOR
TO ANY TEMPORARY OR PERMANENT MODIFICATION TO A BUILDING OR SITE: PROVIDING FOR
INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, REPEALER, SEVERABILITY, AND
AN EFFECTIVE DATE, .
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Inquiries may be directed to the City Manage~s Office at (305) 673-7010..
Inquiries may be directed to the Legal Department at (305) 613-7470.
ALL INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to
express their views in writing addressed to the City Commission, clo the City Clerk, 1700 Convention Center
Drivli, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of these ordinances are available for public
inspection during norma' business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor,
City Hall, Miami Beach, Florida 33139. This meeting may be continued and under such circumstances.
additional legal notice would not be provided. . .
Robert E, Parcher, City Clerk
City.of Miami Beach
P-I!'1'uant to Section 286.0105, Fla. Stat., the City hereby adVises the public thaI: if a person decides to appeal
'Sny decision made by the City Commission with respect to any mailer considered at ~s meeting or its hearing,
such person must ensure that a verbatim record of the prpceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based, This notice does not constitute consent by the
City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize
challenges or appeals not otherwise allowed by law,
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"In accordance with the Americans with Disabllit.ies Act of 1990, persons needing special accommodation to
participate in this prpceedingshould contact the City Clerk's office no later than four days prior to the
proceeding, telephone (305) 673-7411 for assistance; if hearing impaired, telephone the Florida Relay Service
I numbers, (800) 955-8nl (TOO) or (800) 955.8nO (VOICEI, for assistance,
(Ad # 0033)
OFFICE OF THE CITY ATTORNEY
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MURRAY H. DUBBIN
City Attorney
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM NO. I.tb9-o{
TO:
Mayor Neisen O. Kasdin and
Members ofthe City Commission
Murray H. Dubbin ~
City Attorney
DATE: July 18, 2001
FROM:
SECOND READlNGIPUBLlC HEARING
Robert Dixon
Deputy City Attorney
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA AMENDING CHAPTER 82 OF THE
MIAMI BEACH CITY CODE ENTITLED "PUBLIC PROPERTY" BY
AMENDING SECTION 82-412 THEREOF ENTITLED "POSTING OF SIGNS
ON UTILITY COMPANY PROPERTY OR PUBLIC PROPERTY
PROHIBITED; ENFORCEMENT; FINES; APPEAL"; BY AMENDING
SUBSECTION (A) THEREOF TO CLARIFY THAT THE OWNERS AND/OR
BENEFACTORS OF PROHIBITED SIGNS SHALL BE SUBJECT TO THE
ENFORCEMENT PROCEDURES OF SAID SECTION; PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE
DATE.
In order to clarify the City Code that owners and/or benefactors of prohibited signs shall be
deemed violators under Section 82-412 and subject to the enforcement procedures set forth therein,
the above referenced Ordinance is recommended for adoption by the Mayor and City Commission.
Please note this Ordinance tracks the Miami-Dade County Ordinance and caselaw which has
been decided on said Ordinance.
cc: Jorge M. Gonzalez
City Manager
F:\ATTO\TURN\COMMMEMO\POSTSIQ2.0RD
1700 Convention Center Drive -- Fourth Floor -- Miami Beal
Agenda Item Rsf/
Date 7-/f?-<J1