2001-3318 ORD
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ORDINANCE NO. 2001-3318
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE
OF THE CITY OF MIAMI BEACH, FLORIDA, CHAPTER 82,
"PUBLIC PROPERTY," ARTICLE IV, "USES IN PUBLIC RlGHTS-
OF-WAY," DIVISION 6, "PROHIBITED SIGNS OVER PUBLIC
PROPERTY," TO ADOPT A NEW SECTION 82-414, ENTITLED
"PERMITTED SIGNS, SHELTERS AND ADVERTISING IN PUBLIC
RIGHTS-OF-WAY," TO CLARIFY THE CITY'S AUTHORITY TO
PLACE SIGNS IN THE PUBLIC RIGHT-OF-WAY, INCLUDING
DIRECTORY SIGNS, AND SIGNS ASSOCIATED WITH BUS
SHELTERS, WHICH MAY INCLUDE ADVERTISING, PROVIDING
FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission has determined that it is in the best interests of
the City to initiate a new program allowing the placement and replacement of directory signs
and bus shelters in the public rights.of-way of the City; and
WHEREAS, the signs and shelters will include advertising to generate revenue to
support the cost of the signs and shelters, and for other purposes; and
WHEREAS, it is necessary and appropriate to clarify the City's authority to place
such signs and shelters in the public rights-of-way with the associated advertising.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 82, "Public Property," Article IV, "Uses in Public Rights.of-
Way," Division 6, "Prohibited Signs Over Public Property," is hereby amended by adding
the following new section 82-414, which reads as follows:
Sec. 82-414. Permitted Sie:Ds. Shelters and Advertisine: in Public Rie:hts-of-Wav.
Notwithstandinl! any other prohibitions in this Code to the contrary. the Citv mav place. or
contract to place. directory signs and bus shelters in the Ilublic rights-of-wav. with
advertisinl! thereon. Such signs and shelters shall be subiect to all applicable permitting
requirements and design reviews as provided for in the Land Development Regulations.
Sees. 82 414 82-415 - 82-435. Reserved.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the
provisions of this ordinance shall become and be made part of the Code ofthe City of Miami
Beach as amended; that the sections of this ordinance may be renumbered or relettered to
accomplish such intention; and that the word "ordinance" may be changed to "section" or
other appropriate word.
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. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED .... ADOPTED \hi. 5<h "" of "'lfI!:l.
AI OR
ATTEST~d' f ~tk-
-4ITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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City Attorney
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Date
F:\ATTO\HELG\Ordinances\Signs\Signs-row.ord.wpd - amended September 5, 2001
2
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Neisen O. Kasdin and DATE: September 5,2001
Members ofthe City Commission
Jorge M. Gonzalez ~ .A~
City Manager () Y - 0 SECOND READINGIPUBLlC HEARING
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA CHAPTER 82, "PUBLIC
PROPERTY," ARTICLE IV, "USES IN PUBLIC RIGHTS-OF-WAY,"
DIVISION 6, "PROHIBITED SIGNS OVER PUBLIC PROPERTY," TO
ADOPT A NEW SECTION 82-414, ENTITLED "PERMITTED SIGNS,
SHELTERS AND ADVERTISING IN PUBLIC RIGHTS-OF-WAY," TO
CLARIFY THE CITY'S AUTHORITY TO PLACE SIGNS IN THE PUBLIC
RIGHT-OF-WAY, INCLUDING DIRECTORY SIGNS, AND SIGNS
ASSOCIATED WITH BUS SHELTERS, WHICH MAY INCLUDE
ADVERTISING, PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
ADMINISTRATIVE RECOMMENDATION
Adopt the Ordinance.
ANAl. YSIS
Like most cities throughout the world, the City of Miami Beach has allowed limited advertising in
the public right-of-way as a means of offsetting the costs associated with providing public bus
shelters, and more recently (April 18, 2001) directory signage on Lincoln Road.
The proposed Ordinance creates a new section (82-414) of the Public Property Code which addresses
"uses in the public right-of-way"; Division 6- "Prohibited signs over public property" is amended
by this Ordinance. The Ordinance clearly articulates the city's authority to place such signs and
shelters in the public right-of-way with the associated advertising. This new section overrides any
other prohibitions in the Code to the contrary, and protects the city's interest by requiring that all
permitting requirements and design reviews required in the Land Development Regulations be
adhered to. The proposed ordinance also limits the types of structures in the public right-of-way
which may include advertising to bus shelters and directory signage, thereby allaying any concerns
of unbridled commercialization.
AGENDA ITEM
RS/3
1- 0.-of
DATE
CONCLUSION
The City Commission unanimously approved the Ordinance on First Reading at the July 18,2001
Commission Meeting. Upon passage of the Ordinance, the City Code will be specific to allowable
advertising in the public right-of-way. Current bus shelter advertising and Lincoln Road directory
signage will be identified in the City Code. For the aforestated reasons, the City Commission
should adopt the Ordinance.
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