2001-3327 ORD
ORDINANCE NO. 2001-3327
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA
AMENDING CHAPTER 138 OF THE MIAMI BEACH CITY
CODE ENTITLED "SIGNS" BY AMENDING SECTION 138-
74 THEREOF ENTITLED "DISPLAY OF SIGNS OR
ADVERTISEMENT ON PARKED VEHICLES PROHIBITED"
BY EXPANDING THE PROHIBITION OF ADVERTISEMENT
ON VEHICLES TO PROHIBIT ADVERTISING VEHICLES
OPERATING 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; PROVIDING
FOR EXEMPTIONS; PROVIDING FOR PENALTIES; AND
PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of Miami Beach, Florida find that
it is in the best interest of traffic regulation and safety, and aesthetic improvement within the City
to establish additional regulations and penalties regarding the placement of signs or advertisements
on vehicles.
NOW THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. AMENDMENT OF SECTION 138-74 OF THE CITY CODE.
That Chapter 138, Section 138-74 entitled "Display of signs or advertisement on parked
vehicles prohibited" ofthe Code of the City of Miami Beach, Florida is hereby amended to read as
follows:
Sec. 138-74. Display of signs or advertisement on parlttd vehicles prohibited; exemptions;
penalties.
W 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:
I. 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. This exemption, however, shall cease seven days after the
date of the election in which the person was finally voted upon.
3. Vehicles carrying advertising signs, 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 proposition advertised was
finally voted upon.
4. Vehicles which require governmental identification, markings or insignias of
a local, state or federal government agency.
5. Signs that are authorized under Chapter IO-4(b) and 8A-276 of the
Meh:6I'6litan Code ofMiarni-Dade County.
6. 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.
7. All allowable signs on vehicles which are removable are to be removed
during nonbusiness hours.
D21 It shall be unlawful for any person to operate an advertisini: vehicle in or llPon the
followinl,t streets and hil,thw1\Ys under the City's iurisdiction: all of Ocean Drive. and the residential
area bounded by and includinl,t 6th Street on the south. North Lincoln Lane on the north. Lenox
A venue on the west. and Drexel Avenue and Pennsylvania A venue on the east. An advertisinl,t
vehicle is any wheeled conveyance designed or used for the urimarv pw:pose of displayinl,t
advertisements. Advertisinl,t vehicles shall not include or attach any trailers or haul any other vehicle
or trailer.
L This section shall not ap\)ly to:
ll. Any vehicle which di!iP1ays an advertisement or business notice of its
owner. so loni: as such vehicle is en~a~ed in the usual business or
regular work of the owner. and not used merely. mainlv. or primarilv
to di!iPlav advertisements:
2
Q. Mass transit. public transportation (includinl1. but not limited to.
buses and the Electrowave):
\;. Taxicabs: or
d. Any vehicle exempted under Section I 38-74( a) above.
W 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 subiect to the penalties set forth in Section 1-14 of this Code.
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 renwnbered 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 ten days following adoption.
3
PASSEDandADOPTEDthis 17th day of October ,2001
ATTEST:
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CITY CLERK
Ordinance No. 2001-3327
F:\A lTO\TURN\ORDINANClADVER VEH.RV4
9/12/01
MAY~
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
J1AJ ~ C7)-Jl--d}
~ity Attorney ; Date
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CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
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NOTICE IS HEREBY given thai 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, October 17, 2001, at the times listed below, to consider the adoption 01 the following ordinances:
at 10:358.m.:
AN ORDINANCE AMENDING ORDINANCE NO. 789. THE CLASSIFIED EMPLOYEES' SAlARY ORDINANCE, FOR THE GROUP I CLASSIFICATION, BEING THE
CLASSIACATlONS COVEREO BY THE MIAMI BEACH MUNICIPAL EMPLOVEES, AFSCME LOCAL NO. 1554, IN ACCORDANCE WITH THE NEGOTIATED AGAEEMENT;
RETROACTIVElY INCREASING ON THE FIRST PAY PERIOD STARTING APRil 23, 2001 THE MINIMUM OF THE RANGES BY APPflOXlMATElY 14.6% AND THE
MAXIMUM OF THE RANGES BY 4% TO REFLECT THE CURRENT CLASSIFICATION AND PAY SYSTEM; INCREASING THE SALARY OF EACH EMPLOYEE,
RETROACTIVELY BY 4% EFFECTIVEwtTH THE FIRST PAY PERIOD STARTING ON OR BEFORE APRil 23, 2001; BARGAINING UNIT EMPloYEES SHAll RECEIVE AN
ACROSS THE BOARD INCREASE OF FOUR PERCENT (4%) WITH THE FIRST PAY PERIOD STARTING ON OR BEFORE APRil 22, 2002, AND A FOUR PERCENT l4%)
INCREASE TO THE MINIMUM AND THE MAXIMUM OF THE RANGES; AND AN ACROSS THE BOARD INCREASE OF FOUR PERCENT (4%) WITH THE FIRST PAY
PERIOD STARTING ON OR BEFORE APRil 30, 2003, AND A FOUR PERCENT (4%) INCREASE TO THE MINIMUM AND THE MAXIMUM OF tHE RANGES; PROVlDlNG
FOR A REPEALER; SEVERABIUTY; CODIFICATION AND EFFECTIVE DATES,
Inqulrles may be dlrecled 10 the Human Resources Deparlment at (305) 673-7524,
lIt10:40a.m.:
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE Ill, OFTHE MIAMI BEACH CITY CODE. ENTlTlED'AGENCIES, BOARDS I>NDCQMMITTEES";AMENDING DtvtSION
2B, SECTION 2.190,127 THEREIN, WHICH ESTABUSHEDTHE MEMBERSHIP AND PURPOSE OF THE GENERAl OBLIGATION BONO MRSIGHT COMMmEE' SAID
AMENDM~NT CHANGING THE MEMBER FROM THE COMMUNITY DEVELOPMENT AOIISORY COMMITTEE AND THE MEMBER FROM THE CITY'S HISTORIC
PRESERVATION BOARD, RESPECTIVELY, FROM NON.VOTING MEMBERS, TO VOTING MEMBERS OF THE COMMlTTEE; PROVIDING FOR SEVERABILITY;
CODIFK;ATION; REPEALER;AND AN EFFECTIVE DATE
Inquires may be directed 10 lhe Legal Department at (305) 673-7470
aI10:45a,m,;
AN ORDINANCE AMENDING THE lAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH. FLORIDA, AMEND1NG CHAPTER 118,
"ADMINISTRATIVE AND REVIEW PROCEDURES; ARTICLE VII, 'DIVISION OF LANOI1..OT SPliT;' BY AMENDING SECTION 118<321 "rflOCEDlJRE," BY EUMINATING
THE REVIEW BY THE PLANNING DIRECTOR AND REOUIRING All REQUESTS FOR DIVISION OF LAND TO BE REVIEWED BY THE PLANNING BOARD', BY
AMENDING SECTION 118-323 "APPEAL PAOCEDURES,"BY ELIMINATING THE APPEAL OFTHE DECISION OF THE PLANNING DIRECTORTOTHE PLANNING BOARD,
AND BY CLARIFYING REVOCATION PROCEDURES: BY AMENDING "APPENDIX A, FEE SCHEDULE - ARTICLE VU, DIVISION OF l.ANOA.OT spur BY ADJUSTING THE
FEES PERTINENT TO THESE PROCEDURES; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA; REPEALER;SEVERABIUTY; AND
AN EFFECTIVE DATE.
Inquiries may be directed 10 the Planning Department at (305) 673-7550.
at 10:50 a.m.:
AN ORDINANCE OFTHE MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA, AMENDING VARIOUS SECTIONS OFTHE CITY CODE, INCLUDING THE LAND
DEVElqPMENT REGULATIONS, CONCERNING ART IN PUBliC PLACES, AND INVOLVEMENT IN THE SELECTION OF PlJaUC ART BY THE DESIGN REVIEW AND lHE
HISTORIC PRESERVATION BOARDS: AMENDING CHAPTER 82. ARTICLE VII, ART IN PUBLIC PlACES, DIVISION 1, SECTION 82.537, DEFINITIONS, TO ADD TWO
MEMBERS OF lHE DESIGN REVIEW 00 HISTORIC PRESERVATION BOARDS TOTHE PROFESSIONAl.. AlNlSORY COMMITTEE, DEPENDING UPON THE lOCATION
OF THE PROJECT AND THE RESPECTIVE; BOARD'S JURISDICTION: AMENDING SECTION 112.6\2 TO PROVIDE THAT IN THE ABSENCE OF A PROFESSIONAL
ADVISORY COMMITIEE, THAT THE DESIGNATED DESIGNS REVIEW OR HISTQflIC PRESERVATION BOARD MEMBERS SHALL SERVE AS SUCH COMMITIEE TO
ADVlSE THE ART IN PUBLIC PlACES COMMITTEE;AMENDlNG SECTIONS 118.71(2l AND 11S.102(3)TO PROVIDE THAT THE JURISDICTION OFTHE DESIGN REVIEW
AND HISTORIC PRESERVATION BOARDS SHAll BE AOIISOAY TO THE ART AND PUBLIC PLACES COMMITTEE ON THE SELECTION OF WORKS OF ART, AND TO
PROVIDE THAT SUCH AtNlCE BE PROVIDED PRIOR TO THE ART IN PUBLIC PLACES COMMlTTEE'S RECOMMENDATION TO THE ClfY COMMISSION; PROVIDING
FOR CODIFICATION: SEVERABILITY; REPEALER AND AN EFFECTIVE DATE
Inquiries may be directed to lhe Arls. Cullural and Entertainment Department at (305) 673-7577,
aI10:55a.m.:
AN OODINANCE AMENDING CHAPTER 13rl, "SIGNS" OFTHE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING SECTION 138-6, 'SIGNS lOCATED ON
THE UNDERSIDE OF AWNINGS OR CANOPIES;" TO CLARIFY THE REQUIREMENTS FOR AWNING SIGNS: AMENDING SEC. 138.10, 'SIGNS FOR lEGAL
NONCONFORMING USES AND LEGAL NONCONFORMING SIGNS" TO INCLUDE PR{Jo,IISIONS FOR RESTORATION AND REPlACEMENT OF HISTORIC SIGNS;
AMENDING SEC 138.72, "PENNANTS,I3ANNERS, STREAMERS, FLAGS AND FLAGPOLES', TO INCLUDE PAOV1SIONS TO N...LON REPLACEMENT OF HISTORIC
FlAGS: AMENDING SEC. 13B-139, "MAJOR CULTURAL INSTITUTIONS TEMPORARY BANNER' TO INCLUDE PROVISIONS FOR ALL CULTURAL INSTITUTIONS:
PROVIDING FOR INCLUSION INTHE CODE OFTHE CITY OF MIAMI BEACH, FLORIDA: REPEALER: SEVERAB1UTY;AND AN EFFECTIVE DATE
aI11:30a,m,~
AN ORDINANCE AMENDING CHfIf'TEf1138 OFTHE MIAMI8EACH CITY CODE ENTITlED'SIGNS"BY AMENDI~ SECTION 13S.74 THEREOf ENTITlED"OISPLAY OF
SIGNS OR ADVERTISEMENT ON PARKED VEHICLES PROHIBITED' BY EXPANDING THE PROHIBITION OF ADVERTISEMENT ON VEHICLES TO PROHIBIT
ACNERTISING VEHICLES Of'ERIITING IN OR UPON THE FOlLOWlNG STREETS AND HIGHWAYS UNDER THE CITY'S JURISDICTION: All OF OCEAN DRIVE AND
THE RESIDENTIAL AREA BOUNDED BY AND INClUD!NG 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; PROVIDING FOR EXEMPTIONS; PROVIDING FOR PENALTIES: AND PROVIDING FOR
CODIFICATION: REPEALER: SEVERABllITY;AND AN EFFECTIVE DATE.
aI5:01p,m.:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE PlAN BY CHANGING THE FUTURE LAND USE CATEGORY FOR THE PROPERTY KNOWN AS THE "AlASKA' PARCEL, A PARCEL OF UNPlATTED
LAND OF APPI10XIMATRY 3.4 AGRES, lOCATED NORTHWEST OF SOUTH POINTE PARK, FflOMTHE CURRENT MA, MARINE RECREATIONAL, TOTHE PROPOSED
FUTURE LAND USE CATEGORY CPS.3, COMMERCIAL INTENSIVE MIXED USE; DIRECTING TRANSMITTALS OF THIS ORDINANCE AND All APPLICABLE
DOCUMENTS TO AFFECTED AGENCIES: PROVIDING FOfl REPEALER; SEVERABILITY; INClUSION IN THE COMPREHENSIVE PLAN AND AN EFFECTIVE DATE.
a15:01 p,m.;
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE OFFICIAL ZONING DISTRICT MAP,
REFERENCED IN SECTION 142.72 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE
PROPERTY KNOWN AS THE "ALASKA" PARCEL, A PARCEL OF UNPLATTED LAND OF APPROXIMATelY 3,4 ACRES, lOCATEO NORTHWEST OF SOUTH POINTE
PARK, FROM THE CURRENT MR. MARINE RECREATIONAl, TOTHE PROPOSED ZONING ClASSIFICATION CPS.3 COMMERCIAL INTENSIVE MIXED USE, THEREBY
INCREASING THE FLOOR AREA RATIO (FAR) FROM 0.25 AS PERMITTED IN THE MR ZONING DISTRICT, TO 2.50 FAR AS PERMlnED IN THE CPS-3 ZONING
QlSTJlICT: PROVIDING FOR REPEALER: SEVERABILITY: If\X;lUSION; AND AN EFFECTIVE DATE.
Inquiries may be direcled 10 the Planlling Department at (305) 673-7550.
at5:25p,m.:
AN ORDINANCE AMENDING THE lAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142.
'ZONING DIS1RICTS AND REGULATIONS," BY AMENDING DIVISION 11 '1.1 LIGHT INDUSTRIAL DISTRICT," BY AMENDING SECTION 142-481 "PURPOSE," BY
INCLUDING OFFICES: SECTION 142-482. BY AMENDING SECTION 142-484 (2), 'ACCESSORY USES," BY ELIMINATING ACCESSORY OUTDOOR BAR COUNTERS AS
AN ACCESSORY USE IN THE 1,1 DISTRICT; BY AMENDING SECTION 142..485 'PROHIBITED USES," TO INCLUDE BARS, DANCE HAllS OR ENTERTAINMENT
ESTABLISHMENTS NOT ALSO OPERATING AS RESTAURANTS AS PROHIBITED USES IN THE 1.1 DISTRICT; BY AMENDING DIVISION 5. "CD-2 COMMERC!Al.
MEDIUM INTENSITY DISTRICt' SECTION 142.3ll2 "MAIN PERMITTED USES' BY CREATING AN OVERLAY DISTRICT IN THE PUR[1'{ AVENUE/OADE BOULEVARD
AREA PROHIBITING BAnS, DANCE HALLS OR ENTEflTNNMENT ESTABlISHMENTS NOT ALSO OPERATING AS RESTAURANTS: PROVIDING FOR INCLUSION INTHE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA; REPEAlER; SEVERABILITY: AJI,() AN EFFECTIVE DATE.
Inquilies may be direcled 10 \lIe Planning Department at (305) 673.7550.
All INTERESTED PARTIES are inviled to appear at lhls IT1el:!ling, or be represellled by an agent, or to llXpfess their views in writirg addresses to ltle ~ Commission, c/o the
City Clerk, 1700 Corweolion Center Drive. ls1 Floor, City Hall, Miami Beach, Florida 33139, Copiesol!hese ordinances are aVaia~e bf public Inspedion during normal business
hours in lhe City Clerk's O~ice, 1700 Con~fIlion Cl'Jnt~r Drive, 1s1 Floor, City Hall, Miami Beactl, F\otida 33139, This meeling may be continued and under such circumstances
ar.kliliorlallegalooljcewouklnolbeprO\/ided.
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City oIMiami Beach
Pursuanllo Seclion 286,0105, FIa, Stat, Iha City hereby a<Mses!he ~Iblic lhal: If a pel'SOfl daciOOs to appeal any clecislon made by ltle CiIy Commission with respecllo any
matter cor.sidefecl at iI! meeting or ils heaJiog, w::h person mlle1ll!1SUre lha! a \lE!rba~m record of lt1e proceedrq; is made, wtid1 recoro ndudes the testimony and evidence
upm which lhe aJl!)e31 is to be oosed, This noIice does 001 conslllUle consent by !he CiIy for \he introduction or admis$loo of olherwise InadmisSible or ilTEllewnl evIcIerl;e, nor
does~auRloril8chal\engesora~alsnotolherwtsealowedbylaw,
In accordance wilh the Americans wilh Dlsabil~ies Act 011900, persons netldiog special accommodation \0 partic\:lal9 in this proceeding shOuld Cl;JOlacllt19 City Clerk's office 00
lalf1rlh;lnfourdayspriorlolheproce(l(~ng.lele~(3115)67J.7411!orassislaoce;Hhearingimpaired,teIephonetl9FloridaF\elaySeNiC1! numbers, (000) 955-B771 (lOO}or
(0001 SS5-B770 (VOICE),1Of asSislance ' " .. '.' t .. ' .
ArJ~49
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
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COMMISSION MEMORANDUM
FROM:
Mayor Neisen Kasdin and
Members of the City Commission
Jorge M. Gonzale~ A~
City Manager (f- 0
Ordinance. Roaming Billboards
DATE: October 17, 2001
TO:
SECOND READING
SUBJECT:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA AMENDING CHAPTER 138 OF THE MIAMI
BEACH CITY CODE ENTITLED "SIGNS" BY AMENDING SECTION 138.74
THEREOF ENTITLED "DISPLAY OF SIGNS OR ADVERTISEMENT ON
PARKED VEHICLES PROHIBITED" BY EXPANDING THE PROHIBITION
OF ADVERTISEMENT ON VEHICLES TO PROHIBIT ADVERTISING
VEHICLES OPERATING 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; PROVIDING FOR
EXEMPTIONS; PROVIDING FOR PENALTIES; AND PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE
DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance
ANALYSIS
An Ordinance amending the Land Development Regulations (LOR's) of the City Code to
prohibit roaming advertisements on vehicles was referred to the Planning Board by the City
Commission on July 12, 2000, The draft Ordinance was prepared by the staff of the City
Attorney's Office for review by the Planning Board at its August 22, 2000 meeting,
Review by City Advisory Boards
The Transportation and Parking Committee discussed the original ordinance at its August
7,2000 meeting, The Committee voted to urge the City Commission to enact legislation
AGENDA ITEM
R)F
10-17-0 I
DATE
T:\AGENDA\2001\SEP2001\REGUlAR\1471CCME.WPD
Commission Memorandum
September 20,2001
Ordinance - Roaming Billboards
Page 2
to restrict and regulate these types of vehicles within the South Beach Transportation
Concurrency Management Area.
The Planning Board discussed the proposed amending Ordinance at its August 22, 2000
meeting, and voted 4-3 to recommend approval. The Planning Board affirmed that the
Ordinance should only apply to "advertising vehicles," and not apply to regular delivery
trucks that happened to have signs painted on their exteriors.
On November 29, 2000, the City Commission did not pass the Roaming Billboards
ordinance (vote: 4-3 - five votes in favor required for passage). On September 5,2001, the
City Commission discussed the ordinance and requested that it be brought back for
consideration at a public hearing. The Commission also discussed the possibility of
amending the areas affected by the ordinance.
Recently, there has been a marked increase of vehicles hauling trailers carrying large
billboards or advertising signs on the roadways of the more crowded sections of the City.
These "advertising vehicles", which often consist of nothing more than a large, brightly
painted general advertising sign, present a problem in that they have the potential for
creating additional traffic on the City's already crowded roadways, without fulfilling any
transportation purpose other than to display general advertising.
Currently, the City Code prohibits the display of signs or advertisement on parked vehicles,
with certain exceptions. The exceptions are primarily for vehicles displaying identification
of a firm or its principal products operating during the normal hours of business or parked
at the owner's residence, or displaying political advertising signs for elections.
This proposed Ordinance would extend this prohibition to moving "advertising vehicles" as
described above. It would prohibit signs attached to or placed on an advertising vehicle
in or upon any roadway in certain specified areas within the City in which the public has the
right of travel. For purposes of this Ordinance, an advertising vehicle is defined as any
wheeled conveyance designed or used for the primary purpose of displaying
advertisements.
Exemptions to this provision would be made for buses and taxicabs and for 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. Political advertising is also exempted from the
provisions of the ordinance, on constitutional grounds.
Enforcement
Enforcement of this ordinance will be the responsibility of the Code Compliance
T:\AGBNDA\2001\SEP200I\REGULAR\147ICCME.WPD
Commission Memorandum
September 20, 2001
Ordinance - Roaming Billboards
Page 3
Department, subject to the provisions of Chapter 30, Article III of the City Code. The
penalties would fall under the provisions of Section 1-14, which provide for a fine not
exceeding $500.00 or by imprisonment for a term not exceeding 60 days, or by both such
fine and imprisonment.
The proposed amendment which is before the Commission today would establish
additional regulations upon the placement of signs or advertisements on vehicles in the
Flamingo Park neighborhood and Ocean Drive, and is in the best interest of traffic
regulation and aesthetic improvement. Based on the foregoing analysis, the Administration
recommends that the Commission approve, on first reading, the proposed amending
Ordinance to Section 138-74 of the Land Development Regulations of the Code of the City
of Miami Beach, Florida. Should the Commission decide, in the alternative, that the
ordinance should apply only to Ocean Drive, the Commission may vote on amendments
to the ordinance to achieve this purpose.
Commission Action
On September 20, 2001, the City Commission approved, on first reading, the Ordinance
as proposed.
JMG\C~\~
T:\AGENDA\2001\SEP2001\REGULAR\1471CCME,WPD