2002-3368 ORD
ORDINANCE NO.
2002-3368
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING SECTION 82-411 (d) OF THE MIAMI BEACH CITY
CODE, ENTITLED '"PROHIBITED SIGNS GENERALLY;
EXEMPTIONS; BANNERS; REMOVAL'"; SAID AMENDMENT
AUTHORIZING THE ADMINISTRATION TO APPROVE THE
PLACEMENT OF LIGHT POLE BANNERS FOR SPECIAL
EVENTS TAKING PLACE IN THE CITY OF MIAMI BEACH;
PROVIDING FURTHER, HOWEVER, THAT REQUESTS FOR
LIGHT POLE BANNERS TO PROMOTE EVENTS OUTSIDE THE
CITY OF MIAMI BEACH SHALL BE APPROVED BY THE CITY
COMMISSION; PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, the City has become the location of choice for activities and
special events on public and private property that enrich the community for both
visitors and residents; and
WHEREAS, at its regular meeting on April 2, 2002, the Community Affairs
Committee determined that it would be in the best interest of the City to
streamline and revise the procedure for approval of light pole banners for special
events.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Miami Beach City Code, Section 82-411(d), is herein amended
as follows:
Sec. 82-411. Prohibited signs generally; exemptions; banners; removal. I
(a) Except as provided in this chapter or by city ordinance, by statutes
or by county ordinance, no sign of any character shall be
suspended across any public street, alley or waterway; nor shall
any sign of any description be posted or painted on or applied to
any curb, sidewalk, tree, light standard, utility pole, hydrant, bridge,
wall, or any structure, other than an awning, which is within the
property lines of any street, alley or waterway within the city. The
following signs shall be exempt from this requirement:
(1) Official traffic signs, information signs and warning signs
erected by a governmental agency and temporary signs
indicating danger.
(2) Temporary special public event directional signs approved
pursuant to article IV of this chapter.
(3) Historical markers approved by the historic preservation
board.
(4) Light pole banners as provided for in subsection 82-411(d).
(b) No portion of any sign which extends over a public sidewalk or alley
shall be less than nine feet above such sidewalk or 15 feet above
such alley, measured vertically directly beneath the sign to grade.
(c) No sign shall extend or project over any portion of any street, alley,
waterway or any other public way or any public property except for
marquee and projecting signs which shall only be permitted to
extend over the right-of-way.
(d) Light pole banners. Banners affixed to light poles or other similar
structures on the public right-of-way shall be subject to the following
regulations:
(1) The right to install, as well as the number, location and
method of installation of banners shall be subject to the
design review process and approved by the city commission
and the public works department the City Manaer. or his/her
desianee for special events takina place in the City of Miami
Beach. and by the City Commission for special events held
outside of the City of Miami Beach.
a. In considerina whether to approve Iiaht pole banners
for events held outside of the City of Miami Beach. the
City Commission may. amona other factors. consider
whether the municipality or other aovernmental entity
hostina that special event would reciprocate such
action within its own iurisdiction for special events
takina place in the City of Miami Beach.
(2) Banners shall not exceed three feet in width by seven feet in
length. Banners may be double-sided. The color, design and
material of all banners shall be approved under the design
review process.
(3) Banners directing the public's attention to a public institution
or special district may be erected for an indefinite period,
subject to being maintained in good condition and periodic
review for appropriateness under the design review process.
(4) Any text shall be limited to a maximum of 25 percent of the
total area of the banner, unless the text constitutes the
overall image of the banner.
(5) Banners announcing special events either to be held in city
or to be associated in some manner with the city, as
determined by the city commission, may be erected up to 30
days prior to the event being announced and must be
removed within seven days after such event. Special event
banners shall require prior approval by the city commission.
a. Text for special event banners shall be limited to the
name of the event, the name of the sponsor and the
date of the event.
b. Any single corporate symbol or logo associated with
the sponsorship of any special event shall be limited
to five percent or one square foot of the total area of
the banner, whichever is smaller; two or more
symbols or logos associated with sponsorship shall
be limited to ten percent, or two square feet of the
total area of the banner, whichever is smaller.
(6) A performance bond shall be required to ensure the removal
of the banners in case of advanced deterioration of the
banners, or if a dangerous condition presents itself, the city
may at its sole discretion direct banners to be removed at
any time.
(7) The city shall require the sponsoring organization to provide
a certificate of insurance that covers the sponsor's property
as well as the property of city. This certificate of insurance
shall be approved by the city's office of risk management.
(e) When a sign is found to be located on public property and without a
building permit, the city shall have the right to remove such sign.
The owner may recover the sign by paying the removal costs within
60 days of the removal. If the sign is not recovered by the owner
within 60 days then it shall be considered abandoned property in
the hands of the city and shall be disposed of as permitted by law.
The city shall recover all costs in conjunction with such removal of
signs from the owner or the owner's property. Such recovery may
be by way of personal action against the owner or an in rem lien
against any property of the owner located within the city.
(f) Signs attached to or placed on a vehicle (including trailers) that is
parked on public or private property shall be prohibited. This
prohibition, however, shall not apply to signs that are authorized by
section 138-4. (Ord. No. 89-2665, ~ 9-3, eff. 10-1-89; Ord. No. 92-
2774, eff. 3-1-92; Ord. No. 96-3035, eff. 3-1-96; Ord. No. 97-3104,
~ 2, 12-17-97)
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, sentence, clause or phrase of this ordinance is held to be
invalid or unconstitutional by any court of competent jurisdiction, then said
holding shall in no way affect the validity of the remaining portions of this
ordinance.
SECTION 4.
CODIFICATION
It is intention of the Mayor and City Commission of the City of Miami
Beach, an its is herby 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 work" ordinance" am be changed to "section", "article," or other
appropriate word.
SECTION 5.
EFFECTIVE DATE
This Ordinance shall take effect on the 8th day of June
2002.
PASSED and ADOPTED this 29th day of
ATTEST:
~te~
CITY CLERK
APPROVED AS TO
FORM a LANGUAGE
. FOR EXECUTION
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City OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
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NOTICE IS .I1EREBY 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.1'Iorida, on Wednesday, May 29,
2002, at the times listed below, to.consider the following on first reading:
10:40 a.m.:
AN ORDINANCE AMENDING SECTION 82-411(0) OF THE MIAMI BEACH CITY CODE,
ENTITLED "PROHIBITED SIGNS GENERALLY; EXEMPTIONS; BANNERS; REMOVAL."; SAID
AMENDMENT AUTHORIZING THE ADMINISTRATION TO.:APPROVE THE PLACEMENT OF UGHT
POLE BANNERS FOR EVENTS TAKING PLACE IN THE CITY OF MIAMI BEACH; PROVIDED
FURTHER, HOWEVER. THAT REQUESTS FOR UGHTPOLE BANNERS TO PROMOTE EVENTS
OUTSIDE THE CITY OF MIAMI BEACH SHALL BE APPROVED BY THE CITY COMMISSION;
PROVIDING FOR REPEALER; SEVERABILITY; CODIRCATlON; AND AN EFFECTIVE DATE,
Inquiries may be directed to the Cultural Affairs & Tourism Development at (305) 673-75n.
at 10:45 a.m.: . . ..- , , ,
AN ORDINANCE AMENDING ORDINANCE NO. 1901 WHICH CREATED THE RETIREMENT ,~
SYSTEM FOR GENERAL EMPLOYEES BY AMENDING SECTION 5.09, "POST RETIREMENT ry
ADJUSTMENTS" PARAGRAPHS (B) AND (D). THEREOF TO ALLOW FOR INCREASING THE
ANNUAL IMPROVEMENT FACTOR AT A COMPOUNDED RATE OF TWO AND ONE-HALF
PERCENT FOR EMPLOYEES WITHIN THE CLASSIFICATIONS COVERED BY THE "GSA,"
"AFSCME- AND "CW!>:' BARGAINING UNITS, OR ANY EMPLOYEE WITHIN THE
CLASSlRCATIONS OF THE GROUP."OTHERS; RETROACTIVE TO OCTOBER 2, 2000;
PROVIDING FOR REPEALER; SEVERABILITY; ANDAN EFFECTIVE DATE.. .
Inquiries may be directed to the H~man Resources at (305) ~73-7~24;
ALL INTERESTED PAR1'lES 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. c/o the CIty
Clerk, 1700 Convention Center Drive, '1St Floor. .CnyHall, Mlami,Beacl1, Florida 33139.
Copies of these ordinances are available for public Inspection durlng'.normal bUsiness hours ,I
in the City Clerk's Office, 1700 Convention Center Drive,lSt Roor, Cltytlall, Miami Beach, iJ
Rorlda 33139, This meeting may be continued' and [!nder such circumstances additional
legal notice would not be provided..' " . . .
Robert E. Parcher, Clty Clerk,
, City of Miami Beach'
Pursuant to SectIon 286.0105, Ra. $lat., ths CIty' hereby advisestheP!lblic that if a person
decides to appeal any decision made by the CIty Commission. with respect to any mattei'
considered at Its meeting or Its hearing, SUCh person must ensure that a verbatim record at
the proceedings is made, wIIichieCord IncludeS the tesfJmony 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 othelWlselillows~ by law,., '.. · '.
In accordance with the 'Americans with Disabilities Ad of 1990. persons needing special
accommodation to participate in this proceeding should contact ti)e. CIty Clerk's office no
later than four days prfor to the proceeding. teleptlone (305) 673-7411 for assistance; if
hearing impaired, teleptlone the RorIda Relay ServiCe numbers. (BDO)955-8n1(TDD) or
(800) 955-Sno (VOICE), for assistance.'
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CI1Y OF MIAMI BEACH
CONMISSION ITEM SUMMARY
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Condensed Title:
Amendment authorizing the Administration to approve the placement of light pole banners for events taking
place in the City of Miami Beach; provided, however, that requests for light pole banners to promote events
outside the cit of Miami Beach shall be a roved b the ci Commission.
Issue:
Does the City Commission want to allow the City Manger, or his/her designee, to administratively approve
light pole banners for special events taking place in the City of Miami Beach and the City Commission to
a rove banners for s ecial events held outside of the cit of Miami Beach?
Item Summary/Recommendation:
The purpose of this ordinance amendment is to streamline the procedure for approval of light pole banners,
This item was heard and approved on first reading at the May 8, 2002 Commission meeting.
Advisory Board Recommendation:
The Community Affairs Committee, at its regular meeting of April 2, 2002, determined that it would be in the
best interest of the City to streamline and revise the procedure for approval of light pole banners for special
events.
Flnanclallnfonnation:
Amount to be expended:
D
Finance Dept.
Source of
Funds:
AGENDA ITEM
DATE
fiS-A
~-d..9-od..
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.ci.miami-beach.f1.us
To:
From:
Subject:
COMMISSION MEMORANDUM
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez \ ^~.
City Manager Ot'v- 0 SECOND READING-PUBLIC HEARING
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
SECTION 82-411(D) OF THE MIAMI BEACH CITY CODE, ENTITLED
"PROHIBITED SIGNS GENERALLY; EXEMPTIONS; BANNERS;
REMOVAL"; SAID AMENDMENT AUTHORIZING THE ADMINISTRATION
TO APPROVE THE PLACEMENT OF LIGHT POLE BANNERS FOR
SPECIAL EVENTS TAKING PLACE IN THE CITY OF MIAMI BEACH;
PROVIDING FURTHER, HOWEVER, THAT REQUESTS FOR LIGHT POLE
BANNERS TO PROMOTE EVENTS OUTSIDE THE CITY OF MIAMI
BEACH SHALL BE APPROVED BY THE CITY COMMISSION; PROVIDING
FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE
DATE.
Date: May 29, 2002
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
ANALYSIS
The City Code Section 82-411 requires that the City Commission approve the installation of
temporary banners which reads:
Sec. 82-411. Prohibited signs generally; exemptions; banners; removal.
(a) Except as provided in this chapter or by city ordinance, by statutes or by county
ordinance, no sign of any character shall be suspended across any public street, alley
or waterway; nor shall any sign of any description be posted or painted on or applied to
any curb, sidewalk, tree, light standard, utility pole, hydrant, bridge, wall, or any
structure, other than an awning, which is within the property lines of any street, alley or
waterway within the city. The following signs shall be exempt from this requirement:
(1) Official traffic signs, information signs and warning signs erected by a
governmental agency and temporary signs indicating danger.
(2) Temporary special public event directional signs approved pursuant to article IV
of this chapter.
il
(3) Historical markers approved by the historic preservation board.
(4) light pole banners as provided for in subsection 82-411(d).
(b) No portion of any sign which extends over a public sidewalk or alley shall be less than
nine feet above such sidewalk or 15 feet above such alley, measured vertically directly
beneath the sign to grade.
(c) No sign shall extend or project over any portion of any street, alley, waterway or any
other public way or any public property except for marquee and projecting signs which
shall only be permitted to extend over the right-of-way.
(d) light pole banners. Banners affixed to light poles or other similar structures on the
public right-of-way shall be subject to the following regulations:
(1) The right to install, as well as the number, location and method of installation of
banners shall be subject to the design review process and approved by the city
commission and the public works department.
(2) Banners shall not exceed three feet in width by seven feet in length. Banners
may be double-sided. The color, design and material of all banners shall be
approved under the design review process.
(3) Banners directing the public's attention to a public institution or special district
may be erected for an indefinite period, subject to being maintained in good
condition and periodic review for appropriateness under the design review
process.
(4) Any text shall be limited to a maximum of 25 percent of the total area of the
banner, unless the text constitutes the overall image of the banner.
(5) Banners announcing special events either to be held in city or to be associated
in some manner with the city, as determined by the city commission, may be
erected up to 30 days prior to the event being announced and must be removed
within seven days after such event. Special event banners shall require prior
approval by the city commission.
a. Text for special event banners shall be limited to the name of the event,
the name of the sponsor and the date of the event.
b. Any single corporate symbol or logo associated with the sponsorship of
any special event shall be limited to five percent or one square foot of the
total area of the banner, whichever is smaller; two or more symbols or
logos associated with sponsorship shall be limited to ten percent, or two
square feet of the total area of the banner, whichever is smaller.
(6) A performance bond shall be required to ensure the removal of the banners in
case of advanced deterioration of the banners, or if a dangerous condition
presents itself, the city may at its sole discretion direct banners to be removed at
any time.
(7) The city shall require the sponsoring organization to provide a certificate of
insurance that covers the sponsor's property as well as the property of city. This
certificate of insurance shall be approved by the city's office of risk management.
(e) When a sign is found to be located on public property and without a
building permit, the' city shall have the right to remove such sign. The
owner may recover the sign by paying the removal costs within 60 days of
the removal. If the sign is not recovered by the owner within 60 days then
it shall be considered abandoned property in the hands of the. city and
shall be disposed of as permitted by law. The city shall recover all costs
in conjunction with such removal of signs from the owner or the owner's
property. Such recovery may be by way of personal action against the
owner or an in rem lien against any property of the owner located within
the city.
(f) Signs attached to or placed on a vehicle (including trailers) that is parked
on public or private property shall be prohibited. This prohibition,
however, shall not apply to signs that are authorized by section 138-4.
(Ord. No. 89-2665, 9 9-3, eff. 10-1-89; Ord. No. 92-2774, eff. 3-1-92; Ord.
No. 96-3035, eff. 3-1-96; Ord. No. 97-3104, 92,12-17-97)
Presently, event organizers interested in advertising their event utilizing light pole banners
must take the following steps in order to have them approved:
1- Complete an Administrative Design Review Application Form provided by the
Planning, Design and Historic Preservation Division of the City of Miami Beach,
and provide three original sets of the banner design (in color) along with listing
the desired locations and number of banners to be placed and a $50.00
application fee.
2- Once the design and banner locations are approved, one original set of the
design-approved application is forwarded to the Special Events Office by the
applicant.
3- The Special Events Liaison then prepares a Commission Memorandum and a
Resolution for Commission approval.
As stated in Code Section 82-411, the City Commission may determine whether light pole
banners announcing special events either to be held in City or to be associated in some
manner with the City, may be erected.
The Community Affairs Committee, at its regular meeting of April 2, 2002, determined that
it would be in the best interest of the City to streamline and revise the procedure for
approval of light pole banners for special events. The new procedure will permit the City
Manager, or his/her designee, to administratively approve light pole banners for special
events taking place in the City of Miami Beach and the City Commission to approve
banners for special events held outside of the City of Miami Beach.
In addition, the proposed ordinance amendment requires that in considering whether to
approve light pole banners for events held outside of the City of Miami Beach, the City
Commission may, among other factors, consider whether the municipality or other
governmental entity hosting that special event would reciprocate such action within its own
jurisdiction for special events taking place in the City of Miami Beach. Additionally, the
ordinance amendment includes the implementation of a $50.00 processing fee.
This item was heard and approved on first reading at the May 8, 2002 Commission
meeting.
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