Ordinance 98-3112 ORDINANCE NO. 98-3112
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,
AMENDING CHAPTER 23 OF THE CITY CODE ENTITLED
"NEWSSTANDS AND NEWSRACKS"AMENDING SECTION
23-9 ENTITLED "STATEMENT OF PURPOSE" BY ADDING
PROVISIONS REGARDING THE MAINTENANCE AND
PROTECTION OF PROPERTY VALUES; AMENDING
SECTION 23-10 ENTITLED "DEFINITIONS" BY ADDING
AND AMENDING CERTAIN DEFINITIONS; BY AMENDING
SECTION 23-11 ENTITLED "REGISTRATION, FEE,
LETTER OF COMPLIANCE" BY AMENDING THE
PROCEDURES AND FEES FOR REGISTERING
NEWSRACKS; AMENDING SECTION 23-13 ENTITLED
"MAINTENANCE AND INSTALLATION STANDARDS" BY
AMENDING RESTRICTIONS ON THE TYPE, SIZE, AND
APPEARANCE OF NEWSRACKS AND NEWSRACK
STORAGE BOXES; AMENDING SECTION 23-14 ENTITLED
"PLACEMENT OF NEWSRACKS" BY AMENDING
RESTRICTIONS ON THE LOCATION OF NEWSRACKS
AND PROVIDING THAT APPEALS OF DECISIONS OF THE
PUBLIC WORKS DIRECTOR PERTAINING TO THE
RETENTION OF NON-CONFORMING LOCATIONS OF
NEWSRACKS SHALL BE TO THE SPECIAL MASTER
INSTEAD OF THE ENVIRONMENTAL COMMITTEE;
AMENDING SECTION 23-19 ENTITLED "RELEASE OF
STORED NEWSRACKS,STORAGE FEE; INSPECTION FEE"
BY AMENDING THE PROVISIONS FOR RETURN OF
STORED NEWSRACKS,AND AMENDING STORAGE FEES
AND REINSPECTION FEES; AMENDING SECTION 23-21
ENTITLED "ABANDONED NEWSRACKS" BY AMENDING
THE CRITERIA FOR ABANDONED NEWSRACKS AND
SUBSTITUTING THE SPECIAL MASTER FOR THE
PROPERTY MAINTENANCE STANDARDS APPEALS
BOARD FOR MAKING DETERMINATIONS REGARDING
ABANDONED NEWSRACKS; AMENDING SECTION 23-22
ENTITLED "HEARINGS" TO PROVIDE FOR
PROCEEDINGS BEFORE THE SPECIAL MASTER INSTEAD
OF THE PROPERTY MAINTENANCE STANDARDS
APPEALS BOARD; AMENDING SECTION 23-23 ENTITLED
"APPELLATE PROCEDURE AFTER HEARINGS" TO
PROVIDE FOR AN APPELLATE PROCEDURE AFTER
HEARINGS BEFORE THE SPECIAL MASTER; AND
AMENDING SECTION 23-26 ENTITLED"APPLICATION OF
ARTICLE II" TO REDUCE THE TIME FOR COMPLIANCE
WITH THIS ORDINANCE, OR ANY AMENDMENT
THERETO, FROM THREE (3) MONTHS TO THIRTY (30)
DAYS AFTER THEIR EFFECTIVE DATE; PROVIDING FOR
CODIFICATION; SEVERABILITY; REPEALING ALL
ORDINANCES IN CONFLICT THEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission recognizes the importance of a free press to our
democratic society; and
WHEREAS,the City Commission also recognizes that it has the responsibility to safeguard
and protect members of the public who use the public right-of-ways, including the aged, the infirm,
and the handicapped citizens of the City; and
WHEREAS,the City Commission has taken steps to achieve a reasonable balance between
traffic,pedestrian safety, and aesthetic interests, and the interests of the press in the distribution of
newspapers; and
WHEREAS,the City of Miami Beach is undergoing citywide redevelopment,revitalization,
and historic preservation efforts to improve and enhance the aesthetic character of the City and to
maintain and protect property values; and
WHEREAS, certain amendments to the regulations pertaining to newsracks are required in
order to be compatible with the aforestated efforts; and
WHEREAS,the City Commission has determined that amendments to the City's newsrack
ordinance will cause no undue burden on the press and will promote safety on the public right-of-
ways, and improve the appearance and welfare of the City;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1: AMENDMENT OF SECTION 23-9.
That Section 23-9 of Miami Beach City Code Chapter 23 entitled "Statement of Purpose"
be amended as follows:
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Section 23-9. Statement of Purpose.
A. The uncontrolled placement of Newsracks in public right-of-ways threatens this City's
aesthetic values and presents an inconvenience and danger to the safety and welfare of persons using
such right-of-ways, including pedestrians,persons entering and leaving vehicles and buildings, and
persons performing essential utility, traffic control and emergency services.
B. Newsracks located so as to cause an inconvenience or danger to persons using public
right-of-ways constitute public nuisances.
C. It is a matter of public necessity that the City of Miami Beach protect children,
handicapped individuals, senior citizens and others on its public streets, sidewalks, transportation
facilities and other public right-of-ways from improperly maintained and placed Newsracks.
D. The provisions and prohibitions hereinafter contained and enacted are intended to
secure and promote the public health, safety, aesthetic values and general welfare of persons in the
City of Miami Beach in their use of public right-of-ways, as well as to maintain and protect the
values of surrounding properties, and to preserve the constitutional rights of newspapers and others
to effectively disseminate information and communicate with the public.
E. Florida law governing municipal immunity from suit for damages or injuries to
persons using public facilities such as Streets and Sidewalks is currently unsettled, and therefore it
is necessary to impose indemnification requirements on persons placing Newsracks on public right-
of-ways.
SECTION 2: AMENDMENT OF SECTION 23-10
That Section 23-10 of Miami Beach Code Chapter 23 entitled, "Definitions" be amended as
follows:
Section 23-10. Definitions.
A. "Curb Return" shall mean the high point of the slope of a depressed curb.
B. "Environmental Committee" shall mean the Environmental Committee of the Miami
Beach City Commission.
C. "Newsrack" shall mean any self-service or coin-operated box,container, storage unit
or other dispenser installed, used, or maintained for the display, distribution, storage or sale of
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newspapers, or other news periodicals or other written publications. "Newsrack" shall also mean
"Newspaper Storage Box" as defined herein.
D. "Newspaper Storage Box" shall mean any box, case, cabinet or other container used
solely for the storage of newspapers, or other news periodicals or other written publications.
E. "Parkway" shall mean that area between the edge of the Roadway and the adjacent
property line excluding that area occupied by the Sidewalks. "Parkway" shall also include any area
within a Roadway which is not open to vehicular travel.
F. "Property Maintcnancc Standards Appeals Board" shall mean thc Property
Maintcnancc Standards Appeals Board of the City of Miami Beach as established in Scction 17B-4-6
of thc City Code. "Special Master" shall mean the Special Master of the City of Miami Beach as
established in Chapter 9B of the City Code.
G. "Public Works Department" shall mean the Public Works Department of the City of
Miami Beach.
H. "Publisher" shall mean the person, individual, corporation, association, firm,
company, organization, or other legal entity owning or responsible for placing or maintaining a
Newsrack in a public right-of-way.
I. "Roadway" shall mean that portion of a Street improved, designed or ordinarily used
for vehicular traffic.
J. "Sidewalk" shall mean any service area provided for that part of a public right-of-way
which is designed and ordinarily used for pedestrian traffic.
K. "Street" shall mean all of that area dedicated to public use for public traffic purposes
and shall include, but not he limited to Roadways, Parkways, alleys and Sidewalks.
SECTION 3: AMENDMENT OF SECTION 23-11
That Section 23-11 of Miami Beach City Code Chapter 23 entitled, "Registration, fee, letter
of compliance required" be amended as follows:
Section 23-11. Registration, fee, letter of compliance required.
A. Any Publisher who installs or maintains a Newsrack which in whole or in part rests
upon, in or over any dedicated Sidewalk or Parkway within the City of Miami Beach shall register
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said Newsrack with the Public Works Department • ' .- • - - • : . - : . - : prior to the
installation of said Newsrack : - -- :.-.---- .. : • '-: •- - . ; .: -.
B. At the time of registration each Publisher shall file the following with the Public
Works Department:
1) A completed application form and hold harmless agreement to be provided
by the Public Works Department stating the Publisher's name,aftel address,phone number,fax phone
numbernewsrack distribution manager's name, requested location of the Newsrack, dimensional
drawing(sketch)of location, and type of Newsrack requested to be : -- ' . : '- -- -- •
- :-; •: - : -. - •• .- installed, maintained or operated in the City of Miami Beach by
said Publisher identifying, when possible, each particular Newsrack by serial number or other
appropriate means; and
2) A letter of compliance from the Publisher certifying that the Publisher's
Newsracks and their locations conform to the provisions of this Ordinance; and
An annual registration fcc in thc amount of$7.68 per Publisher, without
regard to thc number of Ncwsracks for which that Publisher is responsible A one-time permit fee of
fifty dollars($50.00) shall be required for each newspaper Publisher to defray costs of administering
this Ordinance. An additional non-recurring fee of$-7780 $) fifteen dollars
($15.00)per Newsrack is to be paid by the Publisher only at the time of the initial registration of that
particular Newsrack to defray costs of inspection of the Newsracks; however, whcrc a Publisher
$3.90 per Ncwsrack for each Newsrack so registered. A change in location or-re teeter of any
Newsrack during the annual registration period may be made so long as the Publisher registers
obtains prior approval of the new location with from the Public Works Department and the change
does not result in a violation of this Ordinance; there shall be no-fee a twenty-five dollar $25.00
reinspection fee per Newsrack for said any location change. Forms for registering a
change in location or replacement of any Newsrack shall be furnished upon the Publisher's request
by the Public Works Department.
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SECTION 4: AMENDMENT OF SECTION 23-13
That Subsection 23-13 of Miami Beach City Code Chapter 23 entitled, "Maintenance and
Installation Standards" be amended as follows:
Section 23-13. Maintenance and Installation Standards for Newsracks and Newspaper
Storage Boxes.
Each Newsrack installed, used or maintained in a public right-of-way within the City of
Miami Beach shall comply with the following standards:
A. Dimensions and Type: -
in overall height, fifty (50)inches in width and two(2)feet in depth. If a pedestal supporting a ease
containing materials for distribution is used, such pcdcstal must be at least sixteen and one (16 1/2)
inches by three (3) inches in diameter; each pedestal must be weighted or permanently attached to
the case and to a weighted concrete case. Newsracks shall be no-lart thirty-six (36) inches in
height,with an additional thirteen(13)inches allowed for a coinbox attachment, twenty (20) inches
in width, and twenty (20) inches in depth;. : -. --. -. • . .. - •. - • - - :: - -: ; -; -
• . The dimensions of any
Newspaper Storage Box shall not exceed thirty-six (36) inches in height, twenty (20) inches in
width,and twenty (20) inches in depth. - '- i - '- •- -, -; • ; • '-- : •-: -:- • :: --- -
beautification areas, or in areas where the City provides for special infrastructure treatments and
improvements in a defined district,modular racks containing multiple publications in a one unit rack
or pcdcstal racks may be required by the City of Miami Beach and, in such event, individual
Ncwsracks shall be prohibited. The color and dimensions of said modular or pedestal racks shall
be determined by the Finance and City-wide Projects Committee the same as required in Section 23-
13.0 herein.
B. Label: Each Ncwsrack shall have affixed to it and readily visible a sticker or other
insignia identifying the name of the Publisher.Newsracks shall carry no card holders or advertising,
but may display the name, with lettering and background of any colors, of the newspaper being
dispensed- .in the locations and sizes set forth below:
On the front of the newsrack, the lcttcring size shall not
exceed one and three-quarters inche3(1 3/4")in height. The lettering
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3hall be placed below the door hinge within a colored-band space not
exceeding two and one-half inches (2 1/2") in height above the door
hinge which may have any color background.
On the sides and back of the ncwsrack,the lettering size shall
not exceed two and one-half inches (2 1/2")in height. The lettering
shall be placed within a colored-band space not exceeding four and
one-half inches (4 1/2") in height and beginning one-inch(1")from
the top of the ncwsrack which may have any color background.
C. Color: Ncwsracks shall have Sherwin Williams gloss clover green No.
SW2934, or equivalent match, on their pedestals, sides, doors, and coin box. The height of the
cabinet top of all newsracks shall be thirty-nine (39) inches above the finished grade level.
Newspaper Storage Boxes shall have Sherwin Williams gloss clover green No. SW2934, or
equivalent match, on all exterior surfaces.
13. C Weight: The total weight of the Newsrack and any weighing devise shall not
be less than one hundred twenty-five (125) pounds. In the event of the issuance of a hurricane
warning by any entity with jurisdiction to issue such a warning, the Newsrack shall be removed by
the Publisher or laid down and secured to a non-moveable fixture or structure.
E. Newsracks shall be limited to the distribution of newspapers or other news periodicals
and shall not contain publications distributed to announce the sale of merchandise, real estate,
vehicles, vessels, or other goods or services. Publications that arc not newspapers or news
FE D. Free Newspapers: Newsracks for free newspapers may omit the coin box and may
have the pull bar welded to the door to produce an honor rack.
C.GF E. Condition: Each Newsrack shall be maintained in good repair and reasonably neat
and clean condition at all times so that:
1) It is reasonably free of dirt,anl grease, graffiti, and stickers.
2) It is painted and reasonably free of chipped, faded,peeling and cracked paint.
3) It is reasonably free of rust and corrosion in any unpainted metal area.
4) The plastic or glass parts thereof, if any, are unbroken and reasonably free of
cracks, dents, and discoloration.
5) The paper or cardboard parts thereof, if any, are reasonably free of tears,
peeling or fading.
6) The structural parts thereof are not broken or unduly misshapen.
7) Any coin-return mechanism and other mechanical parts are in proper working
order.
D.TIG. F. Effective Date: No Newsrack installed prior to the effective date of this
Ordinance shall fail to comply with this Section 23-13.A as of six (6) months onc hundred and
after the effective date of this Ordinance.
SECTION 5. AMENDMENT TO SECTION 23-14
That Section 23-14 of Miami Beach City Code entitled "Placement of Newsracks" be
amended as follows:
Section 23-14. Placement of Newsracks.
All Newsracks placed, maintained or operated within a public right-of-way in the City of
Miami Beach shall conform with the following standards:
A. Newsracks shall only be situated at the rear of a sidewalk,near a curb,adjacent to the
wall of a building, or at another location approved by the Public Works Department. If a Newsrack
is placed near a curb,the back of said Newsrack shall be situated so as not to constitute a hazard to
either pedestrians or vehicles travelling the road or parking alongside of the Sidewalk. If the
Newsrack is placed adjacent to the wall of a building, the back of said Newsrack shall be situated
parallel to and as close as possible to such wall.
B. No person shall install, use or maintain any Newsrack:
1) Within onc (1) foot five (5) feet of any marked or unmarked crosswalk; or
2) Within onc (1) foot five (5) feet of any Curb Return; or
3) Within fivc (5) ten (10) feet of any fire hydrant, fire call box or other
emergency facility; or
4) Within three (3) feet of any bus bench, or
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5) Within ten (10) feet of any advertisement panel located on a transit shelter;
except that Newsracks may be located within transit shelters with the
approval of the Public Works Department; or
6)
signs or signals, mail boxes or other objects legally permittcd Within three
(3) feet of utility, traffic, or street light poles. mailboxes, parking meters. or
other objects legally permitted;or
7) Within five (5) feet of any area improved with lawn, flowers, shrubs or trees
within the public right-of-way; or
8) Within four (4) feet of any driveway; or
9) Where placement unreasonably interferes with or impedes the flow of
vehicular or pedestrian traffic,but in no event at any location where the clear
space for the passageway of pedestrians is reduced thereby to less than three
(3) feet.
C. No more than eighteen (18) eight (8) feet of Newsracks may be placed at any one
location corner; said Newsracks may be placed immediately adjacent to each other in a horizontal
line or in another configuration that does not violate any other provision of this Chapter. Individual
Newsracks or Newsrack groups placed at locations other than corners shall be located mid-block and
at least(60) feet from said corners.
D. Notwithstanding the provisions of Section 23-14, Subparts A, B, and C, if the
limitations on Newsracks impairs the ability of a Publisher to distribute a publication through
Newsracks to members of the public who desire to receive that publication at a particular location,
and there is no alternate location available for a Newsrack under this Ordinance reasonably
accessible to these members of the public, then the Public Works Director shall, where the public
safety will not be impaired, permit that Publisher to place Newsracks at that location.
E. Exemption: Newspaper Storagc Boxes shall be exempt from the provisions of
Subparts A, B and C of this Section; provided, however, that no Newspaper Storage Box shall be
installed, maintained, or used where its placement edgers the safety of persons or property.
F . Where a Newsrack installed prior to the effective date of this Ordinance does not
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comply with one or more of the requirements of this Section, and where the Publisher responsible
for that Newsrack wants to retain the Newsrack in the same location, said Publisher may request
permission to retain that location from the Director of the Public Works Department; the Director
shall grant said Publisher's request if retaining the location in question is consistent with the purpose
and intent of this Ordinance and does not present a danger to persons or property. Any Publisher
aggrieved by the decision of the Director of Public Works may appeal said decision to the
- • - - . - Special Master.
GF. Notwithstanding any other paragraph of Article II, no Publisher shall install, use or
maintain any Newsrack where its placement endangers the safety of persons or property.
SECTION 6. AMENDMENT OF SECTION 23-19
That Section 23-19 of Miami Beach City Code Chapter 23 entitled, "Release of stored
Newsracks, storage fee; inspection fee" be amended as follows:
Section 23-19. Release of stored Newsracks, storage fee; inspection fee.
A. Any Newsrack, together with its contents,which has been stored pursuant to Section
23-18 hereof, shall be returned to the Publisher:
1) Upon receipt by the Public Works Department of a removal fee of$50.00 and
a storage fee of twenty-five dollars ($25.00)$5.00 per day paid by the Publisher; or
2) Upon filing of a request for hearing pursuant to Section 23-22 accompanied
by a deposit of a twenty-five dollar($25.00)fifty dollar($50.00)removal and storage fee to be held
by the Public Works Department; said fee shall be returned to the Publisher upon a determination
by the ' : :- • ' ' ; - - -- : :: :- ea-; - : a; Special Master after a hearing pursuant to
Section 23-22 or by a Court upon judicial review,that the Newsrack should not have been removed.
B. The Public Works Department shall reinspect the corrected condition of any
Newsrack reinstalled after release under this Section. The Publisher shall pay an inspection fee of
$7.80 $10.00 for said reinspection, except that no inspection fee shall be imposed for any Newsrack
reinstalled pursuant to Subpattsection A(2) where the ' : :- • - :. - • ::-: •
Beard Special Master or a Court has determined that said Newsrack should not have been removed.
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SECTION 7. AMENDMENT TO SECTION 23-21
That Section 23-21 of Miami Beach City Code Chapter 23 entitled, "Abandoned Newsracks"
be amended as follows:
Section 23-21. Abandoned Newsracks.
A Newsrack shall be deemed abandoned when -: -- •• :. i ••: ': -:- : . ; •-: •-
• .• : - ; - ':: : • .: :. •- it does not contain the publication specified therefor within
forty-eight(48)hours after release of the current issue or when no publication is in the Newsrack for
more than seven(7) consecutive days. When any Newsrack has been abandoned on public property
in the City of Miami Beach,the Director of the Public Works Department or a designee of same shall
attempt to notify the Publisher by Certified mail and by telephone and afford said Publisher the
opportunity to remove the Newsrack,to resume distribution, or to show reasonable cause therefore
therefor. Where the Publisher is unknown or where the Publisher has failed to resume distribution,
remove said Newsrack or show reasonable cause therefore therefor within fifteen (15) days of
receipt of Certified notice, the Director of the Department of Public Works may remove and store
said Newsrack as provided by Section 23-17. The Publisher, if identifiable, shall receive notice of
removal and storage as provided in Section 23-18 and may regain possession of the Newsrack
pursuant to Section 23-19. If a Newsrack removed and stored pursuant to this Section is not claimed
within ninety (90) days of the date of storage, the Director of Public Works or a designee of same
may request a hearing pursuant to Section 23-22 for the purpose of demonstrating that said Newsrack
was abandoned on public property. Upon determination by the ' J .- •- :.- ::. -
Special Master or a Court upon judicial review, if any, that said Newsrack has been
abandoned on public property, the Department of Public Works may dispose of the Newsrack as
provided in Section 705.103, Florida Statutes,(1987)and amendments thereto.
SECTION 8. AMENDMENT TO SECTION 23-22
That Section 23-22 of Miami Beach City Code Chapter 23 entitled "Hearings" be amended
as follows:
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Section 23-22. Hearings.
A. Request for Hearings. Any Publisher may file a written request with the Public Works
Department for a hearing for the purpose of demonstrating that a Newsrack should not have been
removed or stored, or that a violation as specified on the tag attached to a Newsrack pursuant to
Section 23--1416 has not occurred.
B. Notice of Hearing. Upon receipt of a request for hearing, the Public Works
Department shall set the cause for hearing at the next scheduled meeting of the Property
Maintcnancc Standards Appeals Board Special Master and shall send notice to the Publisher by
Certified mail of the date,time and place of said hearing. The hearing shall occur no later than forty-
five (45) working days from the date on which the Public Works Department receives the request
for hearing.
C. Conduct of Hearing. At the time set for such hearing, the
Standards Appeals Board Special Master shall receive all evidence relevant to the occurrence or
nonoccurrence of the specified violation(s),compliance or noncompliance with any of the provisions
of this Article, and other relevant information. Such hearing need not be conducted according to
formal rules of evidence, but fundamental due process shall be observed. The Publisher of the
Newsrack(s) in question shall be afforded the opportunity to: 1)present testimony and evidence on
his behalf, 2) cross-examine witnesses, and 3) be represented by counsel at his own expense. All
testimony shall be under oath and recorded.
D. Decision after Hearing. At the conclusion of the hearing, the Property
Maintcnancc Standards Appeals Board Special Master shall determine, from the facts adduced at
said hearing, whether the Newsrack should have been tagged and/or stored, and whether the
Publisher of said Newsrack shall be required to pay the removal, storage and inspection fees as
specified in Section 23-19. The decision of the ' ; - • . - . -::, : - ::-; - : ::, :
Special Master shall be in writing and shall contain findings of fact, a determination of the issues
presented, and an Order specifying whether the removal and storage fee and inspection fee are to be
imposed.
E. Notice of Decision. The Department shall promptly send to the Publisher,by first-
class mail, a copy of its the Special Master's decision and order.
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SECTION 9. AMENDMENT TO SECTION 23-23
That Section 23-23 of Miami Beach City Code Chapter 23 entitled, "Appellate procedure
after hearing" be amended as follows:
Section 23-23. Appellate procedure after hearings.
The Publisher and Public Works Department may seek such judicial review of the order of
the Property Maintenance Standards Appeals Board Special Master as is provided by law.
SECTION 10. AMENDMENT TO SECTION 23-26
That Section 23-26 of Miami Beach City Code Chapter 23 entitled, "Application of Article
II" be amended as follows:
Section 23-26. Application of Article II.
The provisions of this Ordinance shall apply to all newsracks, whether installed and
maintained prior to or after the effective date of this Ordinance-_, eExcept as provided in Section 23-
13.F.,those Ncwsracks installed prior to the effective date of this Ordinance, shall be brought into
compliance within three (3) months of said date or be deemed in violation of this Ordinance and
subject to enforcement procedures as set forth herein.
SECTION 11. 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 12. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid,the reminder
shall not be affected by such invalidity.
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SECTION 13. REPEALER.
All Ordinances or parts of Ordinances in conflict herewith be in the same are hereby
repealed.
SECTION 14. EFFECTIVE DATE.
This Ordinance shall take effect 10 days after adoption:. except as otherwise provided in
Section 23-13'F herein.
PASSED AND ADOPTED this 18th day of February , 1998.
•
MAYOR
ATTEST:
12aLtitt
CITY CLERK
1st reading 2/4/98
2nd reading 2/18/98
APPROVED AS TO
FORM& LANGUAGE
& FOR EXECUTION
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139
http:1\ci.m is m i-be ach.fl.us
COMMISSION MEMORANDUM NO. \DG 1 g
TO: Mayor Neisen O. Kasdin and DATE: February 18, 1998
Members of the City Commission
FROM: Sergio Rodriguez,
City Manager
SUBJECT: An Ordinanc"Amending Chapter 23 of the City Code Entitled "Newsstands
and Newsracks" Amending Section 23-9 Entitled "Statement of Purpose" by
Adding Provisions Regarding the Maintenance and Protection of Property
Values; Amending Section 23-10 Entitled "Definitions" By Adding and
Amending Certain Definitions; by Amending Section 23-11 Entitled
"Registration, Fee, Letter of Compliance" by Amending the Procedures and
Fees for Registering Newsracks; Amending Section 23-13 Entitled
"Maintenance and Installation Standards" by Amending Restrictions on the
Type, Size, and Appearance of Newsracks and Newsrack Storage Boxes;
Amending Section 23-14 Entitled "Placement of Newsracks" by Amending
Restrictions on the Location of Newsracks and Providing That Appeals of
Decisions of the Public Works Director Pertaining to the Retention of
Non-Conforming Locations of Newsracks Shall Be to the Special Master Instead
of the Environmental Committee; Amending Section 23-19 Entitled "Release of
Stored Newsracks, Storage Fee; Inspection Fee" by Amending the Provisions
for Return of Stored Newsracks,and Amending Storage Fees and Reinspection
Fees; Amending Section 23-21 Entitled "Abandoned Newsracks" by Amending
the Criteria for Abandoned Newsracks and Substituting the Special Master for
the Property Maintenance Standards Appeals Board for Making
Determinations Regarding Abandoned Newsracks; Amending Section 23-22
Entitled "Hearings" to Provide for Proceedings Before the Special Master
Instead of the Property Maintenance Standards Appeals Board; Amending
Section 23-23 Entitled "Appellate Procedure after Hearings" to Provide for an
Appellate Procedure after Hearings Before the Special Master; and Amending
Section 23-26 Entitled "Application of Article II" to Reduce the Time for
Compliance with this Ordinance, or Any Amendment Thereto,from Three (3)
Months to Thirty (30) Days after Their Effective Date; Providing for
Codification;Severability;Repealing All Ordinances in Conflict Therewith;and
Providing for an Effective Date.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
AGENDA ITEM &5-13
DATE 2H 1U
•
BACKGROUND
The current Newsrack Ordinance (23-89) does not satisfactorily address issues of aesthetics,
maintenance, and safety. The number of publications using newsracks increases yearly. To date,
the number of publications is 28 with the number of individual racks aggregating to over 1,200 and
continuing to grow. The proposed amendments will create uniformity in keeping with the City's
aesthetic goals, better serve the City's safety concerns regarding the placement of newsracks on
pedestrian walkways and sidewalks,reduce the number of racks, increase permit fees to cover actual
costs of administration, and establish improved maintenance standards.
ANALYSIS
The proliferation of newsracks stacked on street corners, chained to poles, dented, graffitied and
carrying a variety of non-news publications is greatly at odds with the millions of dollars in capital
improvements being spent citywide. Over the last five years the City has spent in excess of$40
Million to improve commercial corridors. The installation of new street furniture(benches and trash
cans) in these project areas will make the existing newsracks even less tolerable.
At present there are two major commercial streetscape projects near completion--the North Beach
Project totalling $21 Million, and the Lincoln Road Project at a cost of$18 Million. (Both include
all new sidewalks, infrastructure, landscaping and lighting fixtures.) Forty First Street has
undergone a Phase I beautification project at a cost of$200,000+, and has plans to spend substantial
amounts in additional phases. The Collins Avenue Streetscape Project calls for all new sidewalks
in addition to infrastructure improvements. The Ocean Drive Renovations, (completed in 1988)
totalled over $5 Million. Washington Avenue Improvements will total almost$1 Million. Phase
I of this project is in progress. The South Pointe Streetscape Project will also be a multi-million
dollar streetscape project.
Amendments to the Newsrack Ordinance were first recommended approximately two years ago by
the leaderships of the various community organizations involved with revitalization efforts. They
include, but are not limited to, North Beach Development Corp, Miami Beach Community
Development Corp, Washington Avenue Association and Middle Beach Partnership. Amendments
were delayed pending the outcome of legal challenges. Particularly significant is the ordinance of
Coral Gables. The successful regulation of this industry in other municipalities has now made it
prudent to bring the amended Newsrack Ordinance forward for adoption.
The Administration has held a number of workshops and formal meetings with all the publishers that
currently utilize newsracks as a means of disseminating information. These meetings were held on
the following dates:
1) 5/24/96 - To announce enforcement of Ordinance;
2) 6/13/96 - Site Meeting - Wolfies' "How to place a news rack";
3) 10/3/96 - (Miami Herald only) -Drove C. Curbella of Miami Herald around
to show problem news racks throughout the beach;
4) Workshop Meeting #1 8/1/97;
5) Workshop Meeting #2 1/9/98;
6) Meeting with C. Curbella of Miami Herald (Acting as representative for various
publishers) 2/2/98;
7) Workshop Meeting #3 2/13/98.
The Ordinance has been modified to reflect discussions held at those meetings and at the Finance
and Citywide Projects Committee on January 15, 1998.
CONCLUSION
Adopt the Ordinance.
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