Ordinance 98-3129 •
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ORDINANCE NO. 98-3129
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
ORDINANCE NUMBER 95-3005 RELATING TO PAY
TELEPHONES ON PUBLIC STREETS AND SIDEWALKS;
AMENDING SECTION 4 BY PROVIDING FOR THE
IMMEDIATE REMOVAL OF ANY PAY TELEPHONE
INSTALLED WITHOUT A PERMIT AND BY REDUCING
FROM THIRTY DAYS TO FIVE DAYS THE TIME WITHIN
WHICH THE CITY MAY REMOVE A PHONE FOR WHICH
THE PERMIT HAS BEEN REVOKED AND BY PROVIDING
A$250 RETRIEVAL FEE, A $5 PER DAY STORAGE FEE,
AND REPAIR COSTS FOR PAY TELEPHONES WHICH THE
CITY HAS REMOVED; PROVIDING FOR PENALTIES,
REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION I. Section (4) of Ordinance No. 95-3005 is amended to read as follows:
(a) No Person may place or maintain any Pay Telephone on or above any
Street or Sidewalk in the corporate limits of the City without having first
obtained a Pay Telephone permit from the City as provided in this Article.
,30�� The City may immediately remove any Pay Telephone placed without a
permit on any street or sidewalk within the City. Any Pay Telephone
provider who installs a Pay Telephone without a permit on any street or
sidewalk within the City shall be precluded from obtaining any permits for
Pay Telephones for a period of one year from the date that the City learns
of the illegal installation.
(d) In the event any Pay Telephone permit shall be revoked, the applicable
Pay Telephone shall be removed from the Streets and Sidewalks within
th-ifty five (305) days of the written notice of revocation.
(e) If the Pay Telephone is not removed at the end of the thifty five (305)
day period after notice of revocation, the Department may remove the
Pay Telephone from the Streets or Sidewalks.
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(f) Any Pay Telephone removed by the Department will be stored in
accordance with the Administrative Rulcs and Regulations rcgarding pay
Tcicphoncs promulgated concurrcntly herewith. pursuant to this section
may be retrieved upon payment to the City of a $250 retrieval fee, a $5
per day storage fee and payment to the City for the cost of repairing any
damage to City property caused by the installation of the Pay Telephone.
{#}(g) Any Pay Telephone permit issued in accordance herewith shall apply only
to the location or locations state on the Pay Telephone permit or permits.
The location and means of installation of Pay Telephones shall be subject
to the Department's approval.
{-}(h) Nothing in this Article shall be construed as a representation, promise, or
guarantee by the City that any other permit or other authorization
required under any City Ordinance for the installation of a Pay Telephone
shall be issued. The requirement for any and all other permits as may be
required by any City ordinance shall still apply and all other applicable
permit fees shall be due.
SECTION 2. SEVERABILITY.
If any section, subsection, clause, or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect on the 11th day of July , 1998.
PASSED AND ADOPTED this 1st day of July 1998.
ATTEST:
MAYOR
1.; 11r.1 �1 �Ad a'l APPROVED AS TO
CITY CLERK FORM & LANGUAGE
1st reading 6/17/98 & FOR EXECUTION
2nd reading 7/1/98 2
F:\ATTO\SACS\ORDINANC\PAYPHONE\PAYPHONE.ORD
114
City Attorney Dose
CITY OF MIAMI BEACH
:ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139
COMMISSION MEMORANDUM NO. J3 )—9 4
TO: Mayor Neisen O. Kasdin and DATE:July 1, 1998
Members of the City Co • ission
FROM: Sergio Rodriguez 4
City Manager Ari
SUBJECT: SECOND READING - AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,AMENDING
ORDINANCE NUMBER 95-3005 RELATING TO PAY TELEPHONES ON
PUBLIC STREETS AND SIDEWALKS; AMENDING SECTION 4 BY
PROVIDING FOR THE IMMEDIATE REMOVAL OF ANY PAY
TELEPHONE INSTALLED WITHOUT A PERMIT AND BY REDUCING
• FROM THIRTY DAYS TO FIVE DAYS THE TIME WITHIN WHICH THE
CITY MAY REMOVE A PHONE FOR WHICH THE PERMIT HAS BEEN
REVOKED AND BY PROVIDING A $250 RETRIEVAL FEE, A $5 PER
DAY STORAGE FEE, AND REPAIR COSTS FOR PAY TELEPHONES •
WHICH THE CITY HAS REMOVED; PROVIDING FOR PENALTIES,
REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION:
Adopt the Ordinance.
BACKGROUND:
Ordinance 95-3005 was adopted on July 26, 1995 and became effective on September 15, 1995.
Due to continuous conflicts with pay telephone operators regarding the permit process and the
placement of pay telephones without permits within the City's right-of-way, the Administration
recommended modifying some of the sections to strengthen certain provisions of the Ordinance.
At the Commission meeting of June 17, 1998,the amended Ordinance was approved on first reading.
ANALYSIS:
The amendments increase the penalties to pay telephone operators for placing their equipment on
the City's right-of-way without a permit. A higher fee for the retrieval of the equipment after the
City removes it and for damages caused to the City's right-of-way by the removal, will discourage
operators from placing pay telephones without permits. The new provision for storage fees for the
equipment will cover the costs to the City of handling and storing the equipment at the Public
AGENDA ITEM 5
DATE '7— 1-9 23
at 3:30 p.m. : —,\
AN ORDINANCE AMENDING ORDINANCE NO. 95-3005 RELATING TO PAY TELEPHONES ON PUBLIC STREETS
AND SIDEWALKS; AMENDING SECTION 4 BY PROVIDING FOR THE IMMEDIATE REMOVAL OF ANY PAY
TELEPHONE INSTALLED WITHOUT A PERMIT AND BY REDUCING FROM THIRTY DAYS TO FIVE DAYS THE TIME
WITHIN WHICH THE CITY MAY REMOVE A PHONE FOR WHICH THE PERMIT HAS BEEN REVOKED AND BY
PROVIDING A $250 RETRIEVAL FEE, A $5 PER DAY STORAGE FEE, AND REPAIR COSTS FOR PAY
TELEPHONES WHICH THE CITY HAS REMOVED; PROVIDING FOR REPEALER, SEVERABILITY, AND AN
I EFFECTIVE DATE.
\,INQUIRIES may be directed to the Office of the City Attorney at 673-7470.
All persons 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, City Hall, Miami Beach, Florida 33139. Copies of these
ordinances are available for public inspection during normal business hours in the City
Clerk's office. The hearing on these Ordinances may be continued at this meeting and under
such circumstances, additional legal notice would not be provided.
Pursuant to Section 286.0105, Fla. Stat. , the City hereby advises the public that: if a
person decides to appeal any decision made by the City Commission with respect to any matter
considered at its meeting or its hearing, such person must ensure that a verbatim record
of the proceedings 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 inadmissable or irrelevant evidence, nor does it
authorize challenges or appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act of 1990, persons needing special
accommodation to participate in this proceeding should 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 numbers, (800) 955-8771 (TDD) or
(800) 955-8770 (VOICE) , for assistance.
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Works Yard. The reduction in the notification period for the removal of pay telephones for which
permits have been revoked, and for pay telephones without permits, will facilitate the City's
enforcement of removal conditions in the Ordinance.
CONCLUSION:
The Administration recommends adoption of the amended Ordinance on second and final reading.
SR1/J dP/J iz
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