2002-3359 ORDORDINANCE NO. 2002-3359
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA AMENDING CHAPTER 82 OF THE
MIAMI BEACH CITY CODE ENTITLED "PUBLIC
PROPERTY' BY AMENDING SECTION 82-412
THEREOF ENTITLED "POSTING OF SIGNS ON
UTILITY COMPANY PROPERTY OR PUBLIC
PROPERTY PROHIBITED; ENFORCEMENT;
FINES; APPEAL"; BY AMENDING SUBSECTION
(A) AND (F) THEREOF TO PROVIDE FOR THE
ENFORCEMENT OF AND PENALTIES FOR
ILLEGAL SIGNS IN THE RIGHT-OF-WAY
AFFIXED OR SECURED; PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY,
AND AN EFFECTIVE DATE.
WHEREAS, it is the policy of the City of Miami Beach that public property be
maintained clean and free of illegal signage and for the enjoyment of all residents,
visitors and public at large; and
WHEREAS, this amendment will establish criteria for the different types of signs
placed or erected in the public right-of-way and differentiates between easily removal
signs and signs that are cumbersome and time-consuming for staff to remove.
NOW THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. AMENDMENT OF SECTION 82-412 OF THE CITY CODE.
That Section 82-412, of the Code of the City of Miami Beach is hereby
amended as follows:
Sec. 82-412. Posting of signs on utility company property or public property
prohibited; enforcement; fines; appeal.
(a)
Co)
(c)
Generally. It shall be unlawful for any person to place, post or
affix, own, or be the benefactor of the placing, posting, or
affixing of, any sign upon a public sidewalk, building, fence,
wall, broadwalk, pole, apparatus or equipment belonging to an
electric utility company or other object or structure located
upon a public sidewalk, swale, area or median within the city.
In addition to any other remedy available by law or ordinance,
enforcement against the owner or benefactor and/or person who
placed, posted or affixed the sign shall be as outlined in this
section. A lessor (or sublessor) of premises which are the
subject of an illegal sign without the knowledge or approval or
benefit of such lessor (or sublessor) shall not be liable for
violations under this ordinance.
(1) Signs qtfixed or held with a securing device. In the event
that an illegal sign(s) in the right-of-way is affixed with an
adhesive, glue, staples, tacks, or nails that require extra ordinary
effort, labor and or material to remove, then said sign shall be
subject to enforcement as outlined in this section.
Authorizing others to post signs prohibited. It shall be unlawful
for any person to knowingly authorize or employ any person to
cause the placing, posting or affixing of any sign not exempt
pursuant to subsection 82-142(d) herein upon a public
sidewalk, building, fence, wall, boardwalk, pole or other object
or structure located upon a public sidewalk, swale area or
median within the city.
Definitions. For the purpose of this section the following words
shall have the following meanings:
Extra Ordinary Effort. Labor and or Material shall mean where
a city employee cannot remove the signs by simply standing on
the public fight-of-way and pulling on the sign for its removal,
extra ordinary effort, labor and material include having to
scrape, pry, with a device, and or reach with a ladder or lifting
device, and or require more than one individual for removal,
and or require patching or painting, or in the case of attachment
to landscaping require special treatment to the trees or plant
material to which it was attached.
Median shall mean that area of the street between vehicular
traffic lanes and improved by concrete and/or landscaping.
(e)
(0
(d)
Offense shall mean either an uncontested notice of violation
issued by a code compliance officer or a finding of violation by
a special master.
Person shall mean any individual, trust, labor union,
partnership, limited partnership, corporation or other business
entity.
Sidewalk shall mean the area located between a curb line or
lateral line of a street and the adjacent property line and which
is intended for use by pedestrians.
Sign shall mean any handbill, poster, advertisement, or other
written or printed message or other communication.
Swale area shall mean that area between the property line and
the back of the street curb on the edge of the paved roadway.
Exemptions. The following shall be exempt from subsection 82-
412(a) and(b):
(1) Signs authorized by the city pursuant to subsection 82-41 l(d).
(2)
Official traffic signals, information signs and warning signs
erected by a governmental agency and temporary signs
indicating danger.
(3) Historical markers approved by the city historic preservation
board.
(4) Temporary special public event directional signs approved
pursuant to article IV of this chapter.
Enforcement by code compliance officers; notice of violation. If a
code officer as defined in chapter 30 finds a violation of this
article, such code compliance officer shall issue a notice of
violation to the violator of the nature of the violation, amount of
fine for which the violator is liable, instructions and due date for
paying the fine, notice that the violation may be appealed by
requesting an administrative heating within 20 days after service of
the notice of violation, and that failure to do so shall constitute an
admission of the violations and waiver of the right to a hearing.
Civil fines for violators. The following civil fines shall be imposed
for each violation of this article:
(1) First offense .......................... $50.00
(2) Second offense (within one year
of the first offense) .................
(3) Third offense/additional offenses
(within one year of the first
offense) ............................
(4) First offense for illegal sign(s) in the
public right-of-way affixed with an
adhesive, glue, staples, tacks or nails
that require extra ordinary effort, labor
and materials to remove .....
$250.00
$500.00
$150.00
(5) Second offense (within one year of the first
of the first offense) for illegal sign(s) in the
public right-of-way affixed with an
adhesive, glue, staples, tacks or nails
that require extra ordinar~ effort, labor and
materials to remove .......
(6) Third offense/additional offenses (within
one year of the first offense) for illegal
sign(s) in the public right-of-way affixed
with an adhesive, glue, staples, tacks or nails
that require extra ordinary effort, labor and
materials to remove .........
$400.00
$750.00
SECTION 2. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same
are hereby repealed.
SECTION 3. SEVERABILITY
If any 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
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 $. EFFECTIVE DATE
This Ordinance shall take effect ten days after adc
PASSED AND ADOPTED this f0i:h~day of
/
2002.
egMAgOR
AT~EST:
· CITY C~LERK
FOI &
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of Miami Reach, Florida, in the
Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, April tO, 2002, at the
times listed bMow, to ~Osider the following:
AN ORDINANCE AMENDING ORDINANCE NO. 1605, THE uNcLAssIFIED EMPLOYEES SALARY ORDINANCE. INCREASING ON THE FIRST PAY
PERtOD STARTING MAY 1, 2002, THE MINIMUM OF THE RANGES RY 4% AND THE MAXIMUM OF THE HANG~:S By 4 755%. PROVIDING FOR A I
REPEALER, SEVERADILITY, EFFECTIVE DATE AND CODIFICAT ON.
J l aria=IRa.mo: ' ·
I ] AN ORDI_N~..NCE AMENDING ORDINANCE NO. 789, THECLASSIFIED EMPLOYEES SALARY ORD NAN(iL, FOR CLASS F CATIONS 'IN GROUP VI
J I BEING O~rHE, CLASSIFICATIONS IN THE CLASSIFIED SERVICE NOT COVERED RYA BARGAINING UNIT; INCREASING ON THE FIRST PAY PERIO0
/ I OF THE RA,GES BY 4% AND THE MDM OF THE R GES Ry 4.785%, TO REFLECT THE CURRENT
~J I ~L/~oo[r~,/~ ~ur~,,~r~u ~/~y ~Y~;II:M; PROVIDING FOR A REPEALER, SEVERABIUTY, EFFECTIVE DATE AND CODIFICATION.
at 10:17 a.m.
AN ORDINANCE AMENDING CHAPTER 2 OF THE MI~AI~..I BEACH CITY CODE ENTITLED "ADMINISTRATION" BY AMENDING ARTICLE III THEREOF
ENTITLED 'AGENCIES, BOARDS AND COMMITTEES; BY'AMENDING DIVISION 9 THEREOF ENTITLED "HEALTH ADVISORY COMMITTEE"; BY
AMENDING SECTION 2-81 (D) ENTITLED "COMPOSITION: BY AMENDING THE MEMBERSHIP OF THE BOARD TO ELIMINATE A MEMBER FROM
THE MIAMI HEART INSTITUTE AND ADDING AN ADDITIONAL BOARD MEMBER WHICH MAY BE
FACIUTY; PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY, AND AN EFFECTIVE DATE.
Inqalriss may be directed to the Human Resources Department at (305) 673-7524.
at 10:60 a.m.
AN ORDINANCE AMENDING CHAPTER 82 OF THE MIAMI BEACH CITY CODE ENTITLED "PUBLIC PROPERTY" BY AMENDING SECTION 82-412
THEREOF ENTITLED "POSTING oF SIGNS ON UTILITY COMPANY PROPERTY OR PL~BL C PROPERTY PROHIBITED; ENFORCEMENT; FINES;
APPEAL"; BY AMENDING SUBSECTION (A) AND (F) THEREOF TO PROVIDE FOR THE ENFORCEMENT OF AND PENALTIES FOR ILLEGAL SIGNS
THE RIGHT-OF-WAY AFFIXED OR SECURED; PROVIDING FOR CODIFICATION, REPEALER, SEVERARILITY, AND AN EFFECTIVE DATE.
Inquiries may be directed to the Neighborhood Services Department at (305) 673-7077.
i at 3:30 p.m.:
AN ORDINANCE AMENDING CHAPTER 14 OF THE MIAMI I BEACH C11~' CODE, ENTITLED "BUILDING REGULATIONS," BY AMENDING CHAPTER
14 TO PROVIDE FOR A PART I WHICH WILL CONTAIN THE CURRENT CONSTRUCTION STANDARDS AND BY MAKING THE CURRENT
CONSTRUCTION STANDARDS APPLICABLE TO PERMITS APPLIED FOR BEFORE MARCH 1, 2002; BY CREATING A PART II TO CHAPTER 14
WHICH WILL ADOPT THE FLORIDA BUILDING CODE AND PROVIDE FOR CONSTRUCTION STANDARDS TO BE APPLICADLE TO PERMITS APPUED
FOR ON OR AFTEi~ MARCH 1,2002; AND BY AMENDING THE FEE SCHEDULE SET FORTH IN APPENDIX A TO THE CITY CODE TO PROVIDE FEES
AND CHARGES FOR PART II TO. CHAPTER 14; PROVIDING FOR A REPEALER, CODIRCATION. SEVERABIUTY, AND AN EFFECTIVE DATE.
Inquiries may be directed to the Building Department at (305) 673-7610.
AN ORDINANCE AMENDING THE LAND DEVELOPMENT REGULATIONS'OF THE CODE OFTHE CITY OE MIAMI BEACH, BY AMENDING CHAPTER
142, "ZONING DISTRICTS AND REGULATIONS", ARTICLE II, "DISTRICT REGULATIONS", DIVISION 2, "SINGLE FAMILY RESIDENTIAL DISTRICTS,"
BY CREATING PROCEDURES FOR THE REVIEW AND APPROVAL OF DEMOLITION REQUESTS FOR ARCHITECTURALLY SIGNIFICANT SINGLE
FAMILY HOMES CONSTRUCTED PRIOR TO 1962 AND NOT LOCATED W TH N A DESIGNATED HISTORIC DISTR~"T; PROVIDING FOR REPEALER,
CODIFICATION, SEVERARIUTYAND AN EFFECTIVE DATE.
Inquiries may be directed to the Planning Department at (305) 673-7550. :
ALL INTERESTED PARTIES are invited fo 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 Roor, 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: 1700 Convention Contor Drive; 1 st
Floor, City Hall, Miata Beach, Rorida33139. This meeUnq may be conUnued and under such circumstances additional legal noUce would not
be provided.
Robert E. Parcher, ~ Clerk
City of Miami Beach
Pursumtt to SocUou 286.0105, Fla. Stat., the City hereby advises the ~ubllc that:, if a person decides to appeal af~y 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 inadmissible or irrelevant evidence, ndr does it authorize
challenges or appeals not otherwise allowed by law, , , , ~ ,
' '[ I In:a~cordame~ .With_ (he .AmeriOan~'[vith, D~biiities'P,c~ ~990-p~rs~s,n~eclla(~ seesia .ce~m~monJr..ar~.h~,,-I. th
[' I au d contact the City Clerk s Office no later than four days poor to the proceeding, telephone (305) 673-7411 for assletance~ if hesi~lg
r, I impaired, telephone the Florida Relay Service niJrfll:/er~,~(800)-BsS.8771 ('rDD) or (800)955-8770 I)/OICE), for assistan~;e.
CiTY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
Condensed Title:
An ordinance amending City of Miami Beach Code, "posting of signs on utility company property or public
Iproperty prohibited", to increase penalties for affixing illegal signs in a manner that hinders removal.
Issue:
Shall the City of Miami Beach Commission amend the City of Miami Beach Code to increase the fines for
illegal signs placed in the public right-of-way that are affixed or secured in a manner that hinders the
removal.
Item Summary/Recommendation:
Presently, Section 82-412, of the City of Miami Beach Code does not distinguish between a small paper
sign such as, a homemade garage sale sign and a professionally produced sign. All public property illegal
signs violations are enforced equally regardless of the intent, financial gain to the benefactor or sign
removal process, which can be labor intensive and costly to the City. Handbills placed on public property
with an adhesive backing require the use of cleaners to remove the sign and the glue/adhesive used to
secure the sign. A cleaning team has been created to scrape and remove the remainder of the handbills on
the light poles and stop signs. The hourly cost for enforcement of the sign ordinance and removal is
approximately $100, and includes the use of a pressure cleaner, one property maintenance staff person
and one code compliance officer. By increasing the fine from $50, to $150, for a first offense, it will provide
the City with a useful tool for controlling litter and improving the overall appearance of City streets and
neighborhoods. The ordinance was approved on first reading at the commission meeting held on Mamh 20,
2002.
Advisory Board Recommendation:
JN/A
I-Inan~lal
Amount to be expended:
~ 0.00
Funds:
I
Finance Dept.
AGENDA ITEM
OATE
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 · ~
wvwv.ci.miami-beach.fl.us ~
To:
From:
Subject:
COMMISSION MEMORANDUM
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez t ~
City Manager
Date: April 10, 2002
SECOND READING
PUBLIC HEARING
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA AMENDING CHAPTER 82 OF THE MIAMI BEACH
CITY CODE ENTITLED "PUBLIC PROPERTY" BY AMENDING SECTION 82-
412 THEREOF ENTITLED "POSTING OF SIGNS ON UTILITY COMPANY
PROPERTY OR PUBLIC PROPERTY PROHIBITED; ENFORCEMENT; FINES;
APPEAL"; BY AMENDING SUBSECTION (A) AND (F) THEREOF TO
PROVIDE FOR THE ENFORCEMENT OF AND PENALTIES FOR ILLEGAL
SIGNS IN THE RIGHT-OF-WAY AFFIXED OR SECURED; PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION:
Adopt the ordinance.
ANALYSIS:
All signs on public property are illegal unless they are authorized by the City of Miami
Beach. Examples of authorized signs are official traffic signals, information signs, warning
signs erected by a governmental agency, historical markers approved by the City Histodc
Preservation Board and temporary special public event directional signs.
The ordinance prohibiting signs on public property was amended July 18, 2001, to provide
for the prosecution of the owner or benefactor of the illegal advertisements placed on City
property. That was the last amendment to Section 82-412.
Presently, Section 82-412, of the City Code does not distinguish between a small paper
sign such as, a homemade garage sale sign and a professionally produced sign. All public
property illegal signs violations are enfomed equally regardless of the intent, financial gain
to the benefactor, environmental considerations or the sign removal process, which can be
labor intensive and costly to the City. This amendment differentiates between easily
removal signs and signs that are cumbersome and time-consuming for staff to remove.
Commission Memorandum
April 10, 2002
Page 2
Handbills placed on public property with an adhesive backing require the use of cleaners to
remove the sign and glue/adhesive used to secure the sign. A cleaning team has been
created to scrape and remove the remainder of the handbills on the light poles and stop
signs. The hourly cost for enforcement of the sign ordinance and removal is approximately
$100, and includes the use of a pressure cleaner, one property maintenance staff person
and one code compliance officer.
Currently, this cost is not being collected from the parties responsible for the posting of the
signs on city property. The signs/handbills that are secured with adhesive/glue make it
more labor intensive to remove. As such, these types of signs should be distinguished
from the signs that can be easily removed. A larger fine should be imposed for those signs
that are more difficult to be removed and require the City to incur additional expenses.
Events such as the recent Source Awards, in which 4,387, posters and handbills were
collected, create a hardship for the City especially as we try to maintain the overall
appearance of our streets and neighborhoods clean and aesthetically pleasing.
Last fiscal year, the City collected $99,163.00, for illegal posters, handbills and signs. With
the proposed increases in the fine schedule, we project that collections may increase to
approximately $200,000.00. However, this amendment was drafted primarily as a
disincentive for upcoming events such as Memorial Day not as a revenue-generating tool
for the City.
By increasing the fine from $50, to $150, for a first offense, $250, to $400, for the second
offense, and finally $500, to $750 for the third offense, this amendment will act as a
deterrent to promoters, nightclubs, record companies and/or clothing manufacturers from
printing handbills with an adhesive backing. Additionally, it will provide the City with a useful
tool for controlling lifter and improving safety and aesthetics in the City.
The ordinance was approved on first reading atthe commission meeting held on Mamh 20,
2002. Approval is recommended.
JMG/RCMIV~/AC/kc