LTC 103-2004 Amending Ordinance on Permitting and Locations of Newsracks
CITY OF MIAMI BEACH
Office of the City Manager
Letter to Commission No. 103-2004
m
To:
Mayor David Dermer and
Members of the City Commission
Date: May 4, 2004
From:
Jorge M. Gonzalez (~ ~ sr-
City Manager U (j
AMENDING THE ORDINANCE
LOCATIONS OF NEWRACKS
ADDRESSING
PERMITTING
AND
Subject:
In a previous letter I told you about the efforts of Public Works Department to revise the
current ordinance governing the permitting, location, and maintenance of portable
newspaper sales racks (newsracks). This process has gained momentum and the revised
ordinance, developed with the assistance of publisher representatives, is about to be
presented to the publishing industry for comment.
A meeting has been scheduled with the publishing industry for May 14, 2004 to present
and discuss the proposed revisions. I expect the final revision of the ordinance to be
presented to the City Commission for consideration at the meeting on June 9, 2004.
In the meantime, in an effort to continually improve the appearance of our city, we have
become more aggressive in the enforcement of the current ordinance. In March, letters
were sent to all the publishers doing business in Miami Beach explaining the ordinance
revision and that enforcement of the current ordinance would be increased during April.
On April 1 , 2004 "Advisory Notifications" were mailed to all publishers with newsracks not in
compliance with the current ordinance. These letters explained that newsracks not in
compliance would be tagged in 15 days. A sample of the "tag" is attached. "Letters of
Violation" were mailed on April 15, 2004, to publishers with newsracks still not in
compliance informing them that the tagged newsracks would be removed in 15 days. The
response has been seventy-eight (78) applications for existing non-permitted newsracks.
We anticipate removing approximately 100 newsracks that are not in compliance, during
May.
Due to the participation in the process by the major publishers such as the Miami Herald,
SunPost, USA Today, Street, Entertainment Weekly etc... we do not expect much
controversy. However, some of the smaller publishers, who have not responded to our
correspondence, might take exception to the action.
~~estions or need additional information, please feel free to contact me.
c: Robert C. Middaugh, Assistant City Manager
Fred H. Beckmann, Public Works Director
CITY OF MIAMI BEACH
1700 Convention Center Drive, Miami Beach FI33139
http://miamibeachfl.gov
Public Works Department
Telephone (305) 673-7080
Facsimile (305) 673-7028
March 5, 2004
THE PUBLISHER
Attn: Elton John
1000 Sky Pkwy,
Miami Beach, FL 33139
Dear:
The City of Miami Beach works hard to secure and promote the public health, safety,
aesthetic values and general welfare of the residents and visitors in their use of public
right-of-way. The City is experiencing a problem with the proliferation of newsracks. The
Public Works Department has completed an audit of all newsrack located on the City
right of ways. Many newsracks have been identified as being non-permitted, in
disrepair, abandoned or simply not in compliance with the City ordinance governing the
placement and maintenance of newsracks. The City is encouraging the owners to take
action in order to comply with the requirement of the city code.
Please be advised that beginning on March 24, 2004, we are going to strictly enforce
the City Ordinance requiring newsracks placed in the public right-of-way of the City of
Miami Beach to be properly permitted and maintained. Failure to comply will result in
the removal of the newsrack in accordance with City Ordinance 2001-3317.
Please contact Jose Rivas, Engineering Division, if you have any question regarding
this issue at (305)673-7080.
Your timely cooperation will be appreciated.
Sincerely,
Robert Halfhill
Assistant Public Works Director
RH\JR
C: Michael Alvarez, Assistant Public Works Director
Arshad Viqar, City Engineer
File
F:\WORK\SALL\NEWSRACKS\Newsracks in violation_2003\THE EMPLOYMENT GUIDE\Advisory NoticeJHE EMPLOYMENT GUIDE 8_18_03.doc
ENCLOSURE 1
CITY OF MIAMI BEACH
1700 Convention Center Drive, Miami Beach FI 33139
http://miamibeachfl.gov
Public Works Department
Telephone (305) 673-7080
Facsimile (305) 673-7028
April 15, 2004
THE PUBLISHER
Attn: Elton John
1000 Sky Pkwy,
Miami Beach, FL 33139
Dear:
The City of Miami Beach strives to secure and promote the public health, safety,
aesthetic values and general welfare of the residents, visitors and businesses. One of
the challenges facing Miami Beach is the proliferation of newsracks. Many newsracks
have been identified as being non-permitted, in disrepair, abandoned or simply not in
compliance with the City ordinance governing the placement and maintenance of
newsracks. The City is encouraging the owners to take action in order to comply with
the requirement of the City code.
One of the tools in resolving the newsrack situation is City ordinance 2001-3317. A
steering committee consisting of City staff, citizens and publishers has reviewed the
ordinance and developed changes which would benefit the City in enforcement and the
publishers in marketing their product. With this intent we will be presenting the revisions
to the City Commission for consideration.
Prior to presenting the revised ordinance to the City Commission, an informational
meeting will be held to brief the publishing community on the proposed changes. A
copy of the ordinance is attached for your review prior to the meeting. The meeting is
scheduled for 10:00 a.m. on Friday, May 14, 2004 at Miami Beach City Hall, located at
1700 Convention Center Drive, Miami Beach. We will be meeting in the large
conference room on the first floor. There will be signs directing you.
Please contact Jose Rivas, Engineering Division, if you have any question at (305)673-
7080.
Sincerely,
Fred H. Beckmann, P.E.
Director of Public Works
ENCLOSURE 2
\
W
C
o
o
W
J:
....
LL
o 2it.
o
Z ~ ~c
o ~ ~.2
j:: 13 Ern
<C ~ o.
...J (f) a 0
o ~ -(/)
:> !E ~;s
enz":-:' ~ c....
::.:::_en C> (1],E
oenz c(/)
<C-o en o~
0::::.::: en ~.B ~
zeno..... '0:::_(/)....
:> ..... ~ .- -
o:><CW u)(1]~ 0
-WO::o:: 'E::(1]....
.... z ." ,,, ~ I/) :: ~
<C w...., Ol/)~'O
...IN';:z ..e'OE
o co W :> (/) 0 .- ~
-o::z> S' ~"'C~c::
~weng 8 ~~ ~~
O~:;:...J ~ -....0(1]
.........0 .... -0(1]0>
w<C.... c-'E~E(1]~
OJ:....LL O~~Occ=
j::O<c~ -~EC~(1](1]
OwJ:.... gl-~~~:sE
z c .... _ '0'- ~ ~ I/) ~
o 0:: .- c t:: - .... ~ E
ow 0 E (1] ~ .~ (1] '0 .-
o .... >(1]E~X
>_LL_~ 1/)'0 E 0.(1]
.... .... J: 'E 0... a (1] .... . ~ (/) E
- 0 0 ~ C 'in (/) ~ '0 ~ (/)
o z <C E .2 C ~ a. ~ ~ '0
Zwcrn~-eoa.~
",., 0.... Ea.a.(1] ~
W .... '0 en ._ .!Q 0... E 0
> - C._ 0 0 E .......-;:::... x
m:::&(1]g>.......-.......-;:::...__w
,-,c(.c ..-......-....-...~(J)""'-'"
>-$~:s~~.ri.ri:O
m:::&co~cococol"-I"-I"-
WLLO('f)LOLOLOLOLOLO
0::0~~~~~~~~
W>NNNNNNNN
J:....COCO CO co coco co co
woaaaaaaaa....
et: ;:;+:i+:i:;:i+:;:;:::;+:;+:;(]J
.....~oooooooo.c
..........~~~~~~~~-
:)....(f)(f)(f)(f)(f)(f)(f)(f)0
OLL
>0000000000
\
o
~ - C
'000
o >-~
O=~
>-.0 ~
~'in C"
Oc>-
C 0 C
g.(1]
'O~Q)
~ .... >
:2~(1]
>.c.c
0_
a.~5
(/).0 >-
(1]=_
(1]'-
~.c .-
o (/) C
(1] 0
s.... _._
I/) ~ (/)
:: O)'S;
~ (1]'-
caO
I/) - 0)
.- (/), c
E 'O'C
_c~
o (1] ~
__c
(1] (1]'-
>>0)
o 0 c
EEw
~~(/)
........~
....
~ 0) 0
E.~~
c'O
._ ~ 0
- 0 .0'-
-c
~.- ~
~ _0...
L-J!}...... .
>-(/)00
(1] o (1] co
EO'Eo
= o Ii"
c<(o('f)
.2 . ~ I"-
t5N(/)co
(1]0(1]i!)
N~
~ 1-0
>No...('f)
.- co .......-
o'O...:rn
~ c ~ ~
....(1]C~
8~::1/)
o (/)
~ 0 .-
~ ~ 13 .!Q
(1]N....c
.....co~......
.BI/)~g>
~ C :>.-
....O~'O
~~crn
=O~O)
(1]~.c~
L1..(f)_....
/