BIE - Newsrack (07/05/2024)MIAMI BEACH
C ity o f M iam i Beach, 170O Convention Center Drive, Miami Beach, Florido 33139, www.miamibeachtl.gov
TO:
FROM:
Mayor Steven Meiner and Members of the City Commission
Rickelle Williams, Interim City Manager /?0
MEETING DATE: July 24, 2024
SUBJECT: BUSINESS IMPACT ESTIMATE FOR:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, BY AMENDING CHAPTER 82, ENTITLED
"PUBLIC PROPERTY," ARTICLE IV, ENTITLED "USES IN PUBLIC
RIGHTS-OF-WAY," BY AMENDING DIVISION 3, ENTITLED
"NEWSRACKS," BY CREATING SECTION 82-259, ENTITLED
"NEWSRACKS AND NEWSPAPER STORAGE BOXES PROHIBITED IN
THE CITY'S HISTORIC DISTRICTS"; AND PROVIDING FOR
REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE
DATE.
Is a Business Impact Estimate Required?
IXl Yes D No (If no, please check one of the boxes below)
If one or more boxes are checked below, this means the City of Miami Beach has determined that
a Business Impact Estimate for the above-referenced Ordinance is not required by State law.
□The proposed Ordinance is required for compliance with Federal or State law or
regulation;
D The proposed Ordinance relates to the issuance or refinancing of debt;
D The proposed Ordinance relates to the adoption of budgets or budget amendments,
including revenue sources necessary to fund the budget;
D The proposed Ordinance is required to implement a contract or an agreement, including,
but not limited to, any Federal, State, local, or private grant or other financial assistance
accepted by the City;
D The proposed Ordinance is an emergency ordinance;
D The Ordinance relates to procurement; or
D The proposed Ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal
planning, and land development regulation, including zoning, development orders,
development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community development
districts;
c. Section 553. 73, Florida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
Business Impact Estimate
Page 2
If none of the above exceptions apply, this Business Impact Estimate is hereby provided
in accordance with Section 166.041(4), Florida Statutes.
1. A summary of the proposed Ordinance and its purpose is more fully set forth in the
Commission Memorandum accompanying the Ordinance, as well as in the recitals to the
Ordinance itself, which are attached hereto.
2. The City of Miami Beach estimates that the proposed Ordinance will have a direct
economic impact on a private, for-profit businesses in the City of Miami Beach, that the
proposed Ordinance will have direct compliance costs that businesses may reasonably
incur; that the proposed Ordinance will impose a new potential charge or fee for which
businesses will be financially responsible, and that the proposed Ordinance may impact
the City of Miami Beach's regulatory costs and may generate revenue from new charges
or fees.
The City of Miami Beach does not, at this time, know how many newsracks are placed in
the City because none are currently under a valid permit, which is required by our City
Code; but our estimation is that the Miami New Times is the only business with newsracks
placed in the City. We estimate that the direct cost of removing each newsrack from a
newly prohibited area to be $75 per newsrack. This amount would be borne by the
business placing the newsrack in a regulated area. If the company did not remove their
newsracks, the Ordinance requires the City's public works department to remove them
and dispose of them and to charge the business the cost of removal and disposal, which
is estimated to be $100 per newsrack.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The City of Miami Beach estimates that one business is likely to be impacted by the
proposed Ordinance.
14. Additional comments: None.
O rd in a n c es - R S J
M IA M I BEACH
C O M M IS S IO N M E M O RA N D U M
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
D A TE:
TITLE:
June 26, 2024 First Reading
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, BY AMENDING CHAPTER 82, ENTITLED "PUBLIC PROPERTY,"
ARTICLE IV, ENTITLED "USES IN PUBLIC RIGHTS-OF-WAY," BY AMENDING
DIVISION 3, ENTITLED "NEWSRACKS," BY CREATING SECTION 82-259,
EN TI TL ED "NEWSRACKS AN D NEWSPAPER STORAGE BOXES PROHIBITED IN
THE CITY'S HISTORIC DISTRICTS"; AND PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.
A N A L Y S IS
At the request of the sponsor, Commissioner David Suarez, this proposed ordinance is presented
to the Mayor and City Commission for your consideration on first reading.
The purpose of the proposed ordinance is to regulate the placement of newsracks and newspaper
storage boxes on public rights-of-way within locally and nationally designated historic districts
within the City of Miami Beach in order to maintain public safety, preserve the aesthetic character
of the City, and ensure unobstructed pedestrian and vehicular traffic flow in the historic districts.
There are currently no newsracks or newspaper storage boxes with a valid City permit for
placement on the rights-of-way in any historic district in the City of Miami Beach, though many
unpermitted newsracks remain on the City's rights-of-way, often in dilapidated condition, which
forces the Public Works Department to remove and dispose of the unpermitted and unsightly
newsracks, as they deteriorate.
Unpermitted newsracks and newspaper storage boxes currently placed on the City's rights-of-
way are, additionally, often left empty by their owners for long periods of time and are used by the
homeless to store personal belongings and by drug dealers to facilitate narcotics transactions.
Although these deleterious effects caused by newsracks and newspaper storage boxes impact
all of the City generally, the deleterious effects upon the City's historic districts, where the City
has a heightened interest in maintaining public safety, preserving the aesthetic character, and
ensuring unobstructed pedestrian and vehicular traffic flow, are particularly acute.
The City does not allow any other business, organization, or individual to place or maintain any
other box, container, or product dispenser of any kind on any of the public rights-of way of the
City. Multiple adequate alternative avenues of communication are available for the distribution of
printed newspapers and other publications in the City and in its historic districts.
Therefore, in order to maintain public safety, preserve the aesthetic character of the City's historic
districts, and ensure unobstructed pedestrian and vehicular traffic flow in these historic districts,
the proposed ordinance prohibits the placement or continued presence of any newsracks or
newspaper storage box on public rights-of-way in any locally or nationally designated historic
district within the City of Miami Beach.
A map of the City's historic districts is attached here and is available for online viewing at:
https://ww w.miamibeachfl.gov/city-hall/planning/maps-and-guidelines/.
FISCAL IMPACT STATEMENT
N/A
Applicable Area
Citywide
Is this a "Residents Right to Know" item,
pursuant to City Code Section 2-17?
Is this item related to a G.O. Bond
Project?
No No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
City Attorney
Sponsor(s)
Commissioner David Suarez
Co-sponsor( s)
Commissioner Joseph Magazine
O R D IN A N C E N O . _
A N O R D IN A N C E O F TH E M AY O R A N D C IT Y C O M M IS S IO N O F T H E
C ITY O F M IA M I BE A C H , FL O R ID A , A M E N D IN G T H E C O D E O F T H E
C ITY O F M IA M I B E A C H , B Y A M E N D IN G C H AP T E R 82, EN TI T L ED
"P U B LI C P R O P E R T Y," A R T IC L E IV, E N T IT L E D "U S E S IN P U B LI C
RI GH T S -O F-W AY," B Y A M E N D IN G D IV IS IO N 3, EN T IT L E D
"N E W S R A C K S," B Y C R E ATIN G S E C TI O N 82-259, EN TI T LE D
"N E W S RA C K S A N D N E W S P A P E R ST O RA G E B O X E S PR O H IB IT E D IN
TH E C IT Y 'S HIS TO R IC D IS T R IC T S "; A N D P R O V ID IN G FO R
R E P E A LE R , CO D IFIC AT IO N , S E V E RA B ILI TY , A N D A N EF F E C T IV E
DA TE .
W H E R E A S , the purpose of this ordinance is to regulate the placement of newsracks and
newspaper storage boxes on public rights-of-way within locally and nationally designated historic
districts within the City of Miami Beach in order to maintain public safety, preserve the aesthetic
character of the City, and ensure unobstructed pedestrian and vehicular traffic flow in the historic
districts; and
WHEREAS, there are currently no newsracks or newspaper storage boxes with a valid
City permit for placement on the rights-of-way in any historic district in the City of Miami Beach,
though many unpermitted newsracks remain on the City's rights-of-way, often in dilapidated
condition, which forces the Public Works Department to remove and dispose of the unpennitted
and unsightly newsracks as they deteriorate; and
WHEREAS, unpermitted newsracks and newspaper storage boxes currently placed on
the City's rights-of-way are. additionally, often left empty by their owners for long periods of time
and are used by the homeless to store personal belongings and by drug dealers to facilitate
narcotics transactions; and
WHEREAS, although these deleterious effects caused by newsracks and newspaper
storage boxes impact all of the City generally, the deleterious effects upon the City's historic
districts, where the City has a heightened interest in maintaining public safety, preserving the
aesthetic character, and ensuring unobstructed pedestrian and vehicular traffic flow, are
particularly acute: and
WHEREAS, the City does not allow any other business, organization, or individual to place
or maintain any other box, container, or product dispenser of any kind on any of the public rights-
of-way of the City; and
WHEREAS, multiple adequate alternative avenues of communication are available for the
distribution of printed newspapers and other publications in the City and in its historic districts;
and
WHEREAS, in order to maintain public safety, preserve the aesthetic character of the
City's historic districts, and ensure unobstructed pedestrian and vehicular traffic flow in these
historic districts, the Mayor and City Commission prohibit the placement or continued presence
of any newsrack or newspaper storage box on public rights-of-way in any locally or nationally
designated historic district within the City of Miami Beach.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
C H A PTER 82
PUB LI C PR O PERTY
A R TIC LE IV. • USES IN PUBLI C RIG H TS-O F-WAY
k k
DIVISION 3. · NEWSRACKS
t tr k
Sec. 82-259. - Newsracks and Newspaper storage boxes prohibited in the City's Historic
Districts.
(a) The placement or continued presence of any Newsrack or Newspaper storage box on
any rights-of-way in any locally or nationally designated historic district within the City of
Miami Beach is prohibited.
(b) The Publisher of any Newsrack or Newspaper storage box currently placed on the City's
rights-of-way in any local or national historic district within the City shall be provided
notice by the Department of the requirements of this section within ten (10) days of the
effective date of this section and shall remove any prohibited Newsrack or Newspaper
storage box within thirty (30) days of the effective date of this section
(b) Any Newsrack or Newspaper storage box placed or remaining on the City's rights-of-
way in any local or national historic district within the City shall be removed by the
Department. with the cost of removal and storage to be billed to the Publisher. If the
Publisher does not pay the Department and retrieve the Newsrack or Newspaper
storage box within ten (10) days, the Department may discard the Newsrack or
Newspaper storage box and proceed with collection for the outstanding billed amount.
(c) All other provisions of this division otherwise applicable to Newsracks and Newspaper
storage boxes shall be inapplicable to any Newsracks and Newspaper storage boxes
laced_ maintained, or remaining in any historic district
Secs.82-259 82-260-82-280. - Reserved.
SECTION 3. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 4. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall becom e and be m ade part of the Code of the C ity of M iam i Beach as
am ended; that the sections of this ordinance may be renum bered or relettered to accom plish such
in te n tio n ; a n d th a t th e w o rd "o rd in a n c e " m a y b e c h a n g e d to "s e c tio n " o r o th e r a p p ro p ria te w o rd .
SECTION 5. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DATE,
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this d ay of , 2024.
ATTEST: Steven Meiner, Mayor
Rafael E. Granado, City Clerk
(Sponsored by Commissioner David Suarez)
Underline denotes additions
Strike through denotes deletions.
APPROVE79
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Common Uses of Newsstand Boxes @
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• Used as trash cans
• Used to store personal
belongings
• Used for drug
transactions
• Used for pet waste
• Used for tagging Graffiti
S a f e t y C o n c e r n s
DAVID ST'ARE2
C O M M $o M t
• Cut and trip hazards
• Unnecessary
sidewalk obstructions
• Health hazards
• Broken Windows
Theory: Vandalism
encourages more
crime and disorder
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Miami New Times Newsrack Locations
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Property : Property
1 North Beach I 35 10
Mid Beach 19 36
South Beach 111 84
Total 165 130
Source: Miami New Times w ebsite
Miami Beach Historic Districts
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* About half the New Times
newsracks within historic
districts are located on private
property, and will remain
unaffected. * Neglected & abandoned
newsracks on the public right-
of-w ay don't fit it with the
overall aesthetic and design of
historic districts. * Approximately¾ of newsracks
on the public right-of-way are
located w ithin historic districts.
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F inancial Im p act of N ew sstan d Bo xes
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DAVID SARE?
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• Very little income is generated for the city ($25
per box per year)
• Total of $4,125 per year based on current
estimates
• Boxes are neglected by the owners
• C ity currently pays for all rem oval and disposal
costs of destroyed new sstand boxes (labor and
fees to unbolt, rem ove, and properly dispose of
the boxes)
Envi ronm ental Im pacts @
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• Waste of paper - Content is available online
• Print readership is low
• Most newspapers are not recycled
C o n c lu s io n @
DAVID SUAREZ
COMM1s5ton R
Due to the neglect and dilapidated condition of many of the Miami New Times
newsracks, the City has a compelling interest to remove the affected newsracks from
the public right-of-way and further regulate the existing newsracks.