93-2843 Ordinance
ORDINANCE NO.
93-2843
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER
25, ENTITLED "03FENSES-MISCELLANEOUS" BY ADDITION OF
SECTION 25-81, ENTITLED, "UNAUTHORIZED SIGNS ON PUBLIC
PROPERTY PROHIBITED; ENFORCEMENT; PENALTIES," PROHIBITING
THE PLACING OF UNAUTHORIZED SIGNS ON PUBLIC RIGHT-OF-WAY,
PROVIDING ENFORCEMENT PROCEDURES, PROVIDING FOR CIVIL
FINES FOR VIOLATIONS, APPEALS OF VIOLATIONS, PROVIDING
THAT UNPAID FINES SHALL CONSTITUTE LIENS WHICH MAY BE
FORECLOSED; PROVIDING FOR REPEALER, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the unauthorized placement of signs, posters and
advertisements on public property and upon objects located within
the public right-of-way creates visual clutter and threatens the
safety of pedestrians by competing for the attention of pedestrians
and vehicular traffic; and
WHEREAS, the provisions contained herein will improve public
safety and enhance the appearance and economic well-being of the
city of Miami Beach.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1. ADDITION OF SECTION 25-81.
That Miami Beach city Code Chapter 25 entitled, "Offenses-
Miscellaneous" is hereby amended by addition of Section 25-81 to
read as follows:
Sec. 25-81.
placinq of siqns on public property and
sidewalks prohibited; exemptions; enforcement;
penalties.
igl It shall be unlawful for any person to place, post or
affix any siqn upon a public buildinq, fence, wall. boardwalk,
pole or other obiect or structure or upon a sidewalk or obiect
located upon a sidewalk located wi thin the city of Miami
Beach.
iQl For purposes of this section the followinq words shall
have the followinq meaninqs:
.ill "Siqn"
shall
mean
any
handbill,
poster,
advertisement, or other written or printed messaqe or
other communication.
m.. "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.
ill "Public" shall mean owned. operated or controlled by
a qoyernmental entity.
lQl Exemptions. The followinq shall be exempt from paraqraph
(a) herein:
ill Siqns authorized bY the city pursuant to Subsection
9-3.C.l of Zoninq Ordinance No. 89-2665 as amended.
i2l Official traffic siqns, information siqns and
warninq siqns erected by a qoyernmental aqency and
temporary siqns indicating danqer.
.ill.. Historical markers approved bY the city of Miami
Beach Historic Preservation Board.
iQl Enforcement bY Code inspectors: notice of violation.
If a code inspector as defined in chapter 9B of the Miami
Beach city Code finds a violation of this article. said
inspector shall issue a notice of violation to the violator as
provided in chapter 9B. The notice shall inform the violator
of the nature of the violation, amount of fine for which the
violator may be liable, instructions and due date for payinq
the fine, notice that the violation may be appealed by
requestinq an administrative hearinq within twenty (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 riqht to a hearing.
19l civil fines for violators.
The followinq civil fines shall be imposed for each violation
of this article:
ill First offense: $50
i2l Second offense: $250
.ill.. Third offense: $500
iil Riqhts of violators: payment of fine: riqht to appeal:
failure to pay civil fine, or to appeal.
ill A violator who has been served with a notice of violation
2
shall elect either to:
ill Pay the civil fine in the manner indicated on the
notice: or
(ii) Request an administrative hearinq before a special
master appointed bv the citv Commission upon
recommendation of the city Manaqer to appeal the
decision of the code inspector which resulted in
the issuance of the notice of violation.
~ The procedures for appeal by administrative hearinq of
the notice of violation shall be as set forth in section 20-43
and 20-44 of the Miami Beach city Code.
idl If the named violator after notice fails to pay the civil
fine or fails to timelY request an administrative hearinq
before a special master, the special master shall be informed
of such failure by report from the code inspector. Failure of
the named violator to appeal the decision of the code
inspector within the prescribed time period shall constitute
a waiver of the violator's riqht to administrative hearinq
before the Special Master. A waiver of the riqht to an
administrative hearinq shall be treated as an admission of the
violation and penalties may be assessed accordinqlY.
1il Any party aqqrieved by the decision of a special master
may appeal that decision to a court of competent iurisdiction.
i9l Recovery of unpaid fines: unpaid fines to constitute a
lien: foreclosure
ill The city of Miami Beach may institute proceedinqs in a
court of competent iurisdiction to compel payment of civil
fines.
~ A certified COpy of an order imposinq a civil fine may be
recorded in the public records and thereafter shall constitute
a lien upon any other real or ?ersonal property owned bY the
violator and it may be enforced in the same manner as a court
judgment by the sheriffs of the this state. includinq levy
against the personal property, but shall not be deemed to be
a court iudqment except for enforcement ?urposes. After two
3
(2) months from the filinq of anv such lien which remains
unpaid. the citv of Miami Beach mav foreclose or otherwise
execute upon the lien.
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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.
That all Ordinances or parts of Ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 4.
EFFECTIVE DATE.
This Ordinance shall take effect ten (10) days after its
adoption.
1st reading
2nd reading
--
PASSED and ADOPTED this 21st
ATTEST:
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CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
CITY OF MIAMI BEACH
OFFICE OF THE CITY MANAGER
TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. dO~-93
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE: April 21, 1993
FROM:
SUBJECT:
RBVISIONS TO MISCBLLANBOUS OFFBNSBS--CHAPTBR 25 OF THE
CITY CODB REGARDING UlfAUTHORIZBD SIONS ON PUBLIC PROPBRTY
Administrative Recommendation
The Administration recommends the adoption of this proposed
amendment on second reading of Section 25-S1 pertaining to the
prohibition of unauthorized signs on public property.
Analvsis:
Sect. 25-S1(a)
prOhibits any person to place or post any
sign upon a public building, fence, wall,
boardwalk, pole or other object or
structure or upon a sidewalk.
Sect. 25-S1(c)
Sect. 25-S1(d)
provides for definitions of
sidewalk, and public.
provides for exceptions.
provides for enforcement and notices of
violation, appeal time, and the rights of
hearings.
sign,
Sect. 25-S1 (b)
Sect. 25-S1(e)
Sect. 25-S1(f)
provides for civil fines for violators.
provides for rights of violators, payment
of fines, rights to appeal, and failure to
pay fines.
Sect. 25-S1(g)
recovery of unpaid fines, liens, and
foreclosure.
CONCLUSION
The accumulation of unauthorized signs on public property are
detrimental to our existence as a tourist mecca.
This proposal provides procedures and fines to eliminate the visual
clutter that threatens the safety of pedestrians and our economic
well being.
47
AGENDA
ITEM
R- 3-F
4-2 J~ q3>
DATE