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Home My WebLink AboutO-13900City of Miami q Legislation Ordinance: 13900 File Number: 6841 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 4/9/2020 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE I/SECTION 54-9 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "STREETS AND SIDEWALKS/IN GENERAL/PLACING SIGNS, ADVERTISEMENT, OR DISPLAYS ON ANY PORTION OF PUBLIC RIGHT-OF-WAY, STREET OR SIDEWALK SURFACE," BY ESTABLISHING STANDARDS BY WHICH COMMUNICATION KIOSKS WITH ADVERTISEMENTS MAY BE PERMITTED ON THE PUBLIC RIGHT-OF- WAY; FURTHER AUTHORIZING THE CITY OF MIAMI ("CITY") TO OPT OUT OF CERTAIN MIAMI-DADE COUNTY SIGN REGULATIONS IN THE CITY'S URBAN CORE FOR SIGNS IN THE PUBLIC RIGHT-OF-WAY; DIRECTING TRANSMITTAL OF THIS ORDINANCE BY THE CITY CLERK TO THE DIRECTOR OF MIAMI-DADE COUNTY'S DEPARTMENT OF REGULATORY AND ECONOMIC RESOURCES WITHIN FIFTEEN (15) DAYS OF ADOPTION THEREOF; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, Section 54-9 of the Code of the City of Miami, Florida, as amended ("City Code"), regulates the placement of signs, advertisements, and displays on any portion of the public right-of-way, street, or sidewalk surface (collectively, "ROW") within the City of Miami ("City"); and WHEREAS, Section 54-9 of the City Code prohibits signage generally in the ROW unless otherwise authorized; and WHEREAS, the City Commission wishes to allow for advertisements to be placed on the ROW when such advertisement is part of a communication kiosk or City -owned property procured by the City; and WHEREAS, Chapter 33, Article VI of the Miami -Dade County Code of Ordinances ("County Sign Code") sets forth the Countywide minimum requirements for signage, applicable within all municipalities in Miami -Dade County, including the City; and WHEREAS, on January 23, 2019, the Board of County Commissioners of Miami -Dade County adopted Ordinance No. 19-5, which, inter alis, allows the City to opt out of certain provisions of the County Sign Code ("Opt -Out Ordinance") within the area defined therein as the Urban Core; and WHEREAS, the City Commission wishes to opt out of the County Sign Code in the Urban Core to the extent allowed by the Opt -Out Ordinance for signage within the ROW; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 1 of 3 File ID: 6841 (Revision: A) Printed On: 4/28/2020 File ID: 6841 Enactment Number: 13900 Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 54, Article I, Section 54-9 of the City Code is further amended in the following particulars:' "CHAPTER 54 STREETS AND SIDEWALKS ARTICLE I. IN GENERAL Sec. 54-9. Placing signs, advertisement, or displays on any portion of public right-of-way, street or sidewalk surface. (h)(1) Notwithstanding any other prohibitions in this Chapter to the contrary, the City may place or contract for placement advertisements or displays on communication kiosks within the public right-of-way or on City -owned property when such advertisements or displays are part of a communication kiosk program. Such advertisements or displays will be permitted only when the communication kiosk program is procured in a non-exclusive manner and in accordance with Chapter 18, Article III of the City Code, titled "City of Miami Procurement Ordinance," and subject to compliance with all applicable permits, contracts, and competitive solicitation requirements, governmental reviews, approvals, codes, rules, regulations, ordinances, statutes, and contract provisions. All contracts for placement of advertisements under this Section shall contain provisions for a portion of the revenue to accrue to the City. (2) The following definitions will apply to this Section of the City Code: Communication Kiosk means a physical interactive device which disseminates information to the general public such as, but not limited to, emergency, transit, special event information, and advertisement information. Such device may be installed at a maximum of one (1) per square as defined in Chapter 54, Article IV of the City Code. Communication Kiosk Program means an approved program by which the City generates revenues and provides public services including but not limited to free wi-fi, resilience components such as air quality sensors, and security features such as panic functionality or a police panic button to protect the public welfare. (3) The following requirements and limitations will apply to all advertisements and displays authorized under this Section: Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami Page 2 of 3 File ID: 6841 (Revision: A) Printed on: 4/28/2020 File ID: 6841 Enactment Number: 13900 a. Advertisements shall contain public interest messages on a minimum of one (1) of every eiaht (8) intervals for the same time period as the advertisement Dosted. b. Advertisements shall exclude tobacco products, firearm products, adult entertainment products, and adult entertainment service establishments as those terms are defined in Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), or any successor zoning ordinance. Alcohol may not be displayed on Communication Kiosks between the hours of 6:00 a.m. and 7:00 p.m. within 200 feet of any prior established school, public library, museum, house of worship / religious institution, cemetery, youth center, recreational center, youth organization, day care center, government office, public park (except for parks managed by the Bayfront Park Management Trust), playground, amusement park, hospital, medical clinic, senior or assisted living facility, or substance abuse / treatment program as measured from the applicable kiosk face to the nearest property line of a property containing such a use. (i) The City opts out of Chapter 33, Article VI of the Miami -Dade County Code of Ordinances, as amended, as it relates to signage in the public right-of-way within the City's Urban Core as defined in Section 33-84(31) of the Miami -Dade County Code of Ordinances, as amended, with the exception of Sections 33-84, 33-86, 33-94, 33-95, 33-96, 33-96.1, and 33-107 of the Miami - Dade Countv Code of Ordinances. as amended. Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. The City Clerk is directed to transmit a copy of this Ordinance to the Director of Miami -Dade County's Department of Regulatory and Economic Resources within fifteen (15) days of its adoption. Section 5. This Ordinance shall become effective immediately after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: 1 1 i ria i . ndez, Ciky Attor ley 2/4/2020 Uri nde��z�C*Attor ley 3/3/2020 1 Un ndez, City Attor ey 3/2612020 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 3 of 3 File ID: 6841 (Revision: A) Printed on: 412812020