HomeMy WebLinkAboutAgenda Item Summary Formikt� Ike IAGENDA ITEM SUMMARY FORM
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File ID: #6841
Date: 11/26/2019 Requesting Department: Department of
Resilience and Public Works
Commission Meeting Date: 04/09/2020 Sponsored By:
Type: Ordinance District Impacted: All
Subject: Amend Code - Chapter 54
Placing Signs, Advertisement, or Displays
PURPOSE OF ITEM:
An ordinance amending Chapter 54 of the City Code to add the placement of
advertisements or displays on communications kiosks within the public right-of-way or
on city owned property when such advertisements or displays are part of a
communication kiosk program.
BACKGROUND INFORMATION:
Currently advertisement in the public right-of-way is not allowed by City Code unless
otherwise authorized under City Code, Section 54-9. This amendment will allow for
advertisements to be placed in the public right-of-way when part of a communication
kiosk.
Budget Impact Analysis
Item has NO budget impact
Item is NOT Related to Revenue
Item is NOT funded by Bonds
Total Fiscal Impact:
N/A
Reviewed By
City Commission
Nicole Ewan
Department of Resilience and Public Works
Review Completed
02/03/2020 2:54 PM
Office of Management and Budget
Donovan Dawson
Office of Management and Budget
Christopher M Rose
City Manager's Office
Nzeribe Ihekwaba
City Manager's Office
Nikolas Pascual
Legislative Division
Valentin J Alvarez
Office of the City Attorney
Daniel Goldberg
Office of the City Attorney
Barnaby L. Min
Office of the City Attorney
Victoria M6ndez
City Commission
Nicole Ewan
Legislative Division
Valentin J Alvarez
Office of the City Attorney
Daniel Goldberg
Office of the City Attorney
Barnaby L. Min
Office of the City Attorney
Victoria M6ndez
City Commission
Nicole Ewan
Meeting
Completed
12/12/2019
9:00
AM
Alan M. Dodd
Department Head
Budget Analyst Review
Completed
02/04/2020 11:18
AM
Budget Review
Completed
02/04/2020
3:12
PM
Assistant City Manager Review
Completed
02/04/2020
5:33
PM
City Manager Review
Completed
02/04/2020
5:57
PM
Legislative Division Review
Completed
02/04/2020
6:14
PM
ACA Review
Completed
02/04/2020
8:52
PM
Deputy Attorney Review
Completed
02/04/2020
9:00
PM
Approved Form and Correctness
Completed
02/04/2020
9:26
PM
Meeting
Completed
02/13/2020
9:00
AM
Legislative Division Review
Completed
02/25/2020 10:52
AM
ACA Review
Completed
02/28/2020
9:21
AM
Deputy Attorney Review
Completed
02/28/2020
9:28
AM
Approved Form and Correctness
Completed
03/03/2020
6:59
PM
Meeting
Completed
03/12/2020
9:00
AM
City of Miami File ID: 6841 (Revision: A) Printed On: 4/28/2020
Legislative Division
Valentin J Alvarez
Office of the City Attorney
Daniel Goldberg
Office of the City Attorney
Barnaby L. Min
Office of the City Attorney
Victoria M6ndez
City Commission
Nicole Ewan
Office of the Mayor
Mayor's Office
Office of the City Clerk
City Clerk's Office
Office of the City Clerk
City Clerk's Office
Legislative Division Review
Completed
ACA Review
Completed
Deputy Attorney Review
Completed
Approved Form and Correctness
Completed
Meeting
Completed
Unsigned by the Mayor
Completed
Signed and Attested by the City Clerk Completed
Rendered
Completed
03/24/2020 4:15 PM
03/26/2020 1:58 PM
03/26/2020 3:39 PM
03/26/2020 5:57 PM
04/09/2020 9:00 AM
04/14/2020 11:05 AM
04/14/2020 11:24 AM
04/14/2020 11:24 AM
City of Miami File ID: 6841 (Revision: A) Printed On: 4/28/2020
City of Miami
Legislation
Ordinance
Enactment Number: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 File ID: 6841 (Revision: A) Printed On: 412812020
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:
a. Advertisements shall contain public interest messages on a minimum of one (1) of
eiaht (8) intervals for the same time Deriod as the advertisement Dosted.
' 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 File ID: 6841 (Revision: A) Printed On: 4/28/2020
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 County 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 !
"na dez, City ttor iey 2/4/2020 i ria i 'ndez, City Attor iey 3/3/2020
1
Una ndez-City Attor iey
3/26/2020
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 File ID: 6841 (Revision: A) Printed On: 412812020