HomeMy WebLinkAboutO-14042City of Miami
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Legislation
Ordinance: 14042
File Number: 9521
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 1/13/2022
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED
"STREETS AND SIDEWALKS"; SPECIFICALLY BY AMENDING ARTICLE 1,
TITLED "IN GENERAL", TO ALLOW ADVERTISEMENTS ON NEWSRACKS
AND BY AMENDING ARTICLE VII, TITLED "NEWSRACKS ON PUBLIC
RIGHTS -OF -WAY', TO ALLOW ELECTRONIC NEWSRACKS AND ESTABLISH
REQUIREMENTS FOR ELECTRONIC NEWSRACKS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
SPONSOR(S): Mayor Francis X. Suarez
WHEREAS, Chapter 54, Article I of the Code of the City of Miami, Florida, as amended
("City Code"), regulates the placing of signs, advertisements, and displays on any portion of the
public right-of-way, street, or sidewalk surface; and
WHEREAS, Chapter 54, Article VII of the City Code establishes the requirements for the
placement, type, appearance, servicing, and insuring of newsracks on public rights -of -way; and
WHEREAS, the City Commission wishes to allow advertisements on newsracks and to
allow electronic newsracks with certain requirements; and
WHEREAS, digital signs on newsracks will not be permitted on Miami -Dade County
("County") controlled streets until the County adopts an ordinance permitting such digital signs
on newsracks;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
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 of the City Code is further amended in the following particulars:'
"CHAPTER 54
STREETS AND SIDEWALKS
' 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 1 of 9 File ID: 9521 (Revision: A) Printed On: 112612022
File ID: 9521 Enactment Number: 14042
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 and Newsracks
as described in Chapter 54, Article VII, within the public right-of-way or on City -owned property
when such advertisements or displays are part of a communication kiosk program or a
Newsrack as described in Chapter 54, Article VII. Such advertisements or displays will be
permitted only when the communication kiosk program or Newsrack as described in Chapter 54,
Article VII, 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 every
eight (8) intervals for the same time period as the advertisement posted.
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 nor on Newsracks 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
City of Miami Page 2 of 9 File ID: 9521 (Revision: A) Printed on: 112612022
File ID: 9521 Enactment Number: 14042
applicable kiosk or Newsrack 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 the provisions governing illumination and murals, including but not limited to
Sections 33-84, 33-86, 33-94, 33-95, 33-96, 33-96.1, and 33-107, and the provisions governing
roof signs in Section 33-106.1 of the Miami -Dade County Code of Ordinances, as amended.
ARTICLE VII. - NEWSRACKS ON PUBLIC RIGHTS -OF -WAY
Sec. 54-261. - Definitions.
Modular newsrack means a newsrack, as defined herein below, that is designed with multiple
separate enclosed compartments and/or to accommodate at any one time the display, sale
and distribution of multiple distinct and separate newspapers or other publications and is
subject to all of the provisions of this article as a newsrack.
Newsracks means any self service, electronic, coin operated, or lockable box, container,
storage unit or other dispenser installed, used, or maintained for the display, distribution,
storage, or sale of written or electronic newspapers, periodicals, or other written or electronic
publications which satisfies the requirements set forth in section 54-268 hereinbelow. Electronic
Newsracks may incorporate additional features such as air quality sensors and security features
such as panic functionality or a police panic button to protect the public welfare.
Sec. 54-265. - Insurance and bond requirements.
(a) Insurance requirement. Prior to the issuance of a permit by the director, the distributor
shall furnish to the city the following:
(1) A certificate of insurance with respect to commercial general liability in an amount not less
than $1,000,000.00 per occurrence, $2,000,000.00 policy aggregate, and any endorsements
thereto, including, but not limited to, premises and operations liability, personal and
advertising injury, products, and completed operations. For electronic Newsracks, such
insurance shall afford protection in an amount not less than $3,000,000.00 per occurrence.
The certificates must reflect primary and noncontributory language and list the city as an
additional insured. The certificate must also include coverage for all owned, hired, and non -
owned vehicles, if applicable, with a combined single limit of $500,000.00 per accident also
listing the city as an additional insured. The insurance herein required shall remain in full force
and effect during the entire term of the permit. Additionally, all such insurance shall be subject
to review and approval by the city's risk management department.
All insurance policies required above shall be issued by companies authorized to do business
under the laws of the State of Florida with the following qualifications:
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File ID: 9521 Enactment Number: 14042
The company must be rated no less than "A-" as to management and no less than Class W"
as to financial strength by the latest edition of Best's Insurance Guide published by A.M. Best
Company, Oldwick New Jersey, or its equivalent subject to the approval of the city's risk
management department. Companies not meeting the above rating requirements shall submit
proof of reinsurance from qualifying insurers having or exceeding the required rating criteria.
The registrant/applicant shall provide 30 days prior written notice of cancellation to the city for
any reason other than non-payment of premium in which ten days' notice shall apply.
Sec. 54-266. - Fees.
(a) An initial inspection of location fee of $11.50 per newsrack shall accompany the newsrack
permit application. The annual permit fee is $11.50 per newsrack due October 1st and will
expire the 30th day of September each year. Fees for the initial year shall be prorated on a
monthly basis, and shall be calculated using the following formula:
(1) Initial fee = $0.96 per newsrack multiplied by the number of months remaining in the year.
(2) Failed permit inspections are subject to a re -inspection fee of $5.75.
All of the above fees will be used to defray administrative expenses relating to this article only.
(b) To renew a permit, the distributor shall submit payment for the upcoming full year in
advance to the department prior to each October 1 st
(c) Non -conforming newsrack(s) may be subject to removal and if removed shall be subject to
a $90.09 removal and storage costs and fees; pursuant to subsection 54-270(b).
(d) If the Newsrack contains advertising similar to the Communication Kiosk Program, pursuant
to the method described in this Chapter, the minimum fees to the City will be forty percent (40%)
annual gross revenue. After the fiftieth (50) Newsrack provided by the provider, the minimum
Payment to the City shall be $100,000.00 per year or forty percent (40%) of the gross revenue,
whichever is greater.
Sec. 54-267. - Newsrack placement: permitted and specific prohibitions.
(a) Newsracks placement is generally permitted at the following locations only or at other
locations approved by the director:
(1) On sidewalks. Newsracks shall be situated parallel to the edge of the sidewalk. A
minimum sidewalk space of three feet shall remain clear in front of the newsracks.
(2) In a grass, dirt, gravel or like area. Newsracks placed in a grass, dirt, gravel, or like area
must be secured to concrete foundations, as required in this article. Notwithstanding the
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Enactment Number: 14042
foregoing, newsracks may not be chained or otherwise tied to any poles, tree etc., under any
circumstances.
(b) No newsrack shall be placed, installed, used or maintained at the following locations
and/or shall be subject to the following restrictions:
(1) Within 60 inches of any roadway unless such placement interferes with safe and
convenient use of the public right-of-way in which case the newsrack(s) shall be located to the
front of the sidewalk if a swale exists or to the back of the sidewalk if there is no swale.
(2) Within five feet of any marked crosswalk.
(3) Within ten feet of any unmarked crosswalk.
(4) Within ten feet of any fire hydrant, fire call box, police call box or other emergency facility.
(5) Within five feet ahead of, and 15 feet to the rear of, any sign marking a designated bus
stop, measured along the edge of pavement.
(6) Within two feet of any bus bench, or plaza bench.
(7) Within ten feet of any advertisement panel located on a transit shelter.
(8) At any location whereby the clear space for passageway of pedestrian is reduced to less
than three feet.
(9) Where a protruding portion of the newsrack(s) is on or within 12 inches of any area
improved with landscaping, lawn or hedges, or within a three-foot radius of flowers or trees.
(10) Within six inches of any building wall located on the property line.
(11) Within three feet of any display window of any building abutting the sidewalk or parkway
or in such a manner as to impede or interfere with the reasonable use of such window display
purpose, or within five feet of a building entrance.
(12) Within a three foot radius of mailboxes, signs, parking meters, streetlights or utility poles.
(13) Within visibility triangles at street intersections. Visibility triangles shall be maintained to
include an area bounded by the first 25 feet along the intersecting edges of the right-of-way,
projected where rounded, and a line running across the lot in connecting the ends of such 25
foot lines.
(14) Within visibility triangles at the intersection of driveways with streets. Visibility triangles
shall be maintained to include an area bounded by the first ten feet along the intersecting area
of the base building line and the driveway, projected where rounded, and a line running
across any intervening right-of-way and the lot and connecting the end of such ten foot lines.
(15) No more than ten newsracks shall be placed at any intersection, with no more than five
newsracks at any one corner.
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(16) No more than five newsracks shall be placed side by side at any one location and there
shall be a minimum 300-foot distance between Newsracks or group of newsracks along the
same sidewalk.
(17) Electronic Newsracks may be installed at a maximum of one (1) per Square as defined in
Chapter 54, Article IV of the City Code.
Sec. 54-268. - Newsrack features and maintenance.
(a)The newsrack shall be constructed of galvanized steel with corrosive resistant hardware and
door assembly. Manufacturer modifications to the door, window and cabinetry for the above -
described newsracks to accommodate vertically formatted, "tabloid -type" newspaper display
and distribution are acceptable. The shape of all newsracks shall be hexahedron/rectangular
(no pedestal newsracks) with a height of 36 inches, excluding coin box, width of not more than
20 inches and a depth of not more than 17 inches. Notwithstanding, electronic Newsracks or
advertising thereon pursuant to Section 54-9 shall not exceed a height of 36 inches or a total
advertising space of 44 square feet.
(b)The color of the entire newsrack including coin box and mounting hardware shall be painted
a dark green or dark grey with a powder finish consistent with the paint sample provided by the
director.
(c) Newsracks shall carry no card holders or advertising, but a cling -on sticker or equivalent
may be placed within a four -inch square area of the inside lower left hand corner of the clear
plastic viewing panel of the access door for the purpose of promoting particular features or
offerings inside the current publication. Said sticker shall be applied only during the period of
time that is relevant to the current publication distribution and it shall be the responsibility of
the distributor to remove said sticker when no longer applicable. Furthermore, newsracks may
display the name, with lettering of any colors, of the newspaper being dispensed, in spaces in
the locations and sizes set forth below:
(1) On the front of the newsrack, the lettering size shall not exceed one and three-
quarters inches in height. The lettering shall be placed within a clear or colored -band space
not exceeding two and one-half inches in height above the door hinge.
(2) On the sides of the newsrack, the lettering size shall not exceed two and one-half
inches in height. The lettering shall be placed within a clear or colored -band space not
exceeding four inches in height and beginning one inch from the top of the newsrack.
(3) On the back of the newsrack, the lettering and/or copy of the front page of the
publication shall not exceed 16 inches in height. The lettering and/or copy of the front page of
the publication shall be placed with a clear or colored -band space beginning one inch from the
top of the newsrack.
(d) Newsracks for free newspapers may omit the coin box and may have the pull bar welded
to the door.
(e) Newsracks shall be maintained in good working order at all times including but not limited
to the following: not faded or dull paint, no broken hoods, no graffiti, stickers, tape,
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File ID: 9521
Enactment Number: 14042
advertising, posters or other unrelated materials unless same is specifically permitted in this
article.
(f) Notwithstanding the limitations on advertising set forth in this section, modular newsracks
may include advertising provided such newsracks are part of a pilot program, that the
advertising consists only of a single advertising panel located on the back of the modular
newsrack and that the single advertising panel does not exceed 18 square feet in area.
(g) Notwithstanding the limitations on advertising set forth in this Section, advertisements or
displays are allowed on Newsracks when the Newsracks are procured in a non-exclusive
manner in accordance with Chapter 18, Article III of the City Code pursuant to Section 54-9 of
the City Code. Such Newsracks may include two (2) advertising panels provided that such
advertising does not exceed 22 square feet in area per panel for a total of 44 square feet.
Sec. 54-269. - Newsrack mounting standards.
(a)The following standards shall be applicable to the mounting of newsracks on concrete
surfaces:
(1) Two "L" shaped steel brackets, seven sixty fourth inch thick, and one and a quarter
inch high and wide, with a depth equal to the depth of the newsrack. One hole shall be at
each corner of the steel bracket for anchor or bolt.
(2) Each steel bracket shall be attached to the sides of the newsrack with a minimum
of two metal non -corrosive anchors.
(3) Four, three -eight inch diameter drop -in anchors, one and five -eight inch minimum
embedment with tops flushed with the concrete surface.
(4) Four, three -eight inch diameter galvanized anchor bolts, one -inch minimum length.
Bolts shall be used to firmly secure steel brackets to drop -in anchors.
(5) Steel brackets and bolt heads shall be painted to match newsrack color and finish.
(6) Installed newsracks shall be plumb.
(7) Subsections (1) through (4) of this Section are not applicable to electronic
Newsracks.
(8) For electronic Newsracks, plans must be submitted to the Department for all
installation work, including any and all work necessary to bring electrical service or fiber optic
cables to the location. Such plans will be subject to approval by the City and all other required
approvals. The installation work shall be in comDliance with all aaDlicable laws. reaulations.
and rules and subject to all required approvals.
(b) The following standards shall be applicable to the mounting of newsracks at grass, dirt,
gravel, or like areas:
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(1) Foundation. Concrete, minimum four -inches deep, 2500 psi (28-day strength),
Class I cement, reinforced with welded wire mesh.
(2) Minimum distance from vertical side of the newsrack to the nearest concrete edge
shall be three inches.
(3) One-half inch chamfer all concrete edges.
(4) Anchorage to concrete foundation as per subsection 54-269(a) required.
(5) Concrete base installed by distributor shall become the property of the City and
remain in place notwithstanding the removal of the Newsrack(s) in accordance with the
provisions of this article.
(c) The following standards shall be applicable to the mounting of newsracks at tiled or
bricked areas:
(1) Tiles or bricks shall be removed at proposed location. Excavate or add soil if
necessary.
(2) Concrete foundation in accordance with subsection 54-269(b) and anchorage in
accordance with subsection 54-269(a) required. Top of concrete foundation shall be flushed
with tiled or bricked surface.
(3) Gaps between concrete foundation and surrounding tiles or bricks shall be filled
with concrete. Elevations of poured concrete shall match surrounding elevations. The director
shall approve color of poured concrete.
Sec. 54-270. - Enforcement procedures non -conforming newsracks; removal/storage.
(a) In the event newsrack(s) are found to violate section 54-263 (installed without a permit) the
city may remove the newsracks immediately upon discovery of the violation and the distributor
assessed for the cost of removal and storage as set forth below. In all other instances where
newsracks are found to violate a provision of this article, they may be removed only after a
notice of the violation is sent to the distributor by certified mail, return receipt requested, and
the distributor fails within ten calendar days of receipt of the notice to correct or cure the
violation, unless the city manager issues a written order stating that the newsrack(s) constitute
a serious and imminent hazard to the public safety, in which case the newsrack(s) may be
removed immediately. In the later event, a copy of the city manager's order, specifying the
reason or reasons for the immediate removal of the newsrack(s) shall be sent by certified
mail, return receipt requested, to the distributor.
(b) Any newsrack removed from the public right-of-way shall be stored at the cost of the
distributor. The city shall be reimbursed by the distributor for all costs incurred in the removal
and storage of all newsrack(s) removed from the public right-of-way by the city. A storage and
removal fee is hereby established at $90.00 per newsrack e-�.$200.00 per modular newsrack,
or $1,000.00 if the Newsrack is electronic, whichever is applicable. The city is hereby
authorized to sell said newsrack(s) at public sale if said newsrack(s) is not picked up by the
distributor within a period of 90 calendar days from the date of removal. Ten days prior to
sale, the city shall advertise notice of sale in a daily newspaper of general circulation in the
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Enactment Number: 14042
city. Out of the proceeds of the sale of any newsrack, all unpaid removal and storage costs
shall be paid after the payment of the advertisement cost and the remaining balance of the
sale proceeds shall be retained by the city in a fund in the possession of the city for a period
of one year unless claimed earlier by the distributor. After the expiration of one year, any
sums remaining from the sale of newsracks in accordance with the provisions of this section,
if unclaimed by the distributor of said newsrack, shall become the property of the city and be
transferred to the department revenue account.
*„
Section 3. If any section, part of section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective thirty (30) days after final reading
and adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
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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 or upon the effective date stated
herein, whichever is later.
City of Miami Page 9 of 9 File ID: 9521 (Revision: A) Printed on: 112612022