HomeMy WebLinkAboutM-03-0164CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
yrs
RS OFF
r
TC The Honorable Mayor and DATE:
03 FEB -6 �Jy FIN
Members of the City Commission 38
SUBJECT'
Newsrack Ordinance
Appeal of Denial of Permits
FROM Joe�o a -'`�Manager;j;;*4
REFERENCES.
Chi mistra r/City `�ENCLOSURES Appellant Information, City
Code Section 54-267
The purpose of this discussion item is to consider an appeal by Diario Las Americas of denial of
permits by the Director of Public works for the placement of newsracks at several locations
throughout the City. Since alternate locations for the placement of newsracks have been
identified, the Public Works Department recommends denial of this request.
BACKGROUND
On April 26, 2001, Ordinance No. 12053 entitled "Newsracks on Public Rights of Way" was
adopted establishing regulations for the placement of newsracks on City streets and authorizing a
pe?mit procedure. Diario Las Americas has submitted applications for permit to install
newsracks at twenty-two (22) locations throughout the City. Due to specific prohibitions
contained in the newsrack ordinance, newsrack permits were denied at ten (10) of those
locations. Working with City staff, the problems at five (5) of the denied locations were resolved
and those locations were approved.
The following locations have the maximum capacity of five (5) newsracks and the Diario Las
Americas applications for these locations have not been approved.
Location 1
Versailles Restaurant
(Recommended alternate:
Location 5
Burger King
(Recommended alternate:
Location 7
McDonalds
(Recommended alternate:
Location 9
Eckerd Drugs
(Recommended alternate:
Location 10
Terrabank
(Recommended alternate:
C:\My Documenu\RESOLUTiONSWewsracks - Diario Las Americas - Appeal.doc
3555 SW 8 Street
3501 SW 8 Street)
1701 SW 8 Street
1702 SW 8 Street)
1400 SW 8 Street
1401 SW 8 Street)
2520 Coral Way
2205 SW 27 Avenue)
3199 Coral Way
2105 SW 32 Avenue)
03- 164
The Honorable Mayor and Members of the City Commission
Page 2
Newsracks Ordinance — Appeal of Denial of Permits
In accordance with the appeal procedure in City Code Section 54-264, the Public Works
Department has evaluated the denied applications and determined that an additional newsrack at
each of these locations would not result in a danger to the public. In accordance with the appeal
procedure contained in the newsrack ordinance, representatives of the Diario Las Americas have
requested an appearance before the City Commission to review the current permit denials.
Attached is information provided by the appellant concerning this matter and City Code Section
54-267 for your review.
JA/VM/AAD/LMmm
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CAMy Documents\RESOLUTIONSWewsracks - Diario Las Americas - Appeal.doc
Dumo L&MtWCASRevisla
South Florida's Spanish Daily Newspaper since 7953 4.I DIARIO
CARLOs L. CURBELO
Gerente de Circulacibn
Circulation Manager
2900 N.W. 39th Street, Miami, FL 33142 U.S.A.
Telftno/Telephone: (305) 633-3341 (Ext. 279)
Facsimil / Facsimile: (305) 635-7668
Diario CITY MAFIA GFRS OFFICE
Las Amc'ficas 02 JA11 16Diario Las Americas
�Q 2900 N.W. 39th Street
Miami, Florida 33142-5193
The Spanish-language Daily Newspaper Tel. (305) 633-3341
Founded July 4, 1953 Fax: (305) 635-7668
APPEAL OF REJECTED LOCATIONS UNDER
SECTION 267 — 52 (b) (15) (16) OF THE CITY OF
MIAMI NEWSRACK ORDINANCE.
CONTENTS
➢ LETTER TO THE CITY MANAGER.
➢ LOCATION ANALYSIS.
➢ PHOTOGRAPHS.
TESTIMONIAL LETTERS.
SUBMITTED INTO THE
PUBLIC RECORD FOR
ITEMON a-13-0.3
03- 164
January 6`h, 2003
Mr. Carlos Gimenez
City Manager
City of Miami
3500 Pan American Dr.
Miami Florida, 33133
Dear Mr. Gimenez:
This is regarding the City of Miami news rack ordinance. Diario Las Americas is appealing the
decision of the Director of Public Works that denied a permit for news rack placement at the
following locations:
1. Restaurant Versailles
2. Supermarket Sedano's
3. Restaurant Guayacan
4. Supermarket Presidente
5. Burger King
6. Restaurant El Exquisito
7. McDonalds
8. Payless Shoes
9. Eckerd Drugs
I O.Terrabank
3555 SW 8 ST
2425 SW 8 ST
1935 SW 8 ST
1895 SW 8 ST
1701 SW8ST
1510 SW 8 ST
1400 SW 8 ST
1199 West Flagler ST
2520 Coral Way
3199 Coral Way
We respectfully request that the City of Miami consider a modification to the current ordinance,
section 52-267 (b) (15) (16), allowing Diario Las Americas' news racks to remain at these long
established locations.
This is an important issue for Diario Las Americas. For the first time since we begun our daily
publication, on July 4`h 1953 almost 50 years ago, we are faced with difficulties in the fair and
equitable distribution of our newspaper. We believe that our request is consistent with the long
First Amendment tradition that allows citizens the opportunity to have access to diverse sources
of information.
Thank you for your attention to this matter. I remain confident that we will be able to find a
solution to this situation.
lanager
03- 164
Diario Las Americas
Appeal - News racks Locations — City of Miami.
Location analysis:
LOCATION
ESTABLISHED
STATUS
ANNUAL
ANNUAL
LOCATION
REACH
RECEIPTS
DESCRIP'T'ION
3555 SW 8 St.
Rejected under
18,720 Readers
$2,184
Popular location.
Versailles Restaurant
1971
Section 54 - 267
Good Seller
(b) (15) No More than
best for paid
Five Racks
publications.
2425 SW 8 St.
1988
Rejected under
16,848 Readers
$1,778
Good Seller.
Sedano's Market
Section 54 — 267
Habitual Readers
(b) (15) No More than
buy newspaper
Five Racks
frequently.
1935 SW 8 St.
1992
Rejected under
8,424 Readers
$884
Lunch/Dinner
Guayacan Restaurant
Section 54 — 267
Seller to patrons
(b) (16) Less than
of the
300 Ft.
restaurant.
1895 SW 8 St.
1994
Rejected under
24,464 Readers
$2,371
Best SW Seller
Presidente Market
Section 54 — 267
draws from
(b) (15) No More than
market & strip
Five Racks
mall.
1701 SW 8 St.
NEW
Rejected under
5,616 Readers
$593
Busy Intersection.
Burger King
Section 54 — 267
Good Pedestrian
(b) (15) No More than
traffic.
Five Racks
1510 SW 8 St.
1992
Rejected under
14,976 Readers
$1,581
Sales to restaurant
El Exquisito Restaurant
Section 54 — 267
patrons are good
(b) (16) Less than
during evening's
300 Ft.
rush.
1400 SW 8 St.
1986
Rejected under
16,848 readers
$1,778
Great location for
McDonalds Restaurant
Section 54 — 267
afternoon and
(b) (15) No More than
evening Sales.
Five Racks
1199 West Flagler St.
1985
Rejected under
18,720 Readers
$1,976
Good Seller.
Payless Shoes
Section 54 — 267
Busy Pedestrian
(b) (15) No More than
Traffic. Long esta-
Five Racks
blish Location.
2520 Coral Way
1993
Rejected under
13,104 Readers
$1,383
Regular readers
Eckerd Drugs
Section 54 — 267
buy El Diario here.
(b) (15) No More than
Only location
Five Racks
in this Area
3199 Coral Way
1988
Rejected under
11,232 Readers
$1,186
Business area
Terrabank
Section 54 — 267
sells to commuters
(b) (15) No More than
after work.
Five Racks
03 104
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Enero 13, 2003
A quien pueda interesar:
Por este medio les deseo comunicar que durante to anos que llevo con mi negocio de
vender flores situado en Coral Way y la 25 ave, Diario Las Americas ha mantenido un
estanquillo de ventas en el cual mis chentes suelen comprar el periGdico con regularidad.
Es mi deseo que este estanquillo se mantenga en este lugar pues, Diario Las Americas
nos ofrece una alternativa para mantenernos informados en nuestro propio lenguaje.
o3- x.64
305443-0227 Phone
3r %.94)081 Fax
En. 4Eitt Q@d.ccm .r►
IAAMbSN9. www euquftNonnftwantcmn
e quistto Jeestaurimt
SeWWed Best Cuban Restaumnt
by The New Times
1510 S.W. 8 St.
JUAN M. CORO Miami, FL 33135
Enero 13, 2003
A quien pueda interesar:
Quien les escribe es el propietario del restaurante "El Exquisito", situado en el 1510 SW
8 ST. Por muchos anos nuestros clientes han sido asiduos lectores de Diario Las
Americas, pues to suelen leer durante el tiempo que emplean en nuestro restaurante.
Estos clientes compran el peribdico en el estanquillo que Diario Las Americas mantiene
frente a la puerta del restaurante. Por este medio deseo pedirles que permitan a Diario Las
Americas cambiar el estanquillo por uno de los nuevos de color verde.
Atentamente,
03- 164
J 54-265 MIAMI CODE
ance with the terms of the permit and to be in (2)
force for at least six months after the approved
completion of the work. Said bond amount shall
be determined as follows:
Total Newsracks Pro-
posed Total Returnable Bond
1 to 25 $1,000.00
26 to 100 $2,500.00
101 and up $5,000.00
(Ord. No. 12053, § 2, 4-26-01)
Sec. 54-266. Fees.
(a) The annual permit fee is ten dollars per
newsrack due October 1" and will expire the 30`he
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 = $0.83 per newsrack multi-
plied by the number of months remaining
in the year.
(2) Failed permit inspections are subject to a
re -inspection fee of five dollars.
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
1st.
(c) Non -conforming newsrack(s) may be sub-
ject to removal and if removed shall be subject to
a $75.00 removal and storage fee, pursuant to
subsection 54-270(c).
(Ord. No. 12053, § 2, 4-26-01)
Sec. 54-267. Newsrack placement: permit-
ted and specific prohibitions.
(a) Newsracks placement is generally permit-
ted at the following locations only or at other
locations approved by the director:
(1) On sidewalks. Newsracks shall be situ-
ated parallel to the edge of the sidewalk.
A minimum sidewalk space of three feet
shall remain clear in front of the newsracks.
Supp. No. 14
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 foregoing, newsracks
may not be chained or otherwise tied to
any poles, tree etc., under any circum-
stances.
(b) No newsrack shall be placed, installed,
used or maintained at the following locations
and/or shall be subject to the following restric-
tions:
(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 cross-
walk.
CD54:50
(4) Within ten feet of any fire hydrant, fire
call box, police call box or other emer-
gency facility.
(5) .Within five feet ahead of, and 15 feet to
the rear of, any sign marking a desig-
nated 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
03- 164
STREETS AND SIDEWALKS § 54-268
parkway or in such a manner as to im- (b) The color of the entire newsrack including
pede or interfere with the reasonable use coin boa and mounting hardware shall be painted
of such window display purpose, or within a dark green with a powder finish consistent with
five feet of a building entrance. the paint sample provided by the director.
(12) Within a three foot radius of mailboxes,
signs, parking meters, streetlights or util-
ity poles.
(13) Within visibility triangles at street inter-
sections. Visibility triangles shall be main-
tained 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 intersec-
tion 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
12 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 comer.
(16) No more than five newsracks shall be
placed side by side at any one location and
there shall be a minimum 300 -foot dis-
tance between Newsracks or group of
newsracks along the same sidewalk.
(Ord. No. 12053, § 2,4-26-01)
Sec. 54-268. Newsrack features and mainte-
nance.
(a) The newsrack shall be constructed of gal-
vanized 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.
(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 comer of the clear
plastic viewing panel of the access door for the
purpose of promoting particular features or offer-
ings inside the current publication. Said sticker
shall be applied only during the period of time
that is relevant to the current publication distri-
bution 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 loca-
tions 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 letter-
ing 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 publi-
cation 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
Supp. No. 14 CD54:51 0,
164