HomeMy WebLinkAboutO-12053J-00-1089
3/09/01
ORDINANCE NO. - 1 20 " 5 )
AN ORDINANCE OF THE MIAMI CITY COMMISSION
REGULATING THE PLACEMENT OF NEWSRACKS IN
PUBLIC RIGHTS-OF-WAY IN THE CITY OF MIAMI BY
REPEALING EXISTING ARTICLE VII OF CHAPTER 54
OF THE CITY CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, PERTAINING TO SUCH
REGULATION AN,D SUBSTITUTING, IN LIEU THEREOF,
NEW ARTICLE VII IMPOSING SAFETY AND AESTHETIC
RESTRICTIONS RELATED THERETO; PROVIDING FOR
PURPOSE; PROVIDING DEFINITIONS; PROVIDING FOR
NEWSRACK CERTIFICATION PROCEDURES AND FEES;
REQUIRING INSURANCE AND INDEMNIFICATION;
ESTABLISHING STANDARDS FOR OPERATIONS,
PLACEMENT AND INSTALLATION OF NEWSRACKS;
PROVIDING FOR ENFORCEMENT AND APPEALS; MORE
PARTICULARLY BY REPEALING SECTIONS 54-261
THROUGH 54-269 AND SUBSTITUTING NEW SECTIONS
54-261 THROUGH 54-271; PROVIDING DIRECTIONS
FOR TRANSMITTAL OF COPIES OF THIS ORDINANCE;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission recognizes the benefit to
society resulting from an energetic and free press and that
public rights-of-way have historically been used to circulate
newspapers and other publications; and
WHEREAS, the substantial growth in the number of newspapers
and other publications has produced a significant increase in the
number of newsracks located on public rights-of-way; and
14053
WHEREAS, the City Commission also recognizes that the
unregulated placement and maintenance of newsracks in the public
rights-of-way interferes with the free and unimpeded use of such
public rights-of-way, and threatens the health, safety and
welfare of persons who use the public rights-of-way, including
pedestrians, children, the aged, persons entering and leaving
vehicles and buildings, drivers, and persons with disabilities;
and
WHEREAS, the City and the private sector have and continue
to invest significant funds in the revitalization and
redevelopment of portions of the city, including improvements
facilitating pedestrian and vehicular circulation; and
WHEREAS, existing City ordinances do not adequately address
the aforementioned problems and the restrictions contained herein
are narrowly tailored to further the City's substantial
governmental interests in aesthetics and public safety; and
WHEREAS, the herein ordinance evidences an effort by the
City Commission to achieve a fair and reasonable balance between
traffic, pedestrian safety, aesthet-ic and public safety
interests, and the printed media's interest in circulation of
newspapers and other publications; and
WHEREAS, it is also the purpose of this ordinance to ensure
a diversity of viewpoints consistent with the First Amendment to
the United States Constitution, and to treat all newspapers and
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other lawful publications equally, regardless of their content;
and
WHEREAS, the City Commission has determined that this
ordinance will cause no undue harm to said medium, will promote
safe journey for the pedestrian public, and will improve the
appearance of the City;
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, Article VII, entitled "Streets
and Sidewalks, Public Rights -of-way," is amended by repealing
existing Sections 54-261 through 54-269 in their entirety, and
substituting in lieu thereof, new Article VII, also entitled
"Newsracks on Public Rights -of-way", Sections 54-261 through 54-
271, as follows:
"CHAPTER 54
STREETS AND SIDEWALKS
ARTICLE VII. NEWSRACKS ON PUBLIC RIGHTS-OF-WAY
Sec. 54-261. Definitions.
The following words, terms and phrases, when used
in this article, shall have the meanings ascribed to
them in this section, except where the context clearly
indicates a different meaning:
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Adoption date means the date this
ordinance/article is. adopted on second and final
reading by the City Commission.
Department means.the Department of Public Works.
Director means the director of the Department of
Public Works or designee.
Distributor means the person, individual,
partnership, corporation, association, firm, company,
organization or any other legal entity owning or
responsible for placing and/or maintaining a newsrack
in a public right-of-way.
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.
News -racks means any self service, coin operated,
or lockable box, container, storage unit or other
dispenser installed, used or maintained for the
display, distribution, storage or sale of newspapers,
periodicals or other written publications which
satisfies the requirements set forth in Section 54-268
hereinbelow.
Public right-of-way means any dedicated or
undedicated public street, highway, sidewalk, parkway
or alley.
Sec. 54-262. Purpose and criteria.
(a) The purpose of the following is to promote the
public health, safety and welfare through the
regulation of placement, type, appearance, servicing,
and insuring of Newsracks on Public rights-of-way so as
to.
(1) Provide for pedestrian and driving safety and
convenience.
(2). Restrict unreasonable interference with the
flow of pedestrian or vehicular traffic
including ingress into or egress from any
residence or place of business, or from the
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street to the sidewalk by persons exiting or
entering parked or standing vehicles.
(3) Provide for public and property safety during
hurricane conditions.
(4) Provide reasonable access for the use and
maintenance of poles, posts, traffic signs or
signals, hydrants, mailboxes and access to
locations used for public transportation
purposes.
(5) Eliminate, relocate and/or replace Newsracks
which result in a visual blight. To avoid
excessive space allocation for Newsracks on
the Public rights-of-way and eliminate
Newsracks which unreasonably detract from the
aesthetics of adjacent store window displays,
landscaping and other improvements.
(6) Facilitate the removal of abandoned
Newsracks.
(7) Maintain and protect the values of
surrounding properties.
(8) Eliminate and avoid unnecessary exposure of
the public to personal injury or property
damage.
(9) Treat all newspapers equally regardless of
their size, . content, circulation, or
frequency of publication.
(10) Maintain and preserve freedom of the press.
(11) Cooperate to the maximum with Distributors.
(12) Protect the City from related lawsuits by
imposing insurance and indemnification
requirements on persons placing Newsracks on
Public rights-of-way.
(b) The Director may initiate a modular newsrack
pilot program, including appropriate standards, on a
case by case basis provided the program is consistent
with all of the provisions of this article for
Newsracks, unless otherwise noted, and other pertinent
City rules, regulations and policies.
Page 5 of 19P-012 (A
Sec. 54-263. Permit required; expiration of existing
permits and procedures to preserve
locations.
(a) No Distributor shall place, install, or
maintain a Newsrack on the Public right-of-way without
first obtaining a permit, to be renewed annually, for
each Newsrack in accordance with the provisions of this
article.
(b) The permit year shall run from October 1 to
September 30 of each year. All permit applications
received by the Director shall be awarded on a first
come, first serve basis in accordance with the
provisions of this article, except for those Newsracks
currently permitted or for which a completed
application, as determined by the Director, is pending
on the Adoption date and their existing locations which
are preserved, retained and permitted in accordance
with section 54-263(e).
(c) Failure to timely secure a permit in advance
of placing a Newsrack on the Public right-of-way in
accordance with the provisions of this article may
result in the removal of the non -permitted Newsrack(s)
by the City as set forth in section 54-270(b).
Alternatively, the City may pursue appropriate remedy
by the code enforcement division under section 2-811 et
seq. of this Code.
(d) Failure to timely secure and pay permit fees
shall result in the imposition of a fine of double the
permit fee per Newsrack which if not paid within thirty
calendar days of the original due date shall result in
the Newsrack(s) being deemed abandoned and subject to
removal as set forth in section 54-270(b).
Alternatively, the City may pursue appropriate remedy
by the code enforcement division under section 2-811 et
seq. of this Code.
(e) To ensure fair and impartial treatment of all
Distributors, all permits for currently permitted
Newsracks shall expire as of the Adoption date. To
preserve Newsracks currently permitted, or for which a
completed application (for existing locations only) is
pending on the Adoption date, as determined by the
Director, the Distributor shall strictly comply with
the following requirements within the established time
frames:
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(1) Each Distributor shall submit in writing to
the Director, within fifteen days of the
Adoption date, a letter setting forth the
express intent to preserve, retain and permit
in accordance with the provisions of this
article, all Newsracks currently permitted or
for which a completed application (for
existing locations only) is pending on the
Adoption date, as determined by the Director.
The letter shall also set forth specific
Newsracks and their existing locations, which
the Distributor does not intend to preserve,
retain and permit.
(2) Each Distributor shall submit to the
Director, within thirty days of the Adoption
date, applicable fees for each Newsrack and
locations specified in the above-mentioned
letter, all in accordance with the provisions
of this article.
Sec. 54-264. Application and issuance of permits.
(a) Issuing and approving authority. The issuing
and approving authority and coordinator shall be the
Director. The Director is responsible for objectively
coordinating and administering the physical placement
of Newsracks of the type and in the locations and
pursuant to the conditions herein specified; and upon
compliance herewith is responsible for the issuance of
permits.
(b) Applications. The applicant shall file with
`the Director a written application. for location and
installation permit. The application.shall contain the
following information:
(1) The name, address and telephone number of the
Distributor who is the owner and/or principal
in responsible charge of the Newsrack.
(2) The name, address and telephone number of a
responsible person whom the City may notify
or contact at any time concerning the
applicant's Newsracks.
(3) The number of Newsracks and the proposed
location of each shown on a detailed,
dimensional drawing, including measurements,
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and survey if requested, all attached to the
application by the applicant.
(4) Names of newspapers or periodicals to be
contained in each Newsrack.
(5) Type or brand of Newsracks, including an
illustration and description of the Newsrack
and mount.
(c) Procedure. The Department shall:
(1) Review the application including the
Distributor's dimensional drawing, detailing
the existing physical features surrounding
the proposed Newsrack location, to determine
whether the proposed Newsracks are in
compliance with the provisions of this
article.
(2) Mark placement locations with a template so
that Distributor's installation crews can
easily identify location for Newsracks.
(d) Issuance of permit. Upon a finding by the
Director that the applicant is in compliance with the
provisions of this article, the Director shall issue a
permit for the installation of the Newsrack by the
Distributor. Such issuance shall be made within sixty
working days of the City's receipt of a completed
application as determined by the Department.
(1) The original/first permit sticker issued
after adoption of this article shall be
applied by the Department and shall be
externally visible when affixed to the upper
right corner of the door of the Newsrack.
Thereafter, the annually issued permit
sticker shall be applied by the Distributor
at the same location where the sticker was
previously applied by the Department.
(2) Upon payment of applicable fees the Director
shall issue new permit stickers each year
within thirty days after receipt of payment,
provided the Distributor is otherwise in
compliance with the provisions of this
article. Failure to timely secure and
properly display the issued permit sticker
shall result in the imposition of a fine of
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double the permit fee per Newsrack which if
not paid within thirty calendar days of issue
date shall result in the' Newsrack being
deemed abandoned .and subject to removal as
set forth in section 54-270(b).
Alternatively, the City may pursue
appropriate remedy by the code enforcement
division under section 2-811 et seq. of this
Code.
(e) Denial of permit. If a permit for the
Newsrack location applied for is denied, the
Distributor shall be notified within sixty working days
of the City's receipt of a completed application. The
applicant shall be advised in writing of the specific
cause for the denial. The applicant may apply for an
equal number of alternative locations within thirty
days of a denial at no additional permit fee.
(f) Appeals. Any Distributor who has been denied
a permit pursuant to the provisions of this article may
appeal to the City Commission by filing a written
request with the City Manager, copies to the Director
and the City Attorney requesting an appearance before
the City Commission to review such denial. An appeal
must be submitted in writing to the City Manager within
ten calendar days from the date of the denial by the
Director, and shall be scheduled for review by the City
Commission at the next available regularly scheduled
City Commission meeting. New information and material
may be received and considered by the City Commission
where such information and material are pertinent to
the. determination of the appeal, and the City
Commission shall have the authority to override the
decision of the Director if the City Commission finds
that the requested installation of the subject Newsrack
will not result in danger to the public. If the City
Commission so determines, it shall direct that the
application be granted and the permit issued. An
appeal of the decision of the City Commission is
subject to judicial review, as provided by the laws of
the State of Florida.
(g) Additional permits. If at any time after
initial application for a permit a Distributor wishes
to install additional Newsracks, then subsections (b)
and (c) above are to be repeated in accordance with the
provisions of this article. Under section 54-265, any
additional required returnable bond deposit will be
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credited to any amount still on account. Additional
permit fees shall be in accordance with section 54-266.
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) Evidence, acceptable to the City's Risk
Management Division, that the Distributor has
public liability insurance, with the City
named as an additional insured, with bodily
injury liability limits of five hundred
thousand dollars each person; five hundred
thousand dollars each occurrence, and
property damage liability limits of two
hundred fifty thousand dollars each
occurrence, or bodily injury liability and/or
property damage liability, single limit of
five hundred thousand dollars each
occurrence.
(2) Insurance under this section shall run
continuously with the presence of the
applicant's Newsrack on City Public rights-
of-way, and any termination or lapse of such
insurance shall be a violation of this
article. Failure to timely continuously
maintain the required insurance shall result
in the imposition of a fine of double the
permit fee per Newsrack which if not paid
within thirty calendar days of written notice
from the City shall result in the Newsrack
being deemed abandoned and subject to removal
as set forth in this article. Alternatively,
the City may pursue appropriate remedy by the
code enforcement division under section 2-811
et seq. of this Code.
(b) Bond requirement. No permit shall be issued
to any Distributor to perform work on, or cut into, the
Public right-of-way until a bond has been posted in
sufficient amount to guarantee compliance with the
terms of the permit and to be in force for at least six
months after the approved completion of the work. Said
bond amount shall be determined as follows:
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0
TOTAL NEWSRACKS
PROPOSED
1 to 25
26 to 100
101 and up
Sec. 54-266. Fees.
t
TOTAL RETURNABLE
BOND
$1,000.00
$2,500.00
$5,000.00
(a) The annual permit fee is ten dollars ($10.00)
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 = $0.83 per Newsrack multiplied
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 subject to
removal and if removed shall be subject to a $75.00
removal and storage fee, pursuant to Section 54-270(c).
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 (3) 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 foregoing, Newsracks may
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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 sixty 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 fifteen 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 twelve 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
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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 twenty-five 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 twenty-five 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.
(16) No more than five Newsracks shall be placed
side by side at any one location and there
shall be a minimum three hundred foot
distance between Newsracks or group of
Newsracks along the same sidewalk.
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 thirty-six
inches, excluding coin box, width of not more than
twenty inches and a depth of not more than seventeen
inches.
Page 13 of 19 12U 5 3
(b) The color of the entire Newsrack including
coin box and mounting hardware shall be painted a dark
green 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 sixteen 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, advertising, posters or
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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
eighteen (18) square feet in area.
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.
(b) The following standards shall be applicable
to the mounting of Newsracks at grass, dirt, gravel, or
like areas:
(1) Foundation. Concrete, minimum four -inches
deep, twenty-five hundred (2500) psi (twenty -
Page 15 of 19
eight-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
section 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
section 54-269(b) and anchorage in accordance
with section 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) Provisions of this article shall become
effective immediately as provided by law, provided
however, the Distributor shall have eighteen months
following the Adoption date to come into compliance
with any of the following new requirements set forth in
sections 54-267 (b) (15) and (16) ; 54-268 (a) , (b) , and
(c); and 54-269. Notwithstanding the foregoing, each
Distributor shall be responsible for having one-third
and two-thirds of their Newsracks installed, in
compliance with all provisions of this article, new and
1205,13
Page 16 of 19
existing requirements alike, within the sixth and
twelfth month following the Adoption date respectively.
At any time thereafter, any Newsrack in violation of
any provision of this article shall be subject to a
fine or removal as set forth in this article or
alternatively the City may pursue remedy and due
process under the provisions of section 2-811 et seq.
of this Code pertaining to the code enforcement board.
(b) 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.
(c) 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 $75.00 per Newsrack or $200.00 per Modular Newsrack,
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 ninety 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 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
Page 17 of 19 12053
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.
Sec. 54-271. Same -Abandoned Newsracks.
(a) If any Newsrack installed pursuant to this
article does not contain the publication specified
within a period of forty-eight (48) hours after release
of the current issue, or when no publication is in the
Newsrack for a period of more than seven (7)
consecutive calendar days the City may deem the
Newsrack abandoned and subject to removal as set forth
in section 54-270(b). Alternatively the City may take
appropriate action under section 2-811 et seq. of this
Code.
(b) In the event a Distributor desires to
voluntarily abandon a Newsrack, the Distributor shall
notify the Director in writing, completely remove the
Newsrack and mount, and restore the Public right-of-way
to a safe condition, leaving no holes or projections in
the mounting surface."
Section 3. It is the intent of the City Commission that
this Ordinance shall affect all newsracks located, erected, or
maintained or operated in any public right-of-way in the City of
Miami, but the distributors shall have a grace period of eighteen
months following the Adoption date of this Ordinance to comply
with certain new requirements as set forth above.
Section 4.. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are repealed.
Section 5. 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.
Page 18 of 19 1 2 0 5 3
Section 6. The City Manager is directed to transmit a
copy of this Ordinance to the distributor of each newspaper,
magazine or other news periodical placed in newsracks within the
City of Miami.
Section 7. This Ordinance shall become effective thirty
(30) days after final reading and adoption thereof."
PASSED ON FIRST READING BY TITLE ONLY this 8th day of
March , 2001.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this
26th day of April , 2001.
JOE CAROLLO, MAYOR
In accordance with Miami. Code Sec. 2-36, since the Mayor dlid not indicate aprro-q^': ni:
this legislation by signing it in the designated place provided, said
becomes effective with the elapse often (f 0) days, r the dat Conrni
regarding same, without the Mayor ramia
ATTEST:
City Clerk
WALTER J. FOEMAN, CITY CLERK
:APPROVE S O FORM AND CORRECTNESS:
�% rrer
DRO VILARELLO
C ATTORNEY
W983:YMT:BSS
1� This Ordinance shall become effective as specified herein unless vetoed
by the Mayor within ten 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.
Page 19 of 19 12053
0
TO: The Honorable Joe Carollo
Mayor and Commissioners
Carlos A. Gimenez
FROM. City Manager
SECOND READING• ��
ORDINANCE
DATE. -OR 17 20,01 FILE
SUBJECT: SECOND READING
NEWSRACK ORDINANCE
REFERENCES:
ENCLOSURES:
Please be advised that the second reading of the proposed Newsrack Ordinance is
scheduled for the April 12, 2001, Commission Meeting.
As a result of public input, the following non -substantial addition of language has been
added for Section 54-268(c)(3) - NEWSRACK FEATURES AND MAINTENANCE: "The
advertising shall be limited to portraying the publication being dispensed and shall be all
inclusive to the single Newsrack on which it appears. No expansion of the advertising
shall be permitted to cover multiple adjacent racks co -located at the same site."
No other changes have been made to the ordinance as presented to the Commission on
March 8, 2001.
/ rt
CAG/ ds
12053
"Che
"PFr"Mcps *
0
Submitted into the pi
record in connor.,Uorl
item On
Walter Fo--:.-
city Clerk
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
Sookie Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -
Dade County, Florida; that the attached copy of advertise-
ment, being a Legal Advertisement of Notice in the matter of
CITY OF MIAMI
ORDINANCE REGULATING THE
PLACEMENT OF NEWSRACKS IN
PUBLIC RIGHTS—OF—WAY, ETC.
in the ........... XXXXX ...................... Court,
was published in said newspaper in the issues of
Apr 16, 2001
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -
Dade County, Florida, and that the said newspaper has
heretofore been continuously published in said Miami -Dade
County, Florida, each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
matter at the post office in Miami in said Miami -Dade
County, Florida, for a period of one year next preceding the
first publication of the attached copy of advertisement; and
affiant her says that she has neither paid nor promised
any p rs ,firm or corporation any discount, rebate, com
miss" n 9f refund for the purpose of securing this advertise -
men f publicalio 'n the said newspaper.
Sworn to and ubscribed before me this
April 2001
day of .. ..,.......... ....n ....., A.D.........
(SEAL)
MARIA J. MESA
Sookie William 0BiB �N k
., � IA4'n%ll�S,oN a Cc asssao
;• Q; EXPIRES: March 4, 2004
Bonded Thru Notary Public Underwriters
0
CITY OF MIAMI,.FLORIDA
OTICE OF PROPOSED ORDINANCES
Notice is hereby given that the City -Commission of the City of Miami,
Florida, will consider the following ordinances on second and,final reading
on April 26, 2001 commencing at 9:30 a.m.; in the City Comrnissior'l
Chambers, 3500 Pan American Drive,.Miami; Florida:
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION REGU i
LATING THE PLACEMENT OF NEWSRACKS IN PUBLIC"
RIGHTS-OF-WAY IN THE CITY OF MIAMI BY -REPEALING EX-
ISTING -ARTICLE VII OF CHAPTER 54 OF THE CITY CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, PERTAINING
TO SUCH REGULATION AND SUBSTITUTING, IN LIEU
THEREOF, NEW ARTICLE VII IMPOSING SAFETY AND AES-
THETIC RESTRICTIONS. RELATED THERETO; PROVIDING
FOR PURPOSE; PROVIDING DEFINITIONS; PROVIDING
FOR NEWSRACK CERTIFICATION PROCEDURES AND
FEES; REQUIRING INSURANCE AND INDEMNIFICATION;
ESTABLISHING STANDARDS FOR, OPERATIONS, PLACE
MENT AND INSTALLATION OF NEWSRACKS; PROVIDING
FOR ENFORCEMENT AND APPEALS, MORE PARTICULAR
LY BY REPEALING -SECTIONS 54-261 THROUGH 54-269.
AND SUBSTITUTING NEW SECTIONS 54-261 THROUGH 54-
271; PROVIDING DIRECTIONS FOR TRANSMITTAL OF COP-
IES OF THIS ORDINANCE; CONTAINING A REPEALER PRO-
VISION AND A SEVERABILITY CLAUSE; AND -PROVIDING '
FOR AN EFFECTIVE DATE:
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND
ING CHAPTER 53/ARTICLE IV, OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED,: ENTITLED "STADIUM
AND CONVENTION CENTERS/CONVENTION CENTER OF
THE CITY OF MIAMI/UNIVERSITY OF MIAMI, JAMES L.
KNIGHT", TO PROVIDE FOR AN INCREMENTAL PARKING
FFE'SCHEDULE JAZ FOR SPECIAL,PARKING RATES AT.
7HE CONVENTION CENTER PARKING GARAGE; MORE
PARTICULARLY BY AMENDING SECTION 53-181(4); CON-
TAiNING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE AND; PROVIDING FOR AN EFFECTIVE DATE..
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND=.
ING. CHAPTER 19'OF THE CODE OF THE CITY" OF" -MIAMI,
FLORIDA:r AS AMENDED, ENTITLED, "FIRE PROTECTION,"
WHICH SETS FORTH FEES FOR FIRE INSPECTIONS AND
PERM TS TO-: (1') ADD FEES FOR CERTAIN NEW SERVICES,
(2) COVER,'COSTS OF PERFORMING CERTAIN REVIEWS
AND ENFORCEMENT, AND (3) CLARIFY AND MODIFY CER- .
TAIN SERVICES AND FEES; - MORE PARTICULARLY BY
AMENDING -SECTION 19-2 OF SAID CODE; CONTAINING A
REPEALER.-- PROVISION, SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE NO.
A'N°6RDINAN0E'OF THE MIAMI CITY COMMISSION ESTAB=
LISHING. INITIAL RESOURCES AND INITIAL APPROPRIA- .
<: TIONS`FOR ,' A SPECIAL REVENUE FUND ENTITLED:
"WYNWOOD/HIDTA CRIME AND DRUG DEMAND REDUC"
.°TION PROGRAM FUND," AND APPROPRIATING $42,000 TO
.I$AID FUND, CONSISTING OF,A GRANT FROM THE SOUTH
;FLORIDA HIGH INTENSITY DRUG TRAFFICKING AREA
y i;+4IDTA) CRIME AND DRUG DEMAND REDUCTION PRO --
GRAM; AUTHORIZING THE CITY MANAGER TO ACCEPT
SAID GRANT AND TO EXECUTE THE NECESSARY DOCU.
MENTS, INA FORM ACCEPTABLE TO THE CITY ATTORNEY,
FOR THE. ACCEPTANCE OF THE GRANT; -CONTAINING A; '
C' REPEALER PROVISION AND SEVERABILITY CLAUSE.'
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTAB-
LISHING A NEW SPECIAL REVENUE -`FUND ENTITLED:
"MIAMI'S PHOTOGRAPHIC COLLECTION PROJECT: 1940
THROUGH 1980'.' AND APPROPRIATING FUNDS IN THE
AMOUNT OF $8,000, CONSISTING OF A GRANT ADMINIS-
TERED .BY THE FLORIDA DEPARTMENT OF STATE, DIVI-
SION OF LIBRARY AND INFORMATION SERVICES; AU;
-THORIZING THE CITY MANAGER TO ACCEPT THE GRANT
AND TO EXECUTE ANY NECESSARY DOCUMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY; CONTAIN-
ING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
Said proposed ordinances may be inspected by the public at the ,
Office of the City Clerk, 3500 Pan American Drive,'Miami, Flbri-
da;- Monday through Friday, excluding holidays, between the
hours of 8 a.m. and 5 p.m.
All interested persons may appear at the meeting and may be heard
with respect to the proposed ordinances. Should apy person desire to ap-
peal any decision of the City Commission with respect to any matter to be
-considered at this meeting, that person shall ensure that a verbatim
record of the proceedings is made including all testimony and evidence
upon which any appeal may be based.
i
�� 93 WALTER J. FOEMAN
I"CCN" OF6}E CITY CLERK
le 96
q�FCQ.FLO���
(#9415)
4/16 _ 01-4-02/153628M
•
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she is the
Supervisor, Legal Notices of the Miami Daily Business
Review t/kla Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami- .
Dade County, Florida; that the attached copy of advertise-
ment, being a Legal Advertisement of Notice in the matter of
CITY OF MIAMI
ORDINANCE "DERELICT VESSEL
REMOVAL GRANT PROGRAM FUND"
in the ............. KK:K:K:K..................... Court,
was published in said newspaper in the issues of
Feb 26, 2001
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami.
Dade County, Florida, and that the said newspaper has
heretofore been continuously published in said Miami -Dade
County, Florida, each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
matter at the post office in Miami in said Miami -Dade
County, Florida, for a period of one year next preceding the
first publication of the attached copy of advertisement; and
affiant further says that she has neither paid nor promised
any person, firm or corpor any discount, rebate, com-
mission or refuor t urpos of securing this advertise-
ment for Du I'' atio�ewsoaner.
...... .... .rx �frti/•............
orn to an su scribed before me this
2 Fe u Y /� 2001
. /. day df } I ....... I/. .......... I ..... I J , . A.D........
f.......... jlr..— ......,,.r'r............. .... ......
(SEAL) —
,� y ? MARIA 1. MESA
Octelma V. Ferbeyr :As V.kidHkQQMhWION # CC 885640
a 4- EXPIRES: March 4 2004 "
c d Bonded Thru Notary Public Underwriters /
VE 1 IF VrM Ile rLVKILJOA
NOTICE OF PROPOSED ORDINANCES
Notice is hereby given that the,City Commission of the City of Miami,
t Florida, will consider the following ordinances on second and final reading
on March 8. 2001 commencing at 9:30 a.m.; in the -City Commission
Chambers, 3500 Pan American Drive, Miami, Florida:
O�nu�e�rF NO
AN ORDINANCE OF THE MIAMI CITY COMMISSION'REGU-
LATING THE PLACEMENT. OF NEWSRACKS IN PUBLIC
RIGHTS-OF-WAY IN THE CITY ORDINANCE OF THE MIAMI
CITY COMMISSION REGULATING OF MIAMI BY REPEALING
EXISTING ARTICLE VII OF CHAPTER 54 OF THE CITY CODE
OF THE CITY OF MIAMI, FLORIDA AS AMENDED, PERTAIN
ING TO SUCH REGULATION AND SUBSTITUTING, IN LIEU
THEREOF, NEW ARTICLE.VII IMPOSING SAFETY AND AES-
THETIC RESTRICTIONS RELATED THERETO; PROVIDING
FOR PURPOSE; PROVIDING DEFINITIONS; PROVIDING
FOR NEWSRACK CERTIFICATION PROCEDURES- AND
FEES; REQUIRING INSURANCE AND INDEMNIFICATION;
ESTABLISHING STANDARDS FOR OPERATIONS, .PLACE-
MENT AND INSTALLATION OF NEWSRACKS; PROVIDING
-FOR ENFORCEMENT AND APPEALS; MORE PARTICULAR-
LY BY REPEALING SECTIONS 54-261 THROUGH 54-269
AND SUBSTITUTING NEW SECTIONS 54-261.THROUGH 54-
271;, PROVIDING DIRECTIONS FOR TRANSMITTAL OF COP-
IES OF THIS ORDINANCE; CONTAINING A REPEALER PRO-
VISION AND A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND-
ING CHAPTER 10, ARTICLE 1, OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BUILDINGS,
BUILDING• PERMIT FEE SCHEDULE", WHICH SETS FORTH
FEES FOR BUILDING, PLUMBING, ELECTRICAL, MECHANI-
CAL, (INCLUDING BOILER AND ELEVATOR) INSPECTIONS,
PERMITS AND CERTIFICATES, TO: (1) ELIMINATE CERTAIN
SERVICES AND FEES WHICH ARE NO LONGER WITHIN THE
PURVIEW OF THE CITY OF MIAMI. (2) COMPLY WITH PRO-
VISIONS OF THE SOUTH FLORIDA BUILDING CODE, (3)
COVER THE COSTS OF PERFORMING CERTAIN REVIEWS
AND ENFORCEMENT, AND (4) CLARIFY, MODIF-,Y, AND
ELIMINATE CERTAIN SERVICES AND FEES; MOR03ARTIC-
ULARLY BY AMENDING, REPEALING OR ADDING,GERTAIN
SUBSECTIONS TO SECTION 10-4 OF THE CODE-SO�NTAIN- ::?
ING A REPEALER PROVISION, SEVERABILI,TYr •GL•AUSE
AND PROVIDING FOR AN EFFECTIVE DATE, F y
rte:CID
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISS{ON,ESTAB=
LISHING A NEW SPECIAL REVENUE FUND .ENTITLED:
.DERELICT VESSEL REMOVAL GRANT PRrO'GRAM FUN_D,"
AND APPROPRIATING FUNDS IN THE AMOUNTt.F OF
$48,687.58 CONSISTING OF A GRANT FRQ:M TOE" FLORIDA
FISH AND WILDLIFE CONSERVATION COMMISSION; AU-
THORIZING THE CITY MANAGER TO ACCEPT THE GRANT
AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR
ACCEPTANCE OF THE.GRANT; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE.
Said proposed ordinances may be inspected by the publicgat'We
Office of the City Clerk, 3500 Pan American Drive, Miami, Flork
da_Monday through Friday, excluding holidays, between.the
hours; of 8 a.m.,and 5 p.m. .
All .interested persons may'appear.at the meeting and may be heard
with respect to the proposed ordinances. Should any 'person. desire to -ap-
peal anydecision,of-the City Commission with respect to any'matter to be
considered at this meeting; -that person shall ensure that a verbatim
record of the proceedings is made including all testimony and evidence'
upon which any appeal may be based. j
G�•(Y Opp - . I
.WALTER J. FOEMAN
0. to tr CITY CLERK
Ie 96
O p
(#9395)
2/26 01-4-02/137658M