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HomeMy WebLinkAboutO-11166J-94-439 p 5/09/94 �_ 1 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION" BY AMENDING SECTION 2-409 ENTITLED "SCHEDULE OF CIVIL PENALTIES" BY INCREASING THE DOLLAR AMOUNT OF CIVIL PENALTY FOR THE VIOLATION OF USING THE STREET OR SIDEWALK FOR ADVERTISING OR DISPLAY PURPOSES AND PLACING SIGNS ON STREET OR SIDEWALK SURFACE; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, Sections 54-8 and 54-9 of the Code of the City of Miami, Florida, protect the public streets and sidewalks by prohibiting the use of any portion of a street or sidewalk for advertising or display purposes and prohibiting the placement of advertising signs or notes upon the surface of sidewalks or streets; and WHEREAS, at the April 14, 1994 City Commission meeting, several citizens expressed concern about the Increase In the number of unlawful advertising signs and displays on the public streets and sidewalks and the ineffectiveness of the current dollar amount of civil penalty for violation of said Sections of the City of Miami Code; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and In the best Interest of public safety and the general welfare of the City of Miami and its inhabitants to amend to the Code of the City of Miami, Florida, as amended, as set forth herein; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: 11166 Section 1. Section 2-409 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars:1/ "Section 2-409. Schedule of civil penalties. (b) The "descriptions of violations" below are for informational purposes only and the civil penalties attached are meant only as proposed figures not Intended to limit the nature, number of or amount of fines to be Imposed for the violations which may be cited in this section. To determine the exact nature of the activity prescribed or required by this Code, the relevant Code section, ordinance or treatise cited in the specific violation must be examined. CODE DESCRIPTION CIVIL SECTION OF VIOLATION PENALTY 54-8 Unlawful use of street or sidewalk for advertising or display purposes. 54-8 Failure to obtain permit for lawful advertising or display in the public right-of-way. 54-9 Placing signs on street or sidewalk surface. --5e . ee 250.00 28E) . 8e 250.00 58.ee 250.00 Section 2. 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 3. All Ordinances, or parts of Ordinances Insofar as they are Inconsistent or in conflict with provisions of this Ordinance are hereby repealed. 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. 2 - Section 4. This Ordinance shall become effective 30 days after final reading and adoption hereof, pursuant to law. PASSED ON FIRST READING BY TITLE ONLY this 9th day of June , 1994• PASSED AND ADOPTED ON SECOND AND FINAL READING this 14th day of July 1994• CITY CLERK SUBMITTED BY: �j-fl.Le, WALDEMAR E. LEE DIRECTOR OF PUBLIC WORKS LEGAL REVIEW BY:CORRECTNESS: G. MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: r ow A. QU tAff JONFA II CITY ATTOR E ST HEN P. CLAW MAYOR 11166 — 3 — CITY OF MIAMf, FLORIDA �� NTEIE%3-©F�=OCIC G�f L i] C L �®�Gc TO Honorable Mayor and Members DATE': 'MAYA 1 1994 FILE .of the City Commission SUBJECT: Amendment to C f ty Code First Reading of Ordinance Amending Code Section 2-409 Ces dlo FROM C I t er REFERENCES Ordinance ENCLOSURES: RECOMMENDATION: It Is respectfully recommended that the City Commission adopt the attached Ordinance amending Chapter 2 of the Code of the City of Miami entitled "Administration" by amending Section 2- 409 entitled "Schedule of civil penalties" by increasing the fine for the violation of posting advertising signs and displays on the public streets and sidewalks. BACKGROUND: At the April 14, 1994 City Commission meeting, several citizens expressed concern about the increase In the number of unlawful advertising signs and displays being posted on the Clty's streets and sidewalks. The current fines for violation of the City Code sections prohibiting posting of advertising signs on public streets and sidewalks appear to be ineffective In discouraging the placement of these illegal signs. The attached proposed Ordinance will increase the dollar amount of the civil penalty for violation of using streets or sidewalks for unlawful advertising or display purposes from $50 to $250. 11166 ` -/ A 012.1itij of �tttmt MATTY HIRAI City Clerk August 26, 1994 , Ms. Becky DeNeve Vice -President - Supplements Municipal Code Corp. P.O. Box 2235 Tallahassee, FL 32304 Dear Ms. DeNeve: CESAR H. ODIO City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11166 11169 11171 If I can be of any further assistance, please do not hesitate to call. Very truly yours, i ' Valerie Green ood Deputy Clerk Enc. a/s OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360/FAX(305) 858-1610 (2.1i#v .of tttmi MATTY HIRAI City Clerk � nuv nm August 26, 1994 Louis Tomeo Court Operations Officer 1351 N.W. 12th Street, Rm 7-701 Miami, FL 33125 Dear Mr. Tomeo: CESAR H. ODiO City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11166 11169 11171 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter and return it to this office for our files. Thank you. Very truly yours, MATTY HIRAI City Clerk BY: 1 L.Fq,QQ ��✓� f �/ DEPUTY CLERK RECEIVED BY: DATE: MH:vg Enc. a/s OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360/FAX(305) 858-1610 �i#g of Ct�xmt �qY Up MATTY HIRAI r` City Clerk _ 1 Q\ OFrO. t y0 August 26, 1994 Office of the State Attorney Attention: Rosemary Ricotta 1350 N.W. 12th Avenue Miami, FL 33136-2111 Dear Ms. Ricotta: CESAR H. ODIO City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11166 11169 11171 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter and return it to this office for our files. Thank you. Very truly yours, MATTY HIRAI City Clerk BY: DEPUTY CLERK RECEIVED BY: DATE: MH:vg Enc. a/s OFFICE OF THE CITY CLERK/ 35M Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360/FAX(305) 858-1610 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbsyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI LEGAL NOTICE RE: ORD. NO. 11166 in the ........................ 3£3f)XX3i #?X.............................. Court, was published in said newspaper in the Issues of Jul 26, 1994 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said 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 Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afflant f says that she has neither nor promised an on, fl or corporation any di ._t, rebate, com or reN for the purpose of se ring this adverts n or pubi ation in the sold Sworn to and subscribed before me this 260 eau'l-% 1 94 AGNES E. PENA (SEAL) NOTARY PUBLIC STATE OF FLOR Octelma V. F�11V IIp° NO. CC 171108 MYCOMMISSION EXP. IAN. 6.15 OfiDIFlA1rCCE � 11'1� AN ORDINANCE AMENOfNG CHAPTER i0F THE CODE OF THE CITY OF MIAMI fLORIDA, AS AMENDED... ENTITLED "ADMINISTRATt AMENDING SEomN 2-409 ENTITLED 'SCHEDULE OF CIVIL PENALTIES" BY WDREASING THE 004M AMOUNT OF CIVIL. PENALTY FOR THE VIOLATION OF USING THE STREET OR SIDEWALK FOR ADVERTISING OR DISPLAY PtiR- POSES AND PLACING SIGNS, Qk! STREET OR SIDEW SUR- FACE; CONTAINING A REPEALER PROVISION AND SEVVEAABK- ITY CLAUSE AND AN EFFECTIVE DATE. i40.1f1A7._ 0 ANEMERGENCY t ESTARLISHMIG A SPECIAL REVENUE FUND 'ENT 610POtATION dA.R.S" AND APPRO- PRIATING INITIAL RESOURCES, IN THE AMOUNT OF $0,540; AUTHORFZ W THE'CITY MANAGER VO AOCEPT A GRANT FROM THE Ff.ORM11A' MO Its' THERT VEMTON 14UTH©R- ►T1f THE CITY WO&PBER, TO EXE6UTE ALL NE IN APORM AC- CEPTABLE TO Tft CITY 7TOl EY, FOR THE ACCEPTANCE AM IMPLEMENTATION OF SAID GRANT; CONTAINING A RE- PSALEA PROVOM AND A SEVE AO t;ITII CLAUSE. - Said orcnanaea bo k ps sm jl t*:#he at the Office of the a City ask 3500 Pan.�lr Ia/ri QriM4: I F, `I�Tot ► �rnuph. f FFrfty, aouokring hoW ,.IsW, W r4 Iilb 0Vj* a.m. ow 5-00 i MATTY HM CITY CLERK CITY OF MIAMI, FLARIDA 7!� 9�4-07�S7IW