HomeMy WebLinkAboutO-12888City of Miami
Legislation
Ordinance: 12888
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-00069 Final Action Date: 2/8/2007
AN ORDINANCE OF THE MIAMI CITY COMMISSION REPEALING CHAPTER 54,
"STREETS AND SIDEWALKS," ARTICLE III, "BUS BENCHES," SECTION 54-86
THROUGH SECTION 54-94 OF THE CODE OF THE CITY OF MIAMI, FLORIDA;
CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, because Florida Statutes, Section 337.408 already contains a provision for the
regulation of benches, transit shelters, street light poles, waste disposal receptacles, and modular
newsracks within rights -of -way, the need for a local Ordinance addressing the same issues is not
necessary; and
WHEREAS, the Miami City Commission, after careful consideration of this matter, deems it
advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to
repeal Sections 54-86 through 54-94 of the Code of the City of Miami, Florida, as amended ("City
Code");
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, "Streets and Sidewalks," Article III, "Bus Benches," Section 54-86 through
54-94 of the City Code, is amended in the following particulars:{1}
"CHAPTER 54
STREETS AND SIDEWALKS
* * *
ARTICLE III. BUS BENCHES
* * *
ARTICLE III. BUS BENCHES*
Miami a Benches Co., 174 So. 2d 49.
City of Miami
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File Number: 07-00069 Enactment Number: 12888
Sec. 54 86. Authorization required.
city, to be used for commercial or advertising purposes, without having first been authorized to do so,
as hereinafter provided.
Sec. 54 87. Basis for placement.
accommodate the members of the public using buses for transportation shall be the subject of
proposals from commercial advertising firms willing to pay the city for the right to install and maintain
bus benches and/of-bus shelter structures in the public right of way in the city, upon which benches
shcltcr structures.
Sec. 54-88. Bid restrictions.
The city manager is authorized to i.sue all invitations for bids. For benches the minimum bid
service information pertaining to nonprofit objectives. For shelters, the minimum bid shall be not lec•s
commercial advertising or not. At the option of the city a maximum of ten percent of the advertising
cpace available may be restricted for public service information pertaining to nonprofit objectives. The
a disagrccmcnt, shall rest solcly in the discretion of the city manager- se decision shall be final.
such are located within the dedicated street right-of-way,
Sec. 54 89. Term of agreement.
agreement subjcct to two periods of renewal of five years each.
Sec. 54 90. Location and placement in public rights of way.
Bus benches and/or bus shelters located on public rights of way or public easements abutting
property zoned R 1 Single Family Residential, or R 2 Two Family Residential, or along scenic
transportation corridors other than Coral Way, shall mused for display purposes.
Sec. 54 91. Location.
No bench shall be placed so that the angle of its long dimension, in relation to the curbline,
requirements, including the Americans with Disabilities Act. No shelter shall be placed so that the
angle of its long dimension, in relation to the curbing, shall be greater than three degrees.
Sec. 54 92. Inspection and maintenance.
the area free of weeds and overgrowth of gra.s. All graffiti shall be removed and/or covered over with
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File Number: 07-00069 Enactment Number: 12888
an opaque covering no later than it8 ho irs after notice is presented to the bench or shelter company
by the city.
Sec. 54 93. Size.
No shelter shall be more than 96 inches high, or more than 60 inches wide, or more than 13
feet long, unless the city manager expre.sly authorizes a deviation from these requirements.
Sec. 54 94. Name of company to be displayed.
to in city Code section 54 90.
Section 3. All Ordinances or parts of Ordinances that are inconsistent or in conflict with the
provisions of this Ordinance are repealed.
Section 4. If any Section, part of a section, paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 5. This Ordinance shall become effective thirty days after final reading and adoption
thereof. {2}
Footnotes:
{1} 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} 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.
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