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Ordinance
FR.1
File Number: 07-01175 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"STREET AND SIDEWALKS," BY AMENDING SECTION 54-1, TO ADD NEW
DEFINITIONS; AMENDING SECTIONS 54-7 THROUGH 54-9 TO PROHIBIT
PLACEMENT OF SIGNS IN THE PUBLIC RIGHT-OF-WAY; ESTABLISH CRITERIA
FOR REBUTTABLE PRESUMPTIONS CONCERNING PLACEMENT OF SIGNS ON
THE PUBLIC RIGHT-OF-WAY; CREATING NEW SECTIONS 54-9.1 THROUGH
54-9.3, TO PROVIDE FOR SEIZURE OF SIGNS FOR USE AS EVIDENCE AT
PROSECUTION; PROVIDE FOR ENFORCEMENT AND PROVIDE FOR CIVIL
FINES AND PENALTIES FOR VIOLATIONS AND CREATING NEW SECTION
54-18 RELATING TO LIGHT POLE BANNERS; CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, It is the intent of the City Commission to prevent, in whatever way possible, the abuse
of the environment of the City of Miami ("City") through acts of any persons that severely burden the
taxpayers of the City and adversely affect the attractiveness, public health, safety and welfare of the
community for its residents and visitors; and
WHEREAS, illegal signs on public property caused by persons posting commercial signs, bills and
notices continues to be a problem in the City and has recently been the subject of City Commission
and Planning Board discussions to address modified enforcement and legislative solutions; and
WHEREAS, the posting of illegal signs, in addition to harming the City's aesthetics and visual
beauty by causing visual blight, harms and damages the City's efforts to promote, provide for, and
protect the public health, safety, morals, and welfare; and
WHEREAS, the persons and entities who are the primary beneficiaries of the unauthorized and
illegal posting of commercial signs, bills and notices gain financial benefits and profits from commercial
signs that end up as visual blight; and
WHEREAS, the City is forced to spend substantial financial and human resources to remove the
unauthorized and illegally posted commercial signs; and
WHEREAS, the City also recognizes that a portion of the visual blight in the City is caused by
out -of -City businesses that send their agents to post illegal signs on the City's right -of way to advertise
their out -of -City businesses, and the City intends to prosecute these out -of -City business violators to
the full extent permitted by law, including by recording all Code Enforcement orders imposing fines as
liens on violators' property and pursuing all actions permitted at law and in equity to enforce such
orders imposing fines; and
Cio, of Miami
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File Number: 07-01175
WHEREAS, it would serve a substantial governmental interest for the City Commission to enact an
Ordinance increasing the City's ability to enforce its regulations concerning the posting of illegal signs
by creating criteria for rebuttable presumptions;
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.{1}
Section 2. Chapter 54 of the Code of the City of Miami, Florida, as amended is amended in the
following particulars:{1}
"Chapter 54
STREETS AND SIDEWALKS
ARTICLE I. IN GENERAL
Sec. 54-1. Definitions.
The following words, terms and phrases, when used herein, shall have the meanings ascribed to them
in this Code, except where the context clearly indicates a different meaning:
"Assembly' means any organized: (i) company of persons that is collected together in one place, or (ii)
demonstration or rally of persons that does not meet the definition of "parade" set forth herein. The
term "assembly" does not include:
(1) A special event as defined in this section.
(2) Still photography, motion picture photography, or electronic (television) photography for commercial
purposes, on any public roadway, sidewalk, street, park, causeway, beach, lagoon, or on any
City -owned property or facility in the City for which a commercial photographic permit is required under
section 41-26 of this Code.
"Assembly permit" means a permit as required by sections 54-6.2 or 38-74 of this Code.
"Benefactor" means the owner of the business advertised in the siq_n whose agent, employee,
contractor, promoter or other representative did or caused thepostinq, placing or affixing of any sign.
"Business" means any commercial or industrial activity, entity, or event in or for which any goods or
services are made, sold or offered for sale or other consideration, pecuniary or otherwise.
*
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File Number. 07-01175
Sec. 54-7. Political or other advertisements not to be placed on City property or trash receptacles.
It shall be unlawful to place political advertisements, handbills or snipe signs or billboards on
City -owned property and trash receptacles placed upon City streets and sidewalks.
Sec. 54-8. Using street or sidewalk for display purposes, exceptions; permit and fee.
It shall be unlawful to use any portion of a street, public right-of-way, or sidewalk in the City for
display purposes, except as approved by the City Commission.
Displays approved by the City commission shall be no larger than 16 square feet, and no
portion of any display or attachment thereto may be more than 84 inches from the ground.
Sec. 54-9. Placing signs on any portion of public right-of-way, street or sidewalk surface.
(a) It shall be unlawful for any person to post, stick. stamp, stencil, write, paint, erect or place any
notice, bill, card, poster, advertising signs, advertisement or notes or other paper or device calculated
to attract the attention of the public. to or upon any sidewalk, crosswalk, curb, or any portion of the
public right-of-way, including but not limited to, any lamp post, electric light. telegraph, telephone or
utility line pole, hydrant, parking meter bus bench or shelter, news rack, shade tree or tree box, any
wall, fence or barricade, or upon the piers, columns, trusses, girders, railings, gates or other parts of
any public bridge, overpass or viaduct, or any public structure or building or the surface of any street
or sidewalk, except signs or decorations placed by the City or such as may be authorized or required
by the laws of the United States, or the State of Florida, and the ordinances of the City. This
sub -section shall be enforced pursuant to the provisions of Section 1-13 of this Code.
(b) It shall be unlawful for any benefactor to cause to be posted, stuck, stamped, stenciled, written,
fainted, erected or placed any notice, bill,_ card, poster, advertisement or notes sign of any character
or description, or other paper or device calculated to attract the attention of the public, to or upon any
sidewalk, crosswalk, curb, or any portion of the public right-of-way, including but not limited to, any
lamp post, electric light, telegraph jelephone or utility line pole, hydrant, parking meter bus bench or
shelter, news rack_ shade tree or tree box, any wall, fence or barricade, or upon the piers, columns,
trusses, girders, railings, gates or other parts of any public bridge, overpass or viaduct, or any public
structure or building except signs or decorations placed by the City or such as may be authorized or
required by the laws of the United States, or the State of Florida, and the ordinances of the City.
(c) No sign shall extend or project over any portion of any street, alley, waterway or any other public
way or any public property except for marquee and projecting signs which shall only be permitted to
extend over the right-of-way, in accordance with the Florida Building Code.
(d) Aperformance bond shall be required of any person or benefactor who rents or leases any City
facility for a special event to ensure the removal of any signs that may advertise such event in case of
advanced deterioration of the signs, or if a dangerous condition presents itself, the City may at its sole
discretion direct signs to be removed at any time.
g.) Signs attached to or placed on a vehicle (including trailers) that is parked on public or private
property shall be prohibited.
City of Miami
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Sec. 54-9.1. Enforcement. rebuttable presumption.
(a) A violation of Sections 54-9 (b) - 54-9(e) is a civil violation and will be enforced pursuant to the
provisions of Section 2-823 through 2-830 of this Code subject to the following conditions:
(1) At any prosecution for violation of this section where the circumstances relating to the
placement and number of signs make it more likely than not that the signs were placed there,
or caused to be placed there. by an agent, employee, contractor, promoter, or other
representative of the business advertised on the face of the sign. the Code Enforcement Board
or special master shall apply a rebuttable presurnption that the business advertised on the face
of the sign placed. posted or affixed the sign.
(2) If a person is found posting signs in violation of this Code, every code enforcement officer
is authorized to seize. for use as evidence in the prosecution of the benefactor/violator before
the Code Enforcement Board or special master, all signs in the possession of the violator.
(3) When a sign is found to be located on public property and without a required permit, the
City shall have the right to remove such sign. The owner may recover the sign by paying the
removal costs within 60 days of the removal. If the sign is not recovered by the owner within 60
days then it shall be considered abandoned property in the hands of the City and shall be
disposed of as permitted by law. The City shall recover all costs in conjunction with such
removal of signs from the owner or the owner's property. Such recovery may be by way of
personal action against the owner or an in rem lien against any property of the owner located
within the City.
Sec. 54-9.2. Civil fines.
The following civil fines shall be imposed for violations of Sections 54-9 (b) - 54-9(e) herein:
LU If the offense is the first offense, $100.00 fineplus $50.00per sign;
gl If the offense is the second offense within the preceding 12 months, $250.00 fine plus
$50.00 per sign;
L3]. If the offense is the third or subsequent offense within the preceding 12 months, $500.00
fine plus $50.00 per sign.
(4) Notwithstanding Sections (1)-(3), no person or benefactor shall receive more than 1 offense
within any one day period, however, the $50.00 per sign fine shall apply to all signs found
during that one day period.
Sec. 54-9.3 Recovery of unpaid fines; unpaid fines to constitute a lien; foreclosure.
(a) The City may institute proceedings in a court of competent jurisdiction to compel payment of civil
fines.
(b) A certified copy of an order imposing a civil fine may be recorded in the public records and
thereafter shall constitute a lien upon any real or personal property owned by the violator and it may be
enforced in the same manner as a court judgment by the sheriffs of this state, including levy against
the personal property, but shall not be deemed to be a court judgment except for enforcement
purposes. After two months from the filing of any such lien which remains unpaid, the City may
foreclose or otherwise execute upon the lien.
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54-18 Light pole banners.
(a) Banners affixed to light poles or other similar structures on the public right-of-way shall be subject
to the following regulations:
(1) The right to install, as well as the number. location and method of installation of banners
shall be subject to the design review process and approved by the City Manager. or his/her
designee for special events takingplace in the City, and by the City Commission for special
events held outside of the City.
a. In considering whether to approve light pole banners for events held outside of the
City. the City Commission may, among other factors, consider whether the municipality
or other governmental entity hosting that special event would reciprocate such action
within its own jurisdiction for special events taking place in the City.
(2) All banners shall not exceed three feet in width by seven feet in length. Banners may be
double -sided. The color. design and material of all banners shall be approved under the design
review process.
(3) All banners directing the public's attention to a public institution or special district may be
erected for an indefiniteperiod. subject to being maintained in good condition and periodic
review for appropriateness under the design review process.
(4) Any text shall be limited to a maximum of 25 percent of the total area of the banner, unless
the text constitutes the overall image of the banner.
(5) No portion of any sign which extends over a public sidewalk or alley shall be Tess than nine
feet above such sidewalk or 15 feet above such alley, measured vertically directly beneath the
sign to grade.
(6) All banners, except those erected by the City, may be erected up to 30 days prior to the
event being announced and must be removed within seven days after such event.
a. Any text for special event banners shall be limited to the name of the event, the name
of the sponsor and the date of the event.
b. Any single corporate symbol or logo associated with the sponsorship of any special
event shall be limited to five percent or one square foot of the total area of the banner,
whichever is smaller; two or more symbols or logos associated with sponsorship shall
be limited to ten percent, or two square feet of the total area of the banner, whichever is
smaller.
(7) A performance bond shall be required to ensure the removal of the banners in case of
advanced deterioration of the banners, or if a dangerous condition presents itself, the City may
at its sole discretion direct banners to be removed at any time.
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(8) The City shall require the sponsoring organization to provide a certificate of insurance that
covers the sponsor's property as well as the property of City. This certificate of insurance shall
be approved by the City's office of risk management.
*
*
*
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 section, paragraph, clause, phrase or word of this Ordinance
is declared invalid, the remaining of this Ordinance shall not be affected.
Section 5. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ e-TKvY
CITY ATTORNEY
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 or upon the effective date
stated herein, whichever is later.
City of Miami
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