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HomeMy WebLinkAboutLegislation FRCity of Miami Legislation 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 Page 1 of 6 Primed On: 1/15/2008 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. * Cite of Miami Page 2 of 6 Printed On: 1/15/2008 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 Page 3 of 6 Printed On: 1/15/2008 File Number: 07-01175 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. City of Miami Page 4 of 6 Printed On: 1/15/2008 File Number: 07-01175 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. City of Miami Page 5 of 6 Printed On: 1/15/2008 File Number: 07-01175 (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 Page 6 of 6 Printed On: 1/15/2008