HomeMy WebLinkAboutO-12971City of Miami
Legislation
Ordinance: 12971
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-01175 Final Action Date: 2/14/2008
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, 54-8 AND 54-9 TO PROHIBIT
PLACEMENT OF SIGNS IN THE PUBLIC RIGHT-OF-WAY OR ON CITY
PROPERTY; 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; 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
City of Miami
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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 sign whose agent, employee,
contractor, promoter, or other representative did or caused the posting, 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.
"One day" means a 24 hour period from noon to noon.
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"Sign" means any poster, card, cardboard, advertisement, or paper device or any identification,
description, illustration, or other device located on any portion of the public right-of-way, street, or side
walk surface which directs attention to a product, place, activity, person, institution, business,
message or solicitation.
Sec. 54-7. Political or other advertisements Signs not to be placed on City property or trash
receptacles.
It shall be unlawful for any person, business, or benefactor to place or cause to be placed
political advertisements, handbill., -or ..n-ipe-signs or billboards on City -owned property and trash
receptacles placed upon City streets and sidewalks except signs authorized or required by the City, or
by the laws of the United States, the State of Florida, or the City.
Sec. 54-8. Using street or sidewalk for display purposes, exceptions Hermit 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.
Except as provided in Chapter 54 Article III gdisplays 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
sign
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 trash receptacles, 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 orh-e surface of any street or sidewalk, except signs or decorate placed by the City or
such as magi be authorized or required by the City, or by the laws of the United States, or the State of
Florida, and or 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,
painted, erected or placed any sign notice,-bAl—cca,d, poster, advertisemen ote or sign-Gf-any
character -Of -description, 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 trash receptacles, 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 except signs or decorations planer! by the City
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or such as magi be authorized or required by the City, or by the laws of the United States, of the State
of Florida, and the ordinances of or 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) A performance bond shall be required of any person or business who rents or leases any City
facility for a special event to ensure the removal of any signs that may advertise such event. The City
may at its sole discretion direct such signs to be removed at any time.
(e) Signs attached to or placed on a vehicle (including trailers) that s parked on public or provate
property shall be prohibited.
Sec. 54-9.1. Enforcement, rebuttable presumption.
A violation of Sections 54-7, 54-9 (b) - 54-9(8 c) 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 or benefactor advertised on the face of the sign, the Code
Enforcement Board or special master shall apply a rebuttable presumption that the business
or benefactor 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 person, business or
benefactor before the Code Enforcement Board or special master, all signs in the possession
of the person.
(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.
Sec. 54-9.2. Civil fines.
The following civil fines shall be imposed for violations of Sections 54-7, 54-9 (b) - 54-9(8 c) herein:
LU If the offense is the first offense, $100.00 fine plus $50.00 per sign;
0 If the offense is the second offense within the preceding 12 months, $250.00 fine plus
$50.00 per sign;
0 If the offense is the third or subsequent offense within the preceding 12 months, $500.00
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fine plus $50.00 per sign.
(4) Notwithstanding Sections (1)-(3), no person, business 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.
*If
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}
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.
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