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HomeMy WebLinkAboutOrdinanceCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12-00330 Final Action Date: 4/26/2012 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE I/SECTION 54-9 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/IN GENERAL/PLACING SIGNS ON ANY PORTION OF PUBLIC RIGHT-OF-WAY, STREET OR SIDEWALK SURFACE", MORE PARTICULARLY BY ADDING SECTION (F) TO PERMIT THE PLACEMENT OF SIGNS OR ADVERTISING ON CITY OF MIAMI, OR AN AGENCY OF THE CITY OF MIAMI, OWNED FACILITIES OR FIXTURES LOCATED WITHIN THE RIGHT-OF-WAY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City"), or an agency of the City ("Agency"), own facilities or fixtures located within the public right-of-way; and WHEREAS, it would be beneficial to the City and Agency to allow for advertising or displays to be placed on these City and Agency owned facilities or fixtures in order to generate additional revenue for the City; and WHEREAS, it would further the interests of the general health, safety and welfare of the community to disseminate communications, announcements, and information on municipally owned facilities and fixtures as defined and set forth herein; and WHEREAS, the City may regulate its existing code to provide for this allowance; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Ordinance are adopted by reference and incorporated as fully set forth in this Section. Section 2. Chapter 54/Article I/Section 54-9 of the Code of the City of Miami, Florida, as amended, is further amended in the following particulars: {1} "CHAPTER 54 STREETS AND SIDEWALKS ARTICLE I. IN GENERAL Sec. 54-9. Placing signs advertisements, or displays on any portion of public right-of-way, street or City of Miami Page 1 of 3 File Id: 12-00330 (Version: 2) Printed On: 10/4/2024 File Number: 12-00330 sidewalk surface. (a) It shall be unlawful for any person to post, stick, stamp, stencil, write, paint, erect or place any sign 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, advertisements, or displays authorized or required by the city, or by the laws or resolutions of the United States, the state, or the city or any agency of the city. This subsection shall be enforced pursuant to the provisions of section 1-13. (b) It shall be unlawful for any benefactor to cause to be posted, stuck, stamped, stenciled, written, painted, erected or placed any sign 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 authorized or required by the city, or by the laws of the United States, the state, 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) Notwithstanding any language to the contrary in this chapter, a person, business or other entity donating to the city trash receptacles meeting all city requirements and specifications, for the use and benefit of the general public, shall be authorized to place a sponsorship sign (which shall mean a sign, that may include the following or any combination of: the name of a person, business or entity, a logo for a business or other entity, on the trash receptacle, after such sponsorship sign is approved at the discretion of the solid waste director or designee. The sponsorship sign will have a dimension of 12" x 6" and exclude alcohol, tobacco, firearms products and adult entertainment establishments. The sponsorship will be for the term the sponsored trash receptacle is in service. The placement of any donated trash receptacles shall be up to the discretion of the solid waste director or designee. (f) The city, or an agency of the city, that owns municipal facilities or fixtures situated on property within the public right-of-way, shall be authorized to use such municipal facilities or fixtures for advertising or display purposes and may allow advertisements or displays in the manner provided in this Section. For purposes of this Section, only fixtures or facilities in the public right of way that are owned by the city, or an agency of the city, and are primarily used for public transportation, public parking, public works, public capital improvements, or other municipal purposes and functions will be eligible for consideration under this Section. The city, or an agency of the city, may enter into Revocable License Agreements with properly competitively procured vendors for these municipal facilities or fixtures for advertisement and display purposes. The Revocable License Agreement is to City of Miami Page 2 of 3 File Id: 12-00330 (Version: 2) Printed On: 10/4/2024 File Number: 12-00330 be in a form acceptable to the director of public works, and any applicable agency of the city. Advertisements or displays, as allowed by this section, may be permitted only under a Revocable License Agreement between the city, or the agency of the city, as applicable, and a licensee, which Agreement shall incorporate compliance by the licensee with all applicable permits, governmental reviews and approvals, codes, rules, regulations, ordinances, and statutes governing the size, dimensions, location, installation, and maintenance of the advertisements or displays by the licensee on the city or city agency owned facilities or fixtures upon which the advertisements or displays are to be placed. The Revocable License Agreement shall include the following terms: a cancellation for convenience clause, minimum use fee or similar required compensation to be paid by the licensee, insurance, bonding, and a hold harmless and indemnity clause favoring the city and the agency, as applicable. (g) The city, or an agency of the city, may allow advertisements or displays on the public right-of-way when such displays or advertisements are part of a city or city agency sponsored transportation program which serves the interests of public transportation or transportation alternatives and options. Such advertisements or displays will only be permitted when the transportation program was competitively procured and subject to compliance with all applicable permits, governmental reviews and approvals, codes, rules, regulations, ordinances, and statutes. Section 3. 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 4. 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 not 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 3 of 3 File Id: 12-00330 (Version: 2) Printed On: 10/4/2024