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Home My WebLink AboutLegislation (Version 3) 09/13/12City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12-00537 Final Action Date: 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 PROVIDE DEFINITIONS OF BICYCLE SHARING AND RENTAL PROGRAM AND RELATED TERMS; TO PERMIT THE PLACEMENT OF SIGNS OR ADVERTISING ON CITY OF MIAMI BICYCLE SHARING PROGRAM FACILITIES LOCATED WITHIN THE RIGHT-OF-WAY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the health benefits through increased exercise from bicycle riding and the reduction of pollutants in the atmosphere as a result of fewer cars on the road are well known; and WHEREAS, increasing the availability of bicyclesthrough a bicycle share and rental program will provide greater transportation options to residents and visitors; and WHEREAS, the City of Miami ("City"), or an approved, competitively procured Concessionaire of the City, ("Concessionaire"), own fixtures located within the public right-of-way; and WHEREAS, a bicycle share program that provides revenue to the City is only viable through the inclusion of advertising upon City or Concessionaire fixtures within the public right-of-way; 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/ 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, advertisement, or displays on any portion of public right-of-way, street or sidewalk surface. City of Miami Page 1 of 4 File Id: 12-00537 (Version: 3) Printed On: 8/29/2012 File Number: 12-00537 (a) It shall be unlawful for any person to post, stick, stamp, stencil, write, paint, erect or place a sign upon any sidewalk, crosswalk, curb, or any portion of the public right-of-way, including but not limited to, any trash receptacles, Tamp 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. 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 Tight 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 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) (1) Notwithstanding any other prohibitions in this chapter to the contrary, the city may place, or contract for placement of advertisements or displays on City of Miami Bicycle Sharing Facilities located within the public right-of-way or on bicycles when such advertisements or displays are part of a city sponsored bicycle -rental and sharing program. Such advertisements or displays will be permitted only when the bicycle program is competitively procured and subject to compliance with all applicable permits, contract and competitive solicitation requirements, governmental reviews and approvals, codes, rules, regulations, ordinances, statutes, and contract provisions. All contracts for placement of advertisements under this section of the code shall contain provisions for a portion of the revenue to accrue to the City. (2) The following definitions will apply to this section of the Code: City of Miami Page 2 of 4 File Id: 12-00537 (Version: 3) Printed On: 8/29/2012 File Number: 12-00537 Advertising Panel - Means an upright, two sided panel physically attached to the Bicycle Sharing and Rental Program which contains advertising materials. Bicycle Sharing and Rental Program - Means a bicycle sharing and rental program that is comprised of an automated system in which bicycles are made available for shared use by individuals who do not own them. Bicycle Sharing and Rental Station - Means the following items located on a predetermined physical site: docking structure, Payment Kiosk, bicycle and Advertising Panel. Brickell Business Area means all streets and avenues in the area bounded by South Miami Avenue and Brickell Avenue from the Miami River to SE 15th Road. Downtown Business Area means all streets and avenues in the area bounded by Biscayne Boulevard and NW 1st Ave, between NE/NW 3rd Street and SE/SW 2nd Street west of 2nd Ave, and between NE/NW 6th Street and SE Biscayne Boulevard Way east of 2nd Ave; Payment Kiosk- Means the physical structure and housing for the electronic payment equipment that allows users to access the Bicycle Sharing and Rental Program with a membership card or credit card. Viewable Area - Means the area of an Advertising Panel which is visible and not obstructed by a frame or other structure. The size of the Viewable Area shall not exceed 56.75" height x 38.50" width but may differ slightly based on different advertising panel manufacturers, providing however that such difference, if any, shall not exceed a maximum of five (5%) percent of the Viewable Area. (3) The following requirements and limitations will apply to any advertisement(s) and display(s) authorized under this section: (i) Advertisements Panels related to the Bicycle Sharing and Rental Stations shall be limited to a single Advertising Panel per station. A maximum of 50% of the total Bicycle Sharing and Rental Stations may have Advertising Panels, except a maximum of 25% of Bicycle Sharing and Rental Stations within the Downtown and Brickell Business Areas may have Advertising Panels. (ii) Advertisements on the Bicycle Sharing and Rental Station Payment Kiosk shall be limited to either: (A) the rear panel of the Payment Kiosk opposite the keypad/screen display with a maximum dimension of 21"W x 58"H or (B) both side panels measuring 14"W x 36"H. (iii) General advertising on bicycles that are part of a Bicycle Sharing and Rental Program shall be limited to basket surfaces, handlebar placard and fender covers of the bicycles. * *„ Section 3. If any section, part of -section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. City of Miami Page 3 of 4 File Id: 12-00537 (Version: 3) Printed On: 8/29/2012 File Number.: 12-00537 Section 4. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.{2} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU 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} If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar 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. City of Miami Page 4 of 4 File Id: 12-00537 (Version: 3) Printed On: 8/29/2012