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Home My WebLink AboutLegislation FRCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number•:13-00108 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ ARTICLE 1/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 THE PUBLIC RIGHT-OF-WAY, STREET, OR SIDEWALK SURFACE", MORE PARTICULARLY BY AMENDING SUBSECTION (A) TO ALLOW AN AGENCY AND INSTRUMENTALITY OF THE CITY OF MIAMI ("CITY") TO ALLOW CERTAIN SIGNAGE SUBJECT TO SPECIFIED TERMS, CONDITIONS AND LIMITATIONS; FURTHER ADDING A NEW SUBSECTION (G) TO PERMIT THE PLACEMENT OF SIGNAGE OR ADVERTISEMENTS ON CITY, OR CITY AGENCY AND INSTRUMENTALITY OWNED, FACILITIES, STRUCTURES OR FIXTURES WITHIN THE PUBLIC RIGHT-OF-WAY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Miami ("City") or an agency and instrumentality of the City ("Agency") own facilities and fixtures located within the public right-of-way; and WHEREAS, it would be beneficial to the City and the Agency to allow for advertising or displays to be placed, subject to terms, conditions and limitations, on certain City or agency owned facilities, structures, and fixtures in order to generate additional revenue for the City; and WHEREAS, the Code of the City of Miami, Florida, as amended ("City Code"), may be regulated by the City 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 if fully set forth in this Section. Section 2. Chapter 54/Article I/ Section 54-9 of the City Code is further amended in the following particulars:{1} "CHAPTER 54 STREETS AND SIDEWALKS ARTICLE I. IN GENERAL * * * City of /Ytinmi Page 1 of 4 File Id: 13-00108 (Version: 1) Printed On: 1/29/2013 File Number: 13-00108 Sec. 54-9. Placing signs, advertisement, or displays 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 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 or any agency and instrumentality 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 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 and Rental Station 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 subjectto 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. City of Miami Page 2 ofif File 14: 13-00108 (Version: 1) Printed On: 1/29/2013 File Number: 13-00108 (2) The following definitions will apply to this section of the Code: 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, and bicycles. 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. (3) The following requirements and limitations will apply to any advertisement(s) and display(s) authorized under this section: (i) Advertisements on the Bicycle Sharing and Rental Station Payment Kiosk may contain advertising on: (A) the rear panel of the Payment Kiosk opposite the keypad/screen display with a maximum dimension of 231W x 81 "H and/or (B) both side panels measuring 14"W x 48"H. (ii) 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. (q) Notwithstanding any other prohibitions in this chapter to the contrary, the city , or an agency or instrumentality of the city,; that, owns facilities, structures, or fixtures situated on property within or adjoining the public right-of-way, shall be authorized touse such facilities; structures or fixtures for advertising or display purposes. The city, or any agency and instrumentality of the city, may enter into agreements with competitively procured licensees for these facilities, structures or facilities to be used for such purposes. The agreements shall be in such form(s) acceptable to the director of public works for city facilities, or the agency 'head for facilities owned by a city agency and instrumentality. The agreements may not be assigned, transferred or otherwise sold or conveyed. Advertisements or displays, as allowed under this section, may be permitted only under -a Revocable License Agreement between the city, or the agency, as applicable, and a licensee. Said Revocable License Agreement shall incorporate compliance by the licensee with all legal and regulatory requirements, including, without limitation, all applicable permits governmental approvals ,procurement requirements, codes,. rules, ordinances and statutes governing the size, dimensions, location, installation,iinsurance, bonding, and maintenance of the advertising or display by the licensee on city or agency owned facilities, structures or fixtures upon which the advertisement or display is to be placed. The Revocable License Agreement shall include a cancellation for convenience clause, a minimum use fee or similar required monthly compensation by the licensee, insurance, bonding, and a hold harmless,indemnity and duty to defend the city and the agency provisions. The agreement may not be exclusive Unless competitively procured. Section 3. If any section, part of a section, paragraph, clause , phrase or word of this Ordinance is City of Miami Page 3 of 4 File Id: 13-00108 (Version:.1) Printed On: 1/29/2013 File Number: 13-00108 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} APPROVED AS TO FORM AND CORRECTNESSe JULIE O. BRU CITY ATTORNEY 464E., Footnotes: {1} Words and/or figures stricken through shall be deleted. Underscoredwords 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. City of Miami Pate•.4 of 4 •File Idi 13=00108 (1!ersiow:::1) Printed On: 1/29/2013