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ORDINANCE 2024 - -'�t—
<br />AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
<br />FLORIDA, REPEALING CHAPTER 227 OF THE CODE OF ORDINANCES OF THE CITY
<br />OF SUNNY ISLES BEACH, ENTITLED "SIGNS, TEMPORARY POLITICAL," AND
<br />CHAPTER 265, ARTICLE IX, §265-63, ENTITLED "TEMPORARY POLITICAL SIGNS;"
<br />REPEALING AND REPLACING CHAPTER 265, ARTICLE IX, §265-57, ENTITLED
<br />"TEMPORARY SIGNS;" AMENDING CHAPTER 265, ARTICLE IX, §265-51, §265-52,
<br />§265-55, §265-56 TO CONFORM TO EXISTING LAW AND TO ESTABLISH
<br />REGULATIONS GOVERNING THE USE AND DISPLAY OF TEMPORARY SIGNS;
<br />RENUMBERING CHAPTER 265, ARTICLE IX, §265-63.1, §265-63.2, AND §265-63.3;
<br />PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
<br />DATE.
<br />WHEREAS, in 2015, the Supreme Court of the United States issued its opinion in Reed v.
<br />Town of Gilbert, 576 U.S. 155, 163, 135 S. Ct. 2218, 192 L. Ed. 2d 236 (2015), wherein it held, in
<br />relevant part, that the First Amendment mandates that governmental entities cannot single out
<br />any topic or subject matter for differential treatment in its sign regulations, even if such
<br />regulations do not target or regulate viewpoint or specific content; and
<br />WHEREAS, the Court further opined that its ruling in Reed does not preclude
<br />government entities from enacting and enforcing reasonable sign regulations, which may
<br />include, but are not limited to, non-discriminatory and neutral regulations, such as limits on
<br />size, quantity, placement, location, lighting, and digitization, and that such regulations are valid
<br />to protect public safety and serve legitimate aesthetic objectives; and
<br />WHEREAS, the Court further opined that "in addition to regulating signs put up by
<br />private actors, government entities "may put up all manner of signs to promote safety, as well
<br />as directional signs and signs pointing out historic sites and scenic spots;" and
<br />WHEREAS, the City Commission finds that temporary signs have become excessive, and
<br />that many temporary signs are distracting and dangerous to motorists and pedestrians, are
<br />confusing to the public, and do not relate to the premises on which they are located, and
<br />substantially detract from the beauty, appearance, and appeal of the city; and
<br />WHEREAS, the City Commission finds and determines that the City's sign regulations are
<br />intended to regulate in a manner so as to not interfere with, obstruct the vision of or distract
<br />motorists, bicyclists, or pedestrians in order to maintain safe roadway conditions for the general
<br />public, and to promote legitimate and substantial aesthetic objectives, beauty, and appeal
<br />throughout the City; and
<br />WHEREAS, the City Commission finds that the City's sign regulations are intended to
<br />regulate temporary signs in a manner to protect the public from the dangers of unsafe signs by
<br />requiring signs to be constructed, installed, and maintained in a safe manner; and
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