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HomeMy WebLinkAboutOrdinance 98-37 ORDINANCE NO. 98- 31- AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, GOVERNING THE INSTALLATION, MAINTENANCE AND DISPLAY OF TEMPORARY POLITICAL SIGNS IN THE CITY OF SUNNY ISLES BEACH; PROVIDING FOR DEFINITIONS; PROVIDING LOCATION AND INST ALLA TION SIZE AND NUMBER; TIME PERIOD; BOND REQUIREMENTS; PROVISION FOR REMOVAL OF IMPROPER SIGNS; ENFORCEMENT AND PENAL TIES; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, INCLUSION INTO THE CODE AND AN EFFECTIVE DATE. WHEREAS, the City Commission has noted that during election campaigns there is a proliferation of temporary political signs in public streets and along the roadway creating visual clutter and frequently becoming litter and creating safety hazards for pedestrians and vehicular traffic; and WHEREAS, the City Commission would like to address the issues of installation, maintenance and display of temporary political signs within City limits; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Title. This Ordinance shall be entitled Temporary Political Signs and shall govern the installation, maintenance and display of temporary political signs within the City. Section 2. Definitions. The following words, terms and phrases when used in this Ordinance shall have the meanings ascribed to them in this Section except where the context clearly indicates a different meaning: Temporary political signs: shall mean any sign which advocates or suggests to the reader that he vote for or against, endorse, or not endorse, contribute or not contribute to, or otherwise support or refrain from supporting in any way, any proposition to be voted upon by the public or any individual seeking election or appointment to a particular position or office. The term shall also include any sign which declares or affirms support or endorsement for any proposition to be voted on by the public or individual seeking election or appointment to a particular position or office. Political signs Ord, -1- Section 3, (A) (B) (C) (D) (E) (F) (G) (H) (I) Political signs Ord. Location and installation: size and number: time period: bond requirement. Placement on right-oJ-way or other public property (including utility poles, traffic signs, bus shelters, etc.). No temporary political sign shall be placed on public rights- of-way or on property owned or used by the City, Placement on vacant lot No temporary political sign shall be placed upon any unimproved lot without the written consent of the property owner filed with the City Clerk prior to posting of the sign, Bond Each candidate in a municipal election and non-municipal elections shall, prior to the installation and/or construction of signs in accordance with this article, post or cause to be posted with the City a refundable cash bond in the minimum amount of $500,00. Exemption Jrom bond requirement Any candidate who has filed his qualifying fee pursuant to F.S. ~99.095 (petition method of qualifying) shall be exempt from the requirement of posting the cash bond, Permitted districts; removal after election. Temporary political signs shall be permitted in all zoning districts, provided that no temporary political sign shall be permitted to remain longer than seven (7) days after the election. If a candidate fails to remove all temporary political signs within the stated time frame, he shall forfeit the refundable cash bond. Signs in residential zoning districts. Each property owner or occupant in residential zoning districts shall be permitted one sign per candidate or ballot issue. The maximum size of any individual temporary political sign shall not exceed 41/2 square feet in area. Signs in other zoning districts. In all other zoning districts, the maximum size of any one temporary political sign shall not exceed eight square feet and the total signable area for temporary political signs located on any single property shall not exceed 32 square feet per property, with a maximum total aggregate signable area per candidate for the entire City not to exceed 32 square feet. Location near easement or street No temporary political sign shall be placed within five (5) feet of any easement of the property upon which the sign is located. No temporary political sign shall be located within ten (10) feet of the edge of the pavement of any street if there is no sidewalk. Temporary political signs shall be located solely on the property side of the sidewalk if there is a sidewalk. Signs on vehicle or machinery. All temporary political signs placed on vehicles or -2- (J) (K) (L) (M) (N) Section 4, (A) (B) Political signs Ord machinery in residentially zoned property, except bumper stickers shall no exceed 4 Y2 square feet and shall be securely fastened to the vehicle in order to ensure that the vehicle is capable offbeing operated in a safe manner upon the roads of the State, Portable signs. Portable temporary political signs, except for those securely fastened to vehicles, defined for purposes of this section as signs not secured to the ground in accordance with Chapter 42 of the South Florida Building Code, as amended, shall not be allowed, Traffic hazards. No temporary political sign shall be located on property in such a manner as to interfere with or present a hazard to the flow of traffic along the streets adjacent to the property upon which the temporary political sign is located, Responsibility for hazards; responsibility for removal of signs. Any individual or entity who posts or causes to be posted a bond pursuant to subsection ( c) of this section, and/or the owner and/or tenant of the property where a temporary political sign is locate, shall be responsible for any hazard to the general public which is caused by, or created by reason of, the installation and/or maintenance of temporary political signs. The candidate shall also be responsible for the prompt removal of such signs, Date of installation. No political sign shall be installed more than 60 days prior to the date of the election which is the subject matter of such sign or more than 60 days prior to a primary election scheduled prior to such election, whichever is earlier. Copy of article to be furnished to candidates. The City Manager or his designee shall furnish a copy of this article to all qualifying candidates, which shall sign and date an acknowledgment of receiving the document. Removal of improper signs. Generally. Any temporary political sign not posted in accordance with the provisions of this Ordinance, and any such sign which exists in violation of this Ordinance, shall be deemed to be public nuisance and shall be subject to removal by the candidate, the property owner or the City. If the City removes the sign as a last resort, the City Manager or his designee shall deduct the cost and expense of removal from the posted cash bond. Emergency removal Notwithstanding subsection (A) of this Section, the City Manager may cause the immediate removal of any sign that constitutes a nuisance or poses an immediate danger to the health, safety or welfare of the community. City personnel may enter onto premises, with or without the property owner's consent, for emergency removal. -3- Section 5, Enforcement: oenalty. Any person who violates any provisions of this Ordinance shall, upon conviction, be punished by a fine not to exceed $500,00, or imprisonment in the County jail not to exceed 60 days, or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate violation. This Ordinance shall be subject to enforcement under Ordinance 98-21 (Code Enforcement Ordinance). Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction. Section 6. Repeal of Conflicting Provisions. Miami-Dade County Code as made applicable by the City by Article 8, Section 8,3 of the City Charter, as may address political signs is hereby repealed to the extent it is in conflict with this Ordinance. Section 7, Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall, for any reason, be held invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 8. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the City of Sunny Isles Beach Code; that the sections of this Ordinance may be renumbered or re-Iettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 9. Effective Date, This Ordinance shall become effective ten (10) days after adoption on second reading, PASSED AND ADOPTED on first reading the 11th day of June, 1998. PASSED AND ADOPTED on second reading this 25' ~a y"< , r ~' ~~ ,', ,I ,>-""- ..;-,. ,i ~ \. ,. 1 , A~TEsr: I J ~~~ f\A~fLl ~Chard Brown-Morilla, City Clerk Political signs Ord. -4- APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~Q - /. .. '--. Lynn M. Dannheisser, City Attorney Vote: Mayor Samson Vice Mayor Turetsky Commissioner Iglesias Commissioner Kauffinan Commissioner Morrow Political signs Ord. 0Yes) J(Yes) -/" (Yes) ~(Xes) -1LCYes) Moved by Vi~~ T~ Seconded by: C~ ... ~ ' "\.A _(No) _(No) _(No) _(No) _(No) -5-