HomeMy WebLinkAboutOrdinance 98-38
ORDINANCE NO. 98- ~ ci
AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,
PERTAINING TO THE ELIMINATION OF HANDBILLS AND MAKING IT
UNLAWFUL TO KNOWINGLY PERMIT OR EMPLOY ANY PERSON TO
PLACE ANY HANDBILL ON ANY MOTOR VEHICLE IN A PUBLIC
STREET, HIGHWAY, PARKING LOT OR PLACE; PROVIDING FOR
DEFINITION; PROVIDING FOR ENFORCEMENT AND PENALTIES;
PROVIDING FOR THE APPLICABILITY OF PROCEDURES OF THE
CODE ENFORCEMENT ORDINANCE NO. 98-21; PROVIDING FOR
SEVERABILITY; PROVIDING FOR A REPEALER AND AN EFFECTIVE
DATE.
WHEREAS, residents and business operators in the City of Sunny Isles Beach have
expressed their concern over the proliferation of handbills placed upon vehicles parked or standing
in public streets and public parking lots; and
WHEREAS, handbills placed on vehicles parked or standing in public streets or parking lots
create visual clutter and frequently become litter and create safety hazards for pedestrians and
vehicular traffic; and
WHEREAS, an increasing number of businesses, organizations and individuals are
employing persons to place handbills on motor vehicles in public streets and parking lots; and
WHEREAS, it is necessary to amend regulations pertaining to distribution of handbills on
private property in keeping with current judicial interpretations of first amendment rights;
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 "Elimination of Handbills Ordinance" and
shall be an amendment to the City's Code of Ordinances.
Section 2.
Definitions. For purposes of this Ordinance, the following words shall have the
Handbill Ordinance
-1-
following meanings:
(a) Handbill, means any handbill, dodger, circular, folder, booklet, letter, card, pamphlet,
sheet, poster, sticker, banner, notice or other written, printed or painted matter circulated to attract
the attention of the public, whether commercial or non-commercial.
(b) Motor Vehicle, shall mean every self-propelled device in, upon or by which any
person or property is or may be transported or drawn upon a public right-of-way, excepting
devices moved by human power or exclusively upon rails or tracks.
(c) Offense, shall mean either an uncontested notice of violation issued by a code
inspector or a finding of violation by a Special Master.
(d) Person, shall mean any individual, trust, labor union, partnership, limited partnership,
corporation or other business entity.
(e) Public Parking Lot, shall mean a parking area which is open for motor vehicle parking
for use by members of the public for a fee or change. It may be metered or attendant or valet
operated.
Section 3. Distributing on premises of another - when prohibited. It shall be unlawful for any
person to distribute or place any handbills upon the premises of another if requested orally or in
writing not to do so by the owner or manager of such premises or if forbidden to do so by an
appropriate sign posted in a conspicuous place on such premises,
Section 4. Placing on motor vehicles - prohibited.
(a) It shall be unlawful for any person to distribute or place any handbill on any motor
vehicle by any means whatsoever, when such motor vehicle is parked, standing, stopped or located
in a public street, highway, parking lot or place.
Handbill Ordinance
-2-
(b) It shall be unlawful bor any person to knowingly authorize or employ any person to
distribute or place any handbill on any motor vehicle by any means whatsoever, when such motor
vehicle is parked, standing, stopped or located in a public street, highway, parking lot or place,
Section 5.
Enforcement: penalties.
(a)
Enforcement by code inspectors; notice of violation. If a Code Enforcement
Officer as defined in Ordinance No. 98-21 of the Sunny Isles Beach Code finds a violation of this
Ordinance, said Officer shall issue a notice of violation to the violator as provided therein. All
procedures of Ordinance No. 98-21 shall be followed.
(b) Civil fines for violators. The following civil fines shall be imposed for each violation
of this Ordinance:
1.
First offence
$50,
2.
Second offence
(within one year of the first offence)
$250.
3.
Third offence/additional offences
(within one year of the first offence)
$500.
Section 6,
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 7.
Repealer. All Ordinances or parts of Ordinances in conflict herewith be and the same
are hereby repealed.
Handbill Ordinance
-3-
Section 8.
Effective Date. This Ordinance shall take effect ten (10) days after its adoption at
second reading.
PASSED AND ADOPTED on first reading the 11 tit day of June, 1998.
.1#." .' ft~ED AND ADOPTED on second reading this "2.5'" ~da
= ~..'~ t'".~. \"',-- -
> -I J; , ., ~ 1"..,
',' .,;"T":t .
. '\ . ; - ~ ...
. : ~ '~'~", , -" . ~
/ '~
.. ~. ~\
. ~ ... "
j~-
." I', 10, '-
'. "'1lT;fl~~.: '
, i' ~
~>>l \.' .
~e-W~~~
Richard Brown-Morilla, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
M. Dannheisser, City Attorney
Moved by: C~(M).-
Seconded by: ~~
Vote:
Mayor Samson
Vice Mayor Turetsky
Commissioner Iglesias
Commis~onerKauflInan
Commissioner Morrow
~es)
(Yes)
V(Yes)
L(Yes)
2(Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
HBndbill Ordinance
-4-