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HomeMy WebLinkAboutOrdinance 98-55 ORDINANCE NO. 98- 55 - AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 33, ZONING ARTICLE VI, *SIGNS, * WITH RESPECT TO FURTHER PROHIBITED SIGNS AND ENFORCEMENT REGULATIONS AMENDING SECTION 33-95 TO INCLUDE THE ISSUANCE OF CITATIONS BY THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEALER; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article VI, * Signs, * Chapter 33, Zoning ofthe Code of Miami-Dade County as adopted by the City of Sunny Isles Beach pursuant to Section 8.3 of its City Charter is, in some respects, inadequate for enforcement purposes; and WHEREAS, Article VI, *Signs* fails to include a prohibition on bumper style stickers and commensurate enforcement regulations; and WHEREAS, the City of Sunny Isles Beach finds such signs a visually and aesthetically unpleasing, and their placement, particularly on traffic signs and traffic control devices, create a health, safety, welfare hazard with respect to such signs and wishes to address this issue; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Section 33-95 Prohibited Signs is amended to include: " (k) No bumper-style sticker sign shall be affixed to any other sign, traffic control device at any location, ingress or egress or in any public or private right-of-way, roadway or driveway. No permit shall issue for same." Section 2. Section 33-92 Responsibilities for Sign is amended to add the following: " (b) The owner and/or tenant and or benefactor ofthe premises advertised as well as the owner and/or erector of the sign, if different, shall be held responsible of any violation of this Chapter." Signs & Enforcement Ord. -1- Section 3. Section 33-121.16 Penalty shall be amended with respect to all sign violations to read as follows: Ally person violating &lj of the provisions of this division shall be punished by a fine not to exceed five hUlldted dolla.IS ($500.00) or by imprisonment in the County Jail foI a period not to exceed sixty (60) days, or by both such fine and imprisonment, in the discretion of the County COUlt. Any continuing violations of the provisions of this di v ision may be enjoined and restrained by injunctive order of the Circuit Court ill appropriate proceedings instituted for such purpose. (A) Any person violating any provisions ofthis division shall be punished by a fine not to exceed five hundred ($500.00) dollars or by imprisonment in the county jail for a period not to exceed sixty (60) days or by both such fine and imprisonment in the discretion of the Special Master in accordance with Ordinance No. 98-21 as may be amended or replaced as the Code Enforcement Ordinance. (B) With respect to the removal of signs, the Building Official shall have the authority upon two weeks notice, to remove any sign that is not properly located or maintained without notice if the sign is found to constitute a danger to human life or encroaches on public right-of- way. In the event the removal of such sign pertaining to this section, owner/lessee ofthe premises advertised shall bear the cost of removal in addition to all other penalties. Section 4. Repealer. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 5. Severability. If any section, subsection, clause or provision of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be affected by such invalidity. Section 6. Codification. 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 ofthe City of Sunny Isles Beach Code. Sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Signs & Enforcement Ord, -2- Section 7. Effective Date. This Ordinance shall take effect ten (10) days after adoption on second reading. PASSED AND ADOPTED on first reading the 12th day of November, 1998. PASSED AND ADOPTED on second reading this r=\' ~ay of ~ , 1998. ...l J , ATTEST: -,: . ,.' ' . , , j i.'; ~ " . '''''' " ~~~~ Richard Brown-Morilla, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Moved by: ~I~ ~0YrW Secondedby:~~ !kOD~ r VOTE: 5-0 Mayor David Samson Vice Mayor Irving Turetsky Commissioner Lila Kauffman Commissioner Daniel Iglesias Commissioner Connie Morrow (yes) ~ (yes) V (yes) -1L (yes) --4 (yes) -1L- (no)_ (no)_ (no)_ (no)_ (no)_ Signs & Enforcement Ord. -3-