HomeMy WebLinkAboutOrdinance 2002-161
ORDINANCE NO.: 2002-lkl
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AMENDING ORDINANCE NO. 98-24
AND ORDINANCE NO. 2001-146, ESTABLISHING STANDARDS AND
REQUIREMENTS FOR NEWSRACKS LOCATED ON THE PUBLIC
RIGHTS-OF-WAY AND PRIVATE PROPERTY; PROVIDING FOR
PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR
LOCATION AND PLACEMENT OF NEWS RACKS ON PUBLIC AND
PRIVATE PROPERTY; PROVIDING FOR STANDARDS FOR
INSTALLATION, MAINTENANCE AND APPEARANCE OF
NEWSRACKS BY THE CITY; PROVIDING FOR PERMIT AND
CONDITIONS FOR PERMIT; PROVIDING FOR ALLOCATION OF
NEWSRACK; PROVIDING FOR REVOCATION OF PERMITS;
PROVIDING FOR MOUNTING STANDARDS; PROVIDING FOR
APPEAL; PROVIDING FOR ADMINISTRATIVE FEES; DETERMINING
NEWSRACK ABANDONMENT; PROVIDING FOR
INDEMNIFICATION; PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION OF THE CODE AND AN EFFECTIVE DATE.
WHEREAS, the City Commission adopted Ordinance No. 98-24 and Ordinance No.
2001-146, which attempted to address the uncontrolled placement of newsracks in public rights-
of-way which presented an inconvenience and threat to the safety and welfare of persons using
such rights-of-way, including pedestrians, persons entering and leaving buildings, and persons
performing essential utility, traffic control and emergency services; and
WHEREAS, substantial growth in the number of newspaper publications and operators
of newsracks in the City, has produced a significant increase in the number of newsracks
installed in the public rights-of-way; and
WHEREAS, the substantial growth of newsracks within the City limits have caused
considerable concern amongst the public and City officials with regard to safety, convenience
and the aesthetics thereof; and
WHEREAS, the City of Sunny Isles Beach has invested significant funds to beautify the
City since its incorporation, including improvements to facilitate pedestrian and vehicular
circulation; and
WHEREAS, the City has adopted a Streetscape Master Plan and a Comprehensive
Master Plan to improve the visual character of the City, including resources necessary to
improve the character and quality of the public streets for health, safety and welfare purposes;
and
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WHEREAS, the uncontrolled placement of newsracks in public rights-of-way does not
support the investment that the City has made to beautify its infrastructure; and
WHEREAS, the City Commission finds that there is a need to regulate and establish
procedures regarding installation, placement, size, maintenance and appearance of newsracks
within the City as such regulations and procedures will promote the health, safety, aesthetics and
welfare of the citizens and visitors, as well, in supporting the revitalization and development of
the City; and
WHEREAS, the purpose of this Ordinance is to establish a comprehensive set of
regulations applicable to newsracks and the public rights-of-way and on other private property;
and by doing so to advance and improve safety and aesthetics by controlling the Size,
construction, placement and appearance of newsracks; and
WHEREAS, it is not the intent of this Ordinance to in any way discriminate against, or
interfere with the publication, circulation, distribution or decimation of any newspapers within
the City limits.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1.
reference.
Recitals. The recitals set forth hereinabove, are hereby incorporated herein by
Section 2. Purpose. The purpose of the following is to promote the public health, safety and
welfare through the regulation of placement, type, appearance, servicing, and ensurance of
newsracks on public rights-of-way so as to:
(a)
(b)
(c)
(d)
(e)
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Provide for pedestrian and driver safety and convenience.
Restrict unreasonable interference with the flow of pedestrian or vehicular
traffic, including ingress into or egress from any residence or place of
business, or from the street to the sidewalk by person( s) exiting or
entering parked or standing vehicles.
Provide for public and property safety during hurricane conditions.
Provide reasonable access for use and maintenance of poles, posts, traffic
signs or signals, hydrants, mailboxes and access to location use for public
transportation purposes.
Relocate and/or replace newsracks which result in visual blight and/or
excessive space allocation on the public rights-of-way of which
unreasonably detract from the aesthetic of store window displays, adjacent
landscaping and other improvements, as well as to have abandoned
newsracks removed.
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(f) Maintain and protect the values of surrounding properties, and prevent
damage to grass, landscape, and rights-of-way areas.
(g) Reduce unnecessary exposure of the public to personal injury or property
damage.
(h) Treat all newspapers equally, regardless of space size, content, circulation,
or frequency of publication.
(i) Maintain and preserve freedom of the press.
(j) Establish comprehensive regulations applicable to newsracks in public
and private rights-of-way and on public and private property in a manner
that advances and improves safety and aesthetics by controlling the size,
construction and appearance of newsracks.
Section 3. Definitions. The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning.
(a)
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Abandoned - means any newsrack which remains empty for a period as
provided for herein, whether otherwise in good condition or not, or any
newsrack upon which no responsible contact persons, address and
telephone number has been posted. A newsrack identified as abandoned,
shall be posted as such for a thirty (30) working day period. If the
abandonment has not been remedied, the newsrack shall be removed and
disposed of in any manner provided for herein.
(b)
Advertisement Circular - means any publication that contains only
advertising and no news reports.
(c)
Building Code of Jurisdiction - means the South Florida Building Code
or any successor applicable building code.
(d)
City Manager - means the City Manager of the City of Sunny Isles
Beach or his/her designee.
(e)
Commercial Rack - means any container, rack, storage unit or other
dispensers installed, used or maintained for the display or distribution of
publication that advertise, offer or to promote products or sales, without
predominant news, content, such as real estate listing, vehicles or products
for sale, business or service promotions, or commercial flyers.
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(t)
(g)
(h)
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Director of Code Enforcement and Licensing - means the Department
Director for Code Enforcement of the City of Sunny Isles Beach or his/her
designee.
Distributor - means persons responsible for placing and maintaining
newsracks in a public right-of-way of the City.
Intersecting Side Street - means a street intersecting a pedestrian priority
street, or a street intersecting that street, which serves a pedestrian-
intensive area, which has less intensive usage by a pedestrian.
(i)
Modular Newsrack - means a connected grouping of two to eighteen (2
to 18) pockets which may be placed on a pedestal bolted to a paved
surface, or be bolted directly to the paved surface which is installed or
used for the display, sale or distribution of newspapers, news periodicals
or advertising circulars.
(j)
Moveable Fixture - means any newsrack, bench, waste receptacle or
other non-attached fixture excepting any sign.
(k)
Newspaper - a typical daily or weekly publication containing recent
news, current events and feature articles, editorials and advertising.
(1)
Newsrack - means any self-service or coin operated box, container,
storage unit for all other dispenser installed, used, or maintained for the
display and sale of newspapers or other news periodicals or advertising
circulars.
(m)
Newsrack Enhancement Areas - means those designated locations
within the City where individual newsracks are not permitted on rights of
ways.
(n)
On-Street Parking Area - means those portions of roadway directly
adjacent to a curb or sidewalk where motorized vehicular parking is
permitted at all times during specified hours.
(0)
Publishing Entity - means the person or any other legal entity owning a
newsrack in a public right-of-way. The terms "Publishing Entity",
"Responsible Entity", "Owner or Publisher" shall be used conjunctively
throughout this article, and shall apply jointly and severally to those
owning or maintaining the newsrack in a public right-of-way.
(p)
Pedestrian-Intensive Area or Pedestrian Priority Street - Those
corridors where intensive pedestrian activity exists or is planned to occur
as the result of public investments such as park and beach of land
acquisition, widened sidewalks, decorative crosswalks and special
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(q)
(r)
Section 4.
pedestrian signalization, or as a result of private investment in
predominantly ground floor retail or restaurant land uses, sidewalk, cafes,
public plazas and sidewalks, awnings or continuous street trees,
greenways, bike paths or pedestrian paths. The following such areas are
identified:
(1 ) Collins Avenue
(2) Sunny Isles Boulevard
(3) North Bay Road
(4) 174thStreet
Public Agency - means the City, County, State or Federal Government.
Public Property - means parks, rights-of-way, squares, plazas and any
and all of the real property owned by the public, any governmental
agency, or the City, streets, roadways, rights-of-way and public easement.
(s)
Public Right-of-Way - means a strip of land dedicated to public use or
otherwise owned by a public agency for public purposes, and shall
include, but not be limited to roadways, squares, bike paths and sidewalks.
(t)
Roadway - means the portion of a street or highway, including swales
and shoulders for the intended use of vehicles.
(u)
Site Triangle - means the distance of a safe site triangle as described by
~33-11 of the Code of Miami-Dade County as adopted by ~8.38 of the
Charter of the City of Sunny Isles Beach and more specifically, defined as
260'L. and 40'R. on an arterial street or 190'L. and 40'R. on a local street,
the site triangle is O'L and O'R. of the right-of-way on a collector street
from the centerline of any street that is not signalized.
Location and Placement of Newsracks.
(A) Any newsrack which rests in whole or in part upon, or any portion of a public right-of-
way, or which projects onto, into or over any part of a public right-of-way, shall be located in
accordance with the provisions of this section:
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(a)
No newsrack shall be used or maintained which projects onto, into or over
any part of the roadway, bikeway or on street parking areas of a public
street.
(b)
No newsrack shall be chained to a tree, to landscaping material, or to a
mailbox or similar facility.
(c)
Newsracks shall not be physically attached, chained or bolted to any
frame structure, inlet pipe, or other physical object meant to carry water
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for draining purposes, to a utility pole; or placed upon any manhole cover;
to or placed upon any water meter and/or water meter box; to traffic
signals or traffic signs; to a bench; or to any other City-owned fixture.
(d) No newsrack shall be placed, installed, used or maintained:
(i) On any sidewalk or pedestrian path, or on a pedestrian-
priority corridor or pedestrian-intensive area, where such
placement will result in less than five (5) feet of clear area for
pedestrian usage, measured from the face of the curb inward;
or
(ii) Within ten (10) feet of any marked crosswalk.
(B) When in compliance with all the other provisions of this Ordinance, newsracks may only
be placed at the following locations:
(a) On sidewalks or improved pedestrian paths of intersecting side streets, but
not within a site triangle, excepting that where a building already
protrudes into the site triangle, newsracks may be placed flush with the
building and set back from the building line sufficiently to avoid further
intrusion into the line-of-site.
(b) On sidewalks or improved pedestrian paths of intersecting side streets, and
within a site triangle, if the newsracks do not exceed thirty (30) inches in
height.
(c) On sidewalks or pedestrian-priority areas or pedestrian-intensive areas
where a five (5) foot clear sidewalk can be maintained.
(d) Not more than one newsrack per publication containing the same issue or
edition of the same publication shall be located on the same side of the
street within 300 feet of the same publication. Provided, however, a
distributor may locate newsracks in excess of this limitation bv
demonstrating a public need for additional newsracks.
(C) Subject to the criteria set forth in Section 5 below, newsracks may be placed on privately
owned property with the consent of the property owner, in compliance with the provisions of
these regulations.
Section 5. Standards for Installation. Maintenance and Aooearance. Newsracks, which
in whole or in part rest upon, in or over any public sidewalk or any public pedestrian path, shall
comply with the following standards:
(a)
The City shall install newsracks placed or maintained on the public rights-
of-way, sidewalk, pedestrian path or any other public property. The
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publishing entities shall be responsible for installing and maintaining
newsracks located on private property. Newsracks located on the public
rights-of-way, public property or private property shall meet the following
criteria:
(i) No individual newsrack unit shall exceed four (4) feet, six (6)
inches in height, forty (40) inches in width, twenty-four (24)
inches depth. Modular newsracks may not exceed sixty (60)
inches in height. The height of the handles and coin
mechanism shall not exceed forty-eight (48) inches from the
base of any newsrack or modular newsrack.
(ii) Individual newsracks or modular newsracks shall be black in
color, as approved by the City, exclusive of windows. The
design of the newsrack shall be identical to the design
contained in the Sunny Isles Beach Streetscape Master Plan.
(b) The City shall be responsible for maintaining the newsracks that it has
installed on the public rights-of-way. Newsracks shall be maintained in
the following manner:
(i) Coin operated newsracks shall be equipped with a coin-return
mechanism, maintained in good working order at all times, to
permit customers to secure an immediate refund if newsrack is
not operational.
(ii) Each newsrack, whether modular or not, shall be maintained in
a neat, clean condition, and in good repair at all times.
Specifically, but without limiting the generality of the
foregoing, each newsrack shall be serviced and maintained so
that:
(1)
(2)
(3)
(4)
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It is free of graffiti. All graffiti shall be corrected
within seven (7) working days' notice by the City
that graffiti exists, or news rack shall be removed
and disposed of in the manner as provided herein;
It is reasonably free of dirt and grease.
It is reasonably free of chipped, faded, pealing
and/or cracked paint.
It is reasonably free of rust and/or corrosion.
(5)
Clear plastic or glass parts there are, if any, through
which the publication therein are viewed, are
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unbroken and reasonably free of cracks, dents,
blemishes and discoloration; all such conditions
shall be remedied within fifteen (15) working days'
notice by the City, or newsrack shall be removed
and disposed of in a manner as provided for herein.
(6) The exterior of any newsrack shall not be used for
advertising purposes, and shall display only the
name of the publishing entity and/or publication.
(7) The name, address and telephone number of a
responsible person who the City may contact for
notification purposes, shall be permanently
displayed or labeled on each newsrack. Failure to
post such information within thirty (30) days of the
effective date of this Ordinance shall be deemed
abandonment of the newsrack. Abandoned
newsracks shall be posted for a period of thirty (30)
days, and removed and disposed of in the manner
provided for herein, if not corrected at the end of
such posting.
(8) The surrounding area upon which the newsrack is
placed, will also be maintained in a neat and orderly
condition.
Section 6. Permit and Conditions for Permits. It is unlawful for any person or publishing
entity, absent a specific license agreement with the City, to place, affix, erect, construct, operate
or maintain any newsracks in the public right-of-way, without first obtaining a permit from the
City.
(a) A publishing entity or any person may obtain a permit from the City by
filing a permit application with the City, on a form to be provided by the
City. An application for a permit shall include the following information:
(i)
The name, address and telephone number of the applicant or
publishing entity; and
(ii)
The name, address and telephone number of a responsible
person whom the City may notify or contact at any time
concerning the application or newsracks located in a public
rights-of-way; and
(iii)
A brief description of the name of the publication to be
distributed, if applicable and the frequency of the publication;
and
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(iv) The number of individual newsracks that the applicant
currently has in the City and a map or diagram depicting the
precise locations of all existing newsracks that the applicant
has at the time of the filing of this application
(v) A one-time permit fee of seventy-five dollars ($75.00) IS
required with each application for permit.
(vi) The location(s) that the applicant is requesting to operate or
install newsracks. One permit may be issued to include any
number of locations.
(b) Upon the submission of a permit application, the City Manager. or his
designee, shall review and approve or deny the application. If denial is
based on unavailability of locations, the applicant may be given an
alternate location. The City Manager. or his designee. shall be guided
therein solely by the standards and criteria set forth in this Ordinance in
approving locations of newsracks. In any case where the City Manager.
or his designee, disapproves of a particular location, such disapproval
shall be without prejudice to the applicant. The permit application shall
be reviewed under the following conditions:
(i) All permit applications shall be reviewed within fifteen (15)
days by the City Manager or his designee.
(ii) Renewal of permits shall not be required unless applicant fails
to comply with the requirements of this Ordinance.
(iii) If a permit application is denied, the applicant shall be notified
within fifteen (15) days of the City's receipt of the completed
application.
(iv) Permits are personal and not transferable in any manner to
other locations or applicants.
Section 7. Allocation of Newsracks. The allocation of newsracks or locations on the
public rights-of-way shall be based on the following priority criteria:
(a)
First priority shall be given to newspapers of general circulation that are
published at least five (5) times per week.
(c)
Second priority shall be given to publications published less frequently
than five (5) times per week, with news and editorial content as a primary
purpose of the publication.
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(d) Third priority shall be given to commercial racks.
(e) Fourth priority shall be given to publications that have had difficulty
obtaining a site within three (3) city blocks due to the unavailability of
space.
(f) Fifth priority shall be given to any second rack of a publication that
already has a first rack within a group of six (6) subject to available space.
Section 8. Revocation of Permits. In the event that the City Manager or his designee
determines that a publishing entity is not in compliance with this Ordinance, a letter or a written
statement shall promptly be provided to the publishing entity specifying the reasons for non-
compliance. The publishing entity shall have thirty (30) days to comply with this Ordinance.
Failure to comply shall result in the revocation of the permit issued for the noncompliant
newsrack.
Section 9.
Newsrack Mountine: Standards.
(A) Every newsrack located on public and private rights-of-way, publicly and privately rights-
of-way, publicly owned property, or within the fifty (50)- foot setback on private property, shall
be installed level and plumb on a hard surface. Every newsrack on a single pedestal or a
multiple post shall be securely bolted to a level, concrete base set in the ground. Each newsrack
shall be constructed, installed and maintained in a safe and secure condition.
(B) Any damage to public property or public right-of-way at the time of installation or
removal of a newsrack shall be the responsibility of the newspaper publisher. Upon removal of
the newsrack, the newspaper publisher shall be responsible for restoring the property surface to
its pre-installation condition, subject to reasonable wear and tear.
(C) With the approval of the City Manager or his designee, newspaper publishers may use
other methods to secure the newsrack to the concrete base set in the ground.
Section 10. Appeal. Any person or entity aggrieved by a finding, determination, notice, order
or action taken under the provisions of this Ordinance may appeal to the City Commission by
filing a written request to the City Manager. The City Manager or his designee shall place the
appeal on the agenda of a City Commission meeting scheduled to take place within thirty (30)
days from the date of filing the appeal. If the City Commission so determines, it shall direct that
the publishing entity has complied with this Ordinance, or it may grant a waiver for good cause
shown. Any publishing entity whose appeal to the City Commission has been unsuccessful shall
be entitled to recourse in the Circuit Court of the Eleventh Circuit.
Section 11. Administrative Fees. An annual administrative fee of thirty dollars ($30.00) per
newsrack shall be paid for each newsrack, located on public or private property, to defray the
cost of administering and enforcing the provisions hereof. Administrative fee is due upon filing
a permit application.
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Section 12. Abandonment of Newsrack. In the event that a newsrack remains empty for a
period of thirty (30) continuous days, the newsrack shall be deemed abandoned, and the City
shall allocate the abandoned newsrack in accordance with provisions of this Ordinance. In the
event that a publishing entity desires to voluntarily abandon a newsrack location, the publishing
entity shall notify the City Manager in writing of the intent to abandon the location.
Section 13. Indemnification of City. Every owner of a newsrack, who places or maintains a
newsrack on a public sidewalk or parkway in the City, shall file a written statement with the City
Manager in a form satisfactory to the City Attorney, whereby such owner agrees to indemnify
and hold harmless the City and its officers and employees from any loss, liability or damage,
including expenses and costs, for bodily or personal injury and for property damage sustained by
any person as a result of the installation, use and/or maintenance of a newsrack within the City.
This section shall only be applicable to the same extent required by the City for other public
right-of-way permittees.
Section 14. Repeal of Conflictine: Provisions. Ordinance No. 98-24 is hereby repealed and
all other Ordinances or parts thereof in conflict herewith are hereby repealed.
Section 15. Severability. The provisions ofthis Ordinance are declared to be severable and if
any section, sentence, clause or phrase of this Ordinance shall, for any reason, be held to be
invalid or unconstitutional, such decision shall not affect the validity of the remaining sections,
sentences, clauses and phrases of this Ordinance but shall remain in effect, it being the
legislative intent and that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 16. Inclusion in the Code. It is the intention of the City Commission of the City of
Sunny Isles Beach, that the provisions of this Ordinance shall become and be made part of the
City of Sunny Isles Beach Code of Ordinances.
Section 17. Effective Date. This Ordinance shall be effective ten (10) days after adoption on
second reading.
PASSED AND ADOPTED on first reading the I O\~ day of September, 2002.
PASSED AND ADOPTED on second reading this \"\)~ day
,2002.
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Motion on second reading by: COh\h'\\~SI01\) te. ~6~r'f\AfJ
Second on second reading by: LOl-f\~\ ~S.l Ol\Jua E-huc.uf
VOTE: 5-0
Mayor David Samson
Vice Mayor Danny Iglesias
Commissioner Norman S. Edelcup
Commissioner Gerry Goodman
Commissioner Lila Kauffman
(yes) v
(yes) t,...-'
(yes) v
(yes) V""
(yes) V
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(no)_
(no)_
(no)_
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