HomeMy WebLinkAboutOrdinance 2006-259
ORDINANCE NO. 2006- ~5 9
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF SUNNY ISLES BEACH, FLORIDA,
ADDRESSING GRAFFITI ON PUBLIC AND PRIV ATE
PROPERTY WITHIN THE CITY LIMITS; DEFINING
GRAFFITI AND ESTABLISHING CRITERIA FOR THE
PROHIBITION AND REMOV AL OF GRAFFITI;
PROVIDING FOR PENALTIES AND ENFORCEMENT,
EXEMPTION AND RESTITUTION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEALER;
PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, establishing measures that prohibit Graffiti and providing for restitution are
essential to the protection of the environment of our community; and
WHEREAS, the procedures outlined in this Ordinance are intended to discourage the
surfacing of Graffiti prior to becoming a nuisance in the City of Sunny Isles Beach.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified
and confirmed as being true and correct and are hereby made a specific part by this ordinance
upon adoption hereof.
Section 2. Purpose and Intent. The City Commission of the City of Sunny Isles Beach finds,
determines, and declares that Graffiti is prohibited within the City limits. This Ordinance shall
be applicable tlu'oughout the City of Sunny Isles Beach.
Section 3. Definitions. The following words, terms and phrases, when used in this article,
shall have the following meanings:
(a) Graffiti means writings, drawings, inscriptions, figures or marks of paint, ink, chalk,
dye or other similar substances on public or private buildings, structures or places
which are not authorized by the propeliy owner or possessor or which are not
permitted under the city's codes and ordinances. Graffiti shall include any form of
drawings, writings, marking or inscriptions regardless of the content or the nature of
materials used in the commission of the act.
(b) Violator means any and all persons who commits the act of placing Graffiti within
the City limits, as prohibited by this Code.
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(c) Owner means any and all persons with legal and/or equitable title to a property in the
City, as reflected by name and address in the records of the Miami-Dade County
Appraiser.
Section 4. Prohibition of Graffiti. It shall be unlawful for any person to write, paint,
inscribe, scratch, scrawl, spray, place or draw Graffiti of any type on any public or private
building, structure or any other real or personal property. The Code and Licensing Depmiment
and Police Department are responsible for enforcing this ordinance.
Section 5. Notice to Remove Graffiti. Whenever the City becomes aware of the existence of
Graffiti on any property, the City Manager or his designee shall give or cause to be given,
written notice to remove or effectively obscure such Graffiti to the propeliy owner, such propeIiy
owner's agent or manager, or any other person in possession or control of the property.
Section 6. Owner Required to Remove Graffiti. Any person owning propelty, acting as a
manager or agent for the owner of property, or in possession or control of propeliy shall remove
or effectively obscure any Graffiti upon such propeliy within fomieen (14) days from receipt of
the notice from the City.
Section 7.
Penalty and Enforcement.
(a) Penalty against Violator. It is unlawful to violate any prOVISiOn of this Code.
Anyone found guilty of violating this Code by placing Graffiti on a structure or property
without the owner's consent, by a Special Master or a comi of competent jurisdiction,
shall be subject to imprisonment for a term not to exceed sixty (60) days or make
restitution to the owner of the propeliy where the Graffiti has been placed, or both. The
Police Depmiment may mTest the violator by issuing a Notice to Appear. Where a minor
is found to have violated the prohibition of this Section, the restitution imposed by this
section upon a finding of guilt shall be assessed against the minor and such minor's
parents or legal guardians.
(b) Penalty against Owner. If the person owning such property, acting as manager or
agent for the owner of such property, or in possession or control of such property fails to
remove or effectively obscure the Graffiti within 14 business days from receipt of the
notice described in this section, the Owner may be punished by a fine of not less than
$250.00 for the first offense and $500.00 for the second offense and continuing offenses.
In deciding whether the propeliy owner is a repeat violator, the Special Master or court
may consider the effOlis taken by the violator, if any, to remove or effectively obscure the
Graffiti in a timely manner and how often the violator has been victimized by Graffiti
during the preceding calendar year. The fine may be waived if the property owner, agent,
manager, or possessor has been victimized two or more times by Graffiti within any
calendar year, and during such time, has removed or effectively obscured such Graffiti
from the propeliy in a timely manner.
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(d) Costs or Fines. If the propeliy owner, manager, agent or person in possession or
control of the propeliy fails to remove the Graffiti or effectively obscure same in a
timely manner after receipt of notice from the City, the City may cause the Graffiti to
be removed or effectively obscured and charge the propeliy owner, or the property
owner's manager or agent or the person in possession or control of such property, for
the expenses incuned by the City. The City may initiate legal proceedings in a comi
of competent jurisdiction to recover all expenses, which expenses shall include but
are not limited to all administrative personnel costs, attorney's fees and costs related
to enforcing this division and collecting such expenses; and/or the City may record a
lien in the public records of Miami-Dade County which lien shall be for all expenses,
including but not limited to attorney's fees and costs related to enforcing this Code
Section, and may be enforced as other liens may be enforced by the City.
( e) Emergency Removal by the City. If the City Manager determines that any Graffiti is a
danger to the health, safety or welfare of the public and is unable to provide notice by
personal service after at least two attempts to do so, then 48 hours after the later of (1)
the mailing of the notice described herein by certified and first class mail to the
person owning the propeliy, acting as agent or manager for the owner of such
propeliy, and (2) the posting of the notice in a conspicuous place on the property, the
City may remove or cause the Graffiti to be removed at its expense. In no case shall
the City paint or repair any more extensive area than that where the Graffiti is located.
The City shall not be required to restore the obscured area to its original condition
(i.e. color, texture, etc.).
Section 8. Exemption. This atiicle shall not be construed to prohibit temporary, easily
removable chalk or other water soluble markings on public or private sidewalks, streets or other
paved surfaces which are used in connection with traditional children's activities, such as
drawing or bases for stickball, kickball or handball, hopscotch and the like nor temporary, easily
removable chalk or other water soluble markings used in connection with any lawful business or
public purposes or activity.
Section 9. 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 to be
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 patio
Section 10. Repealer. All ordinances or part of ordinances in conflict herewith be and the
same are hereby repealed.
Section 11. Inclusion in the Code. It is the intention of the Commission, and it is hereby
ordained, that the provisions of this ordinance shall become and be made a part of the code of the
City of Sunny Isles Beach, Florida; and that the sections of this ordinance may be renumbered or
relettered to accomplish such intentions; and that the word "ordinance" shall be changed to
"section" or other appropriate word, as required.
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Section 12. Effective Date. This Ordinance shall become effective ten (10) days after
adoption on second reading.
PASSED and ADOPTED on first reading the I e~ day of YY\~, 2006.
PASSED and ADOPTED on second reading the I S+k day of,-~ulV\JL ,2006.
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r.', '.' ']cine A. 'Hines, 6'MC, City Clerk
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Moved by: Co)'\'\)IY'\\ Ss.\a1\,)~ lH A-L~R.
Seconded by: ~DW\l'Y\\~S.IDtUf.(R. Goo~ml'\-N
Vote: '5- b
Mayor Edelcup
Vice Mayor Brezin
Commissioner Goodman
Commissioner Iglesias
Commissioner Thaler
v (Yes)
V (Yes)
-V (Yes)
V ( Yes)
jL (Yes)
_(No)
_(No)
(No)
_(No)
_(No)
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CITY OF SUNNY ISLES BEACH
NOTICE OF PUBLIC HEARINGS
330/0 OFF
for the 1st 3 months
NOTICE IS HEREBY GIVEN that public hearings will be held by the City Commission of the City of Sunny
Isles Beach, Florida, in the Sunny Isles Beach Government Center, David P. Samson Commission
Chambers, 18070 Coilins Avenue. Sunny Isles Beach, on Thursday, June 15, 2006, at 7:30 p.m., to
consider final adoption of the following proposed Ordinances:
Restrictions Apply
AN ORDINANCE OF THE CllY COMMISSION OF THE CllY OF SUNNY ISLES BEACH, FLORIDA,
MANDATING THAT OWNERS ANO OPERATORS OF FOOD STORES INCLUDING PHARMACIES
LOCATED IN THE CITY OF SUNNY ISLES BEACH HAVE ALTERNATE ENERGY SOURCES, SUCH
AS EMERGENCY GENERATORS, WITH SUFFICIENT ELECTRICAL CHARGE TO ENSURE THE
UNINTERRUPTED SUPPLY OF POWER DURING A DECLARED STATE OF EMERGENCY;
ESTABLISHING DEFINITIONS; PROVIDING FOR APPROVAL BY THE CllY MANAGER; PROVIDING FOR
EXEMPTIONS FOR LIMITED PERIODS; ESTABLISHING PENALTIES AND ENFORCEMENT
PROCEDURES; PROVIDING FOR SEVERABILllY; PROVIDING FOR REPEALER; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE CllY COMMISSION OF THE CllY OF SUNNY ISLES BEACH, FLORIDA,
MANDATING THAT OWNERS AND OPERATORS OF HIGH-RISE BUILDINGS WITH A TOTAL
HEIGHT OF 75-FEET OR HIGHER LOCATED IN THE CITY OF SUNNY ISLES BEACH HAVE
ALTERNATE ENERGY SOURCES, INCLUDING EMERGENCY GENERATORS, WITH SUFFICIENT
ELECTRICAL CHARGE TO OPERATE AT LEAST ONE (1) ELEVATOR UNIT WITHIN EACH
BUILDING DURING A DECLARED STATE OF EMERGENCY; ESTABLISHING DEFINITIONS;
PROVIDING FOR APPLlCABILllY; PROVIDING FOR PENALTIES AND ENFORCEMENT PROCEDURES;
PROVIDING FOR SEVERABILllY; PROVIDING FOR REPEALER; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE,
AN ORDINANCE OF THE CllY COMMISSION OF THE CllY OF SUNNY ISLES BEACH, FLORIDA,
ADDRESSING GRAFFITI ON PUBLIC AND PRIVATE PROPERTY WITHIN THE CllY LIMITS;
DEFINING GRAFFITI AND ESTABLISHING CRITERIA FOR THE PROHIBITION AND REMOVAL OF
GRAFFITI; PROVIDING FOR PENALTIES AND ENFORCEMENT, EXEMPTION AND RESTITUTION;
PROVIDING FOR SEVERABILllY; PROVIDING FOR REPEALER; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
Inquiries regarding these items may be directed to the City Clerk at 305,947,0606. Copies of these
documents are available for public inspection during normal business hours in City Hall.
Jane A, Hines, CMC, City Clerk
Al] persons are invited to appear at this meeting or be represented by an agent, or to express their views in writing addressed to the
City Commission rio the City Clerk, City 01 Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida, 33160. lVIy person
wishing 10 address the City Commission at a public hearing is asked to register with the City Clerk by completing a public speakers'
card prior to the item being heard. The hearings on these matters may be continued atlhis meeting and under such circumstances,
additional legal notice would not be provided. ]f a person decides to appeal any decision made by the City Commission with respect
to any matter considered at such meeling, they will need a record of the proceedings and, for such purpose, may need to ensure that
a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which Ihe appeal is to be
based. This notice does not constitute consenl by the City lor introduction or admission of otherwise inadmissible or irrelevant
evidence, nor does it authorize challenges or appealS not otherwise allowed by law.
In accordance with the Americans wilh Disabilities Act, all persons who are disabled and who need special accommodations 10
participate in this meeting because of that disability should conlact the City Manager at 305-947-0606, no later than 48 hours prior
to the proceedings; if hearing impaired, please telephone the TTY line at 305- 792-1590 lor assislance.
TO:
VIA:
FROM:
DATE:
RE:
City of Sunny Isles Beach
] 8070 Collins Avenue
Sunny Isles Beach, Florida 33160
City Commission
Norman S. Edelcup, Mayor
Roslyn Brezin, Vice Mayor
Ger'1' Goodman. Commissioner
Danny Iglesias, Commissioner
Lewis J. Thaler, Commissioner
(305) 947-0606 City Hall
(305) 949-3 II 3 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
A. John Szerlag, City Manager
Hans Ottinot, City Allorney
Jane A. Hines, City Clerk
Memorandum
The Honorable City Commission
A. John Szerlag, City Manager
Robert C. Solera / Building Department Assistant Administrator
Code Enforcement and Licensing Director
May 18, 2006
Graffiti Ordinance
RECOMMENDATION:
It is recommended that the City Commission approve the attached Graffiti Ordinance.
REASON (S):
The City of Sunny Isles Beach does not have a Graffiti Ordinance of its own, only
Chapter 21 of the Miami Dade County Code as adopted. The Code Enforcement and
Licensing Department feels that this Ordinance will provide an enforcement tool
responsive to the needs of our community.
R CS: rs
Attachment
Agenda Item 9 C-
Date 10- {S-~ O~J
City of Sunny Isles Beach
18070 Collins A venue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3 I I 3 Fax
(305) 947-2150 Building Department
(305) 947-5 107 Fax
City Commission
Norman S. Edelcup, Mayor
Roslyn Brezin, Vice Mayor
Gerry Goodman. Commissioner
Danny Iglesias, Commissioner
Lewis J. Thaler, Commissioner
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, City Clerk
MEMORANDUM
TO: Robert Solera, Code Enforcement & Licensing Department Director
FROM:
DATE:
RE:
Jane A. Hines, CMC, City Clerk
~I\~
June 20, 2006
Ordinance Addressing Graffiti
At its regular meeting of June 15, 2006, the City Commission adopted Ordinance No. 2006-
259, addressing graffiti on public and private property within the City limits. Attached is a copy
of the ordinance for your files.
Thank you.
Attachments
c: A. John SzerJag, City Manager
Hans Ottinot, City Attorney
Jorge L. Vera, Assistant City Manager
Graffiti Onl AmJ Trans Memo