Ord. No. 31-06-1899ORDINANCE NO.: 31-06-1899
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING
CHAPTER 3 OF THE CITY OF SOUTH MIAMI CODE OF
ORDINANCES BY REVISING ARTICLE VI ENTITLED
"ADVERTISING BENCHES" TO REGULATE ADVERTISING AT,
IN OIL ON BUS SHELTERS; PROVIDING FOR SEVERABILITY;
ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of South Miami
desire for the enhancement of city's appearance and ensure that the community be
aesthetically pleasing; and,
WHEREAS, the city finds that it is necessary to modify sections 3 -45 through 3
52 of the Code of Ordinances pertaining to the regulation of advertising on bus benches
to include the regulation of advertising at or on bus shelters; and,
WHEREAS, bus shelters provide the elderly, students, and working people
protection from the sun, wind or rain while they wait for buses; and,
WHEREAS, there are no existing provisions within the city code relating
to the regulation of the placement, construction and maintenance of bus shelters;
and,
WHEREAS, there is a need to regulate and establish procedures regarding
installation, placement, size and maintenance of bus shelters as well as benches
within the city; and,
WHEREAS, this proposed revision to the existing ordinance is timely and
appropriate because current laws and regulations are limited to bus benches and do
not adequately address the aesthetics, health, safety, and maintenance of bus
shelters and the restrictions are narrowly tailored to further the city's substantial
governmental interested in aesthetics and public safety; and,
WHEREAS, the Mayor and City commission desire to enact the
amendments to Chapter 3 of the land development code in order to expand the
existing regulations to include bus shelters.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Page 2 of 5
PT. 2 of Ord. No. 31 -06 -1899
Section 1. That Article VI including Sections 3 -45 through 3 -52 of the South
Miami Code of Ordinances are hereby amended to read as follows:
ARTICLE VI. ADVERTISING BUS SHELTERS AND BENCHES
Sec. 3 -45. Authorized by Contract Only.
Advertising on bus shelters and benches within the city limits at legitimate
bus stops are hereby authorized by yearly contract only, approved by the City
�i� Commission and which contract shall sFh�all conform with the specifications set
out in Section 3 -47 through 3 -52.
Sec. 3 -46 Procedure prior to contact.
Prior to the city entering into any yearly contact for the furnishing of
advertising on bus shelters and/or benches the following procedure shall have been
followed:
(a) Competitive conditions shall have been maintained and
competitive sealed bids sought from at least three different
sources by the city manager or by approving the use of a current
contract of a governmental entity and/or any department,
agency, political subdivision or instrumentality of the state of
Florida.
(b) The city eel commission shall have considered and approved
the bid for which the contract is to be executed (Ord. No. 417, §
2,9-16-58)
Sec. 3 -48. Location- Approval by city manager.
The location of each bus shelter and or bench which will dis]lay
advertisin_ bene shall be approved by the city manager. (Ord. No. 417, §2, 9-
1 b -58).
Page 3 of 5
Pg. 3 of Ord. No. 31 -06 -1899
Sec. 3 -50. Permit, bond prerequisite to issuance.
Prior to the issuance of a permit under this chapter No pel:fflit shall be
isstied pursuant to this chapter- unless the e shall be posted a-ad maintained-by the
person or persons or company shall provide w4h the city manager a surety bond or
policy of public liability insurance of not less than eighty thousand dollars
coverage for any one claim, which bond or policy shall be conditioned so that the
person or persons or company will indemnify and save harmless this city, its
officers and employees, from any and all loss, costs, damages, expenses or
liabilities which may result from or arise out of the granting of such permit or
permits, or the installation or maintenance of such bus shelter(s) and or benches
beneh for which such permits shall be issued, to pay any and all loss or damages
that may be sustained by any person as a result of or which may be caused or
occasioned by or arise out of such installation or maintenance. (Ord. No. 417, §2,
9- 16 -58).
Sec. 3 -51 Specifications.
The advertising benches and or shelters shall conform to the following
specifications:
(a) Not to exceed six feet in length or over forty-five inches in height.
(b) The ends of the benches to be made or reinforced concrete of a
minimum of three inches in thickness.
(c) The thickness and width of the lumber to be used for seats in the
benches to be not less than two inches by six inches and no less than
two seat boards per bench.
(d) No advertising matter or sign whatever shall be displayed upon any
bench, except on one side only the backrest; and no advertisement or
sign on any bench shall display the words "Stop ", "Look ", "Drive
In ", "Danger ", or any other words, phrase, symbol or character
calculated to interfere with, mislead or distract vehicular traffic; and
no advertising space shall be rented for political campaign purposes,
or advertising of alcoholic beverages. (Ord. No. 417, §2, 9- 16 -58).
(e) No shelter shall be more than 96 inches high, or more than sixty
inches wide, or more than 13 feet long, unless the City commission
authorizes a deviation from these requirements.
Page 4 of 5
Pg. 4 of Ord. No. 31-06-1899
Sec. 3 -52. Inspection, notice to repair.
The Licensee shall maintain each bench and/or shelter at all times in a safe
condition. Advertising benches shall be inspected by the city and when found to
be in need or repair the licensee shall be notified and the licensee shall
immediately make necessary repairs. All graffiti shall be removed and/or_ covered
over with an opaque covering no later than 48 hours after notice is presented to the
licensee by the Ci (Ord. No. 417, §2, 9- 16 -58).
Section 2. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 3. If any section, clause, sentence, or phrase of this ordinance is for
any reason held invalid or unconstitutional by a court of competent jurisdiction,
this holding shall not affect the validity of the remaining portions of this
ordinance.
Section 4. This ordinance shall be effective immediately after the adoption
hereof.
PASSED AND ADOPTED this day of • , 2006.
ATTEST:
TY CLERK
18t Reading- 11 /2 8/ 0 6
2nd Reading- 12/19/06
APPROVED:
READ AND APPROVED AS TO FORM:
is R. Figueredo,
Nagin Gallop & Figueredo, P.A.,
Office of City Attorney
Page 5 of 5
COMMISSION VOTE: 5-0
Mayor Feliu:
Yea.
Vice Mayor Wiscombe:
Yea
Commissioner Birts:
Yea
Commissioner Palmer:
Yea
Commissioner Beckman:
Yea
South Miami
1& tericaCft
CITY OF SOUTH MIAMI,--. 1 ®j
OFFICE OF THE CITY MANAGER
INTER- OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
From: Yvonne S. McKinley, City Manager
Date: November 28, 2006
Agenda Item No..
Subject: Amending the City's Code to regulate advertising at, in or on bus shelters.
Resolution: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING CHAPTER 3 OF THE
CITY OF SOUTH MIAMI CODE OF ORDINANCES BY REVISING
ARTICLE VI ENTITLED "ADVERTISING BENCHES" TO REGULATE
ADVERTISING AT, IN OR ON BUS SHELTERS; PROVIDING FOR
SEVERABILITY; ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE
Request: To approve amendment to current ordinance" for the regulation of bus
shelter and advertising at, in or on bus shelters.
Reason /Need: There are no existing provisions within the city code regulating the
placement, construction, maintenance and advertising in and on
bus shelters. As we work with the County and the State to improve
our bus ways with needed infrastructure, such as, sidewalk, we
realize that bus shelters and other street furniture will follow.
So, it is timely and appropriate to amend the current ordinance to
adequately address the aesthetics, health, safety and maintenance
of bus shelters. This amendment to the ordinance is intended to
ensure the enhancement of the City's appearance, provide public
safety and to ensure that the community is aesthetically pleasing.
Cost: NIA
Funding Source. NIA
Backup Documentation:
❑ Proposed Ordinance
V
MIAMI DAILY BUSINESS REVIEW
Published Daily exmpl Saturday, Sunday and
Legal Holidays
MWrnf. Miami-Dade Ccunly, Florida
STATE OF FLORIDA
COUNTY OF MIAMI•DADE:
Before the undersigned authority personally appeared
SOOKIE WILLIAMS, who on oath says that he or she is the
VICE PRESIDENT, Legal Notices ofthe Miaml Daily Business
Review f/k!a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice In the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING - DECEMBER 19, 2006
in the XXXX Court,
was published in said newspaper in the issues of
12/08/2DOB
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been conttnuousiy published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement and afffarit further says that he or
she has neither paid nor promised any person, firm or corporation
any ' unt, rebate, commission or refund for the purpose
of ec ng this advertisement for publication in the said
n per. it
Sworn to and subscribed before me this
08 day o OE � , A.D. 2005
(SEAL)
BOOKIE WILLIAMS personally known to me
Mona I. Mesa
a My Commission OD21MBM
%ra Exyras MarCh D4, 2008
CITY OF SOUTH -MIAMI
NOTICE OF PUBLIIC FiEARINC
AN
OF, THE MAYOR AND CITY.. COMMISSION
-_:; ,., OF;THE -CM OF,SOUTH.MIAMI; FLORIDA,415LATTNG -TO', -'
%AMENDING CHAPTER 20- 4AO)(1) OF THE LAND DEVELOP - 1
-%:, MENT .CODERELArmoTOVALEFPARKfNGTO .CORRECT - -•r'
"- REQUEST. -TO AMEND.THE OFFICIAL ZONING MAP OF THE =;
, CITY OF.SOUTH MIAMII LAND DEVELOPMENT CODE BY. :
- CRANGING THE ZONING USE DISTRICT FROM 'RS•G'.SIN
. GLE FAMILY RESIDENTIAL ZONING DISTRICT TO :"RT- 6 °::;,�;
TOWNHOUSE RESIDENTIALZONINGQISTRICT�FORPROP :i
ERTYLOCATEDAT6sa0 MANOR LANE; THE PURPOSE OF
=
THE ZONE CHANGE IS TO ALLOW OF_:;i ?=
TWO TOWNHOUSE RESIDENTIAL UNITS PROVIDING FOR
'.SEVERABILITY; PROVIDING FOR - .ORDINANCES IN CON
. FLICT _AND.PROVIDINGAN EFFECTIVE
DAiE -. -
OROI
- AT L IN OR ON BUS SHELTERS M
PROVIDING FOR SEVER
- BIITY, :ORDINANCES IN.CONFLICT AND PRO_ YIDfNG AN - '
- ]= FFEC7'IVL:DATE
I AN ORDINANCE OF THE MAYOR AND CITY COMMISSION,
OF THE. CITY OF SOUTH MIAMI, FLORIDA; RELATING TO f
FRANCHISES; CONSENTING TO - THE ASSIGNMENT OF -z
-.
CABLE TELEVISION FRANCHISE FROM CHARTER COM --
MUNICATIONS LLC. TO ATLANnc.BROADBANO LLC ._
n� :PROVIDING FOR swERABILRY,•ORDIi4.AkcESS IN,CON-
:. -':er rrr -aun eu FFFPC71VE eaTE. -•: ;. - -_ -.�
A - RESOLUTION OF THE MJ
OF THE CITY OF 50011! MIp
- REQUEST PURSUANT TO S
- :DEVELOPMENT CODE FOR
^MIXED USE DEVELOPMENT
SPECIALITY RETAIL.,(HOM
ZONING DISTRICT, TO PERT
SECTIONS 20- 7.88, 20.7.10E
LOWATOTAL LOT COVERA
FEET WHICH EXCEEDS.'THI
AGE ON SOUTH DIXIE HIGH
JrGT COVERAGE ON SW 74111
ING TO HAVE 50,468 SQUAB
MAXIMUM PERMrmo BUII
20,000 SQUARE FEET, (3) At
LORIDA, RELATING 70 A'
ON 20- 7S1,OF; THE LAND `, _:
," EXCEPTIONS FOR A. ,--.-A
IECTIN THE ,'SRtH"V)'. �3
IN DISTRICT:,OVERLAY)
PECIAL- EXCEPTIONS TO _•i
Al dN ORDER TO: (1)AL
= BS%DR26,(133 SOUAFtE- _ --:;
OMUM 60% LOT :COVER -=<:g
AND THE MAXIMUM 5Q%:: ='.
EET: (2) ALLO W A BUILD -_;:
ET WHICH EXCEEDSTHE
t SQUARE FOOTAGE OF -"
'A CURB CUT TOBE LO-.1_
HCH LOCATION IS -NOT: .
DISTRICT_ REGULATING.' .:
If you have any Inclumas on the above items please contact to City
'Gerlc'soificeat305- 6836340 -.- s` - -
r
cw
ALL Interested parties are invited to aftendkndw+0 he heard r
r _ Mana_Mi Menendez CMC -
_: CltyClerk- - „-
Pursuant
that if a pergorr to Florida Stalufes 286.0105 ttreCily hereby advises the public:
decidea to appeal any decisien made by this Board, Agency
'or Commissieni with respect to any matter considared at its "ating or
:hearing. he or she will neod a record of the proceedings, and that forsuch
`purpose; affected_ person may need to ensure that a verbatim record of
the proceedings is made'-which record lndudes the iesfimooy and
' evidence uponwhidt ,thaappeafistobobased. - -
128 .. - .: - OE3- 7W61362M
NEIGHBORS CALENDAR
Tapers Building
'imunity, exhibi-
' Jewish partici-
ient of Florida.
,mpanies or
ies are per -
uhical profiles
)uf 600 visuals
,ns of their pro-
r: 400 SE Sec -
72 -4634:
of art by local
Dugh Dec. 31.
eliery: 2970
oral Gables.
forks by Maria
31.
3W 73rd St,
4659:
iraphy, an
-white photo-
n CeSar'Bar-
iersity of
" Coral
idents and
- eptions, free
Jniversity of
and staff, and
84 -3535 or go
I Dreams
ttings that
1iami artist's
f his axile in a
Pith 50 of his
0 p.m. daily
m.);12400
mi -Dade;
3 -12; children
or seniors 65
arsonnel,
to take the
jo to Miami
metrozoo.com:
e The Scoop on poop, a 5,000
square -foot traveling exhibition on
what poop is and how animals and
humans use it; through Jan. 10.
Mexican Cultural institute; 5975 Sun-
set Dr., South Miami; free.
766 -268 -4910:
e Ego, anew collection of works by
Cuban - Mexican artist Ulises
Gonzalez; through Jan. 4.
Miami Art Central: 5960 SW 57th
Ave., South Miami. 305 -455 -3333 or
go to Miamiartcentral.org;
e New Years Eve Exhibit: 6 -10 p.m,
Dec, 8 opening reception, continues
Dec. 31,
Miami Art Museum: 10 a.m. -5 p.m.
Tuesday - Friday, 10 a.m. -9 p.m. third
Thursday, noon -5 p.M.Saturday-Sun-
day; 101 W. Flagler St., Miami; $5
adults, $2.50 seniors, children 11 and
under and students with ID free.
305 -375 -3000:
e Mark Dion, a two -part installation
focussing on local natural surround-
ings: through Jan. 14.
e Lorna Simpson, an exhibition fea-
turing an examination of racial.and
gender identity through large -scale
photograph and text works: through
Feb. 4.
e Modem Photographs: The Machine,
the Body and the City, gifts from the
Charles Cowles Collection featuring
101 pieces of art: through April 15.
Miami Center for the Photographic'
Arts: 1601 SW First St., Miami; free.
305- 649 -0324:
e Errant, photography of random
locations by Axel Stein: through Dec.
29.
e TwentyAmericans, photography
by Vied Tomaselli: through Dec. 29.
Miami Dade College Wolfson Cam-
Pus. held in the James K. Batten Com-
munity Room, Bldg. 2; 300 NE Sec-
and Ave., Miami. 305- 274 -2103:
e WoundsofHumanity, large panels
with interperative visuals by Nall;
through Jan. 14.
e Wounded Dove ofPeace, a 13 -foot
two -ton bronze sculpture by Nalf;
through Jan,14.
miArte Gallery: 85 Merrick Way,
Coral Gables. 305- 445 -2783:
e 8S @85, an exhibition of no less
than 85 artists presenting as a color-
ful mosaic of 255 separate canvases,
each a unique work of art that will be
sold separately: through Jan. 27,
Mosquera Orthodontics: 1245 SW
87th Ave., Miami; free. 305-264-3355:
e An exhibition of art work by focal
contemporary artist Miguel Angel
Glovanetti: through Jan, 5.
Museum of Contemporary Art
(MOCA): A permanent collection,
traveling exhibits; 770 NE 125th St.,
Joan Lehman Building, North Miami;
$5, $3 seniors and students with ID,
free for children 11 and under, and res-
idents and employees of the City of
North Miami and members; 11 a.m. -S
p.m. Tuesday- Saturday; noon -5 p,m.
Sunday. 305 -893 -6211:
e Elusive Signs Bruce Nauman works
with Light, exhibition in which Bruce
Nauman addresses the essential ele-
ments of human existence, challeng-
ing the parameters of contemporary
art through nontraditional materials:
through Jan. 7,
e City Beneath the Sea, a new pro-
duction and exhibition with mario-
nette sculptures by Pablo Cano:
through Dec. 23,
PraxiS International Art: 2960 Ponce
de Leon Blvd., Coral Gables.
305- 443 -9700 or go to praxis -
art.com:
*TURN TO CALENDAR, 28
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4239 West Flagfer St,
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305) 446 -3633
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COURTESY NOTICE
CITY OF SOUTH MIAMI, FLORIDA
On Tuesday, December 19, 2006, beginning at 7:30 p.m., in the City Commission
Chambers, 6130 Sunset Drive, the City Commission will hold Public Hearings ID
consider the following items:
AN ORDINANCE RELATING TO AMENDING CHAPTER 20- 4.4(1)(1) OF THE
LAND DEVELOPMENT CODE RELATING TO VALET PARKING TO CORRECT
SCRIVENER'S ERROR TO CORRECTLY CROSS - REFERENCE TO RE- NUMBERED
SUBSECTION 20- 4.4(M) RATHER THAN 20- 4.4(L) AND CORRECTING THE
TITLE TO SUBSECTION 20- 4.4(M).
AN ORDINANCE RELATING TO A REQUEST TO AMENC THE OFFICIAL ZONING
MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY
CHANGING THE ZONING USE DISTRICT FROM "RS -3" SINGLE FAMILY
RESIDENTIAL ZONING DISTRICT TO "TIT - -6" TOWNHOUSE RESIDENTIAL
ZONING DISTRICT FOR PROPERTY LOCATED AT 6540 MANOR LANE; THE
PURPOSE OF THE ZONE CHANGE IS TO ALLOW CONSTRUCTION OF TWO
TOWNHOUSE RESIDENTIAL UNITS.
AN ORDINANCE AMENDING CHAPTER 3 OF THE CITY OF SOUTH MIA CO
OF QRDIPdANCES BY REVISING ARTICLE V€ ENTITLED "AD
VERMTI ISINDG E
BENCHES" TO REGULATE ADVERTISING AT, IN OR ON BUS SHELTERS.
AN 'OnD1NANCE RELATING TO FRANCHISES; CONSENTING TO THE
ASSIGNMENT OF CABLE TELEVISION FRANCHISE FROM CHARTER
COMMUNICATIONS L.LC. TO ATLANTIC BROADBAND, LLC.
A RESOLUTION FOR SPECIAL EXCEPTIONS FOR A MIXED USE DEVELOPMENT
PROJECT IN THE SPECIALITY RETAIL ZONING DISTRICTTO PERMIT SPECIAL
EXCEPTIONS IN ORDER TO: (1) ALLOW A TOTAL LOT COVERAGE OF 85% OR
26,833 SQUARE FEET WHICH EXCEEDS THE MAXIMUM 60% LOT COVERAGE
ON SOUTH DIXIE HIGHWAYAND THE MAXIMUM 50% LOT COVERAGE ON SW
74th STREET, (2) ALLOWA BUILDING TO HAVE 50,163 SQUARE FEET WHICH
EXCEEDS THE MAXIMUM PERMITTED BUILDING SQUARE FOOTAGE OF
20,000 SQUARE FEET; (3) ALLOW A CURB CUT TO BE LOCATED ON SW 59th
COURT WHICH LOCATION IS NOT SHOWN ON THE HOMETOWN DISTRICT
REGULATING PLAN; ALL FOR PROPERTY GENERALLY LOCATED AT 5966 -70
SOUTH DIXIE HIGHWAY.
Above items can be inspected in the City Clerk's Office, Monday - Friday during regular
office hours.
f you have any inquiries on the above items please contact the City Olerk's office at:
305- 663 -6326.
ILL interested parties are invited to attend and will be heard.
Maria M. Menendez, CMC
City Clark
'ursuard 10 Funds Statutes 285.0105, the City hereby advises the public that if a person decides to
ppeai any decisfon made by this Board, Agency or Commission with respect to any matter
onsidered at its meefrng or hearing, he w she will need a record of the proceedings, and that for
uch purpose, affected person may need to ensure that a verbatim record of the proceedings Is made
Gob record includes the testimony and evidence upon which the appeal is to be based.
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