HomeMy WebLinkAboutO-2006-028 Newsracks ORDINANCE NO. 2006-028
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,
PERTAINING TO CHAPTER 22, "STREETS AND SIDEWALKS" OF THE
CITY CODE OF ORDINANCES; REPEALING SECTION 22-61 OF THE CITY
CODE OF ORDINANCES AND CREATING A NEW SECTION 22761,
ENTITLED "ENFORCEMENT", RELATING TO ENFORCEMENT OF THE
CITY NEWSRACK ORDINANCE; AMENDING SECTION 22-62, ENTITLED
"APPEALS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That Section 22-61, entitled "Violations" is repealed and a new section
entitled"Enforcement," is created to read as follows:
cc o�i 6,� i
r� —Violations-.
installed, >
See. 22-61. Enforcement.
Each distributor of a newsrack violating any provision of this Article shall be subject to
the code enforcement process and procedures set forth in Chapter 2 of the City Code of
Ordinances. These procedures may result in the imposition of liens upon property owned by the
newsrack distributor in addition to special removal, storage, and disposal regulations identified
within the following subsections of this Section. A notice of violation issued pursuant to this
Section shall be mailed by certified mail with return receipt requested to the distributor, if
known. A notice of violation shall specifically describe the violation.
(a) City removal of newsracks erected with a permit obtained in accordance with this
Article.
(1) Upon determination by a code officer that a newsrack exists within a
public right-of-way or other public location in violation of this Article,
the City shall prominently post on the newsrack visible from the main-
traveled way a notice of violation. If the newsrack bears the name of the
distributor or the distributor is.known, the notice of violation shall also be
issued to the distributor, as described in this Section.
(2) Except as provided in subsection (d), below, failure to correct the
violation within ten (10) days of the date of the notice shall result in the
removal of the offending newsrack by the City upon final disposition of
the code enforcement case.
(b) City removal of newsracks erected without a permit obtained in accordance with
this Article.
(1) Upon determination by a code officer that a newsrack exists within a
public right-of-way or other public location without a permit in
accordance.with this Article, the City shall prominently post on the
newsrack visible from the main-traveled way a notice of violation that the
newsrack is unlawful and must be removed within ten (10) days after the
date on which the notice was posted. If the newsrack bears the name of
the distributor, the notice of violation shall also be issued to the
distributor, as described in this Section.
(2) Except as provided in subsection (d), below failure to correct the violation
within ten (10) days of the date of the notice shall result in the removal of
the offending newsrack by the City upon final disposition of the code
enforcement case. Where the identity of the distributor is unknown, the
case shall list as respondents John and Jane Doe.
2 ORDINANCE#2006-028
• (c) Abandoned Newsracks.
(1) Upon determination by a code officer that a newsrack is abandoned, in
accordance with Section 22-63 of this Article, the code officer shall
prominently post on the newsrack visible from the main traveled way
notice of violation that the newsrack is considered abandoned and must be
removed within ten (10) days after the date on which the notice was
posted. If the newsrack bears the name of the distributor, the notice of
abandonment shall also be issued to the distributor by certified mail with
return receipt requested.
(2) Except as provided in subsection (d), below, failure to correct the violation
within ten (10) days of the date of the notice shall result in the removal of
the offending newsrack by the City upon final disposition of the code
enforcement case. If the name of the distributor or owner of the newsrack
is not known, the respondents shall be John and Jane Doe.
(d) Immediate removal of certain newsracks.
Notwithstanding any other provisions in this Section, the City may immediately
remove without notice and then store any newsrack which is located within a
roadway or on a bikeway, multi-purpose trail, or in the median of a public right-
of-way, as these placements create an immediate threat to the public health,
safety, and welfare by virtue of endangerment of pedestrians and vehicular traffic.
The code officer shall notify the distributor, if known, of such removal and
storage as quickly as reasonably possible by certified mail with return receipt
requested. Resultant code violations from such conditions may also be separately
undertaken.
(e) Storage and disposal of newsracks.
Upon removal, the City shall store the newsrack for a period of ninety (90) days
following the final disposition of the code enforcement case, and if the newsrack
is not claimed during that time period and the appropriate removal, administrative
and storage fees paid, the City may dispose of the newsrack in any manner
deemed appropriate. The City may contract for the removal, storage and disposal
of newsracks in accordance with this Section, payment for services of which the
distributor shall be ultimately responsible
Sec. 22-62. Appeals.
Any person or entity aggrieved by a finding, determination, notice, order or action taken
under the provisions of this Article may appeal and shall be apprised of his right to appeal to the
eity's eede enfer-eement bear-d. An appeal must be per-feeted within ten (10) days after-r-eeeipt o
3 ORDINANCE#2006-028
development a lettef of appeal briefly stating thetei.. the basis for- stieh appeal. The difeet
eommunity develapmefA sha4l sehedule the appea4 hearing within ten (10) days from feeeipt of
the lettef of appeal. The appeal heafing shall be eendueted within fefty (40) days 4am r-eeeipt of
the letter- of appeal. The appellant shall be given at least five (5) days' notiee of the time an-,
detefmination of the dir-eeter- of e6mmunity development should not be upheld. At the
eenelusioii of the hearing, the eede enfer-eement beafd shall make a final aiid eanelusive
deeision. This deeision shall be immediately appealable to a eetir-t of eempetent jur-isdietion.
pursuant to the code enforcement process and procedures set forth in Chapter 2 of the Cites
Sec. 22-63. Abandonment.
In the event that a newsrack remains empty or is not used, as evidenced by the lack of
placement of current materials otherwise ordinarily contained in the newsrack, for a period of
thirty (30) continuous days, the it shall be deemed abandoned, and may be treated in the
manner as provided in sSection 22-61 for newsracks in violation of the provisions of this
aArticle.
Section 2. That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 3. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed.
Section 4. That this Ordinance shall be in force and take effect immediately upon
adoption.
PASSED on first reading on July 25, 2006.
PASSED and ADOPTED on second reading August 8, 2006.
PATRICIA FLURY
• MAYOR—COMMISSIONER
4 ORDINANCE#2006-028
ATTEST:
��))) n"a-
LOUISE STILSON, CMC
CITY CLERK
'APPROVED AS TO FORM AND CORRECTNESS:
BY: '1
THOMAS J. . �B
CITY ATTORNEY
•
•
5 ORDINANCE#2006-028
• CITY OF DANIA BEACH
MEMORANDUM
TO: Mayor and Commissioners
CC: Ivan Pato, City Manager
Larry Leeds, Community Development Director
Dominic Orlando, Public Services Director
Nick Lupo, Code Enforcement Manager
FROM: Thomas J. Ansbro, City Attorney
DATE: July 14, 2006
RE: Proposed Amendment to City Newsrack Ordinance
Approximately fifteen years ago, the City of Coral Gables passed and enforced a
comprehensive newsrack ordinance, which governed the placement, installation, maintenance,
• type and color of such devices. After a lengthy federal court battle, the City's law was upheld
and cities throughout the state, including ours, enacted.similar laws.
While our law has been "on the books" since 1996, it has not been enforced. Within
the last two years, you may recall that a uniform color requirement for newsracks was
established by the City Commission (a dark aqua color to match the "green" color used by
Hollywood for its newsracks).but, again, enforcement efforts were not begun. A number of
other Broward County cities, such as Sunrise, Plantation and Margate, have recently updated
their newsrack ordinances and have pursued an enforcement program. Many cities in the South
Florida area have such laws.
The issue of enforcement has resurfaced since the number and location of newsracks
has proliferated, and in an effort to streamline enforcement in light of the relatively new code
enforcement Special Magistrate process, it is desirable to update the "enforcement" provision
of the ordinance. Consequently, an ordinance amending the newsrack law to establish an
updated enforcement system is now being proposed.
This is now ready for City Commission consideration. Enforcement efforts have been
discussed with the affected Departments and an enforcement program will be in place.
TJA:slw
Attachment
ORDINANCE NO. 2006-028
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,
PERTAINING TO CHAPTER 22, "STREETS AND SIDEWALKS" OF THE
CITY CODE OF ORDINANCES; REPEALING SECTION 22-61 OF THE CITY
CODE OF ORDINANCES AND CREATING A NEW SECTION 22-61,
ENTITLED "ENFORCEMENT", RELATING TO ENFORCEMENT OF THE
CITY NEWSRACK ORDINANCE; AMENDING SECTION 22-62, ENTITLED
"APPEALS)); PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That Section 22-61, entitled "Violations" is repealed and a new section
entitled "Enforcement," is created to read as follows:
Sze. 22 61. Violations
offending eendition shall be issued to the distributor- of the newsr-aek. Stleb order- shall be
installed, used of maintained inviela4ion of the pfevisions of this ai4iele, an ofder- to eer-feet the
fettim r-eeeipt requested. The order- shall specifieally describe the offending eendition—, &uggesA
Satufdays, Sundays, aiid legal holidays) af4er- the mailing date of!he order- or- to appeal the order-
within three (3) days aftef its feeeipt shall r-esult in the offending newsr-aek being summar-il
identified as to em,ner- under-the pfevisions of seetion 22
7
it shall be r-e eved immediately and
and expense of impetin—difi.q., shall be assessed against aeh ;ne3A,sfaekt: summafily removed. The
of of a newsraek Feinstalled after- r-effieval under- this seetion. The distr-ibutef of said nevvsfaek
shall be in addition to all other F a ehafgesrequired a this rt i
•
• See. 22-61. Enforcement.
Each distributor of a newsrack violating any provision of this Article shall be subject to
the code enforcement process and procedures set forth in Chapter 2 of the City Code of
Ordinances. These procedures may result in the imposition of liens upon property owned by the
newsrack distributor in addition to special removal storage and disposal regulations identified
within the following subsections of this Section. A notice of violation issued pursuant to this
Section shall be mailed by certified mail with return receipt requested to the distributor, if
known. A notice of violation shall specifically describe the violation.
(a) City removal of newsracks erected with a permit obtained in accordance with this
Article.
(1) Upon determination by a code officer that a newsrack exists within a
public right-of-way or other public location in violation of this Article
the City shall prominently post on the newsrack visible from the main-
traveled way a notice of violation. If the newsrack bears the name of the
distributor or the distributor is known, the notice of violation shall also be
issued to the distributor, as described in this Section.
(2) Except as provided in subsection (d) below, failure to correct the
violation within ten (10) days of the date of the notice shall result in the
removal of the offending newsrack by the City upon final disposition of
the code enforcement case.
(b) City removal of newsracks erected without a permit obtained in accordance with
this Article.
(1) Upon determination by a code officer that a newsrack exists within a
public right-of-way or other public location without a permit in
accordance with this Article the City shall prominently post on the
newsrack visible from the main-traveled way a notice of violation that the
newsrack is unlawful and must be removed within ten (10) days after the
date on which the notice was posted. If the newsrack bears the name of
the distributor, the notice of violation shall also be issued to the
distributor, as described in this Section.
(2) Except as provided in subsection (d), below failure to correct the violation
within ten (10) days of the date of the notice shall result in the removal of
the offending newsrack by the City upon final disposition of the code
enforcement case. Where.the identity of the distributor is unknown the
case shall list as respondents John and Jane Doe.
2 ORDINANCE #2006-028
(c) Abandoned Newsracks.
•
(1) Upon determination by a code officer that a newsrack is abandoned in
accordance with Section 22-63 of this Article, the code officer shall
prominently post on the newsrack visible from the main traveled way a
notice of violation that the newsrack is considered abandoned and must be
removed within ten (10) days after the date on which the notice was
posted. If the newsrack bears the name of the distributor, the notice of
abandonment shall also be issued to the distributor by certified mail with
return receipt requested.
(2) Except as provided in subsection d below, failure to correct the violation
within ten (10) days of the date of the notice shall result in the removal of
the offending newsrack by the City upon final disposition of the code
enforcement case. If the name of the distributor or owner of the newsrack
is not known, the respondents shall be John and Jane Doe
(d) Immediate removal of certain newsracks.
Notwithstanding any other provisions in this Section the City may immediately
remove without notice and then store any newsrack which is located within a
roadway or on a bikeway, multi-purpose trail or in the median of a public right-
of-way, as these placements create an immediate threat to the public health
safety, and welfare by virtue of endangerment of pedestrians and vehicular traffic
The code officer shall notify the distributor if known of such removal and
storage as Quickly as reasonably possible by certified mail with return receipt
requested. Resultant code violations from such conditions may also be separately
undertaken.
(e) Storage and disposal of newsracks
Upon removal, the City shall store the newsrack for a period of ninety (90) days
following the final disposition of the code enforcement case and if the newsrack
is not claimed during that time period and the appropriate removal administrative
and storage fees paid the City may dispose of the newsrack in any manner
deemed appropriate. The City may contract for the removal storage and disposal
of newsracks in accordance with this Section payment for services of which the
distributor shall be ultimately responsible
Sec. 22-62. Appeals.
Any person or entity aggrieved by a finding, determination, notice, order or action taken
under the provisions of this Article may appeal and shall be apprised of his right to appeal to the
eity's eede enfereement beafd. An appeal must be peffeeted within ten (10) days aftef+eeeipt-4
3 ORDINANCE#2006-028
• netiee of any pr-otested deeision or- aetion by filing with the offiee of the dife6k)r- Of
V Vll U. ity development shall sehedu1e the appeal Zea fi„g within tefi (10) days 4e „t of
the letter of appeal. The uYYeal hearing shall be `ennuiL`. within f fty-(T40) days finterested
the letter of appeal. The appellant sliall be given at least five (5) days' FlOtiee Of ON--
plaee of the hearing. The eede enfer-eement beafd shall give the appellant, and an), ethe
f
detcfrruintT:On-6@-E�2Et6�of development should not be upheld. the
eenelusion of the hearing, the eede enfer-eement bear-d shall make a final and e8fielusive-
deeisien. This deeision shall be immediately appealable to a eeui4 ef eampetent jur-isdietion.
pursuant to the code enforcement process and procedures set forth in Chapter 2 of the City Code.
Sec. 22-63. Abandonment.
In the event that a newsrack remains empty or is not used, as evidenced by the lack of
placement of current materials otherwise ordinarily contained in the newsrack, for a period of
thirty (30) continuous days, the e it shall be deemed abandoned, and may be treated in the
manner as provided in sSection 22-61 for newsracks in violation of the provisions of this
aArticle.
Section 2. That if any section, clause, sentence or phrase of this Ordinance is for any
• reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 3. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed.
Section 4. That this Ordinance shall be in force and take effect immediately upon
adoption.
PASSED on first reading on July 25, 2006.
PASSED and ADOPTED on second reading 32006.
PATRICIA FLURY
• MAYOR—COMMISSIONER
4 ORDINANCE#2006-028
ATTEST: •
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
BY:
THOMAS J. ANSBRO
CITY ATTORNEY
•
•
5 ORDINANCE#2006-028
• NOTICE OF HEARING BEFORE CITY COMMISSION OF
THE CITY OF DANIA BEACH, FLORIDA, REGARDING
ADOPTION OF THE FOLLOWING PROPOSED ORDINANCE:
NOTICE IS GIVEN that on August 8, 2006 at 7.00 p.m. or as soon thereafter as
the matter may be heard, the City Commission of the City of Dania Beach,
Florida, will conduct a public hearing in the Commission Chamber at Dania
Beach City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, to
consider the proposed adoption of the following Ordinance:
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,
PERTAINING TO CHAPTER 22, "STREETS AND SIDEWALKS" OF THE
CITY CODE OF ORDINANCES; REPEALING SECTION 22-61 OF THE CITY
CODE OF ORDINANCES AND CREATING A NEW SECTION 22-61,
ENTITLED "ENFORCEMENT", RELATING TO ENFORCEMENT OF THE
CITY NEWSRACK ORDINANCE; AMENDING SECTION 22-62, ENTITLED
"APPEALS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file in the Office of the City Clerk, City
Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, and may be
inspected by the public during normal business hours.
Interested parties may appear at the aforesaid meeting and be heard with respect
to the proposed ordinance. Any person who decides to appeal any decision made
with respect to any matter considered at this hearing 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 the appeal is to be based.
In accordance with the American with Disabilities Act, persons needing
assistance to participate in any of the proceedings should contact the City Clerk's
Office, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, (954)
924-3622 at least 48 hours prior to the meeting.
/s/ Louise Stilson
City Clerk
Run in Sun Sentinel: July 28, 2006
•