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Home My WebLink AboutO-2002-042 ORDINANCE NO. 2002-042 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO CHAPTER 22 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "STREETS AND SIDEWALKS"; AMENDING THE CODE OF ORDINANCES, BY AMENDING SECTION 22-60 OF THE CITY CODE OF ORDINANCES, WHICH SECTION IS ENTITLED "STANDARDS FOR MAINTENANCE AND INSTALLATION", TO PROVIDE FOR A UNIFORM COLOR FOR NEWSRACKS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission seeks to enhance the aesthetics of the City by providing for a uniform color requirement for newsracks installed in the public rights-of-way; and WHEREAS, the City Commission finds that this code revision is in the best interest of the residents of the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA- Section 1. That Sec. 22-60 of the City Code of Ordinances, which Section is entitled "Standards for maintenance and installation", is amended to read as follows: Sec. 22-60 Standards for maintenance and installation. Any newsrack which in whole or in part rests upon, in or over any public sidewalk or parkway, shall comply with the following standards: (1) No newsrack shall exceed five (5) feet in height, thirty (30) inches in width, or two (2) feet in thickness. (2) No newsrack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale, or purchase of the newspaper or news periodical sold therein. (3) Each coin-operated newsrack shall be equipped with a coin-return mechanism to permit a person using the machine to secure an immediate refund in the event the person is unable to receive the paid for publication. The coin-return mechanism shall be maintained in good working order. F:/566001:/Ordinances:/Newsracks color 1 ORDINANCE NO.2002-042 (4) Each newsrack shall have affixed to it in a readily visible place so as to be seen by anyone using the newsrack, a notice setting forth the name and address of the distributor and the telephone number of a working telephone service to call to report a malfunction, or to secure a refund in the event of a malfunction of the coin-return mechanism, or to give the notices provided for in this article. (5) Each newsrack shall be maintained in a neat and 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: a. It is reasonably free of dirt and grease; b. It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof. C. It is reasonably free of rust and corrosion in the visible unpainted metal areas thereon; d. The clear plastic or glass parts thereof, if any, through which the publications therein are viewed are unbroken and reasonably free of cracks, dents, blemishes and discoloration; • e. The paper or cardboard parts or inserts thereof are reasonably free of tears, peeling or fading; and f. The structural parts thereof are not broken or unduly misshapen. (6) The color of each newsrack shall be dark aqua, as approved by the Growth Management Director, or designee. Within 180 days after the effective date of this ordinance, any newsrack in violation of this section shall be deemed a nonconforming rack and shall be subject to the provisions of Section 22-61. Section 2. That except as amended above, all other provisions of Chapter 22 of the Code of Ordinances of the City of Dania Beach, Florida shall remain in full force and effect. Section 3. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with this ordinance are repealed to the extent of such conflict. Section 4. 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. • F:/56600 L•/Ordinances:/Newsracks color 2 ORDINANCE NO.2002-042 Section 5. That this ordinance shall be in force and take effect immediately upon adoption. • PASSED AND ADOPTED on first reading on August 13, 2002. PASSED AND ADOPTED on second reading on September 24, 2002. 7 ATTEST: -4 4 O—L -P R E T H. CHUNN, J R. CMAYO - COMMISSIONER CHARLENE J H SON CITY CLERK ROLL CALL: COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA - YES COMMISSIONER MIKES - YES VICE-MAYOR FLURY - YES MAYOR CHUNN - YES • APPROVED AS TO FORM AND CORRECTNESS: BY: - --� A, ( THO ASS . A' NSBRd CITY ATTORNEY F:/566001:/Ordinances:/Newsracks color 3 ORDINANCE NO.2002-042 • 401 w CITY OF DANIA BEACH MEMORANDUM TO: Mayor and Commissioners Cc Ivan Pato,'City Manager Laurence Leeds, Growth Management Director Charlene Johnson, City Clerk FROM: Tom Ansbro, City Attorney . DATE: September 3, 2002 RE: Proposed Ordinance Amending the Newsrack Ordinance By Providing for a Uniform Color Attached is a proposed ordinance amending Code Section 22-60, entitled "Standards for maintenance and installation," which would provide for a uniform color for newsracks installed in the public rights-of-way in order to enhance the aesthetics of the City. The Ordinance was drafted at the suggestion of Commissioner Mikes. The Ordinance provides that each newsrack shall be painted dark aqua, which is the same color as the newsracks in some areas in the City of Hollywood. Each newsrack must be so painted within 180 days after the effective date of the ordinance, or it shall be deemed a nonconforming rack and subject to the provisions of section 22-61 entitled "Violations". Section 22-61 provides that if the Growth Management Director finds that a newsrack is in violation of the code, an order to correct the offending condition is issued to the distributor, informing the distributor of the right to appeal. Failure to correct the offending condition within five days or failure to appeal within three days results in the newsrack being removed and processed as unclaimed property and an impound fee will be assessed. • This ordinance is ready for Commission review and adoption. TJA:slw Attachment SUN - SENTINEL OF PUBLISHED DAILY BEFORECECITY HEARING CITY LAUDERDALE, BROWARD COUNTY, FLORIDA SIGN CITY of DANIA BEACH, FLORIDA, RE- BOCA RATON, PALM BEACH COUNTY, FLORIDA CARDING ADOPTION of THE FOLLOWING PRO- MIAMI, MIAMI DADE COUNTY, FLORIDA POSED ORDINANCES: NOTICE IS HEREBY GIVEN that the City Commission of the City of Dania Beach, Florida,on September 24, STATE OF FLORIDA 2002, at 7:00 PM or as soon thereafter as the COUNTY OF BROWARD/PALM BEACH/MIAMI DADE matter may be heard,will BE RE THE UND SIGNED AUTHORITY, PERSONALLY APPEARED conduct a public hearing in the City of Chambers of the Dania West WHO,,ON OATH, SAYS THAT Dania Beach II Boulevard, E/SHE IS A D Y AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED Dania Beach, Florida to consider the proposed DEPARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED adoption of the following IN BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE ordinances entitled: OF THE ATTACHED COPY OF ADVERTISEMENT, BEING A: CITYoOFINDANIA BEACH, FLORIDA, PERTAINING TO CABLE TELEVISION; EX- CABLE TELEVISION TENDING THE COMMUNI- TY CABLE TELEVISION CABLE FRANCHISE, KNOWN LOCALLY AS AT&T IN THE MATTER OF: BROADBAND; PROVIDING, FOR CONFLICTS; PROVID- ING FOR SEVERABILITY; Cable Television AND PROVIDING AN EF- FECTIVE DATE. IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE CI ORDINANCE of THE CI OF DANIA BEACH, ISSUES OF: FLORIDA, APID R 22 OF THE C TOY CODE OF ORDINANCES, WHICHIS 9/13,1 11077005 TLED STR ETSEAND S DEI WALKS; AMENDING THE .CODE OF ORDINANCES,BY AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER 60 AMENDING OF CITY CODE OF PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADS COUNTY, FLORIDA, ORDINANCES,WHICH SEC- AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY TION Is ENTITLED PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, STANDARDS FOR MAIN- • TENANCE AND INSTALLA- EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE TION,TO PROVIDE FOR A UNIFORM COLOR FOR POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLORIDA, NEWSRACKS; PROVIDING .FOR CONFLICTS; PROVID- FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF ING FOR SEVERANCE; ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT FURTHER,PROVIDING FOR AN EFFECTIVE DATE. HE/SHE HAS NEITHER PAID, NOR PROMISED,ANY PERSON, FIRM, OR A copy of these proposed CORPORATION,ANY DISCOUNT, REBATE, COMMISSION, OR REFUND, FOR THE ordinances are on file in the Office of the City PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID Clerk, City Hall, 100 West NEWSPAPER. Dania Beach Boulevard, Dania Beach, Florida,and may be inspected by the public during normal i :working hours. IGNATURE Of'AFFIANT) Interested parties may ap- pear at the aforesaid meeting and be heard SWORN TO AND SUBSCRIBED BEFORE ME with respect to the o- w posed. Any person who ON: 13-September-2002 , A.D. decides to appeal any de- cision made by the City Commission with respect to any matter considered at at this hearing will need a record of the proceedings (SIGNATURE OF NOTAR PUBLIC) and for such purpose may need to ensure that a ver- batim record of the pro- ,I`¢ Tara L. e k ceedings is made, which �= MY COMMISSION# 024939 EXPIRES record includes the testi- s*; mony and evidence upon N July 20, 2005 which the appeal is to be "F°od2?P BONDED THRU TROY FAIN INSURANCEJN', based. In accordance with the American with Disabilities (NAME OF NOTARY,TYPED, PRINTED, O STAMPED) Act, persons needing as- sistance to participate ini any of the proceedings should contact Charlene PERSONALLY KNOWN OR Johnson, City Clerk, 100 West Dania Beach Boule- vard,Dania Beach,Florida • PRODUCED IDENTIFICATION 33004, (954) 924-3622 at least 48 hours prior to the meeting. /s/Charlene Johnson CIVIC,City Clerk September 13,2002