HomeMy WebLinkAboutO-1996-014oRDTNAIICE llo. 14_96
AN ORDINANCE OF TIIE CITY OF DANIA, FLORIDA,
ADOPTTNG NEWSRACK REGULATIONS, PROVIDfNG FORTHE PURPOSE AND SCOPE OF THE NEWSRACKORDINANCE; PROVIDING FOR DEFINITIONS,
PROHIBITING NEWSR,ACKS IN CERTAIN LOCATIONS ANDI,NDER CERTAIN CONDITIONS; REQUIRTNG A PERMITTO !4AIMTAIN OR OPERATE A NEWSRACR, PROVIDINGFOR AN APPLICATION FOR A NEWSRACK PERMIT ANDPROVIDTNG CONDITIONS FOR ISSUANCE OF A
NEWSRACK PERMTT; PROVTDING FOR A HOLD IIARMLESS
AGREEMENT WITH TIIE CITY OF DANTA; REQUIRINGNEWSRACK IDEMTIFICATION; REGULATING TIIELOCATION, PLACEMEN| AND NI'ITBER OF NEWSRACKS,PROVIDING FOR MAINTENANCE AND INSTATLATION ORNEWSRACKS; PROVIDING FOR TIIE DETERMINATToN oF
VIOLATIONS; PROVIDING FOR APPEAIIS; DETERMININGNEWSRACK ABANDON!,IENT; PROVIDTNG FORSEVER]ABILITY; PROVIDING TIIAT AI,,L ORDINANCES ORPARTS OF ORDINANCES AND AIJI' RESOI'UTIONS ORPARTS OF RESOLIJ1TIONS TN CONFLICT IIEREWITH BEREPEALED ?O THE EXTENT OF SUCE CONFLICT;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the installation and pLacement of Newsracks in public
rights-of-way has resulted in concerne by the public and City
official6 with regard to t.he Eafety, convenience and aeBthetics
thereof; and
WHEREAS, the citsy Comnriseion finds that there is a need to
regulate and eEtablish procedures regarding installation, placement
I
WIIEREAS, lhe uncontrolled placement of Neweracke in public
rights-of-way presenEs an inconvenience and danger to the safety
and welfare of persone uEing auch rights-of-way, including
pedeetrians, perEonc entering and leaving vehiclee and buildings,
and persons performing essential utility, traffic control and
emergency services; arrd
and maintenance of Newsracks within the City; and
WHEREAS, the City Corrmission finde that such regrrlations and
procedures governing Newaracks wilL serve to promote t,he health,
safety, aesthetj.cs and welfare of Ehe citizens of Dania;
NOW, TIIEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF TIIE
CITY OF DANIA, FLORIDA:
The purpose of this Ordinance iE to promote the puJclic health,
safety and welfare through the regulation of placement, type,
appearance and servicing of Ne\,rsracke on public righte-of-way Eo aEl
to:
Provide for pedestrian and driving safety and convenience.
Restrict unreasonable int,erference with the flow of
pedeatrian or vehicular traffic including ingress into or
esJress from any reeidence or place of busineee, or from
the atreet to the sidewalk by pereons exiting or entering
parked or s t.anding vehiclee.
Relocate and/or replace Newsracks which result in a visual
blight an.d/ oi exceegive space allocation on the puJrlic
B
D
2
Sectiop. 1: Purpoae apd Scope.
C. Provide reasonable access for the uge and maintenance of
poles, poatE, traffic 6igns or eignals, hydrants,
mailboxes and accesB to locations used for public
tranaportation purposes.
E
F
righE,s-of -way or which unreas,onably detract from tshe
aesthetics of store window displays, adjacenE landscaping
or olher improvementa, ae well a€r to have abandoned.
Newsracks re:noved.
Maintain and protecE the valueB of surrounding propert.ies
and prevent damage to graaE right-of-way areaE.
Reduce urrrreceE E ary exposure of the public to pereonal
injury or property damage.
G. Maintain and preeerve freedom of the preEs.
section 2:Defiaitions -
uEed in this Ordinance, unless the context otherwiae
indicates:
AE
c 1ear1y
A.B] oc.k means
conB ecut ive
one (1) side of a street between two (2)
interacting Etreets.
curb
area
l ine
B
c
Distributor means the perEon responeible for placing and
maintaining a Newerack in a public right-of-way.
Newarack meane any Eelf-Eervice or coin-operat,ed box,
container, 6torage unit or other dispen6er iD.atal1ed,
used, or maintained for the display and sal-e of newspapers
or other news periodicals.
D Parkway mean6 the area between the sidevralk and the
of any street, and where there ie no eidewalk, the
between the edge of the roadway and the property
3
adj acent
vri thin a
thereto. Parkway ehaI1
roadway that is noE open
also include any area
to vehicular t,ravel .
E Person meang any per€ron or peraons, or entity including,
but not limited to, a corporation, partnerehip,
unincorporaLed aseociation or joint venture.
Growth Management Director refers E,o the Growth Management
Director of the City of Dania or the deeigttee of the
Growth Management Director.
Roadway means that portion of a stsreeE improved, designed,
or ordinarily ueed for vehicular travel .
Sidewalk meane any surface provided for the exclusive use
of pedeBtriana,
Street mean6 all the area dedicaE.ed to puJrlic use for
public atreet purposee and shaIl include, but not be
linited to, roadways, parkwaye, a1Ieye and sidewalks.
Sect,ior, 3: Newaracks Prohibited.
A No person Ehall inst.alI, uee, or maintsain any NevrErack
which projects onto, into, or which rests, who11y or in
part, upon the roadway of any public st,reet.
F
G
H
I
B No peroon sha1l inst,aIl, u6e, or maintain
which in whole or in part rest,e upon, in,
pubtic Eidewalk or parkway:
any NewBrack
or over any
4
(1) when euch installation, use, or rnaintenance
endangere the safetsy of pereons or property;
(2) when such site or location is used for public
utility purpo€res, puJclic transportation purpoeea, or
other governmental use;
(3) when auch Newsrack unreasonably interferes with or
impedes Ehe flow of pedestrian or vehicular traffic,
including parked or Etopped vehiclee; the ingress in
or egresa fron any residence or place of business;
the uee of poles, poEtE, t,raffic eigns or sigmale,
hydrants, mailboxee, or other objects peraitted aE
or near said location;
(4) when such Newsrack intserfereE
any sidewalk by tshe use of
cleaning machinery; or
(s)in any manner
the provieione
wit.h the cleaning of
mechanical sidewalk
inconsistent with or in violation of
of this Ordinance.
Section {: Perr-it Required.
It shall be unlawful for any peraon, firm or corporation to
erect, p1ace, maintain or operate, on any public street or
sidewalk, or in any other public way or pIace, in the City of
Dania, any Newsrack without first having obEained a permit from the
Growth Management Director specifying the exact LocaEion of such
Newsrack. One permit may be ieeued to include any number of
5
Newsracke, and shall_ be signed by the applicant.
Secti 5: ADDIi cation for Permit -
A Application for such peranit shall be made, in writing, to
the Growth Management Director upon Buch form as shal1 be
provided by him, and shall contain the name and, ad.d.rees of
the applicant, the proposed speeific location of eaid
Newsrack, and shaLl be signed by the applicant.
From the above application informat.ion the Growth
Management Director shalI approve tshe 1ocatione. He shal1
be guided therein Bolety by the standards and criteria sets
forth in thie Ordinance. In any caEe where t,he Growth
Management Director dieapprovee of a particular location,
such disapproval shalL be without prejudice to tshe
regist,rant deaignat.ing a different location or locatione.
Permits eha1I be issued for the installation of a Newerack or
New6racka without prior inepection of the LocaLion but Euch
NewErack or Newgracka and the inetallation, uEe or maintenance
thereof shal1 be conditioned upon obeervance of tshe provisione of
this Ordinance. Permits shal1 be issued within five (5) days
(excluding SaturdayE, Sundays and 1ega1 holidaye) after the
applicatsion has been fiIed. A permit fee of 925.00 ehalL be
required for each newspaper puJclisher plue 910.00 per Newsrack.
The above fees will be used to defray adarinistraEive expenses with
relation to this Ordinance and any revenues over expenrres rernaining
B
6
Sectiop 5: CopditionE for PeroiE.
afEer the implementatsion of
nesrspaper publishers in
contributions.
this Ordinance will be returned to the
proportion tso their respective
Sect.ion 7: Eo].d ess .
Every owner of a Newerack who placea or maintains a Newerack
on a public sj,dewalk or parkway in the City of Dania shaII file a
written st,atement with the Growth Management Director in a form
satiafactory to the City Attorney, whereby euch ovnrer agree8 to
indennify ard hold harsrless the City, its officers, and. employees,
from any 1oss, liability, or damage, including expensee and costs,
for bodily or personal injury, and for property da:nage sustained by
any person as a reault of the installation, u€re and/or maintenance
of a Newarack within the City of Dania.
Section 8:Newsrack Identificat on Required
Every person who placee or maintains a Newsrack on the streetE
of lhe Citsy of Dania 6ha11 have his perflits nudler, na.ue, addreee,
and telephone numlcer affixed E,o the Newerack in a place where euch
information may be easily seerr. Prior to the desigmation of
location by the Growth Management Director under Section t herein,
tshe regiatsrant. sha1l present evidence of compliance with this
Sec t.ion .
Section 9: Location.Placeoeut,, a.ud Nurber of Newsracka.
Any Newsrack which rests in \dhole or in part upon, or on any
portsj.on of a public right-of-way or which projectse onto, into, or
7
over any parts
accordance with
a public right-of-way
following provisiona of
shaIl be locaced in
thi s Sec t.ion :
of
the
A No Newgrack shaII be used or zraintained which projects
onto, inE,o, or over any part of the roadway of any public
streets, or which rests, who11y or in part upon, aIong, or
over any portion of the roadway of any public street.
B
C
No Newerack shall be chained,
attached to any fixture located
way, except to other Newsracks.
bo1E,ed, or
in the public
o t.herwi s e
right - of -
D
Newsrackg may be placed next to each other, provided that
no group of NewarackB shalI exterrd for a dietance of more
than eigh! (8) feet along a curb, and a space of nots lees
than three (3) feet ehaLl separate each group of
Newsracks .
No Newsrack
maint.ained:
eha1l be placed, installed, used or
(1) within five (5) feets of any marked croeswalk.
(2) Within fifteen (15) feet of the curb returrr of any
unmarked crosewalk.
(3) Witshin five
box, police
(5) feets of
call box or
any fire hydrant, fire cal-l
other emergency facility.
(4) Within five (5) feet of any driveway.
(5) within three (3) feet ahead or twenty-five (25) feet
to the rear of any sigm
stop.
(6) within five (5) feet of
bench.
(7) At any l-ocation whereby
paaeageway of pedestriane
gix (6) feet.
marking a designaE,ed bus
the outser end of any bus
the
.l-
elear space for t.he
reduced to less than
E
(8) Within three (3) feet of or on any puJrlic area
improved with 1awn, flowera, ehru.bs, trees or other
landseaping, or wj.thin three (3) feet of any display
window of any building abutt,ing the eidewalk or
parkway or in such a manner aB Eo impede or
interfere with the reasonable use of Euch window for
display purposes .
(9) Within one hundred (100) feet of any ot,her Newsrack
on the salre side of the street in the same block
containing the sa.ule igsue or edilion of the same
publication.
(10) On any access ramp for disabled persons.
No more Ehan eight (8) Neweracks ehall be located on any
public right-of-way within a Bpace of tswo hundred (200)
feet in any direction within the ga.me block of the same
stree!i provided, however, tshats no more than sixteen (15)
Newaracks ehaI1 be allowed on any one block.
9
Sec tioD. 10: s for intenance a-ad Inatal atioa.
A No Newsrack
(30) inches
shall- exceed five (5) feet in height., thirtsy
in width, or Ewo (2) feet in thicknese,
B No Newerack Ehal1 be used for advert,ising sigms or
publicity purpoE e€r other than tha! dealing with the
display, gaIe, or purchaee of the newspaper or news
periodical 6o1d therein.
Each Newarack ehal-L have affixed to it in a readily
visible place Eo as to be seen by anyone using tshe
NewErack, a notice setting forth the na-ure and addreEs of
the di8tributor and the telephone nru cer of a working
telephone gervice tso call t,o report a malfunction, or to
secure a refund in tshe event of a ural function of the coin-
return mechanism, or to give the noticeE provided for in
thi6 Ordinance .
D
l0
Any Newsrack which in whoLe or in part resE,s upon, in or over
any public eidewalk or parkway, shall compJ.y with Ehe following
gtandards:
C. Each coi.n-operated NewErack shall be equipped with a coin-
return mechanism to permit a perEon uEing tshe urachine to
aecure an iuurediate refund in the eve[t tshe person ie
unable Eo receive the paid for pubtication. The coin-
return rnechanism eha11 be naintained in good working
order .
Each Newsrack Ehall be mainE.ained in a neat and clean
condition alrd in good repair at aI1 times. Specifically,
but vrithout limiting the generality of the foregoing, each
Newsrack shall be eerviced and maintained so that:
(1) It iE reasonably free of dirt and greasei
(2) It is reasonably free of chipped, faded, peeling and
cracked paint in the visible painted areas ttrereof .
(3) It' ia reasonably free of rust and corrosion in the
thereon;visible unpainted metal areas
(4) The clear plastic or glaEs parts thereof, if any,
through which the pubJ.ications therein are viewed
are unbroken and reagonably free of cracks, denta,
blemishes and digcoloration;
(5) The paper or cardboard parts or insert,s thereof are
reasonabJ-y free of teara, peeling or fading; and
(5) The 6tructural part6 thereof are noE broken or
unduly misshapen.
Sec t ion 11 : Violations.
Upon determination by tshe GrowEh Management. DirecCor that a
Newsrack has been installed, used or maintained in vio1aE.j.on of the
proviaions of tshig Ordinance, an order Eo corrects the offending
condiEion ehall be iEsued to the distributor of the Newerack. Such
order sha11 be telephoned to Ehe distribulor and confirmed by
E
II
mailing a copy of t,he order by certified mail return recej_pt
requested. The order ahalI specifically deecribe the offending
condj.E.ion, suggest actiona rreceseary to correct the condition, and
inform the New6rack distribubor of the right to appeal . Failure to
properly correct Ehe offending condition within five (5) days
(excluding Saturdayg, Sundays, and legal holidays) af t.er the
mailing date of the order or to appeal the order within three (3)
day6 after it6 receipt. shaI1 result in Ehe offending Newsrack being
su-mmarily removed and proceseed as unclaimed property. If the
offending NewErack is not properly identified aE to owner under the
provisions of Section 8 hereof, it shaIl be removed inurediately and
processed as unclaimed property. An impound fee, which sha1l be
measured by the City, s coBt and expense of impounding, sha11 be
aEse6Eed against each Newarack surmarily removed. The Growth
Management Director sha1l cauEe inspection to be made of the
corrected condition or of a Newsrack reingtalled after removal
under thia Section. The distributor of 6aid Ne\,rErack ehaLl be
charged a $10.00 inspection fee for each Newsrack so inspected.
This charge shall be in addition to a1l- other fees and charges
reguired under thiE Ordinance .
Section 12: Appeals.
Any person or entity aggrieved by a finding, determinaEion,
notice, order or action tsaken under the provieione of t.his
Ordinance may appeal and 6ha11 be apprised of his right tso appeal
to t.he City's Code Enforcement Board. An appeal must be perfected
within ten (10) dayE after receipt of notice of any protested
t2
decieion or action by filing wiEh the Office of the Growth
Management Dj.rector a letter of appeal briefly statsing Lherein the
basie for such appeal . The Grovrth Management Director Bhal1
gchedule the appeal hearing within ten (10) daye from receipt of
the lett.er of appeal . The appeal heari.ng shalt be conducted within
forty (40) days from receipt of tshe letter of appeal . The
appellant, shall be given at leasts five (5) days notice of the E.ime
and place of the hearing. The Code Enforcement Board eha1I give
the appellant, and any other interested party, a reagonable
opportunity to be heard, in order tso show cauae why tshe
determination of the Growth Management Director should rrot be
upheld. AE, the conclueion of Ehe hearing, the Code Enforcement
Board shall make a final and conclusive decision. Thie decieion
sha1l be irmediately appealable to a court of compeEent,
jurisdicE,ion.
Section 13: Abandoument.
In the event that a Newsrack remains emptsy for a period of
tshirty (30) continuous daye, the sa.ule shal1 be deemed abandoned,
and may be tsreatsed in the manner as provided in Section 11 for
Newsrackg in violation of the provisions of this Ordinance.
Section 14: Sewera.biliLy.
If any 6ecEion, eubeection, sentence, clauae, or phrase of
thie Ordinance is for any reaEon held to be invalid or
uncons tsi tsutional by the decieion of any court of competsents
jurisdiction, such decision shaIl not affects the validity of the
13
remaining portions of thiE Ordinance.
Section 15: Corflicts
A11 Ordinancea or parts of Ordinanceg and all ResoluEions or
part6 of Reeolutj-one in conflict herewith are repealed to the
extent of euch conflict..
Section 15:Effectiwe Date
This ordinance ghall be enforced and take effect thirty (30)
daya after adoption by tshe City Connission.
PASSED AND ADOPTED ON FrRST READING on 13th day of August,
day of August , 1995.
THE CTTY OF FLORIDA
BERTI r-C ctsr.oner.J
ATTEST :
MARIE .f .ci ty Clerk-Auditor
CORRECTNESS:
ity Attorney
AP FOR
L4
ORDINANCE NO. 14-96
1995.
27 thPASSED AND ADOPTED ON SECOIID AND FINAIJ READING on the
FORT
30cA
STATE OF FLORIDA
C OUTITY OF BROTARD/P AL}t
8E FO THE UN
SUil-SEf{TIllEL
PUBLISHED DAILY
LAUD€RDALET BROIARD C OUtlTYe FL0RIDA
RAT0ltr PALtI EEACH COUt{TYe FLORIDAllIAltIr DA0E COUIITY, FLORIDA
t{oflcE oF HEARIIGAEFORE CITY COM.
MISSION CiTY OF DANiA,FLOFIDA. REOARDINO
'AOOPTION OF THE FOL..LOWING PNOP OS ED
OBDINANCESNOTICE IS HEREBY GIV.EN rhat lhs Cltv Commls-slon ol lh€ Clli ot DEnl6,
florlds. on Augdsl27, 1996.et 7:30 p,m, or as aoonlh.r6alt€r eB lh€ mall6r
mav b6 h6erd. wlll conducle p-ubllc h€arlng h lh€ CllY
C6mmlsslon room oI lh€
D6nla Cltv Hall. 100 Wesl
Oanla B6sch Boul6vard,Denle. Florlda lo consldorlh6 propo3€d adopllon olths lollowlng ordln6ncegenlltl6d:
"AN OROINANCE OFTHE CITY -OF DANIA.FLORIDA, ADO PTINONEWSFACK REO U LA.
TIONS: PBOVIDING FoRAND SCOPE OF THE
^ NEWSNACK OFDINANCE;^ PRovtDtNG FoR DEFINI-
TION S i PROH IBITINg
NEWSBACI(6 IN CEBTAIN
LOCATIONS AND UNOEA
CEFTAIN CONDITIONSi
FEQUIRINO A PEBMIT TO
MAINTAIN OB OPERATE ANEWSRACK: PHOVIDINGFOR AN AP P LICATIONFOB A NEWSRACK PER.
MIT AND PROVIOING CON-
DITIONS FOB ISSUANCE
OF A NEWSRACK PEFIMITi
PROVIDING FOR A HOLD
? It HAFMLESS AGREEMENT
WITH THE CITY OF DANIAI
REOUIRING NEWSRACK
IDENTIFICATIONi BEGU-I E34047( Ffl,}f,lIF lRSoILo,I:
BEACH/DADE
a
RSIG].IED AUTHORITY PERSO?{ALLY APPEARED
./ u-25. t--..'.-a'. . . . . . . . . uH0 0r{ 0ATH sAys THIT
I{OTICE
II{ TTIE IIATTE R OF
}I€IS RAC X
Ita TltE CIRCUIT COURTT IIS PUBLISHED ll{ SAID IIEISPAPER
THE ISSUES OFC t0El77tl L
AFFIAilT FURTHER SAYS THAT THE SAID SUN.SEI{TIIIEL IS A
-:ISPAPER PUBLISHED III SIID BROIiARD/PALtt EEACH/DADE
JUITTYT FLORIDAE AIID THAT THE SAID IiEYSPAPER HAS HERETOTORE
EEEI{ COXTII{UOUSLY PUELISHED IN SAID BROIJARD/PALIT BEACH/DADE
C0UI{TYz FLORIDAT EACH DAYr AND HAS BEEN EIITERED lS S€COND
CLASS IIATTER AT Tl{E POST 0FFICE Il{ FORI LAUDERDALET IN SAID
BROIARD COU TYT FLORIDAE FOR A PERIOD OF OI'IE YEAR I{EXT
PRE'EDING THE fIRST PUBLICATIOI{ OF TH€ ATTACHED COPY OF
ADUERTISEIIEI{Ti AIID AFFIAIIT FURTHER SAYS THAT HE/SHE HAS
t{EITHER PAID NOR PR0l{ISED ANY PER50l{r FI Rll 0R C0RP0RATI0N
ArlY DISCOUIITT REBATET COltlllSSI0N 0R REFUtID F0R THE PURPoSE
OF SECURI}tG TI{IS ADYERTISEIIEHT FOR PUBLICATION II{ SAID
HEUS PAPER.
HE'SHE IS A
CLASSIFIED
LY
AR
I{EISPAPER PUBLIS
FLORIDA THAT THE
(SI6ilITURE OF }iOTARY PUBLIC
AUTHORIZED REPRESENTATIVE OF THE
TllEt{T 0F THE SUN-SEt{TIHELT DAILY
HED IN BROI'ARD/PALII BEAC}I/DADE COUHTYT
ATTTCHED COPY 0F ADVERTISEtIEIITT BEIt{G
lln t. Eax
rv colltss0t , cc8s6d] Bm€s
.Ur 20. ttq,
BEF OF N EWSBACKS:PROVIDING FOR THE
MAINTENANCE AND IN-
STALLATION OF NEWS-
BACKSi PROVIDING FORTHE DETERMINATION OF
VIOLATIONST PROVIDING
FOR APPEALS: DETER.
M IN INq N EWS BACK
ABANDONMENT| PFIOVID-
^lNO FOR SEVEFABILITYiIPBoVIDING THAT ALL OB.'BINANCES oB PARTS OF
ORDINANCES ANO ALL
RESOLUTIONS OR PABTS
OF RESOLUTIONS IN CON-
FLICT HEREWITH BE FE-
PEALED TO THE EXTENT
oF SUCH coNFLICTi PRo-VIDINg FOR AN EFFEC.
TIVE DATE,'A copy ol lhls propos€d
ordlnencb ls on llle ln lhs
, olllco ol lh6 Clly Cl$k, Clly
Hsll. 100 Wesl 03nla B6ach
Boul6verd, Dsnl6. Florlda,6id may L'e lnspeclgd hY
the publlc durlng nolmol
worklnq hour8,
lnloroBl€d Psrl168 maYeoD6er il lhs 6lor63ald
nie€llng and bs heard wllh
roao€cl lo lh€ Dropo66d.Any porson who docldeslo eoD.al anv docl3lon
madd by lho C{ly commls_.slon wllh r€Ep3ct to anymatlsr consldsr€d al lhle
hoarlno wllln€€d 6 r6cord olth6 pioc6€dlngs End lor
such purposo niay n66d lo
,€nsur€ thal a verbalim re-
cord ol th6 procsedlnqs 13mad€ whlch rscord ln-clud6s the t63llmony and
svldBnce upon lhe appoel l3ro b€ based.ln accordanco wllh lh6Amerlcan! wllh Olsabllllle3
Acl, psrsons nesdlng assls-
lanc6 lo oarllclDato ln anvol lhe oroc€edlnos should
contacl'Mar16 Ja6el6€, CllYct6rk 100 W€sl Danl6
Beach Danls Florlda 33004945-921-8700 6rt. 202 et
l€6rt 4g houre prlor to lho
mecllno././ifarh Jabalo!
Cltv Cl6rk *_
auguil t7, 'ts96
(SIGNATU OF AFfIANT)
SYORII TO TilD SUBSCRIBED ilEFORE I{E
....a/.'.
THIS 17 DAY OF AUGUSTA.D. 1e?e
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m.0nfr,|rtormx [it.
(llAllE 0F NOTARY TYPEDT PRI I'ITED R STAI{PED)
PERSOHALLY KNOBN OR
J$ryq\
...qrfu:
PRODUCED IDEITTIFICATIOII ..