HomeMy WebLinkAbout36656 - AGENDAS - City Commission � f
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MINUTES
DAN14 CITY COMMI^SION
SPECIAL MEETING
` JANUARY 16, 1996
Present:
Mayor: Bill Hyde
Vice Mayor: John Bertino
Commissioners:
Albert Jones
s, Bob Mikes -�
City Manager: Mike Smith
City Attorney: Frank Adler L` Y
City Clerk:
Marie Jabalee
9 a Absent:
Commissioner: Bobbie Grace
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1. Discussion and possible action regarding Wackenhut work r elease facility. f ,
x City Manager Smith advised that Attorney Earl G. Gallop, Bailey & Jones, has provided
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1( ' a written legal opinion confirming that the City is on fir
m ground in denying e permit
for this particular use. A resolution has been provided for possible adoption h
sconnfirming
that a residential work release facility is not an approved use in a B-3 Zoning District
and approving a Moratorium on building permits for Broward County Detention Facilities
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for a period of six months.
Mayor Hyde asked for an explanation on why this Special Meeting had to be called
tonight when the process is not complete on this request. City Manager Smith advised
that staff is denying the request and the meeting was scheduled in case the
1 Commission wanted to give additional direction on the matter. Commissioner Mikes r
i advised that he requested the special meeting due to his concern for public health and
j: safety with this type of facility.
At the request of Commissioner Jones, City Manager Smith explained that the
detention facility is not a permitted use because it is not a hotel, motel, rooming or
boarding house use and is not a publicly owned or operated building.
City Attorney Adler advised that Dania Code provides for a use to be specifically named
and if the use is not specifically named then it is not a permitted use. There is nothing
in the permitted use category in the Dania Code to allow this detention facility which is
�d
r= SPECIAL MEETING
1 JANUARY 16, 1996
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• The B3 category under the Broward County Zoning Code also allows any use
permitted within the B1 and B2 categories. An express permitted use under the B2
zoning category is any publicly owned or operated use.
Attorney Siniawski stated that although he has not reviewed the City's legal opinion, he
believes that the use fits the very definition of publicly owned or operated. He then
compared information on actions taken by the Florida Appellate Courts when
addressing issues on what constitutes a public use verses a private use.
Ron Gunzburger, Esq., Eckert Seamans et al, advised that around two million dollars in
improvements will take place over the next two months on the property. The new
[' •: business will employ some 50 people that may be Dania residents. The detention
► facility will spend over $400,000 in Dania for food, trash removal and other supplies and
(� services and over $200,000 a year in taxes, sales taxes, utilities and other fees. The i
t + Administrative Order No. III-95-C-11 excludes any violent criminals and sexual ! '"
a offenders. The 300 bed detention facility will house low-risk and non-violent offenders J �,
with one-third of the population being DUI offenders going through a treatment program
and around 50 women.
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Mayor Hyde stated that there is a difference of opinion on the use of the facility. This is y
private property that is owned by a private company that wants to run the detention
facility for profit which does not meet the public use definition. The City has a right to
W follow its Code by passing the resolution. a
i Commissioner Mikes understood that Broward County approved a 300 bed facility but
clarified that the construction site plan shows a 416 bed facility as stated in the
s. Resolution.
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" Commissioner Jones mentioned that the employment opportunities would be good for
Dania but that the City cannot go against code requirements regarding the use.
A motion was made by Commissioner Mikes, seconded by Vice Mayor Bertino to pass
i the amended resolution. y '
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` The motion passed on the following roll call vote:
Commissioner Jones - yes Commissioner Mikes - yes
Vice Mayor Bertino- yes Mayor Hyde- yes
This meeting was adjourned. f "
' MAYOR-46WSSIONER
i s CITY CLERK AUDITOR
SPECIAL MEETEVG 3 JANUARY 16, 1996
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SENT BY; ; 1-16-96 3:38H, BAILEY HUIVi� 8'L120U4i8 2
ffi & X 0 R A N D U M
TO, Mike Smith
Will Allen
FROXI 9=1 G. Gallop �lv
Rat Privately operated county detention facility . .
DMI January 15, 1996
Al
{ IPTBDDIICTIOH .
This memorandum responds to your request for advice Whether a —
non-secure residential work. release facility is an authorized use " yy�
in a B-3 zoning district. The advice given 3n this memorandum I l
addresses the contentions advanced by counsel.. for Wackenhuti
Corrections, Inc. in support of his argument that the work release
i� faoilitp is an aathOrilad Use. '
BTATSlOM-OF FACTS
The proposed residential work release facility use is
described is tbe'Seventsenth Circuit Court administrative Ord
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a '8roward County Detention Fae;lity. o. Sae 9 2, •Admin. Ord. so,. i
,f III-9.5-C-lie The use in proposed for a location in a 3-3 (genera] I{
business) zoning district that was annexed from unincorporated
Br&A rd County into the city. It will be owned and operated aped
k: private provider. The eroward County Zoning. Code. applies to uses
i in the annexation area, and to development restrictions and '+
a requirements, pursuant to city ordinance no. 33-91
a detention facility is ant a specifically listed permitted
( use is the Sroward County zoning Code. In the absence of being -a
specifically listed permitted use, I.reviewed will Allen's copy of
the code to detamnine if the use is (1) a •hotel, motel, mozitaq or
Y boerdiag house•, which is allowed in n .u-2 districts or "a public
use permitted under the zoning regulatiions. 0 Bee t" November. 15,
1995 letter from Mr. George I. Platt, counsel for Wackenhut. w t
III. DISCUSSION
! The groward County Zoning Code fists specific authorized uses
B-1, B-2 and B-3 zoning districts. Bee, e.g., 'No building . ..
hall be . .. used ., for other than, one or more of the following
fi uses. .. . " 5 39-940 (B-2 Comanaity Business District).,
nnty' detention facilities, work release facilities, and similar
orrectioaal facilities are not listed authorized uses under the
orard- County Zoning Code. Counsel for Wackenhut argues that the
sad facility -is an 'authorized use because it in similar to :
ient lodging facilities ( ,please note that residents Will be.
®ARZY &&ONES
A PROMS ICNA4'A"CCIASIGN'
AMRNR/AT LAW
JAN-16-1996 16:7B P.02
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SENT BY; ; 1-16-96 3:38PW ; BAILEY HUN14 UZ1=4;a 3
like Smith
A311 Allen
8 151 '1996
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charged to stay an the premises."), and it is a public use ("A HI `.
district also expressly allows for certain' . ..., public uses in)
A. Hotel, Motel, .roomtag or boarding hone use.
A residential work -release •facili is C 'facility a hotel, awtei,
., roasaitt4 or boarding house . use. It lacks the.• ds;ialngrI'.
characteristics of being .open to • the cand . 1
Phi catering. to E-
population*. Bea $ 39-1Z8 (defining Houl, boflgiag. aoase,
and Natal) , "Aoogsiaq• and "boarding"' house is:cot defined..
.H • Aublic use` t A permitted Hader the. soaiaq regulations. � j
A residential work release facilityis {
broad ■ Pic district., ' Sects n
public use category in a B-2 b ineas district.' Section
399-940(10') allows limited public uses that-cater to the needs of a , t
or us"t inCiu allow only-
os community buildin and
operated bailainga. 6 ':
Y 4s► p��.,• P1aYgrmuxir. . .. `
The proposed facility will not be publiclyowned or Sven a operated.
it it is, the use is not similar is charabter or nature to. a
„ Community building, -park or P1475round. 90e $ 39441(4) '
pp ( therising similar -uses.) . . 7
r' Please do not hesitate to call ma-if you have any commants or ,
gwwtions abe'ut the subJect matter of this memorandum. '
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1 "Public use" is not defined, Mmover, Nonresidential Use
defined to include governmental buildings.. The only definitions
or 90vsrn®ental buildings in the code pertain to GaveriMeatal
stration baild1i4gs and Governmentally Owned.: or . Operated ..
sideatial Care Facilit[ier] for the 8ldarly or Handicapped.
"Public use, is nowhere defined 'to include county detention
': ail.ities.
BAILEY & JGHEffi
I jC PROM"PONAL ASSOCIAMCM
.AT7 RMM AT LAW,
JAN-16-1996 16:38 P.03
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SENT BY; 1-18-96 t 3:39PU BAILEY HUNTS 9212804;9.4
A RJ58am"1OH OF .THR'CITY•CO29[IBBIOA OF CITY OF Dmut
FLORSDA; REMATING TO LAM USNI CONCLUD THAT A PROPWIM
RNSIDMMIUL WORK R=MSS tAC=TY I8 -JM APPROM'USB
IN A S-3 RDFZNG DISTSICT; APP A momwoRnm ON
. SUSLDING PMWTS FOR DSTBNTIOST'FACILITIES
-FOR A PDXOD OF S= ; PROVIDING FOR SBVSRAB=Tr;
PROVIDIM ra ims mUTIOM IN CONFLICT; A1®j PROVIDIN0 AX
VURRUs ' by ' Adaiaietra'tive 'order No,. .'.ITI�95-O•lI,• the y
Honorable Dale Rosa, Chief lodge of. the,• Seventeenth andi,cial
f . Circuit Court .authorised•-the sheriff of Bragard. Connty,. actiug'as +
t the Browerd County Chief Correctional off,icar, to classify, assign ;
and transfer at his .discration .certain specified post-convictiaa !"
county misdameanor and second and thud degree• felony. J*atee.••to
any .of .the Broward Caunty Detantion Facilities- and,
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v IM9RUSr Broward County Detention .Facilities includes "
residentls.]: .wdrk .xelease .facilities; 'and
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WBBRB]I8; Wackenhut Corrections, Inc., .proposss to establish A
t 416 bad, novowure•residential work release facility at a location
komm as. the ghftsm Z led at 246O State "Road" 84, and the. i
facility will be o:: sd �apocaterated by Wackenhut Correctioaa, Inc.. ;
and,
.. " '.ray+!.�.-.�.2v ..:=....,: . . 1 •
1 ; 1REREAB, the location far .ths proposed 416 bed:work. release
facility is is an azsa that is. son*d 2-3. (General Mwiness
District) that was annexed by the City of Dania from unincorporated,.
Broward Coaaty; and,.
WH6RUSP. the City Commission, by Ordinance No. 33-91, adopted
the Browaid County Son;lng Coda and made the prcvisions. of the code
pertaining to authorised land uses and development requirements and
=striations applicable the annexation 'Area, .. subject to the
conditions and limitations contained in the ordinance; and,.
i WASASASr by letter dated" November. 15, ' 1955; counsel for
eckenhut Correct da ions, Inc- contsn that the proposed work release
facility is an authorized use under the Broward County, Soning, Code
as either (1) a "hotel, motel, raoming or boarding house", cs .(Z)
°a public use Pitted under the zoning regulations,^ •xhich is;
lowed.in the zoning -district; and,
WORUs, coun".1. for the City of Dania contends that the
;roposed work release facility .is not ,an. authorized use for the
sans stated in his Sannary 1q., 19#6 memorandim; and,
W8aR8A8, the City Commission is further concaraed' that: the
ovation of an additional sty detention facility in the ,'
-TPN-16-1996 16:39 P.04
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SENT BY: 1-18-93 3:40PU BAILEY HUNT4 92128044 5
City, specifically a 416 bed, non-secure residential work. releass
facility, creates genuine additional public safety concerns which
must be idantified•and addressed before a building permit is issued
for the facility; and,
W91 the City Ce�ission desires to undertake. an analysis
of the additional .security needs created by operating anon-eeoure-
residential work release' facility.at this loostion, and to identify,
' funding scurces 'to met: sgch additional secnrity'.aeeds; :and, .
WES$►RAB, the. City Commission desires to establish a.bulIding
permit. moratorium, applicable to detention
facilities, for d Pori
od' of time not to exceed six mo. , amass
+;. further: .aztended by the commission, dorifto .which tc nualysa, ,
evaluate, determine the used for additional secpritp :and
escure, 3ondiag for those•meaauzea. ;.
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. WBSR8A8,•true sepias of hdmiaiatrative Ordsr 91o. .i22-95-C-11, •• .
Grdinanct ao. 33-91, Wackenhut couneel's November 15,. 1995-letter,
� `. and..the City of Dania's ,gonaael's January 15, 1996 mamarandun. gre
aanesed and made a part• of,•this resoluticaf and, .
NOW TBS8 MUM BS .IT R88OLM 8Y Tur CITY cOmmssrox dy To
CITY OF DAN38, FLORII771i ; : . .
is F,ection i. The-Whereas clauses are. incorporated and-made 1
a Part.-of this resolution.
eedticn 2. :' eased on the • advice ' of its counsel, the
Proposed residential work release facility is not an authorized {i)
"hotel, motel, roaming. or boarding house", OZ (s) "public use
permitted under the sgninq regulations;°.which is allowed.in the B-.
j1 • & soning district. .
i ' Boction".2. Regardless of the foregoing determination, a
building permit moratorium is hereby established. No application
for city plat approval; $its plan, approval, or other eotioa hewing'
the effect -of approving a Broward County detention facilit ,
7whether the facility is owned and operated by eroaard County,. or bYy
a private provider, shall be accepted by the city for the taxer of
this moratorium. The moratorium shall be in effect .for a period .of
Lima not to exceed six months unless further:extended by action of
city commission.
{ Section 3'. The city manager is directed' to prepare, sad
amaend to the city cclimission, .a work plan and time- schedule .for
g a security needs analysis, and securing necessary
ing, for any additional security measures necessitated by-the
ocnt:on and Operation of such a facility. The. city casmaissioa
'rill, act on the city manager's recommendations forthwith. . The city
RA"agar is also authorised to comm,"' ate with. representatives of,
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JFW-16-19% 16.40
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SENT BY: 1 1716-98 i 3:41PR BAILEY HUNT-6 0212304; 8
tba 'Broorard, County Sheriff"s OfUce, Wackenhut Correetions, Inc
and others, to aacampliah' the••work Plata within the aMoved timq
schedule. The aity manager will request ,such city cession work
ihoPa and meetingp an my:be.necessarg.
this ra is for �' aaictioa, alaus®, SOUten"k or phrase -of ••
this
-by s court of any.JGason hold invalid or unconstitutional
the co aas�pet0Ut Jurisdiction, the holding shall not affect
ty of t". remaining. porti,oas• of this .resolution. i
9mation s all resolutions or• pasta of rssolntions in .:
nconfl rith the.. pzas4s4oaa of this "solution.. also . hezehy
o Pta
• Th" zosolution aban-.two .effect,bmad"ts�Y
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PA99ED .Aw•A==`}his d°Y ci!
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1895: , u
C3T7 CLBRFC '
FOR-CC91a[I9SE0lfB& � `,, ° '
APPROM, PM.
r CORRECR9li888t ` �.
aalt' C. Adier,. CITY i1TY
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acc rt mans into the ='
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IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT IN
AND FOR BROWARD COUNTY, FLORIDA
ADMINISTRATIVE ORDER NO, III-95-C-11
IN RE:
r. PROCEDURE FOR THE CLASSIFICATION
AND ASSIGNMENT OF INMATES TO
WORK RELEASE AND TRANSITIONAL
r INCARCERATION PROGRAMS WITHIN
THE BROWARD COUNTY JAIL AND J,
OTHER BROWARD COUNTY DETENTION j :1
° FACILITIES; AND PROVIDING
DEFINITIONS
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In accordance with the authority vested in the Chief Judge by j
Rule 2.050 of the Florida Rules of Judicial Administration, and
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WHEREAS a serious potential overcrowding situation exists in the
Broward County Detention Facilities; and j
�.: WHEREAS Broward County is subject to a stringent federal court
,? mandate limiting County Detention Facility inmate capacity; and
WHEREAS the Broward County Commission duly designated the Sheriff
of Broward County as the Chief Correctional Officer for Broward
County, pursuant to Section 951.061, Florida Statutes, and Section
y 18-01, Broward County Code; and
WHEREAS the Sheriff of Broward County is responsible for
f � maintaining detention facility security and ensuring public safety;
and
' WHEREAS it is necessary and in the public interest to establish
administrative procedures to permit the Sheriff of Broward County, !" K
acting as the Chief Correctional Officer, to most efficiently, safely
and effectively exercise the lawful duty of operating and maintaining
the various Broward County Detention Facilities and correctional
programs,
NOW THEREFORE, it is ORDERED that:
1. The Sheriff of Broward County, acting as the Chief
Correctional Officer, is hereby authorized to classify, assign and
transfer at his discretion all post-conviction, fully county sentenced
misdemeanor and second and third degree felony Broward County
Detention Facility inmates to any of the various Broward County
Detention Facilities, subject to the other provisions of this
administrative order, including the limitations contained below in
paragraphs 6,7 and 8, and unless otherwise specified in writing in the
sentencing order by the sentencing judge.
2 . "Broward County Detention Facility," as used in this
administrative order, shall mean any county jail, county stockade,
u t work cam count residential probation facility, and any other
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transitional incarceration program, secured or non-secured, wherever
located, except any municipal detention facility, used by Broward
County for the detention of persons charged or convicted of either
felony or misdemeanor crimes.
3 . "County Residential Probation Facility" as used in this
administrative order, shall mean any county-operated or contracted for
detention facility, secured or non-secure, including but not limited
' to any facilities and programs specified in Chapters 33-9 and 33-35,
Florida Administrative Code, housing fully county sentenced offenders
serving misdemeanor or felony sentences and providing or contracting
for the provision of any work release program, transitional -
incarceration program, educational program, substance abuse
rehabilitation program, or any other program specified in Section 1
951 .231, Florida Statutes . Out patient drug treatment facilities,
whereby the offender resides at home, are not included within this
definition.
!' 4 . "Broward County Jail, " as used in all judicial sentencing orders,
E: shall mean any Broward County Detention Facility, unless ( 1) otherwise
specified in writing in the sentencing order by the sentencing judge
or (2) unless otherwise restricted by other provisions within this
J administrative order, including the limitations specified below in
paragraphs 6, 7, and 8 .
Work Release Program, as used in this administrative order, shall
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mean a program for fully county sentenced offenders serving
misdemeanor or felony sentences in a Broward County Detention
Y Facility, whereby said offender, pursuant to judicial sentencing
' . order, this administrative order and at the discretion of Sheriff of
(G' Broward County, is granted the privilege to leave the confines of a
county detention facility during necessary and reasonable hours,
subject to the rules and regulations prescribed by the court, to work
i at paid employment, conduct his or her own business or profession, or
participate in an educational or vocational training program, while
continuing as an inmate of the Broward County Detention Facility in
I which he or she shall be confined except during the period of his or
her authorized release.
6. "Transitional Incarceration Program, " as used in this
administrative order, shall mean a transitional, supervised,.
rehabilitative program, for fully county sentenced offenders serving
misdemeanor or felony sentences, whereby said offenders, after the
Sheriff of Broward County determines that said offender does not pose
a substantial security and safety risk to the community, is granted
the privilege to leave the confines of a county detention facility
during necessary and reasonable hours, subject to the rules and
n. ; regulations prescribed by the court, to work at paid employment,
conduct his or her own business or profession, or participate in an
educational or vocational training program, while continuing as an
!, inmate of the Broward County Detention Facility in which he or she
shall be confined except during the period of his or her authorized
release. An offender shall only be eligible for the privilege of
' assignment into the Transitional Incarceration Program during the
4• final sixty (60) days of his or her county detention facility
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Transitional Incarceration Program if either: ( 1) the sentencing judge
specifically prohibits said offender from Transitional Incarceration
Program eligibility in writing in the sentencing order, or (2) the
offender's total Broward County Detention Facility incarceration
sentence is sixty (60) days or less .
7 . A Broward County Detention Facility inmate shall be eligible for
placement into the Work Release Program, Transitional Incarceration
Program or other county residential probation program only if said
?:. inmate is: ( 1) fully county sentenced and (2) has local ties to the
community.
8. A Broward County Detention Facility inmate shall be ineligible for
placement into the work release program, transitional incarceration ; :1
program, or other county residential probation program if the Sheriff
of Broward County, as the Chief Correctional Officer, determines that
said inmate:
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(a) has open charges or detainers;
b) was ever convicted of sexual battery or other violent sexual
offense;
(2 (c) was ever convicted of any violent crime(s) that would cause
the inmate to be considered a threat to the community; E..
(d) has a severe mental or physical disability which renders
program participation unreasonable;
� . (e) previously escaped from any jail, prison or work release
program, or absconded from a previous community control (house i
1 ' arrest) sentence;
(f) exhibited poor conduct while serving as an inmate in any
} Broward County Detention Facility;
(g) was previously revoked from the work release program,
transitional incarceration program or other county residential
probation program due to drug or alcohol violations and has not
successfully completed a recovery program; or
ss (h) severe, recent criminal history.
t 9. The provisions of this order are purely discretionary, no
l sentenced violator/prisoner has the "Right" to participate in this
program. His/her participation is a privilege, granted by the Sheriff
of Broward County.
10. This is a temporary transitional order and shall remain in effect
for a period of one (1) year, and then expires unless otherwise
extended by order of this court.
DONE AND ORDERED in Fort Lauderdale, Broward County, Florida on
this day of November, 199
-DALE ROSS
A TRUE COPY 11,01V L 7 1995
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. DALE ROSS, Chief Judge
(Crim. Disk #4J)
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ORDINANCE NO.
33-91
:• ° ' �• AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,
�'' ADOPTING THE ZONING REGULATIONS OF BROWARD
y COUNTY, FLORIDA, AS AMENDED THROUGH SUPPLEMENT
^, NO. 63, WHICH SHALL APPLY TO THE RAVENSWOOD-
GRIFFIN ROAD ANNEXED AREAS; PROVIDING FOR
CODIFICATION; AND PROVIDING THAT ALL
ORDINANCES OR PARTS OF ORDINANCES AND ALL
` - RESOLUTIONS OR PARTS OF RESOLUTIONS INi
CONFLICT HEREWITH BE REPEALED TO THE EXTENT OFSUCH 11
c'1 DATE, CONFLICT; AND PROVIDING FOR AN EFFECTIVE t
4Y
HE IT ORDAINP.D BY THE CITY COMMISSION OF THE CITY OF DANIA, '
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4'kq FLORIDA:
Section 1. That the zoning regulations of Broward County,
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Florida, as emended through Supplement No. 63, be end the same are
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hereby adopted by reference, which shall apply to the Ravenswood- I
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Griffin Road annexed areas. }
Section 2. That a true copy of said zoning regulations of _
:j Broward County, Florida, signed on the cover page thereof by the
:.' mayor and the growth management director for identification, shall '
i ys
be kept in a secured file in the o££ice of the growth management
director with a duplicate copy, with signatures, to be on file in ,z
r : ae the Office of the City Clerk.
Section 3. It is the intention of the Dania City
Commissioners that the provisions of this ordinance shall become
and be made a part of the Citv of Dania Code; and that the
sections of this ordinance may be renumbered or relettered and the
' word "ordinance" may be changed to "section` ' ," "article," or such
other appropriate word or phrase in order to accomplish such
p intentions.
33-91
s' Ordinance No.
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~'ECKEra SF"ANS CI-11EM &MELLOT r
e
November 15, 1995
First Fort Lauderdale Plnce Hon. Frank Adler
100 Northeast Thint Anenue City Attorney
t Fort Lauderdale.FL33301 City of Dania
Telephone3051523.0400 100 West Dania Beach Blvd.
` Facsimile 3051523-7002 Dania, Florida 33004
Re: Wackenhut Corrections Corp.
Dear Frank:
On behalf of our client, Wackenhut Corrections, thank you for taking the time to meet ` }
with us on November 13, 1995. As we discussed, Wackenhut has been selected by the f 1
Browazd Sheriff's Office to provide 300 "beds" for a work release program intended to
{ be a part of the Sheriff's overall corrections program. The institution of the work release
f . '
} program is a cooperative effort of the Sheriff, the County and the Browazd County ( ;i
'c' { judiciary. Under the program, eligible non-violent sentenced offenders will be assigned
1 to work release in an alternative, community based residential facility from which they + ,r
G ' will go to their respective jobs and return after work. Residents will receive counseling I
and training while not at work. The facility itself will be nonsecure with the exterior
appearance of a landscaped motel, but without signage.
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As a result of its contract with BSO, Wackenhut has selected the Choice Inn on State `
JY,
Road 84 as the site of the work release center. The property is currently in a run down
condition. Wackenhut plans on spending in excess of$3 million to refurbish and upgrade
the structure. All surrounding residential property was acquired approximately five years
ago by the County and is unoccupied. The only adjacent use is another motel whose
• owner welcomes Wackenhut's upgrading of the Choice Inn.
!' We researched the applicable zoning of the Choice Inn site reflected in the
Fort Ltnnrnlalr WackenhutBSO contract and found that the proposed use conforms to Dania's zoning
regulations. The property had been within unincorporated Browatd County until it was
I Boca Raton annexed by the City several years ago. As part of the annexation, the City enacted
Miami ordinance 33-91 in which the City adopted Broward Counry's zoning regulations
governing this and other properties annexed by the City. The Choice Inn site is zoned
Taltahasm, B3 under the City's adoption of County zoning. Under these zoning regulations, in -
+ PiHshurSh
addition to the expressly permitted uses in a B3 district, any use permitted in a Bl or B2
district is also permitted in a B3. A B2 district allows for a hotel, motel, rooming or
Harrishnrn _ boarding house, consistent with the proposed residential use. Please note that residents
t` will be charged to stay on the premises.
..t Allrnhnrn
•r I'hrindrltdun
Baton JEFFREY S. SINIAWSKY r
9541 768-5343 ;
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ECKERT SHAMANS CE iER1N&MELLOTr
November 15, 1995
Frank Adler, Cit; A B2 district also expressly allows for certain noncommercial uses, including public uses.
Attorney The operation of this residential center pursuant to a contract with the Sheriff as part of
Page 2 the Sheriffs overall corrections program and as authorized by the courts'and the County
is a public use permitted under the zoning regulations.
--- -----•- It is intended that the Sheriff will be acting through Wackenhut in the operation of this fmt �
important component of the Sheriffs corrections program, one of the most fundamental
aspects of government administration of the criminal justice system. As such, the work g F
release center is a public purpose and use, is permitted within the zoning regulations ,
governing the Choice Inn site and no action is required on the part of the City j F
Commission to approve Wackenhut's use of this property. You confirmed that when the
zoning fits the intended use, no City Commission action is required.
Again, thank you for taking the time to meet with us. Should you have an I "
•� Y Y questions
concerning the above, please do not hesitate to contact us. } ;
f With best regards, we remain
Very truly yours,
e
eorge latt Je rey, . Sinia ysky
SS/ n ->
Encls.
cc: George Zoley, Wackenhut Corrections
' Susan McCampbell, Director of Corrections, BSO
Pete Corwin, Assistant County Administrator
John Copelan, County Attorney
i Chief Judge Dale Ross
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1213 South 30th Avenue
Hollywood Florida 33020
Brow: (954) 927-4404
Dade: (305) 625-0509 4
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MINUTES
DANIA CITY COMMISSION
WORKSHOP MEETING
j JANUARY 16, 1996
PRESENT:
MAYOR: BILL HYDE
VICE MAYOR: JOHN BERTINO
�j COMMISSIONERS: ALBERT JONES
.r BOB MIKES
CITY ATTORNEY: FRANK ADLER1.7
ux ( CITY MANAGER: MIKE SMITH
�r CITY CLERK: MARIE JABALEE
ABSENT:
COMMISSIONER: BOBBIE GRACE Y( I
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1. Comprehensive Plan Update
f ? Will Allen, Growth Management Director, advised that Leigh Kerr is working with j
the City as a consultant on updating the Comprehensive Plan. The E.A.R. `� • tx;
r; I (Evaluation and Appraisal Report) will need to be approved in March to be sent
to the Department of Community Affairs for review and comment. The City has
one year to update the Comprehensive Plan after the E.A.R. complies with DCA
comments.
5 r.y4N
Leigh Kerr, Consultant, presented information on the E.A.R. (Evaluation and
Appraisal Report) based on a five year period and presented an overview of the
�vF{Yk
steps involved in updating the comprehensive plan.
' t The Commission discussed the need to encourage commercial development and
presented their recommendations on major areas of concern in controlling land
use to ensure compatibility. The Commission expressed their desire to
' cooperate with staff in completing the plan process as soon as possible.
z. Sign Ordinance Review
City Manager Smith mentioned that there are areas of the City that are
deteriorating because the sign ordinance has not been enforced for a number of
years. ��
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1 WORKSHOP MEETING 1 JANUARY y` 16, 1996 x 7
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Will Allen, Growth Management Director, explained the problems encountered
with non-conforming banners and temporary and permanent signs in the Griffin
and Ravenswood Road areas. Confusion comes into the enforcement issue
because the City uses three sign codes for different areas; Broward County
` Zoning Ordinance, the Downtown Dania Development District and the Dania
Sign Code.
The Commission agreed that there are eno
ugh
h g Sign Code requirements and that -.
staff should proceed to enforce violations on temporary signs and gross banners.
r Will Allen agreed to send letters notifying people of a six months compliance
;4
' period and their right to request a variance from the Commission.
3. Creating homepage on the Internet 1
to
City Manager Smith mentioned that the Internet, commonly known as the World
Wide Web, is being used as a marketing tool by governmental agencies and
businesses. Mr. Smith thought the cost would be around $2,000 to create a i{
homepage and connect to a server� on the Intern
et.
Discussion followed on the need to establ
ish acommittee of City and Chamber �
of Commerce staff members to determine what information should be provided
on the homepage and define additional considerations for Email, maintenance i
and cost verses usage. Commissioner Hyde agreed to provide his computer "
,f expertise.
a. Creating newspaper rack ordinance.
City Manager Smith presented model ordinances from the City of Coral Springs
' and NIMLO (National Institute of Municipal Law Officers) for addressing the
City's newspaper rack problems. Commissioner Jones expressed the need to
t, make the vendor more responsible for the maintenance of the newsracks that
" are creating an eyesore in the City. IT
City Attorney Adler recommended to have the Commission submit their likes and
dislikes from the sample ordinances so that he can bring back a draft ordinance
for review.
This meeting was adjourned.
� .
�h YQR-COMMISSIQ ER
x CITY CLE U T R
WORKSHOP MEETING 2 JANUARY 16, 1996
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Chapter 3
ADVERTISING°
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Art. I. In General, §§ 3.1-3.17
4 Art. IL Signs, §§ 3.18-3.40
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ARTICLE I. IN GENERAL
Sec. 3-1. Enforcement. 'F
It shall be the duty of the building inspector and the police department of the city r
!r to strictly enforce all the provisions of this chapter. (Code 1971, § 25-6; Ord. No. 222,
Al 6, 9-25-79)
r, 1
Sec. 3.2. False, misleading advertising prohibited.
It is unlawful to publish or place before the public, in a newspaper or in any other
f
way, an advertisement of any sort regarding goods or services offered to the public for �•• ,�a
I sale or distribution and containing any representation or statement of fact which is
,i untrue or misleading, with intent to sell or in any way dispose of such goods or t
S 4 services, or to induce the public in any manner to enter into any obligation relating "
thereto or to acquire title interest therein. (Code 1971, § 25.1;Ord.No. 222, § 1,9-25-79) i
i Cross reference—Fake and fraudulent sales, §§ 21-2, 21.3.
t State law references—Misleading advertisements, F.S. § 817.06; advertisements
or representations of goods manufactured by blind persons, F.S. 413.021(2). ?
\ „• tom,,,
Sec. 3-3. Deceptive advertising. >
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It shall be unlawful by means of exaggerated variations in the comparative size,
location or position of letters, figures or other markings or characters in any price tag, v \
or other public representation of any nature whatsoever, to mislead or deceive the
public as to the true nature, price, quantity, quality, brand or character of any goods or
services or as to the nature of, or the reason for, the sale so being made to the public.
(Code 1971, § 25-3; Ord. No. 222, § 3, 9-25-79)
I
• Sec. 3-4. Food and drug advertisements to conform to label.
t '
Any advertising regarding an article of food or drug, whether by means of signs,
posters, placards, handbills, newspapers or magazine advertisements, displays or by
any other means whatsoever shall be subject to the same requirements as for labels,
wrappers, circulars and other descriptive matter in or on the immediate package of the
article in question. (Code 1971, § 13-7)
{ ! *Cross references—Licensing of advertisers, § 15.12; price signs required at gasoline
stations, § 17.19; advertising schemes of chance, § 17.45.
Supp. No.42
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§ 3-5 DANIA CODE
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Sea 3-5. Price reductions must be bona fide.
It shall be unlawful to advertise or otherwise represent to the public, in any
manner whatsoever, a reduction in the price of any goods or services, of whatsoever
kind jfered to the public, where the reduction is not based upon a previous bona fide
sale price or cost price previously advertised or represented to the public for the articles
or services so offered to the public. (Code 1971, § 25-2; Ord. No. 222, § 2, 9-25-79)
w: Sec. 3-6. Billposting on public property.
It shall be unlawful for any person to advertise by sign tacking or advertibing by
a tacking, pasting or tying on poles, posts, trees, buildings, fences or other structures n,
located on public property in the city. The person or company named on such bill shall ; >
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be held responsible for the placement. (Code 1971, § 25-4; Ord. No. 222, § 4, 9-25-79)
State law references—Regulation of outdoor advertising generally, F.S. 479; '^
f, advertising on or near highways, § 479.11.
1 Sec. 3-7. Distribution of circulars and handbills.
No person, through themselves or their agents, shall distribute or otherwise
circulate handbills or other forms of printed advertising matter of any kind within the n
city without first obtaining a permit to do so from the city manager. (Code 1971, §
25-5; Ord. No. 222, § 5, 9-25.79) 1
Seca. 3-8-3-17. Reserved.
ARTICLE 1I. SIGNS°
a;
< Sec. 3-18. Definitions.
S
'• [When used in this chapter, the following words and phrases shall have the
t meanings respectively ascribed to them:]
Directional signs shall mean any sign erected within road right-of-way to help4 t
t �.
direct traffic safely throughout the city. �N
[ *Editor's note—Section 3-24 of this article, relative to the proximity of billboards
to highways, and § 3-38, relative to billboard advertising sign regulations, have been
deleted by the editor pursuant to Ord. No. 261, adopted April 28, 1981, § 1 of which
states that it shall be unlawful to erect a billboard advertising sign within the
corporate limits of the City of Dania, Florida. If provisions permitting billboard
advertising have not been deleted from the Code, then § 3 of Ord. No. 261, which
repeals all parts of Ord. No. 222, adopted Sept. 25, 1979, and all other ordinances or
parts of ordinances in conflict with the above-stated provisions, to the extent of such
conflict, shall govern. Subsequently, Ord. No. 14.91, adopted May 14, 1991, provided for
regulations pertaining to billboard advertising; §§ 1-3 of such ordinance have been included
herein as § 3.40.
i Formerly, §§ 3-24 and 3-38 derived from Code 1971, § 25-18 and Ord. No. 222, §§
t c ` 18(b) and 28.
C... Cross reference—Building regulations, Ch. 8.
State law reference—Regulation of outdoor advertising, F.S. Ch. 479.
`+ .pp.Su No 42
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ADVERTISING 3-23
Ground (Pole) signs shall mean any signboard erected, constructed or maintained
for the purpose of displaying outdoor advertising, as posters, pictures, pictorial or
„t reading matters, when such sign is supported by uprights or braces placed upon the
k, ground and not attached to any part of any building. (Code 1971, 1 25-18; Ord. No.
E , 222, 1 18(c), 0),9-25-79)
ote—Ord. No. 222,
Editor's 1 18Q), enacted Sept. 25, 1979, has been codified as
Editois n .�
part of 1 along with a change of catchline,at the discretion of the editor, in order E z,
to facilitate use of the Code.
Sea 3-19. Permit.-Required. "
r All signs allowed in this article require a permit issued by the city building
" department, except those exempt from permits by provisions herein. The owner of ill
r' signs shall be responsible for the permit number appearing on all erected signs. (Code )
1971, ; 25-17; Ord. No. 222, 1 17(a), 9.25-79)
14
A� Sea 3.20. Same—Application.
'j Before any person begins erection, posting or painting, use or maintenance of any
+ ss sign that is not exempt from permit by this chapter, he shall make application to the
t city building department and submit drawings and specifications as may be necessary
t
to fully advise and acquaint the inspector with the location, construction, weight,
materials and manner of illumination and of securing or fastening of such proposed
7 sign. If the sign shall be in accordance with the provision of this chapter and the citi
building code,then the building department shall issue a permit for the erection of any
„ ( F" such sign upon the payment of the prescribed fee. (Code 1971, 4 25-17; Ord. No. 222,1
'. 17(b), 9-25-79)
Sea 3-21. Same—License prerequisite to. .'
Na permit or erection or painting of a sign or neon lighting by a person or firm
shall be issued unless such firm or person shall have font procured from the city an
cxxupational license to do sign painting and/or neon lighting, installation and
maintenance. (Code 1971, 1 25.17; Ord. No. 222, 1 17(c),9-ZS-79)
Sea 3-22. Same—Fees.
Permit fees shell be paid as provided N o. 4 17(d),9-26 79)on rile in the office
of the
building department. (Code 1971, 1 25.17;
Cross reference—Sign permit fees, 18-3(b)(18).
Sec, 3.23. Special permission for banner signs.
i
Banding flap and streamers,or material may be erected
ner signs of any type,including gs on a
up no longer than thirty (30) days upon approval of the
temporary basis and may remain c
building official. For banner signs intended to be erected for more than thirty (30) days,
' permission must be obtained from the city commission. A building permit must be obtained
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DANIA CODE
1 3.23 /
{ from the building official upon approval.If banners are not maintained in good condition, they
must be removed. Official national and state flags and business flags or pennants when flown
with and on the same pole as said national or state flags are exempt from the provisions of this
section. (Code 1971, 1 25.18; Ord. No. 222, 4 18(a), 9.25.79; Ord. No. 4, 11, 2.22.83)
See. 5-24. Reserved.
[ Note--See the editor's footnote to Art. II of this chapter.
See. 3-25. Signs creating hazards.
No sign or support shall be placed in such a position or meaner as to obstruct or
interfere, either physically or visually, with any fire akrm, police alarm, UwTiic signal p {
or sign or any device maintained by or under public authority or ingress or egress from
any public or private right-of-way, roadway or driveway. (Code 1971, $ 25-18; Ord. No.
r 222, ¢ 25-18(d), 9.25.79)
r
!; Sea 5-26. Indecent or obscene displays.
' I No sign shall display .any statements word, character or illustration of any
obscene, indecent or immoral nature. Such characters or illustrations-shall include, but
need not be limited to,the characterization or silhouette of n nude figure or the words
nude, topless or bottomless. (Code 1971, $ 25-18; Ord. No. 222, 18(e), 9-25.79)
Sea 5-27. General maintenance.
All signs must be kept in good condition and neat appearance and every sign,
to framework braces, angles or other supports, shall be maintained in a
e ther with i anB
tog �
(y, safe condition properly secured, supported and braced and able to withstand wind
pressure as required by the South Florida Building Code or any other regulatory code
or ordinance in effect within municipal limits. (Code 1971, § 24-18, § 18(f), 9-25-79)
A '..
+ Sea 5-28. Painted signs on public property.
3 4
.4 d
s " Painted signs on streets, sidewalks or other public property are not allowed other
than those placed there by public authority for the convenience and safety of the
1 .
public. (Code 1971, 1 25-18; Ord. No. 222, ; 18(g),9-26-79)
Sea 5-29. Snipe signs.
i Snipe signs of any material including paper,cardboard,wood or metal,&ball not be
tacked, nailed or fastened in any manner to tress, poets or other objects on public
property where such signs do not apply to promises whereon it Is located.(Code 1971,1
25-18; Ord No. 222A 18(h), 9.25-79)
Sea 5-30. Variances and exceptions.
. [ The city commission may, upon proper application being made, grant a variance
permit or exceptional permit to permit the construction of any type of sign prohibited
- by this chapter, provided that such variance permit or exceptional permit is granted
( &sM Na 11
216
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ADVERTISING § 3.33
under the terms and conditions provided for in this Code concerning variance permits
and/or exception permits. (Code 1971, § 25.18; Ord. No. 222, § ISM, 9-25.79)
s
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a + Sec. 3.31. Inspection of signs; removal upon noncompliance.
Upon inspection by the building official, this chapter shall require the owner of
any sign found to be in defective condition or which does not comply with the terms,
tt conditions and provisions of this chapter to be repaired or removed within thirty (30) ,
days from the date of notice of such defect; provided, however, that if said building l }
official shall ascertain and determine that the maintenance or use of such sign shall
adversely affect the public safety, he may require the immediate removal at the owner's
r' es nse or prohibit the use of said sign until such defects shall have been remedied I
Pe
(Code 1971, 1 25-19; Ord. No. 222, § 19, 9-2b-78)
� .
} ? See. 3-32. Insecure, unsafe signs.
The building official shall have the authority, upon two (2) weeks notice,to remove
any sign which is not properly maintained or has been abandoned and without notice f
i in the event the sign is found, in his determination, to constitute a danger to human ;l
f; life or encroaches on public right-of-way. In the event of removal of a sign pursuant to
this section, the owner/lessee or agent shall bear the cost of removal in addition to the ?
' penalties in section 3.31. (Code 1971, $ 25.20; Ord. No. 222, § 20, 9-25-79)
Sec. 3-33. Restrictions in areas zoned for business or industrial Hass.
This section applies to and specifies the regulations and provisions prescribed for
the erection, display and maintenance of all signs displayed in all areas zoned for l
business or industrial uses.
(a) Identification signs. At all single- and two-family buildings, identification „
signs may be displayed as specified in subsection (a)(1) of section 3-34. °. .�
(b) For sale,for rent,for lease signs.Subsection (a)(2) of section 3-34 is applicable
to any single- or multiple-family building within the area of which this section
pertains; however, on vacant property a "for sale" or "for lease" sign may be
diplayed provided the total surface area thereof does not exceed ten(10) square
feet. On vacant improved property a "for sale" or "for lease" sign may be
displayed in or on a window of such building providing the total surface does
not exceed ten (10) square feet.
(c) Advertising signs at buildings under construction. Subsection(a)(3) of section
3.34 is applicable to any building construction within the areas in which this
section pertains; however, a sign may be displayed as to the proposed use of a
building and the proposed occupant of the building, providing the size and
construction of such sign meets with the approval of the building official; and
provided that such signs are maintained in good repair.
Sum Na 1
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$ 3-33 DANIA CODE
(d) Window signs. Any business room may have the name and business lettered
upon its window or windows and upon its entrance door or doors.
(e) Permits not required. No permit is required for the erection or display of any
sign described in subsections (a), (b), (c) and (d).
(f) Horizontal projecting signs. Any business may display one horizontal
" projecting sign from each wall or roof of the storeroom it occupies, providing
+:- such sign does not extend over public property or exceed forty-eight(48)square .-- ----.---
N. feet in surface area The lowest point of such signs shall be nine (9) feet above
the ground level. t ''
(g) Flat signs. Flat signs maybe erected parallel to the face of, or on the outside
wall of, any building one supported throughout their length by such wall. In
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no case shall such flat signs extend more than eighteen (18) inches beyond the
face of the building. Such sign shall not exceed twenty (20) per cent of the ,
surface of the wall on which it is displayed.
(h) Vertical projecting signs. Vertical signs may be erected upon the wall of a , ;
business building and shall not extend over public property. Vertical signs
a' may extend above the parapet
1
integral art of a building, y P Pe
constructed as an tegr p
not to exceed ten (10) feet, and when fastened to a building after its erection, i
.^ shall not exceed six (6) feet above the top of the parapet wall. The lowest part
of such sign shall not be less than nine (9) feet above the ground level.
i Combinations. Combinations of horizontal and vertical projecting signs are
O
permitted when they conform to the regulations of this section
y (1) Roof signs. Roof signs are prohibited.
! (k) Marquee signs. Signs may be displayed on the outer rim of a marquee and
shall not extend below the bottom of such structure, nor are they to exceed two
(2) feet above the roof of the marquee. Signs affixed underneath a marquee ;
shall be rigid with the marquee. Signs shall have a clearance above the ,<r
e sidewalk of not less than nine (9) feet, however, such signs shall not extend ,
over public property.
: (1) Painted signs. Signs may be painted or lettered directly on a building or
structure. Such signs may display only the name of the building or business.
(m)Pole (ground) sign. A sign erected upon a pole or poles which is a
self-supported structure,wholly independent of any building or other structure
for support (is a pole sign). The size of such sign shall be no greater than fifty
(50) square feet. One pole (ground) sign shall be permitted per property or
shopping center* indicating the name of the center and listing the name of
individual stores. A second pole (ground) sign will be permitted if said
shopping center fronts on two (2) main thoroughfares.
'Shopping center is to mean a group of retail stores,service establishments,or
any other business planned to serve the community or neighborhood not
Supp. No. 1
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ADVERTISING § 3.35
necessarily owned by one party or a single land owner, which are adjacent to
and utilizing a common parking area or areas.
(n) Off-premise public directional signs(institutional orgoaernmental).Alleopyin
{ signs must be of a directional or institutional nature only. Standardized
y, international logos are preferred. All locations shall be approved by the
building and zoning department. This section shall not apply to any
traffic-control signs which design is prescribed by state law. Such signs shall "<
s Uere feet lI1 area.
ZCeed 81x )
note ( s9 ,
(a) Bus bench advertising. Bus bench advertising shall be allowed at designated ;
bus elope only. (CodeL971, 26-21; Ord. No. 222, 121, 9-25-79)
Cross reference—Zoning, Ch. 28.
Sec. 3-34. Restrictions in areas zoned for one- and two-family residences.
This section applies to and specifies the regulations and provisions prescribed for k r
the erection, display and maintenance of all signs displayed in all areas zoned for ! '
r single- or two-family buildings.
(a) Signs permitted. No other sign or signs of any description shall be displayed '
except as prescribed in the following subsections:
L)
(1) Identification signs. The owner or the occupant of any building may erect
vy and maintain a sign indicating the name of the property, the name of the
4. occupant and the street number of the building. Such signs may be erected
any place upon the premises, provided such sign is in reasonable and
t general conformity with other signs of like nature in the vicinity.
(2) "For sale "for for rent signs. No for sale or "for rent" sign or
combination thereof shall exceed four (4) square feet in total surface area. Lam,
Such signs shall be securely erected so that the bottom of the sign is no
tmore than three (3) feet above the ground. Such signs shall be no less than
r five (b) feet from the sidewalk line. Only one sign shall be displayed for
any contiguous property under one ownership.
(3) Advertising signs at buildings under construction. Any individual,
contractor, subcontractor, builder, firm or corporation, engaged in
construction upon a building during the period of construction, and for
such period only, may display a sign advertising the fact. Such signs shall
be securely erected and must meet with the approval of the city building
official at all times.
(b) No such signs erected, displayed or maintained, shall be either directly or
indirectly illuminated. (Code 1971, J 25-22; Ord. No. 222, 122, 9-25-79)
Sec. 3-35. Restrictions In areas zoned for apartments, hotels and motels.
(a) Scope. This section applies to and specifies the regulations and provisions
prescribed for the erection, display and maintenance of all signs displayed in all areas
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§ 3-35 DANIA CODE
zoned for apartments, hotels and motels and classified as apartment, commercial or
industrial districts.
(b) Signs permitted. Subsections (a)(1), (a)(2) and (a)(3) of section 3-34 are
applicable to all buildings classified under this section. No other signs of any
description shall be displayed except apartment house,hotel or motel signs, which may
fk
_.
be erected and displayed according to the regulations prescribed in the following
subsections of this section
(1) Apartment building signs. Any hotel, apartment building, motel, motor court
or rooming house may erect one sign displaying the name of the building and `
the words "vacancy" or "no vacancy"upon such sign, the total surface area of
h.
which does not exceed fifty (50) square feet. Such sign may be erected on the
ground but shall not be closer than five (5) feet to any property line.
(2) Illuminated signs. All signs permitted in subsection (a)(1) may be illuminated; l
however, all signs illuminated by neon tubing must be constructed entirely of
noncombustible material. All signs of a permanent nature must be constructed
rigidly and fastened securely so as to withstand a wind pressure as set forth by { '
the South Florida Building Code. Permits are required for all such signs. 1
(3) Lettered on buildings. Signs may be lettered directly on buildings aslong as 1
i they conform to regulations of this section. (Code 1971, § 25.23;Ord. No. 222, §
( ? 23, 9-25-79) i
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Cross reference—Zoning, Ch. 28.
Sec. 3-38. Construction; erection; lighting.
� t
This section applies to and specifies the regulations and provisions prescribed for
the construction and erection of all exterior signs within the city. wt`
(a) Construction. Every fabricated sign of any type, kind, material or form, in
excess of five (5) square feet, &hall be so constructed as to form a single rigid trs
and substantial unit, including the support of every part, excluding letters or �. w
t characters fastened independently to a building. Every neon sign must be
constructed in its entirety of noncombustible materials. All signs shall be
constructed as set forth in the South Florida Building Code, except temporary
signs allowed such as real estate and signs at new construction. A permit must
be obtained from the building department for any sign as required by this
section.
(b) Erection. No sign shall be erected so that any support, brace or part thereof
rests on or is supported on any public property.
(c) Neon signs. Neon signs are to conform to the National Electrical Code as
adopted by the South Florida Building Code. (Code 1971,§ 25.24;Ord.No. 222,
' ` § 24, 9-25-79)
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§ 3-38
Sec. 3-37. Political signs.
(a) Permit required. Before a political candidate or his representative shall be
permitted to post political signs advertising the candidacy of the candidate to public
office, the candidate shall first obtain a permit from the city manager. Said permit
shall allow the candidate to - -
�. poet signs of a temporary nature advertising the
candidacy of the applicant to political office at locations within the city limits and
under such terms and conditions as may be approved by the city manager.
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(b) Removal; bond required. At the time that an application is made for the permit f
described in subsection (a) above, the applicant shall enter into a good and sufficient f
cash bond with the city, the condition of which is that all signs permitted by the `] 1
permit shall be removed by the applicant within ten (10) days after the general election
at which the applicant seeks office. Said bonds shall be in the principal sum of one
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hundred dollars ($100.00) and shall contain language which authorizes the city to use
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all or any part of the principal of the bond to cover its expenses in removing the signs t' `
i if the applicant for the permit does not remove said signs within said period of ten (10) #
=v days.
t (c) Failure to obtain permit; removal of signs. If political signs are posted to
4 y'E advertise a candidacy and if the candidate does not obtain the aforesaid permit, the
city manager is hereby authorized and directed to cause said signs to be removed
immediately and destroyed. The chief of police shall keep an estimate of his expenses
r in removing such signs and no permit will later be granted to any applicant, unless the
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applicant first pays the expenses of removing such'( signs, as estimated by the chief of v l
s' police. ��«
i, (d) City not liable. The city shall [not] have the responsibility or liability to any
political candidate for any'damages as the result of signs removed or destroyed under
'c the provisions of this chapter. (Code 1971, §§ 25-25-25-27; Ord. No. 222, §§ 25-27,
9-25-79)
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Sec. 3.38. IRO District sign regulations.
Permitted signs in IRO Districts. Exterior signage for all development in an IRO district
shall be in accordance with the following requirements:
i (1) Pole (ground) sign. A sign erected upon a pole or poles which is a self-supported
structure, wholly independent of any building or other structure or support is a pole
sign. Pole signs shall be permitted subject to the following conditions:
a. The sign shall be set back ten(10)feet from any lot line and thirty(30)feet from
the intersection of any two(2)street lines or thirty(30)feet from the intersection
of any street line and access driveway.
4 .. b. One pole sign shall be permitted per development indicating the name of the
development and/or the individual uses within the development. Development is
to mean an industrial, research, office, or hotel facility, including one or more
uses, not necessarily owned by one party or a single land owner, which are
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§ 3.38 DANIA CODE
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adjacent to and utilize a common parking area or areas.The height and size of a
pole sign shall not exceed the following limitations:
Width of Street Frontage Maximum Height Maximum Size
(feet) (feet) (square feet)
200-399 15 50
400+ 20 100
Ex, (2) Flat wall signs. Flat wall signs may be erected parallel to the face of, or on the
M outside wall of, any building and supported throughout their length by such wall. `3
zA Flat wall signs shall be permitted subject to the following conditions:
a. A flat wall sign shall extend no more than eighteen(18)inches beyond the face of ,
a;. the building. r
b. Total flat wall signage shall not exceed two(2)square feet of sign area per each
w Y; one linear foot of building frontage,provided,no single store shall be entitled to " r
more than one flat wall sign, maximum sixty (60)square feet in area, and said
sign shall be located above the stare being identified,
c z (3) One nameplate identification sign shall be permitted on or near the front and/or rear .T i
p door of the business conducted on the premises with sign area not to exceed four(4) ?
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f<,t square feet. No permit shall be required,
(4) Vertical projecting signs, horizontal projecting signs, painted wall signs, roof signs
E and billboards shall be prohibited.
F iil (5) For sale signs,for rent signs,and construction signs shall be as per section 3.33 of the
City Code.(Ord. No. 35.85, § 1,8.27.85) u
! 5.` Note—See the editor's footnote to Art. II of this chapter.
Sec. 3-39. Downtown Dania Redevelopment District sign regulations. `=y"
(a) Scope. This overlay
y is intended to provide for appropriate and consistent sign re-
quirements where applied within the overlay boundaries as defined by subsection (c) of this
section. These requirements, when more stringent, shall supersede any conflicting require-
ment with the Dania Zoning Ordinance. Any requirements, procedures, exemptions, etc.,
found within this overlay, shall remain in effect.
i (b) Permitted signs. Exterior signagr for all development in the Downtown Dania Rede-
velopment District shall be in a cordance with the following requirements:
(1) Pole (ground) sign. A sign erected upon a pole or poles which is a self-supported
structure,wholly independent of any building or other structure or support,is a pole
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sign. Pole signs shall be permitted subject to the following conditions:
a. Pole signs shall only be permitted on lots on which buildings are set back a
minimum of twenty-five(25)feet from Federal Highway.
Supp. No. 31 -
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a ` ADVERTISING § 3.39
b. The sign shall be set back ten(10)feet rrom any lot line, and thirty(30)feet from
the intersection of any two(2)street lines. j
c. One pole sign shall be permitted per development, indicating the name of the
development and/or the individual uses within the development. Development is
- to mean a business or office facility, including one or more uses, not necessarily
owned by one party or a single land owner, which are adjacent to and utilize a y
k common parking area or areas. The sign shall not exceed twelve (12) feet in 3
height or twenty-five(25)square feet in area. n J
(2) Flat wall signs. Flat wall signs may be erected parallel to the face of, or on the
outside wall of, any building and supported throughout their length by such wall. j
Flat wall signs shall be permitted subject to the following conditions: �t
a. A flat wall sign shall extend no more than eighteen (18) inches beyond the i.
building face.
b. Total flat wall signage shall not exceed two and rive-tenths(2.5)square feet per ¢ ,�
each one linear foot of building frontage, subject to the additional requirements: 1 ,
,? 1. Signs shall not exceed a vertical dimension of two and five-tenths(2.5)feet,a
horizontal dimension of fifteen (15) feet, and a total sign area of forty (40)
square feet.
? 2. Signs shall be set back at least one foot from the ee.ge of a building or store.
c. Wording on flat wall signs shall include only the name of the business which is
currently operating within the building or storefront to which the sign is at.
i tached. Such wording shall not exceed twenty-four(24)inches in height.
t ^" d. A maximum of one flat wall sign shall be permitted per building or storefront
business, provided when a building abuts a side street, one additional flat wall
a sign, in accordance with this section,shall be permitted on the side street.
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' e. Flat wall signs shall be located only in that portion of the parapet above the
awning and/or entranceway and below the roofline. In multistory buildings,said
signs shall be located only between the first floor awning and/or entranceway
( and the second floor window.
(3) Projecting pedestrian signs. Projecting signs located below a first floor window shall
be permitted to the following requirements:
a. Each store shall be permitted one sign, not to exceed thirty-eight (38) inches by
twelve (12) inches, and located a minimum of seven (7) feet six (6) inches above
the sidewalk, and two(2)feet from the curbline.
b. Each sign shall consist of one-fourth inch plexiglass D.R. pan-formed plastic,
suspended from the underside of the awning carriage.
(4) Nameplates. One nameplate identification sign shall be permitted on or near the
front and/or rear door of the business being conducted on the premises,with sign area
not to exceed four(4)square feet.
(5) For sale, for rent, and construction signs. For sale signs, for rent signs, and construe-
tion signs, shall be as per section 3.33 of the City Code.
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Newsracks
(2) It depicts, describes or represents in a (1) Sexual behatdormeans the patently offensive
patently offensive manner, sexual behavior as defined representation, depiction or description of any of the
in Section 18-102 (1); and following:
(3) It lacks serious literary, artistic, (1) Ultimate sexual acts, actual or
political or scientific value when the publication or simulated, including vaginal intercourse between a
material is considered as a whole. male and a female, and anal intercourse, fellatio and
+s: cunnilingus between persons regardless of gender.
Est (i) Public Works Director refers to the Public
- Works Director or the designee of the Public Works g (2) Masturbation, excretory functions and
I Director. lewd exhibition of the genitals. {'
(j) Roadway means that portion of a street (3) The actual or simulated infliction of
improved, designed, or ordinarily used for vehicular pain by one individual upon another, or by an '
travel. individual upon himself, for the purpose of the sexual
gratification or release of either individual,as a result j
(k) Sexual arousal,gratiftcationor affront when of flagellation, beating, striking or touching of an
used in this Ordinance to state the purpose or effect erogenous zone, including without limitation the
of statements, words, pictures or illustrations means thigh, genitals, buttock, pubic region, or, if such j
depictions of the following subjects or acts: person is a female, a breast.
i (1) Sexual intercourse, oral copulation, (4) Ultimate sexual acts, actual or 3
anal intercourse, oral-anal contact, bestiality, direct simulated, between a human being and an animal. 1
y physical stimulation of genitals,flagellation or torture
in the context of a sexual relationship, or any of the (m) Sidewalk means any surface provided for the
following depicted sexually oriented acts or conduct: exclusive use of pedestrians.
anilingus, buggery, coprolagnia, coprophagy,
coprophilia, curmilingus, fellatio, necrophilia, (n) Street means all the area dedicated to public
pederasty, pedophilia, piquerism, sapphism, use for public street purposes and shall include, but
zooerasty; or not be limited to, roadways, parkways, alleys and
sidewalks.
(2) Human genitals in a state of sexual
stimulation, arousal, or tumescence; or
i SECTION 18-103. Newsracks Prohibited.
(3) Use of human or animal masturbation,
sodomy, oral copulation, coitus, ejaculation; or (a) No person shall install,use, or maintain any
newsrack which projects onto, into, or which rests,
(4) Fondling or touching of human wholly or in pan, upon the roadway of any public
genitals, pubic region, buttock, or female breast; or street.
(5) Masochism,erotic or sexually-oriented (b) No person shall install, use, or maintain any
torture, beating or the infliction of pain; or newsrack which in whole or in part rests upon, in, or
over any public sidewalk or parkway:
(6) Erotic or lewd touching, fondling or
other contact with an animal by a human being; or (1) when such installation, use, or
maintenance endangers the safety of persons or
(7) Human excretion, urination, property;
menstruation, vaginal or anal irrigation.
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ARTICLE 18.1: NIMLO MODEL NEWSRACK ORDINANCE
Section (3) It is a matter of public necessity that
l the City of protect children
18-101 Intent and Purpose and unconsenting adults in and on its public streets,
r 18-102 Definitions sidewalks, transportation facilities and other public
18-103 Newsracks Prohibited rights-of-way from viewing public displays of
18-104 Permit Required offensive sexual material. Such displays are thrust
18-105 Application for Permit indiscriminately upon unwilling audiences of adults
18-106 Conditions for Permit and children and constitute assaults upon individual
18-107 Hold Harmless privacy.
18-108 Newsrack Identification Required I 18-109 Location, Placement and Number of (4) These factors constitute an unreasonableIF 1 i
Newsracks interference with and obstruction of the use of public ;
18-110 Standards for Maintenance and rights-of-way, constitute an unwarranted invasion of .
iInstallation individual privacy, are injurious to health, offensive
t 18-111 Display of Certain Matter Prohibited to the senses, and constitute such an obstruction of
t ' I8-112 Violations the free use of property as to interfere in the
S 18-113 Appeals comfortable enjoyment of life and property by the '
1 18-114 Abandonment entire community. i
18-115 Severability
IF
(5) The Council recognizes, however, that
the use of such rights-of-way is so historically
SECTION 18-101. Intent and Purpose. associated with the sale and distribution of
newspapers and publications that access to those areas
>: The City Council of the City of for such purposes should not be absolutely denied.
finds and declares that: The Council further finds that these strong and
(a) Findings. competing interests require a reasonable
B accommodation which can only be satisfactorily
achieved through the means of this Ordinance which
(1) The uncontrolled placement and is designed to accommodate such interests regulating
maintenance of newsracks in public rights-of-way the time, place and manner of using such newsracks.
presents an inconvenience and danger to the safety
and welfare of persons using such rights-of-way; (b) Purpose. The provisions and prohibitions
including pedestrians, persons entering and leaving hereinafter contained and enacted are in pursuance of
vehicles and buildings, and persons performing and for the purpose of securing and promoting the
essential utility, traffic control and emergency public health, morals, and general welfare of persons
services. in the City of in their use of
public rights-of-way through the regulation of
(2) Newsracks so located as to cause an placement, appearance, number, size, and servicing
r inconvenience or danger to persons using public of newsracks on the public rights-of-way so as to:
rights-of-way, and unsightly newsracks located
therein, constitute public nuisances. (1) Provide for pedestrian and driving
safety and convenience;
18-1.1
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or sidewalk shall not be displayed or exhibited in a be assessed against each newsrack summarily
manner which exposes to public view from the street removed. The Public Works Director shall cause
or sidewalk any of the following: inspection to be made of the corrected condition or of
a newsrack reinstalled after removal under this
(a) Any publication or material which exposes Section. The distributor of said newsrack shall be
to public view any pictorial material that is obscene; charged a dollar inspection fee for each
newsrack so inspected. This charge shall be in
n (b) Any statements or words describing explicit addition to all other fees and charges required under
sexual acts, sexual organs, or excrement where such this Ordinance. "^
statements or words have as their purpose or effect
sexual arousal, gratification, or affront•, ,
SECTION 18-113. Appeals.
(c) Any picture or illustration of a person's
genitals, pubic hair, perineum, anus, or anal region Any person or entity aggrieved by a finding,
where such picture or illustration has as its purpose determination, notice, order or action taken under the j
or effect sexual arousal, gratification, or affront; or provisions of this Ordinance may appeal and shall be M
f appraised of his right to appeal to the City's Appeals
I (d) Any picture or illustration depicting explicit Board. An appeal must be perfected within three (3)
sexual acts as defined in this Ordinance where such days after receipt of notice of any protested decision
fpicture or illustration has as its purpose or effect or action by filing with the Office of the
sexual arousal, gratification, or affront. a letter of appeal briefly A
stating therein the basis for such appeal. A hearing
{ shall be held on a date not more than ten (10) days ; I
SECTION 18-112. Violations. after receipt of the letter of appeal. The appellant
shall be given at least five (5) days notice of the time
Upon determination by the Public Works and place of the hearing. The Appeals Board shall
Director that a newsrack has been installed, used or give the appellant, and any other interested party, a
maintained in violation of the provisions of this reasonable opportunity to be heard, in order to show III
Ordinance, an order to correct the offending cause why the determination of the Public Works
!" condition shall be issued to the distributor of the Director should not be upheld. At the conclusion of
newsrack. Such order shall be telephoned to the the hearing, the Appeals Board shall make a final and
distributor and confirmed by mailing a copy of the conclusive decision. This decision shall be
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s order by certified mail return receipt requested. The immediately appealable to a court of competent
order shall specifically describe the offending jurisdiction.
condition, suggest actions necessary to correct the
condition, and inform the newsrack distributor of the
right to appeal. Failure to properly correct the SECTION 18-114. Abandonment.
offending condition within five (5) days (excluding
` Saturdays, Sundays, and legal holidays) after the In the event that a newsrack remains empty for
mailing date of the order or to appeal the order a period of thirty(30)continuous days, the same shall
within three (3) days after its receipt shall result in be deemed abandoned, and may be treated in the
the offending newsrack being summarily removed manner as provided in Section 18-112 for newsracks
and processed as unclaimed property. If the offending in violation of the provisions of this Ordinance.
newsrack is not properly identified as to owner under
r the provisions of Section 18-108 hereof, it shall be
removed immediately and processed as unclaimed
property. An impound fee, which shall be measured
by the City's cost and expense of impounding, shall
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Newsracks
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where such information may be easily seen. Prior to (v) Within three (3) feet ahead or
the designation of location by the Public Works twenty-five (25) feet to the rear of any sign marking
Director under Section 18-109 herein, the registrant a designated bus stop.
shall present evidence of compliance with this (vi) Within five (5) feet of the outer
a Section. end of any bus bench.
vii At any location whereby the clear
SECTION 18-109. Location, Placement, and ( )
I Number of Newsracks. space for the passageway of pedestrians is reduced to
less than six (6) feet.
(a) Any newsrack which rests in whole or in t
part upon, or on any portion of a public right-of-way (viii)Within three(3) feet of or on any
or which projects onto, into, or over any part of a public area improved with lawn, flowers, shrubs,
trees or other landscaping, or within three (3) feet of
public right-of-way shall be located in accordance
with the following provisions of this Section: any display window of any building abutting the
E sidewalk or parkway or in such a manner as to I
(1) No newsrack shall be used or impede or interfere with the reasonable use of such
maintained which projects onto, into, or over any window for display purposes. 1
part of the roadway of any public street, or which 1
1 upon, along, or over any
rests, wholly or in part (ix) Within one hundred (100) feet of ;
portion of the roadway of any public street. any other newsrack on the same side of the street in
{ the same block containing the same issue or edition of
{ (2) No newsrack shall be chained, bolted, the same publication.
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or otherwise attached to any fixture located in the x On an access ramp for disabled
public right-of--way, except to other newsracks. Y
parsons.
(3) Newsracks may be placed next to each J
} other, provided that no group of newsracks shall (5) No more than eight(8) newsracks shall 1
extend for a distance of more than eight (8) feet be located on any public right-of-way within a space
along a curb, and a space of not less than three (3) of two hundred (200) feet in any direction within the
feet shall separate each group of newsracks. same block of the same streer, provided, however,
that no more than sixteen (16) newsracks shall be
! (4) No newsrack shall be placed, installed, allowed on any one block. In determining which
used or maintained: newsracks shall be permitted to be located or to
remain if already in place, the Public Works Director
(i) Within five(5)feet of any marked shall be guided solely by the following criteria:
crosswalk.
' (i) First priority shall be given to
(ii) Within fifteen(15)feet of the curb newsracks used for the sale of publications which
have been adjudicated to be newspapers of general
return of any unmarked crosswalk.
circulation for [county or city],
pursuant to the ure
hydrant, fire (cti) Within all box, potliceve (5 l al boxet o fire
r any
other [state] o Government Code set forth in the
emergency facility. (ii) Second priority shall be given to
publications
(iv) Within five (5) feet of anY (thosenewsracks public used d for the Sal
on five (5) oor m more days in a
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driveway.
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NIMLO Model Ordinance Service
VI. Prohibition From Residential Neighborhoods Chelsea Theater Corp. v. Burlington, 258 N.W.2d
372 (Iowa 1977) (state statute preempted city
A municipality must be able to show that an obscenity ordinance); Whitney v. Municipal Court,58
ordinance banning newsracks from residential areas Cal. 2d 907 (Cal. 1962) (state preempted regulation
is narrowly tailored to serve a significant government of the dissemination of adult obscenity). (The
interest and that alternative channels of NIMLO Model prohibits the display of obscene
communication are available.Plain Dealer Publishing materials from newsracks. The ordinance uses the test
Co., 794 F.2d at 1147. A municipality seeking to for obscenity set forth in Miller.) �a
ban newsracks from residential neighborhoods can
allege safety and aesthetic interests in support of its VIII. Commercial Material
ban. Id. A municipality should, however, be
prepared to present evidence showing that the ban is A municipality's selective and categorical ban on 1
narrowly tailored to serve such interests. See City of the distribution, via newsracks, of "commercial f
i' Wheaton, 697 F. Supp. at 1469-70 (city failed to handbills" violates the First Amendment. City of
show that ban was least restrictive way to serve Cincinnati v. Discovery Network, Inc., 113 S. Ct.
significant interests of safety and aesthetics). 1505, 1517 (1993) (application of ordinance to ban
newsracks containing commercial handbills while
As to the need for adequate alternative channels allowing newsracks containing newspapers not
of communication, the courts are divided as to reasonable time, place, or manner restriction because
whether the availability of publications through other the ordinance regulated based on content). (The
j private outlets can satisfy this requirement. Gannett NIMLO Model makes no distinction between the },
Satellite Information Network v. Pennsauken distribution of commercial and non-commercial
Township, 709 F. Supp. 530, 536 n. 3 (D.N.J. publications by newsracks.)
s 1989). In Plain Dealer, the United States Court of
Appeals for the Sixth Circuit upheld a residential ban
on newsracks relying, in pan, on the availability of
newspapers from "eleven'all-night'businesses within
the City and two 'all-night'businesses adjacent to the
City which sell newspapers 24 hours a day, seven
days a week." 794 F.2d at 1147. In City of
Wheaton, however, a total ban on newsracks in
residential neighborhoods was found to be
i unconstitutional despite the availability of newspapers
f through home delivery, non-residential newsracks,
and commercial businesses. 697 F. Supp, at 1470.
The court specifically found "the availability of
private sellers to be irrelevant" as to the issue of
alternative channels of communication. Id. (The
NIMLO Model does not ban newsracks from
residential areas.)
VII. Display of Obscene Material
Obscene material is not protected by the
r a Constitution. Miller v. California, 413 U.S. 15
(1972). A municipality should review its state's laws
to determine whether its power to regulate the display
of obscene material has been preempted. See, e.g.,
4
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NEWSRACK ORDINANCE: EDITOR'S COMMENTARY
I. Introduction and Acknowledgements 1067, 1071 (8th Cit. 1988). To avoid potential
s challenges to a licensing fee, municipalities should
This Ordinance revises and supersedes the prior prepare a report establishing the cost of processing,
Model Ordinance on Newsracks that appears as Meck & Pearlman, Controlling Newsracks:
p i? Sections 10 1201 through 10-1214 in the 1981 Commentary on City of Lakewood v. Plain Dealer,
version of NIMLO Model Ordinance Service. Land Use L., Feb. 1989, at 7; See Chicago 11
Portions of this Model Ordinance are based on the Newspaper Publishers v. City of kk'heators, 697 F.
NIMLO Model Newsrack Ordinance prepared by Supp. 1464 (N.D. III. 1988). (The NIMLO Model ( a
Rachel Sobin Ullman, former NIMLO Staff Attorney, does not allow for any unguided discretion. Permits J
and code provisions adopted by Burbank, California must be issued within 24 hours of the receipt of an
and San Diego, California. l
8 + application. The standards for maintenance and
1 installation are objective.) I
II. Municipal Power to Regulate Newsracks
IV. Indemnification
• The right to distribute newspapers in newsracks
is protected by the First Amendment. Cityof Municipalities should only require i
El Lakewood v. Plain Dealer Publishing Co., 486 U.S. indemnification from newsrack distributors if other
' 750 (1988). Municipalities may, however, subject p companies,
j permit[ees, such as bus and telephone con anies, are t I
newsracks located on public streets and sidewalks to also required to provide indemnification. See
reasonable time, place and manner restrictions.Plain Jacobsen v. Harris, 869 F.2d 1172, 1174 (8th Cit.
} Dealer Publishing Co. v. City of Lakewood, 794 F. 1989) (requirement that newsrack applicants obtain 1
p, 2d 1139, 1143 (6th Cir. 1986), affd, 486 U.S. 750 hold harmless insurance policy upheld where all those
(1988). These restrictions must be "content neutral, using municipal property required to insure
... narrowly tailored to serve a significant municipality against claims); Plain Dealer Publishing
government interest,and leave open ample alternative Co. v. City of Lakewood, 794 F.2d at 1147
channels of communication." Id. (citing Perry (requirement that newsrack applicants indemnify city
Education Assn v. Perry Local Educators' Assn, unconstitutional where city did not require other
460 U.S. 37, 45 (1983)), permittees to provide insurance).
III. Permits V. Newsrack Removal y
Municipalities may require newsrack applicants Newsracks installed or maintained in violation of
to obtain permits. City of Lakewood, 486 U.S. at ordinance provisions may be removed by the
760. Ordinance provisions may not, however, give a municipality if the due process rights of the newsrack
municipal representative unbridled discretion to deny distributor are protected. See Jacobsen v. Harris, 869
permits nor can they allow permits to be conditioned F.2d at 1174. A newsrack distributor should be given
on terms that the representative deems "reasonable written notice of the violation and be informed that
and necessary." Id, at 772. See Shunlesworth v. the newsrack will be removed unless the violation is
Birmingham, 394 U.S. 147, 150-51 (1969)(licensing cured or successfully contested. Id. See also Kash
authority must be guided by "narrow, objective, and Enterprises, Inc. v. City of Los Angeles, 19 Cal. 3d
definite standards"). 294, 313 (Cal. 1977). (The NIMLO Model provides
for written notice, an opportunity to cure the
Licensing fees are permissible if they cover only violation, and an opportunity for a hearing.)
administrative costs. Cox v. New Hampshire, 312
U.S. 569 (1941); Jacobsen v. Crivaro, 851 F.2d
18-1.9
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NIMLO Model Ordinance Service
calendar week)which have not been adjudicated to be the person is unable to receive the paid for
newspapers of general circulation for publication. The coin-return mechanism shall be
[county or city], maintained in good working order.
(iii) Third priority shall be given to (d) Each newsrack shall have affixed to it in a
newsracks used for the sale of weekly publications readily visible place so as to be seen by anyone using
(those published on at least one (1) but less than five the newsrack, a notice setting forth the name and
( (5) days in a calendar week) which have not been address of the distributor and the telephone number of
•< adjudicated to be newspapers of general circulation a working telephone service to call to report a
l for [county or city]. malfunction, or to secure a refund in the event of a
malfunction of the coin-return mechanism, or to give
(b) As between newspapers included within any the notices provided for in this Ordinance,
single category of priority above, the Public Works
Director shall also be guided by the following criteria (e) Each newsrack shall be maintained in a neat
of priorities whenever more than eight (8) newsracks and clean condition and in good repair at all times. q '
are proposed for any one location(two-hundred(200) Specifically, but without limiting the generality of the
foot space) or more than sixteen (16) newsracks are foregoing, each newsrack shall be serviced and I
�.^ proposed for any one block; maintained so that:
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+ x, (1) First priority shall be daily publications (1) It is reasonably free of dirt and grease; i
(published five (5) or more days per week). i
y (2) It is reasonably free of chipped, faded, I
(2) Second priority shall be publications peeling and cracked paint in the visible painted areas f
i published two (2) to four (4) days per week. thereof;
, 5
(3) Third priority shall be publications (3) It is reasonably free of rust and
'. published one (1) day per week. corrosion in the visible unpainted metal areas thereon;
v ai.
I (4) The clear plastic or glass pans thereof,
SECTION 18-110. Standards for Maintenance if any, through which the publications therein are
and Installation. viewed are unbroken and reasonably free of cracks,
dents, blemishes and discoloration;
j Any newsrack which in whole or in part rests
upon, in or over any public sidewalk or parkway, (5) The paper or cardboard parts or inserts
,
shall comply with the following standards: thereof are reasonably free of tears,peeling or fading;
and
(a) No newsrack shall exceed five (5) feet in
height, thirty (30) inches in width, or two (2) feet in (6) The structural parts thereof are not
thickness. broken or unduly misshapen.
(b) No newsrack shall be used for advertising
signs or publicity purposes other than that dealing SECTION 18-111. Display of Certain Matter
with the display, sale, or purchase of the newspaper Prohibited.
or news periodical sold therein.
Publications offered for sale from newsracks
(c) Each newsrack shall be equipped with a placed or maintained on or p-1jecting over the street
coin-return mechanism to permit a person using the
machine to secure an immediate refund in the event
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(2) Ensure no unreasonable interference activity, masturbation, or lewd exhibition of genitals;
with the flow of pedestrian or vehicular traffic, whether any of the above conduct is depicted or
including ingress to, or egress from, any place of described as being performed alone or between
business or from the street to the sidewalk; members of the same or opposite sex or between
humans and animals, or other acts of sexual arousal
(3) Provide reasonable access for the use involving any physical contact with a person's
and maintenance of sidewalks, poles, posts, traffic genitals, pubic hair, perineum, anus or anal region.signs and signals, hydrants, mailboxes, and similar x
appurtenances,and access to locations used for public (d) Newsrack means any self-service or coin-
transportation purposes; operated box, container, storage unit or other +
dispenser installed, used, or maintained for the(4) Reduce visual blight on the public display and sale of newspapers or other news
rights-of-way, protect the aesthetics and value of periodicals. j
surrounding properties, and protect the quiet of
residential areas; (e) Obscene means material which depicts or
describes sexual conduct that is objectionable or
(5) Reduce exposure of the city to personal offensive to accepted standards of decency which the
injury or property damage claims and litigation; and average person, applying contemporary community 3 .
1 standards would find, taken as a whole, appeals to
(6) Protect the right to distribute prurient interests; or material which depicts or ;information protected by the United States and _ describes, in a patently offensive way, sexual conduct ?
(State) Constitutions through specifically defined by applicable State law, and taken use of newsrack
s. '
r ` as a whole, lacks serious literary, artistic,political,or
scientific value.
(c) Preservation of Constitutional Rights. It is
not the intent of this Ordinance to in any way (f) Parkway means the area between the
discriminate against, regulate, or interfere with the sidewalk and the curb of any street, and where there
publication,circulation,distribution,or dissemination is no sidewalk, the area between the edge of the
1 of any printed material that is constitutionally roadway and the property line adjacent thereto.
' protected. Parkway shall also include any area within a roadway
that is not open to vehicular travel. «'
SECTION 18-102. Definitions. (g) Person means an! y person or persons, or
entity including, but not limited to, a corporation,
As used in this Ordinance, unless the context partnership, unincorporated association or joint
otherwise clearly indicates: venture.
(a) Block means one(1)side of a street between (h) Pictorial material means any material
two (2) consecutive interacting streets. suggesting or conveying a visual image, and includes,
(b) Distributormeans the person responsible for but is not li pict
mited to, a photograph, painting or
y
placing and maintaining a newsrack in a public right- the following aPPplorial material is "obscene" if all of
of-way. 8 Y
1' (1) The average person, applying
(c) Explicit sexual acts means depictions of contemporary community standards, would find that
I sexual intercourse, oral copulation, anal intercourse, it appeals to prurient interests when the publication or
oral-anal copulation, bestiality, sadism, masochism, material is considered as a whole; and
or excretory functions in conjunction with sexual
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(2) when such site or location is used for the Public Works Director disapproves of a particular
public utility purposes, public transportation location, such disapproval shall be without prejudice
purposes, or other governmental use; to the registrant designating a different location or
locations.
(3) when such newsrack unreasonably
i interferes with or impedes the flow of pedestrian or
vehicular traffic, including parked or stopped SECTION 18-106. Conditions for Permit.
+ r - vehicles; the ingress in or egress from any residence
or place of business; the use of poles, posts, traffic (a) Permits shall be issued for the installation of
signs or signals,hydrants,mailboxes, or other objects a newsrack or newsracks without prior inspection of
permitted at or near said location; the location but such newsrack or newsracks and the
installation, use or maintenance thereof shall be r
(4) when such newsrack interferes with the conditioned upon observance of the provisions of this
cleaning of any sidewalk by the use of mechanical Ordinance. Permits shall be issued within twenty-four
al
sidewalk cleaning machinery; or (24) hours (excluding Saturday, Sunday and leg j
f
} holidays) after the application has been filed. A
{'< (5) in any other manner inconsistent with permit fee of dollars shall be required. ) '
` or in violation of the provisions of this Ordinance.
(b) Such permits shall be valid for three (3) 1 '
years and shall be renewable pursuant to the "
SECTION 18-104. Permit Required. procedure for original applications referred to in
+ - Section 18-105 and upon payment of the
It shall be unlawful for any person, firm or dollar permit fee. )
corporation to erect, place, maintain or operate, on
any public street or sidewalk, or in any other public
way or place, in the City of SECTION 18-107. Hold Harmless.
any newsrack without first having obtained a permit
from the Public Works Director specifying the exact Every owner of a newsrack who places or
location of such newsrack. One permit may be issued maintains a newsrack on a public sidewalk or
to include any number of newsracks, and shall be parkway in the City of shall file a
signed by the applicant. written statement with the Public Works Director in ;
a form satisfactory to the City Attorney, whereby
r , O such owner agrees to indemnify and hold harmless the
SECTION 18-105. Application for Permit. City, its officers, and employees, from any loss,
liability,or damage, including expenses and costs, for
(a) Application for such permit shall be made, bodily or personal injury, and for property damage
in writing, to the Public Works Director upon such sustained by any person as a result of the installation,
form as shall be provided by him, and shall contain use and/or maintenance of a newsrack within the City
the name and address of the applicant, the proposed of
specific location of said newsrack, and shall be
t ' signed by the applicant.
SECTION 18-108. Newsmck Identification
(b) From the above application information the Required.
r. Public Works Director shall approve the locations.
He shall be guided therein solely by the standards and Every person who places or maintains a
criteria set forth in this Ordinance. In any case where newsrack on the streets of the City of
shall have his permit number, name, address, and
telephone number affixed to the newsrack in a place
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u Reduce unnecessary exposure of the public to personal
injury or property damage,
(8) Treat all newspapers equally regardless of their size
' content circulation or frequency of publication
(99)_ Maintain and preserve freedom of the press.
(101 Cooperate to the maximum with newspaper distributors.
M
Sec. 15-2. Definitions.
�5
y For the purpose of this section the words below shall have
the following meanings:
(1)_ Newsracks shall mean any type of unmanned device for the
vending or free distribution of newspapers or news
periodicals.
t
5 () Equivalent newsrack means any newsrack which is of the
same size dimensions and style of the specified
newsrack. r >f
j u If demand warrants or warranted demand means that the
4 1.
�i measured newspaper stack height needed to meet the
newspaper publisher's or distributor's peak annual
distribution at the requested newsrack location, as
proven by the newspaper publisher or distributor, exceeds
ti fourteen (14) inches.
Pathway shall mean any surface provided for the use of
pedestrians and bicycle riders.
j5 Parkway shall mean any area within a right-of-way which
-• is not a pathway or roadway.
(6)_ Public property shall mean parks squares and any and all t t.
other real property owned by the city.
i (7) Recovery area shall mean that space as determined by
Department of Transportation specifications which is
measured from the edge of the roadway outward and which
is required to be clear of fixed objects.
(8_ Right-of-way shall mean all that area which is dedicated
to use by the public for pedestrian and vehicular travel,
and includes, but is not limited to roadways, parkways
i • _'. and pathways.
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fifteen (15) inches from the top of the cabinet, with
duplicate lettering on the front, sides and back of the
cabinet such lettering not exceeding one and three-
quarters (13 ) inches in height The above fifteen (15)
inch dimension may be adjusted on the door by the
manufacturer to accommodate modifications for vertically-
formatted "tabloid-type" newsracks.
) Newsracks for free newspapers may omit the coin box and
may have the pull bar welded to the door to produce an
"Honor Rack. "
u Newsracks shall be maintained in Good working order at
all times freshly painted and with unbroken hoods.
la > 61 The name address and telephone number of a responsible ( ��
person who may be contacted at any time concerning the
newsrack shall be displayed on the hood of the newsrack '
in such a manner as to be readily visible and readable to
a prospective customer thereof.
7) Mounts shall be bolted in place through four (4) standard )
holes in the base in accordance with the following 1I
standards:
a. Foundation four (4) inch minimum thick concrete,
2500 psi (28 day strength) , Class I. � •
# b. Two (2) inch minimum concrete edge distance for
+ bolts.
.` C. One-half ( -) inch chamfer all concrete edges.
d. Three-eights (3s) inch diameter hot-dipped
.; galvanized hex bolt mounts, three (3) inch minimum
imbedment threads down, through four (4) corners
of the pedestal base.
L L Newsrack cabinet tops shall be installed and checked for
level , a water-soluble paintable ten (10) year caulk of
gloss brown color, matching the base plate, shall be
applied and wiped to seal around the base plate and the
mounting surface.
u9 Newsracks may be placed directly next to one another;
however, no more than three (3) newsracks may be placed
together, and a space of no less than eighteen (18)
inches shall separate each grouping of three (3)
newsracks.
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10 Each newsrack shall be constructed, installed and
maintained in a safe and secure condition, and shall be
sufficiently weighted to avoid being vandalized or
becoming a hazard in severe weather.
11 The location and installation of all newsracks in the
city shall comply with all local and state regulations,
including handicapped accessibility regulations.
Sec. 15-6. Specific prohibitions.
(1) No newsrack shall be placed or located on a roadway.
y:. (2) No newsrack shall be permitted to rest upon, in or over _
` :. any pathway, except when there is no available parkway 4
area in the immediate vicinity of the proposed location. ".'
However, under no circumstances shall a newsrack be
allowed at any location whereby the clear space for the
passageway of pedestrians or bicycle riders is reduced to
less than six (6) feet.
(3)_ No newsrack shall be placed at any site or location when
•` the installing, use or maintenance:
a. Endangers the safety of persons or property; or 1
b. Unreasonably interferes with or impedes the flow of
i .; pedestrians or vehicular traffic, including any J
j . legally parked or stopped vehicle; or
C. Unreasonably interferes with the ingress or egress
from any residence or place of business; or
A: d. Unreasonably interferes with the use of traffic
signs or signals, hydrants or mailboxes permitted
'. at or near said location.
(4) Newsracks shall carry no card holders or advertising
except the name of the newspaper being dispensed on the
bottom of the door of the TK-80 PM, or the middle four
(4) inches of the bottom front panel of the TK-80.
u No newsrack shall be bolted or otherwise attached to any
property or to any permanently fixed object not owned by
the distributor of the newsrack, unless the prior consent
of the owner of such property or object is obtained in
writing.
1� No newsrack shall be placed, installed used or
maintained:
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e Within five (5) feet of any marked crosswalk.
h Within ten (10) feet of any unmarked crosswalk.
C. Within ten (10) feet of any fire hydrant, fire
callbox police callbox or other emergency
facility.
d. Within five (5) feet of any driveway.
e. Within three (3) fe6t of any display window of any
r, building abutting the sidewalk or swale or in such
manner as to impede or interfere with the
reasonable use of such window for display purposes, ! ��
f or within five (5) feet of a buildina entrance. 1
f. Within twenty (20) feet of any police station ,
1.;. driveway, fire station driveway, ambulance station
driveway, entrance to hospital emergency room or
other emeraencv facility.
e Within two (2) feet of any bus bench, or plaza
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h. On or within two (2) feet of signs, parking meters,
street lights or utility poles.
"n i. At any location where the newsrack causes, creates t -I
or constitutes a traffic hazard. 11
i Within a visibility triangle.
k. At any location which would obscure traffic control
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signs from the visibility of motorists.
Sec. 15-7. Application and issuance of certificate of compliance.
(1)_ Issuing authority. The issuing authority and coordinator
shall be the Fire Chief or his/her designee. The Fire
Chief or his/her designee is responsible for fairly
coordinating and administering the physical placement of
newsracks of the type and location herein specified, and
upon compliance herewith is responsible for issuing the
' certificates of compliance.
) rp oyiny authorities. The approving authorities shall
be the Fire Chief and the Director of Public Works.
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) Issuance of certificate of compliance. Upon a finding by
the Public Works Director that the applicant is in
compliance with the provisions of this section and having
received the required approvals from the Fire Department,
the Fire Chief shall cause to be issued a certificate of
compliance for installation by the newspaper publishing
company. Such issuance shall be made within five (5)
working days of the City's receipt of the completed
application.
(6) Denial of certificate of compliance. If a certificate of
compliance for a some newsrack location(s) applied for is
be denied the applicant shall be notified in writing of
the reasons for denial. The applicant shall be advised
' of the specific cause of such denial by the Fire Chief,
who will suggest alternative locations therefor. The
applicant may reapply for substitute alternative 1, {
location(s) at no additional certificate of compliance
fee.
(7) Additional newsrack certificate(s) of compliance. If at
any time after initial application for an installation i
certificate of compliance a publisher wishes to install
li additional newsracks, then subsections (3) and (4) above � .
are to be repeated in accordance with the provisions of
this section. Under section 15-8 (insurance) , any
additional returnable bond deposit required will credit
! r' any amount still on account. Additional certificate of
4 compliance fees shall be in accordance with section 15-9
(fees) , except that the fifty dollar ($50. 00) publisher's
F fee is waived if previously paid.
;! ( Sec. 15-8. Insurance.
(11) Prior to the issuance of a certificate of compliance by
the Fire Chief, the applicant shall furnish to the Fire
Chief a certificate of insurance and a one-time only
returnable bond deposit, with returnable bonding amounts
for newsrack installations being:
Total Proposed Newsracks Total Returnable Bond
1 to 4 $150. 00
5 to 10 $300.00
11 to 20 $500. 00
21 and up $700. 00
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(2) Reasonable evidence of eauivalent self-insurance coverage
may be substituted by the applicant for the above
certificate of insurance.. Insurance under this section
shall run continuously with the presence of the
applicant's newsrack in City rights-of-way, and any
termination or lapse of such insurance shall be a
violation of this section subject to appropriate remedy
by the Code Enforcement Division under sections 176-188
of the Land Development Code.
Sec. 15-9. Fees.
There shall be a one-time only certificate of compliance fee
in the amount of fifty dollars (S50 00) for each newspaper
publisher plus ten dollars ($10 00) per newsrack. Failed -ry
ins ections are subject to a reinspection fee of twenty-five
dollars (S25 00) All of the above fees will be used to defray
administrative expenses with relation to this section only, and any f
revenues over expenses remaining after the implementation of this
section will be returned to the newspaper publishers in proportion
to their respective contributions.
Sec. 15-10. Abandonment.
(1) If any newsrack installed pursuant to this section does
not contain the publication specified therefor within a
t period of forty-eight (48) hours after release of the i
4 ; current issue the code enforcement division may deem the
{ ! - newsrack abandoned and take appropriate action under j
sections 176 188 of the Land Development Code. In
addition a newsrack shall be deemed abandoned when no
publication is in the newsrack for. a period of more than
seven (7) consecutive days.
t () In the event a newspaper publishing company or its
distributor desires to voluntarily abandon a newsrack
! location the distributor shall notify the Director of
Public Works completely remove the newsrack and mount, I
and restore the public right-of-way to a safe condition,
leaving no holes or projections in the mounting surface. 1
} •" Sec 15-11 Emergency removal.
�1 The City Manager, or his designee may summarily remove
any newsrack where its installation use or maintenance
poses an imminent or immediate danger to the public.
) Following removal of the newsrack by the city, the
distributor shall be notified of same by certified mail ,
;: return recei t re uested. If the newsrack is not claimed
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within ninety (90) days of receipt of certified letter,
disposal shall be made pursuant to section 15 13 below.
See. 15-12 Appeals.
Any aPRlicant who has been denied a certificate of compliance...
pursgant to the provisions of this section may file an appeal with
the City Commission by requesting in writing to the City Manager
" appearance before the Commission to review said denial The appeal
shall be heard by the Commission within thirty (30) days of the
fi zna of the appeal or at the next regularly scheduled aaenda
whichever is sooner. The decision of the Commission on appeal is
i
t sub'ect to,judicial review as rovided by the laws of the State of
Florida.
f sec. 15-13. Enforcement. ;
�_ Within one hundred fifty150 days of the effective date
i
of this ordinance and at any time thereafter, any
1 newsrack in violation of any Provision of this section
L shall be sub'ect to remed and due rocess under the
! provisions of sections 176-188 of the Land Development
Code ertainin to the Code Enforcement Board.
i _(�_ Upon determination b the Director of Public Works that
=' a newsrack has been installed used or maintained in {
violation of the Provisions of this chapter an order to
correct the offending conditions shall be issued to the
distributor of the newsrack. Such order shall be mailed 7
by certified mail return recei t requested to the
address required by section 15-7 (3) (b) above._ The order
shall specifically describe the offending condition,
su est action necessar to correct the condition and
advise of removal pursuant to subsection (3) below.
(3)_ Failure to promptly correct the offending condition
within ten 10 days after receipt of the order shall
result in the offending newsrack being removed by the
city. When the distributor of the offendina newsrack is
not known or identified as required by this section, a
co of the order shall be osted on the newsrack and
this shall be deemed sufficient notice.
(44) Any newsrack removed from the public right-of-way shall
be stored at the cost of the distributor. The city shall
be reimbursed b the distributor for all costs incurred
in the removal and stora a of all newsracks removed from
the public rights of way by the city Within ten (10)
days after the removal of any newsrack from the public
rights-of-way, the city shall send the distributor of the
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newsrack by certified mail return receipt requested,
notice of removal ThP cit s hereby authorized to sell
the newsrack at a puzlic sale if the newsrack is not
claimed by the distributor within a period of ninety (90)
days from the date of removal Ten (10) days prior to
sale the city shall advertise notice of the sale in a
daily newspaper of general circulation in the city All
unpaid removal and storage costs and advertisement costs
shall be paid out of the proceeds of the sale of the
newsracks The remaining balance of the sale proceeds
shall become the property of the city and be transferred
to the citv's general fund.
(�5 The penalty for any violation of sections 15-3 . 15-4 . 15-
5, 15-6 and 15-7 shall be a fine of not more than fifty
dollars ($50. 00) .
Section 2 . Repeal of Conflicting Ordinances.
u
All prior ordinances or resolutions or parts thereof in conflict
herewith are hereby repealed to the extent of such conflict. )
II �
Section f 3 . Severability. 4 ,
f If any section, sentence, clause or phrase of this Ordinance is
held to be invalid or unconstitutional by any court of competent
ti 1 .
jurisdiction, then said holding shall in no way affect the validity
of the remaining portions of this Ordinance.
Section 4. Inclusion in Code.
It is the intention of the City Commission of the City of Coral
Springs that the provisions of this Ordinance shall become and be
made a part of the City of Coral Springs Code of Ordinances; and
that the sections of this Ordinance may be renumbered or relettered
and the word "ordinance" may be changed to "section, " "article, " or
such other appropriate word or phrase in order to accomplish such
intentions.
Section 5. Effective Date.
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This Ordinance shall become effective thirty (30) days after
't
adoption by the City Commission. /�
�f�h day of (zZ cem,Oe-X 1995.
' PASSED FIRST READING the
1995.
r ,
PUBLISHED the
day of ✓rcP/o,6�2 ,
1995.
PASSED SECOND READING the
day of ,
CITY OF CORAL SPRINGS, FLORIDA
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JOHN SOMMERER, Mayor a
( ATTEST: '
JONDA K. JOSEPH, City Clerk t l
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Unanimous _
d Yes No
Motionl2nd — —
_ Mayor Sommerer
— _ Vice Mayor Polin — —
(; _ Commissioner Berk
' — Commissioner Stradling
— —
Commissioner Calhoun
Doc. 31180
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These images were
produced in the normal
* course of business by:
f
The Microfilm Depot/
I Advanced Imaging Solutions
1213 South 30th Avenue
Hollywood Florida 33020
Brow: (954) 927-4404
Dade: (305) 625-0509
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