02-26-1997 Workshop Meeting
t&~(\''''
City Council
Workshop Meeting
February 26,1997
9:00 AM
Executive Conference Room
City of Aventura City Council Workshop Meeting
1.
2.
3.
4.
5.
6.
Aqenda
Construction Noise Ordinance
Filming Ordinance
Sign Ordinance
City Park Legal Opinion
Police Operations Update
Other Business
Next workshop meeting (Revised Date)
March 13,1997 at 9:00 A.M.
3053776222 BERCaW & RADELL PA.
012 P02
FEB 25 '97 16:22
L.AW OFfiCES
BERcaw C5. RADELL
JUFR!:Y 8ERCOW
Ii&:N J. FERNANOE:Z
JANA K. MeDON.ALO
MICHAEL.. E. RAOE.LL
PROr:E:SSIONAL. ASSOCiATION
"\RST UNION FINANC1A\.. CENTER, SUITE &50
200 SOUTH 81SCAYNE BOULEVARD
MIAMI, FLORIDA 33131
DIRECT UNE: (30ti) 377-ez20
TELEPHONE (30e) 374.5300
FAA (30&,) 3""-8222
February 25, 1997
VIA F ACSIMlLE
Mr. Eric M. Soroka
City Manager
City of AvenlUra
2999N.E. 191 SIreel
Suite 500
A venlUrB, Florida 33180
R.e: PmDosed Reviliftlll to Noise nMi.....cc
DnrMr. Soroka:
This law firm .~I"._ Traf8lpr Aaaociates of AvenlUrB, Lrd.. CoIClID W___ays, IDe.
ond Tumbert)' Associates .ep.:ding1he_tDOige llIdinaace odDJ*d by lhe City of Aventun.
As ~ by 1he City C01II1ci1 at its Febrwrry 12, 1997 workshop, ond lit last week's
public hearinC. we lInl enc:losiGg . propored nvisiIm to the AvmlUJa nolle ordiDIKc dIat deals specifk:aIIy
wi1h comttuclioo activities. We have also taken the liberty of proposmg cercaia 1IliDOr II:clmical revisioos,
IS well.. ~ Olher nvisiIms to reguIaIIcms Iffec1iDg openIioDa1 activities dIiIllR of CODCCm to 0lIl"
clients.
Aloag wi1b our clIeals, we will be JlI'CIlIICd to discuss lhe enclosed proposed revisions
with thcCity CouDcilllll1sWllrUllopon WedDes<Iey, Fe 26 1997. WCWOllkhppreeialo it if you
would kindly dislribule copies of this Ieller IIIld !be enc: to IIIld City Council members.
JB;1m
cc: Mr. G~ BerIiJi
Mr. Ramon Caciccdo
Mr, AI GultClllag
Mr. C.B. Hall, Ir.
Mr. loel T. Wadsworth
Mr. Phil Ward
Richard Weiss, Esq.
Alan Kriscber. Esq.
3053776222 BERCOW & RADELL PA.
012 P03
FEB 25 '97 16:22
SUGGESTED REVISION OF A VENTURA NOISE
ORDINANCE NO. 97 -
Section 3: SDecifica1lv Prohibited Acts. The followinl! acts are declared to constitute a
violation of this Ordinance:
A. Excessive Noise, Any PIAinlv Audible noise which is if such character, intensity
or duration that it constitutes a noise disturbance.
. . .
C. RlIlIios. Televisions. Phono<mmhs.. Musical Instruments. etc. The using, operating,
playing, or permitting to be played, used or operated any radio, television, phonograph,
musical instrument, or other m~"hi..<: or device for the producing or reproducing of sound
in such manner as to distUrb the peace, quiet and comfort of the neighboring inhabitants,
or at any time with louder volume thlll1 is necessary for convenient hearing for the person
or persons who are in the room, Motor Vehicle, Motorboat or area in which such m""11in<:
or device is operated and who are vohmtary listeners thereto. The operation of device
between the hours of 11:00 p.m. and 7:00 a.m. on weekdays and 12;00 a.m. and 8:00 a.m.
on weekeDds and Holidays in such a manner as to be Plainly Audible at a distance of 100
feet from the building. structure, Motor Vehicle or Motorboat on which it is located shall
be prima fade evidence of a violation of this 0rdiDance; ......vidM however. tlutt this
..hall not anolv to any DUbHe performBJtce. ....th..nn' or p-wI" for which a nennit h....
been nhtainf'.d from the City MllnA".... N'....'...t to Section 4 of this Qrmnance.
. . .
H. T natlitlo: or Unl"lIlIi..". The ereation of a noise disturbance in cOllDeCtion with the
loading, unloading, opening. closing or other t..md1itlg of boxes, crateS,
containers, refuse cans or other objects between the hours of 7;00 p.m. and 7:00
a.m. on weekdays and 7:00 p.m. and 8:00 a.m. on weekCllds and holidays, such
mat the sOundjs p~lainly .audible at a distance of 100 feet from the building
which it is located.
Section 4: Permits for Snecial Events
. . .
B. Permit Contents. Time Restrictions. Permits issued under this Section sha11
specifY the day and time during which they city or event authorized by permit
may be conducted. }Is 'I Mi. .1II11l1 issu811 "vhi..BI1BBlIlJIllltllIl- .,,-- BBB
eal-.I--lIay, 8f a iJliIl efMUffl iB 1Ji89SB Brei'" kaURi; eel ~L._1I the flClY.19Slril
_&tV-it). 8f BY... 88_.... Sf 8........ 'e-s'sai ..he.. sf t 1-00 ,... in 8R!,'
-
3053776222 BERCOW & RRDELL PRo
012 P04
FEB 25 '97 16:22
.
.
.
New Section 9: Construction. NolWithstandiml: the forelloin2 orovisions of this
OrdiDllllCe. the followinll orovisions .....11 be the exclusive rel!11lations Il0verninll noise as
it reI...... to Construction activities in the City of AventUra.
A. Jhe followinll Construction activities (exceDt for Fm"""'ellev worle) are decljlfed
to constitute a violation of this Ordin""".e when conducted between the hours of
6:00 D.m. and 7:00 a.m. on ~1rttAVS. and between the hours of 5:00 n.m. and
8:00 a.m. on SaturdayS SlIIIdavs and Holidavs. arid only if such activities are
Plainly Audible at a distance of 100 feet from the bonnil..,.;... of the oronertv uoon
which such construction is located: (1) the COI.'<I.....11nO' of Con.ctruction on the
~or or outside of any structure. (2) the Mrtd=rinr of rtwldn~on UDOI1 any
ODen structure. or (3) creation of a plainlv Audible noise djmm...""" in
connection with the conducting: of Construction wjtbin the interior of any
enclosed structure. In a<ldition to the foreO'om.r the r.ft"Jltion of a PlAinlv Audible
loud or excessive noise in l"-'\1'I1'IP.Ction with the use 11M op9'8tiOD ofhP.Avv
eauioment. for earth movilur and t;om~A t"~ demolitinn or nile drivinD'.
~eh is PI,.;nlv Audible at a distance of 100 feet from the tvumdAriH of the
IlI'OIleftV unon which such werle is ~ nerformed. is orohibited at IIllY time on
SWldayS artd Holidavs. Ifl1mer2encv work is to be Derfn"""". the 0_ of the
oronertv UDOI1 which sut:h E.ml:rIlency work is to be oerformed or the orooertv
owner's authorized renresentati.ve .hall notifY the Citv M....a'l.....s Office as soon
as nractical.
B. The followinll activities. which occur during: the DO.....al course of construction.
.hall be allowed and .hall not be orohibited by tbia n..ti""",,~:
I. The oneration of an "",......encv I!enerator.
2. PumtlS used for dewater:in2 of a site.
3. A confinnnus concrete nom ~tion.
4. AnY aimilar (".nnmuction activity used durinl! "..........Ilv acceoted construction
pm:nees. which reauires continuous activity .........tIinq beYond the hours
allowed by mbsection (I) above.
The owner. oroiec:t manlll!el'. or g,.....,u contractor chait Kive notice of such
activities. and their anticinated duration. to the Community Develonment Director
prior to their commencement.
C. The City Man....er shall cmmt a oermit for construction activities
conducted at a time Drohibited bv thia subsection. Drovided that the
City Manal!ef determines tMt the iunan<'.e of the oennit will
exnedite the eom'Dletion of construction at a site and thus reduce
the du....tion of any noise imnACt on the mrlOllnd;nQ: community..
llpd Drovided further that the City ManaO'er determines thAt the
3053776222 BERCOW & RADELL PA.
012 P05
permitted construction activities will not "ntlAl\lter the health.
safety OJ welfare of the communitv. The City ~lIInllaer maY imDOse
fCU"tlahl.. conditiOIlS on the rx:rmitted activities. In the event thAt
bona fide COIIlDlaints are rec,.;ved tTom. rP_.idMts who live adjacent
to or fttIl.A1' the.~n..ctruction site the City M.n~aer or his desi~
~ attemDt to resolve such C^,,!nlaints bv ~nmtIin.tinlt and
Att,,"dinll. ~nC!:s -- the owner. ............J contractor or
oroiect ~ and the affeded cmW!fte or their ~ernt.nves.
The City ~_Aa.... may revoke the nermit onlv if the City
MRDAtrer d-inr.. thu the ennmuction activities violate the
terms And t'.I\nd;uons of the nennil
.
.
.
FEB 25 '97 16:23
Un"....lln...d words represent additions to the Ordinance; Words _11!- -..It ,"p'esent
deletions to the Ordinance.
F. Construction. The conducting of Construction on the exterior
or outside of any structure or upon any open structure or the
creation of a noise disturbance in connection with the
conducting of construction within the interior of an enclosed
structure between the hours of 6:00 p m. and 7:00 a.m. on
weekdays and 5:00 p.m. and 8:00 a.m. on Saturdays and at
any time on Sundays and Holidays, except for Emergency
work. Notwithstanding the foregoing, the creation of a loud
or excessive noise in connection with the use and operation
of heavy equipment for earth moving and compacting,
concrete demolition or pile driving is prohibited at any time
on Saturdays and Sundays. The City ManaQer may Qrant a
temporary permit for construction activities conducted at a
time prohibited by this section in order to expedite the
completion of construction activities. provided it does not
endanQer the health, safety or welfare of the community. The
City Manaoer may revoke the temporary permit based on
complaints from surroundinQ property owners or the
endanoerment of the health. safety or welfare of the
community. If Emergency work is to be performed, the owner
of the property upon which such Emergency work is to be
performed or the property owners authorized representative
shall notify the City Managers Office prior to the
commencement of such Emergency work
3
CITY OF A VENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
City Council . C
Eric M. Soroka, Ci?(a
February 24, 1997
TO:
DATE:
SUBJECT:
Proposed Filming Regulation Ordinance
The following are recommended reVISions to the proposed Filming Regulation
Ordinance to address the discussions held at the February 18, 1997 Council Meeting:
1. Delete Section 3, Permits
D. Limitation on Location. No Filming shall be conducted from a given permitted
location more than four times during a 12 month period. There shall be a
minimum period of 30 calendar days of Filming inactivity following the
expiration of a Permit for a particular location.
2. Add Section 7, Exemptions
E. Commercial film crews of four (4) individuals or less not operating on public
property.
This matter will be discussed at the February 26, 1997 Workshop Meeting.
Attachment
EMS/aca
CC0239-97
CITY OF A VENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
City Council C
Eric M. Soroka, Ci~rg r
February 12, 1997
TO:
DATE:
on Ordinance
SUBJECT:
15t Reading February 18, 1997 City Council Meeting Agenda Item ~ - E
2nd Reading March 4, 1997 City Council Meeting Agenda Item_
RECOMMENDATION
It is recommended that the City Council adopt the attached Ordinance which
establishes regulations concerning commercial filming activities within the City.
. BACKGROUND
It has come to my attention that, on occasion, commercial filming takes place within the
City. Although it has not posed a problem, it would be in the City's best interests to
adopt a permit process to ensure that the residents are not negatively impacted by
these activities. From a promotional standpoint, the City should welcome the filming
activities so long as they are regulated.
The Ordinance establishes permitting requirements and filming limitations. The
Ordinance applies to commercial filming activities and provides for exemptions
including the media when filming on-going news events.
If you have any questions, please feel free to contact me.
EMS/aca
Attachments
CC0229-97
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
CREATING FILMING REGULATIONS FOR THE CITY;
PROVIDING FOR DEFINITIONS; PROVIDING FOR
APPLICABILITY; REQUIRING A PERMIT AND PERMIT FEE;
PROVIDING FOR LIMITATIONS; REQUIRING NOTICE TO
OWNERS; ESTABLISHING CRITERIA FOR ISSUING
PERMITS; PROVIDING AN APPEAL PROCEDURE;
PROVIDING FOR EXEMPTIONS; PROVIDING PENALTIES;
PROVIDING FOR SEVERABILITY, INCLUSION IN THE
CODE AND AN EFFECTIVE DATE
WHEREAS, the City Council has determined that unregulated filming throughout the
City has had a negative impact on residents and properties located in proximity to filming
locations; and
WHEREAS, this Council has determined that the regulation of film production within
the City promotes the general welfare of the residents and property owners in the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1 Definitions. For the purposes of this Ordinance, the following terms,
phrases, words and derivations shall have the meaning given herein. When not
inconsistent with the context, words used in the present tense include the Mure, words in
the plural number include the singular number, and the words in the singular number
include the plural number. The word "shall" is always mandatory and not merely directory.
"Film" or "Filming" shall mean any and all still, live or motion picture productions
whether made on or by film, electronic tape, or any other electronic device used to produce
theatrical motion pictures, television entertainment motion pictures, industrial motion
pictures, television commercials, or print media. Filming shall include the erection and
dismantling of the equipment associated therewith.
"City Manager" shall mean the City Manager or authorized designee.
"Pennit" shall mean a permit issued by the City in accordance with the terms of this
Ordinance.
"Person" shall mean any individual, partnership, firm, corporation, association or
other entity.
"City" shall mean the City of Aventura.
Section 2. Applicability. This Ordinance shall apply to all the lands within the
City's jurisdiction whether public or private.
Section 3. Pennits.
A. Permit Required. No Person shall Film within the City without first
applying for and obtaining a Permit from the City Manager. All Permits shall be
conspicuously displayed at the Filming location.
B. Permit Application. Applications for a Permit shall:
(i) be on the form provided for by the City;
(Ii) identify the applicant;
(iii) identify the location(s) where Filming is going to be conducted. If
applicant is the owner of the property where Filming is going to be
conducted, the City shall require proof of ownership, such as the
deed, or if applicant is not the owner, then the City shall require
the owner's sworn consent to the Filming and proof of ownership;
2
(iv) shall require that applicant provide evidence of public liability
insurance in the minimum amount of $1,000,000 or as otherwise
established by the City. All insurance policies shall name the City
as additional insured;
(v) shall include a parking plan for automobiles, trucks and other
vehicles connected with the Filming;
(vi) shall include a site plan for the location(s) where Filming will be
conducted;
(vii) shall require that applicant post a $5,000 cash bond to be held by
the City to be used, if necessary to repair damage to public
property caused by the Filming.
C. Limitations on Permits. Permits issued by the City shall be subject to
the following:
(i) No Filming shall be permitted from 11 :00 p.m. to 7:00 a.m.
(ii) Other limitations as specified by the City Manager depending on
the location and type of Filming such as, and by way of example,
requiring an off-cluty police officer to be present during Filming.
D. Limitation on Location. No Filming shall be conducted from a given
permitted location more than four times during a 12 month period. There shall be a
minimum period of 30 calendar days of Filming inactivity following the expiration of a Permit
for a partiCUlar location.
3
E. Permit fees. A Permit fee in the amount of $100.00 shall be due and
payable at the time of Permit application. Permit fees shall be doubled for all Filming which
is done without first obtaining a Permit.
Section 4. Notice to Owners. Forty-eight hours prior to commencing any
permitted Filming the Permit holder shall notify in writing all property owners within 300 feet
of the Filming location. The notice to owners shall include but not be limited to the location,
date, hours and subject matter of the Filming.
Section 5. Pennit Criteria. A Filming Permit shall be granted unless the City
Manager finds that the proposed Filming:
A. unduly impedes govemmental business or public access; or
B. conflicts with previously scheduled activities; or
C. imperils public safety.
Section 6. Penalties. Any Person who violates the provisions of this Ordinance
shall be subject to a $500.00 fine and revocation of the Permit.
Section 7. Exemptions. The following shall be exempt from the provisions of
this Ordinance:
A. Individuals Filming or videotaping only for their own personal or family
use.
B. Employees of print or electronic news media when Filming on-going
news events. This exception shall not apply to simulations or re-enactments orchestrated
by print or electronic news media.
4
C. Indoor Motion Picture Studios.
D. Govemmental agencies or instrumentalities including, but not limited to, a
news service created or established by the United States Information Agency, provided that
notification is received by the City Manager prior to filming.
Section 8. Variances. Upon application to the City Manager, variances may be
granted from the terms of this Ordinance, provided that:
A. Signatures indicating consent have been obtained from all of the
owners of property located within 300 feet of the Filming location; and
B. A finding is made by the City Manager that the variance will not be
injurious to the area involved or otherwise detrimental to the public welfare; and
C. The Filming proposed to be done as a result of the variance will be
conducted in accordance with all standards in this Ordinance other than those for which a
variance is being granted.
Section 9. Appeals. Any Person aggrieved by the terms of a Permit issued by the
City Manager, by the decision not to issue a Permit, by the revocation of a Permit, or by the
denial of a variance may, within 10 days of the decision, appeal to the City Council whose
decision shall be final.
Section 10. Severabilitv. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decisions shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand
5
notwithstanding the invalidity of any part.
Section 11. Inclusion in the Code. It is the intention of the City Council, and it is
hereby ordained that the provisions of this Ordinance shall become and be made a part of
the Code of Ordinances, City of Aventura; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intention; and that the word "Ordinance" may
be changed to "Section" or other appropriate word.
Section 12. Effective Date. This Ordinance shall be effective upon adoption on
second reading.
The
foregoing
Ordinance
was
offered
by
Councilmember
, who moved its adoption on first reading. This motion
was seconded by Councilmember
, and upon being put to a
vote, the vote was as follows:
Councilmember Jay R. Beskin
Council member Ken Cohen
Council member Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
The
foregoing
Ordinance
was
offered
by
Council member
, who moved its adoption on second reading. This motion
was seconded by Councilmember
, and upon being put to a
vote, the vote was as follows:
Councilmember Jay R. Beskin
Council member Ken Cohen
6
Council member Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 18th day of February, 1997.
PASSED AND ADOPTED on second reading this _ day of March, 1997.
ARTHUR I. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH, CMC, CITY CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
RICHARD JAY WEISS, CITY ATTORNEY
EMSItms
7
CITY OF A VENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Council
FROM:
DATE: February 24, 199
SUBJECT: Proposed Sign Code Regulations Ordinance
BACKGROUND
Attached please find a draft of the proposed Sign Code Regulations Ordinance for the
City of Aventura. The Ordinance will replace Sections 33-82 to 33-121.27 of the Dade
County Code. The Ordinance was prepared based On input from staff and the City
Attorney as well as concerns expressed by individual Council members. It should be
stressed that this document is a working draft that will be reviewed at the February 26,
1997 Workshop Meeting. The Ordinance is intended to preserve the unique aesthetic
character of the City, eliminate sign pollution and ensure that signs are compatible with
their surroundings.
MAJOR POINTS
The following is a summary of the major points of the proposed Ordinance:
1. Prohibited Sians
. Sign that covers the major architectural features of a building
. Abandoned signs
. Signs located on public property or right-of-way except for governmental
signs
. Abandoned signs
. Signs attached to utility poles
. Signs that could be confused with a traffic signal or sign
. Signs that constitute a safety hazard
. Attention-getting devices
. Balloon Signs
. Bare bulb signs
. Billboards
. Box I cabinet wall signs utilizing internal illumination
. Buntings
. Bus Bench / Shelter Signs
. Changeable copy signs except as permitted by the Ordinance
. Signs created or posted on fences or wall enclosures except as permitted by
the Ordinance
. Flags excepting United States flag and one governmental agency flag
. Marquee signs, except as permitted in the Ordinance
. Murals
. Neon signs
. Off-premise signs
. Painted wall signs
. Pole signs
. Portable signs
. Projecting signs, except canopy signs
. Pylon signs
. Reader board
. Roof signs
. Service station pump island banners or advertising or promotional signs
. Signs attached to trees
. Snipe signs
. Swinging / hanging signs
. Vehicle signs close to the right-of-way used for advertising purposes at a
given location
. All signs not specifically permitted
2. Reauired Sians
. Safety signs
. Address numbers
. Handicapped parking
. Traffic control signs
3. Sians Not Reauirina a Permit
. Government instructional signs
. Temporary holiday decorations
. No-trespassing and no-dumping signs
. Permitted flags
. Nameplate signs
. Public utilities signs
. School and place of worship signs as specified in the Ordinance
. Handicapped parking signs
4. Residential District Permanent SiQns
. Development identification signs
. Directional
5. Nonresidential District Sians
. Detached, freestanding or monument signs
. Wall signs
. Canopy signs
. Awing sign in place of wall sign
. Directory signs
. Window signs
. Directional signs
6. Temporarv Sians
. Grand opening banner
. Real estate signs
. Construction signs
. Model signs
. Window signs in non-residential district
. Garage sale signs in residential district
. Real estate open hour signs
. Special event signs
. Community service signs
. School and places of worship signs
7. Establishes Supplemental Sian Reaulations
8. Establishes Permit Reauirements
9. Establishes the Followina Procedures for the Removal of Non-Conformina Sians
a. Provides for a three-year amortization of signs not in conformance with the
Ordinance.
b. Provides for the removal of snipe signs, portable signs, banners,
unauthorized bus bench and waste receptacle signs, flags, traffic hazard
signs, paper window display signs, prohibited signs placed on public property
and utility poles shall be removed within 90 days of the effective date of the
Ordinance.
10. Establishes Requlations for the Maintenance of Siqns
11. Establishes Procedures for the Removal of Improper Siqns
Attachment
EMS/aca
CC0238-97
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, ESTABLISHING SIGN CODE
REGULA nONS; PROVIDING FOR PURPOSE;
PROVIDING FOR DEFINITIONS; PROVIDING FOR
PROHIBITED SIGNS; PROVIDING FOR REQUIRED
SIGNS; PROVIDING FOR SIGNS NOT REQUIRING A
PERMIT; PROVIDING FOR RESIDENTIAL DISTRICT
PERMANENT SIGNS; PROVIDING FOR NON-
RESIDENTIAL DISTRICT SIGNS; PROVIDING FOR
TEMPORARY SIGNS; PROVIDING FOR SUPPLEMENTAL
REGULATIONS; PROVIDING FOR SIGN PERMITS;
PROVIDING FOR NON-CONFORMING SIGNS;
PROVIDING FOR SIGN MAINTENANCE; PROVIDING FOR
REMOVAL OF IMPROPER SIGNS; PROVIDING FOR
REPLACEMENT OF SIGN CODE PROVISIONS
PROVIDED BY METROPOLITAN DADE COUNTY CODE
SECTIONS 33-82 TO 33-121.27; PROVIDING FOR
REPEAL OF CONFLICTING PROVISIONS; PROVIDING
FOR SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, Section 8.03 of the City Charter incorporates all code provisions,
ordinances and resolutions contained in the Code of Metropolitan Dade County (the
"County Code") on the date of the adoption of the City Charter; and
WHEREAS, this City Council wants to repeal any conflicting provisions of the
County Code pertaining to Sign codes and regulations, and establish its own Sign code for
the City of Aventura, as well as enforcement and penalties for violations; and
WHEREAS, it is protective of the public health, safety and welfare and in the public
interest of the residents of the City for the City Council to regulate existing and proposed
Signs; and
Ordinance No.
Page 2
WHEREAS, the City Council desires to preserve the unique aesthetic character
of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Purpose.
The purpose of this Ordinance is to promote and protect the public health, safety
and general welfare by regulating existing and proposed Signs and other street
graphics within the City. In particular, this Ordinance is intended to preserve the unique
aesthetic character of the City and ensure that Signs are compatible with their
surroundings. It is further intended to protect property values, create a better business
climate, enhance the physical appearance of the community, preserve the natural
beauty of the City and improve vehicular and pedestrian safety and reduce visual
pollution. It is the belief of this City Council that the nature of Signs is to provide an
index to needed goods and services. It is the intention of this Ordinance to control
those Signs and to authorize the use of Signs which are:
(a) Compatible with their surroundings.
(b) Expressive of the identity of individual proprietors or of the community
as a whole.
(c) Legible under the circumstances in which they are seen.
2
Ordinance No.
Page 3
(d) Effective in indexing the environment.
(e) Conducive to promoting traffic safety by preventing visual distraction.
Section 2. Definitions.
Abandoned Sign: A Sign is considered abandoned if the business or other use
advertised on that Sign is no longer licensed, no longer has an Occupational License
or is no longer doing business at the location to which the Sign pertains.
Animated Sign: A Sign that uses motion of any part by any means, or that
displays flashing, oscillating, sequential or intermittent lights other than Time and
Temperature Signs, stock market price quotations and Changeable Copy Signs.
Attention-Getting Devices: Blinking or flashing lights, streamer lights,
pennants, banners, balloons, streamers, and all fluttering, spinning or other type of
attention attractors or advertising devices.
Awning Sign: A Sign placed on an awning that is supported entirely from the
exterior wall of a building and composed of a non-rigid material, and a supporting
framework.
Balloon Sign: Any Sign of fabric type material, inflated by air to a point of semi-
rigidity for the purpose of floating above the ground or a building.
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Ordinance No.
Page 4
Banner Sign: A Sign having characters, letters or illustrations applied to cloth,
plastic, paper or fabric of any kind with only such material for backing. National, state
or municipal flags shall not be considered a banner.
Bare Bulb Sign: Any Sign with an exposed bulb or other illuminating device.
Billboard: A Sign, including Signs located in the public right-of-way, utilized for
advertising an establishment, an activity, a product, service or entertainment, which is
sold, produced, manufactured, available or furnished at a place other than on the
property on which the structure is located.
Box/Cabinet Wall Sign: Any Sign, the face of which is enclosed, bordered or
contained within a box-like structure, frame or other device.
Bunting: Any kind of pennant, streamer or other similar fabric decoration.
Building Frontage: The horizontal distance on the ground from one end of a
building to the other, parallel to the designated front lot line of the property, as
determined by the Director.
Bus Bench/Shelter Advertising Sign: Any Sign painted on or attached to a
bench or to a shelter used by persons awaiting transportation.
Canopy Sign: A Sign hanging underneath a pedestrian shelter canopy in a
Multi-tenant Center.
Changeable Copy Sign: A Sign displaying messages that can be, or are
intended to be, changed electronically or by use of removable letters and numerals.
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Ordinance No.
Page 5
Channel Letter Sign: A Sign using three dimensional letters with a groove, or
other indentation or recess in the surface having an independent physical existence
from the building or other structure to which it is attached.
City Manager: The City Manager of the City of Aventura, Florida or persons
designated by the City Manager to interpret, administer and enforce this Ordinance.
Community Service Sign/Special Event Sign: Any Temporary Sign which
advertises solely a function or event of a non-profit organization, civic event or meeting,
or other similar activity of a temporary nature.
Construction Sign: A Sign containing information relating to improvements to
existing building or to new construction such as the project name, names of a general
contractor, architect, engineer or similar firm.
Detached/Freestanding Sign: Any Sign that is not attached to or painted on a
building, but that is affixed to a supporting structure that is attached to the ground by a
concrete foundation. Such Signs include Monument Signs. Such Signs do not include
Pole Signs.
Development Identification Sign: A Sign installed on a building or around the
perimeter of a residential development or neighborhood identifying the name of that
building, development or neighborhood.
Director: The Director of the Community Development Department..
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Ordinance No.
Page 6
Directional/Instructional Sign: A Sign which guides or directs the public and
contains no advertising. The name of the facility (such as store name) to which the
Sign provides direction may be included when specified conditions in this Ordinance
are met.
Directory Sign: A Sign index consisting of the names of tenants of an office
building, shopping center or other Multi-tenant Center.
Entrance Feature: Any combination of decorative structures and landscape
elements located at the entrance to the development, which identify or draw attention to
the development and/or act to control ingress and egress to the development. An
Entrance Feature may include, although is not necessarily limited to, ornamental walls,
fences, identifying lettering, logos, works of art, and other landscape elements, as well
as gatehouses, either singly or in any combination.
Externally Illuminated Sign: Any Sign illuminated by shielded electric lights
(including reverse channel lighting and back-lighting) which are not part of the Sign. All
Externally Illuminated Signs shall have the illumination device fully screened from view.
Facade: The front face of a building from the ground to the roof line.
Flag: Any fabric containing distinctive colors, patterns, or symbols used as a
symbol of a government, political subdivision or other similar entity.
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Ordinance No.
Page 7
Government Instructional Sign: A non-commercial Sign permanently erected
and/or maintained by the City, the County or State, or any agency thereof. Such Sign
may include legal notices, identification and information and may direct or regulate
pedestrian or vehicular traffic.
Internally Illuminated Sign: Any Sign having translucent characters, letters,
designs, logos or outlines illuminated by electric lights located within the Sign, or
luminous tubes designed for that purpose.
Marquee Sign: Any Sign attached to or hung from a covered structure
projecting from, and supported by the building with independent roof and drainage
provisions, and which is erected over a doorway or entranceway as protection against
the weather.
Model Sign: A Sign that designates a particular dwelling unit or units that is
exhibited to depict other units of a similar design for sale or rent.
Monument/Ground Sign: A Sign mounted on a freestanding solid structure
supported solely by its own ground-mounted base or supported by two pole-like
supports not to exceed 18 inches in height which is not attached or affixed in any way
to a building or other structure.
Multi-tenant Center: Any shopping center, office center or business center in
which two or more occupancies abut each other on the site or share common parking
facilities or driveways or are otherwise related.
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Ordinance No.
Page 8
Murals: Any mosaic, painting or graphic art technique applied, implanted or
placed directly onto an exterior wall.
Nameplate Sign: A Sign indicating the name, and/or profession or address of a
person, persons or business legally occupying the premises.
Neon Sign: Any Sign or building trim utilizing a neon or other similar gas for
illumination.
Non-conforming Sign: A legal and permitted Sign existing as of the effective
date of this Ordinance but which does not comply with the requirements of this
Ordinance or any amendments to this Ordinance.
Off-Premise Sign: Any Sign advertising a commercial establishment, activity,
product, service or entertainment that is sold, produced, manufactured, available or
furnished at a place other than on the property upon which the Sign is located. A Real
Estate Open House Sign shall not be considered an Off-Premises Sign.
Painted Wall Sign: Any painted Sign attached to and erected parallel to the
face of, or painted on the outside wall of any building.
Parapet: A false front or wall extension above the Roof Line of a Principal
Building.
Parapet Sign: Any Sign attached to or supported by a Parapet.
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Ordinance No.
Page 9
Parcel Frontage: The distance for which a lot line of a property adjoins a street,
from one property line intersecting said street to the furthest distance property line
intersecting the same street.
Pole Sign: Any Sign erected upon a pole or poles which is wholly independent
of any building and/or other structure for support.
Portable Sign: Any Sign not permanently attached to the ground or other
permanent structure or any Sign designed to be transported. Portable Signs shall
include, but not be limited to Signs designed to be transported by means of wheels;
skid-mounted Signs; Signs converted to A- or T-frames; Menu and Sandwich Signs;
Balloon Signs and Vehicle Signs.
Principal Building: The primary structure excluding ancillary or attached
structures or devices.
Projecting Sign: A Sign directly attached to and extending from a building or
other structure by more than four inches.
Pylon Sign: A Sign attached to or painted on the face of a vertical or horizontal
extension of any face of a building which extension constitutes an integral part of the
building structure.
Reader Board: A permanent Sign or portion thereof with characters, letters or
illustrations that can be changed or rearranged, electronically or otherwise, without
otherwise altering the face or the surface of the Sign. A Sign on which the only copy
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Ordinance No.
Page 10
that changes is an electronic or mechanical indication of time or temperature, stock
market price quotations, or retail gasoline service station prices shall not be considered
a Reader Board.
Real Estate Open House Sign: A Portable Sign indicating property for rent,
lease or sale that is currently open for inspection.
Real Estate Sign: A Temporary Sign erected on-site by the owner or his/her
agent, indicating property which is for rent, lease or sale, open for inspection, shown by
appointment only or such similar announcement.
Residential Zoning District: A area containing land zoned for residential
development.
Reverse Channel Letter Sign: Opaque individual letters or numbers that are
mounted directly on the wall with lighting within the letter or number so that they reflect
off of the wall, i.e., reverse lighting.
Roof: The roof of the Principal Building.
Roof Line: The lower extreme of the flat or nearly flat roof limits of the Principal
Building, excluding Parapets.
Roof Sign: A Sign erected over or on the Roof, or extending above the Roof
Line, which is dependent on the Roof, Parapet or upper walls of a building for support.
Safety Sign: Any type of safety marking or device as may be prescribed by fire
authorities or any other official public agency.
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Ordinance No.
Page 11
Sign: Any structure and all parts composing the same, together with the frame,
background or support therefor, that is used for identification, advertising, informational
or display purposes or any statuary, sculpture molding, casting or other objects used
for identification, informational, advertising or display purposes in a permanent or
temporary nature. Merchandise, vehicles or equipment used as an attention attractor
or advertising device, with or without a printed message, shall be considered a Sign.
Sign Area: The square foot area enclosed by the perimeter of the Sign
structure, including borders and framing. When a Sign is composed of individual
letters, symbols or logos only, the Sign Area is the area enclosed by a perimeter line
forming a single rectangle or square enclosing all letters, symbols and logos, and shall
be measured to the furthest point. In the case of a Monument Sign, the Sign Area is the
square foot area from the ground to the maximum height, times width.
Sign Height: The height of a Sign measured from the finished ground elevation
to the top extremity of the Sign. If the area around the Sign is bermed, then the height
of the Sign is measured using the crown elevation of the fronting street.
Snipe Sign: A Sign that is tacked, nailed, posted, pasted, glued or otherwise
attached to trees, poles, stakes, walls, trash receptacles or fences, or to other objects,
excluding notices required by law.
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Ordinance No.
Page 12
Swinging/ Hanging Sign: The term shall mean any Sign of larger than four
square feet in size which swings freely, rotates or revolves from or on supports with or
without guy wires.
Temporary Sign: Any Sign to be displayed for a limited period as specified
elsewhere in this Ordinance. A Temporary Sign shall be displayed only on the site to
which it applies.
Time and Temperature Sign: A display containing illuminated numerals
flashing alternately to show the time and/or temperature.
Traffic Control Sign: Any sign found in the Manual of Uniform Traffic Control
Devices as may be amended from time to time.
Vehicle Sign: A Sign affixed to or painted on a transportation vehicle including
automobiles, vans, trucks, boats, trailers and campers for the purpose of identification
or advertisement, excluding Signs less than two square feet per side of the vehicle and
excluding Signs on vehicles used in the normal day-to-day operations of a business.
V-Sign: A freestanding Sign with two sides angled rather than parallel and
flush. The spread of the V at the open end shall not be greater than the length of its
narrowest side. A V-Sign shall be counted as one Sign.
Wall Sign: A Sign which is affixed to or painted on and flat against an exterior
wall, fascia, cantilever or marquee of any building that is parallel thereto and supported
by such wall, fascia, cantilever, marquee or building.
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Ordinance No.
Page 13
Window Sign: A Sign attached to or painted on the inside of a store front
window or door.
Section 3. Prohibited SiQns.
The following are prohibited:
a) A Sign which significantly covers, interrupts or disrupts the major
architectural features of a building.
b) Abandoned Signs.
c) All Signs located on or over public property or right-of-way, except those
installed by governmental agencies.
d) Animated Signs.
e) Any Sign placed on or attached to utility poles except for the purpose of utility
identification.
f) Any Signs that could be confused with a Traffic Signal or Traffic Sign.
g) Any Signs that in the opinion of the City Manager constitute a safety hazard.
h) Attention-Getting Devices.
i) Balloon Signs.
j) Bare Bulb Signs.
k) Billboards, other than as permitted by federal law.
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Ordinance No.
Page 14
I) Box/Cabinet Wall Signs utilizing internal illumination excepting Box/Cabinet
Wall Signs comprised of boxes with cabinets consisting of individual letters
or where each box/cabinet consists of an individual letter or where the
individual letters are translucent and the Sign face is opaque.
m) Buntings.
n) Bus Bench/Shelter Signs.
0) Changeable Copy Signs except as specifically permitted under this
Ordinance.
p) Signs erected or painted on fences or wall enclosures except as specifically
permitted in this Ordinance.
q) Flags excepting one United States Flag and one governmental agency Flag
to be displayed together on a pole not to exceed 20 feet in height; one pole
each permitted per building.
r) Marquee Signs, except as specifically permitted in this Ordinance.
s) Murals.
t) Neon Signs (other than Reverse Channel and Wall Signs where permitted)
including neon building trim.
u) Off-premise Signs.
v) Painted Wall Signs.
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Ordinance No.
Page 15
w) Parapet Signs, excepting that 50% of that portion of a sign located in an area
with a parapet may extend above the roof line.
x) Any Signs illuminated from outside the boundaries of the Sign unless the
source of illumination is not visible from any abutting right-of-way or any
adjacent property.
y) Pole Signs.
z) Portable Signs, except as specifically permitted under this Ordinance.
aa)Projecting Signs, except Canopy Signs.
bb)Pylon Signs.
cc) Reader Boards.
dd)Roof Signs.
ee)Service station pump island banners or advertising or promotional Signs.
ff) Signs attached to trees other vegetative landscaping material.
gg)Signs placed on awnings, shades, canvas or other similar structures, except
as specifically permitted.
hh)Snipe Signs.
ii) Swinging/Hanging Signs.
jj) Vehicle Signs close to or on the public right-of-way when used for advertising
purposes at a given location or site in addition to or in lieu of Temporary or
other Signs permitted under this Ordinance.
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Ordinance No.
Page 16
kk)AII Signs not specifically permitted.
Section 4. Reauired Shms.
The following Signs shall be placed where relevant by a property owner and do
not require a permit:
a) Safety Signs
b) Address numbers:
1) Residential building with four dwelling units or less -- address numerals at
least four inches high but not greater than ten inches.
2) Residential building with more than four dwelling units -- address
numerals at least ten inches high.
3) Non-residential buildings - address numerals at least ten inches high.
c) Handicapped parking and handicapped access Signs: In accordance with
state handicapped parking and Federal Disabilities Act access requirements.
d) Traffic Control Signs
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Ordinance No.
Page 17
Section 5. Other Sians / No permit reauired
The following Signs may be placed without the filing of an application for the
issuance of a permit or the payment of a fee, but shall, unless otherwise exempted, be
subject to all other regulations set forth in this Ordinance. The foregoing exemption
from filing shall not be construed to waive the other provisions of this Ordinance or the
structural requirements outlined by this Ordinance and/or the South Florida Building
Code, as may be amended from time to time.
a) Government Instructional Signs
b) Temporary holiday decorations, provided they carry no advertising matter,
and further provided that they are not in place more than 45 days and are
removed seven days after the holiday ends.
c) No-trespassing and no-dumping Signs not to exceed one and one-half
square feet in Sign Area and not to exceed four per lot, except that special
permission may be obtained from the City Manager for additional Signs
under proven special circumstances.
d) Permitted Flags.
e) Nameplate Signs in residential districts when letters for said Signs do not
exceed three (3) square feet in Sign Area.
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Ordinance No.
Page 18
f) Nameplate Signs in non-residential districts on the rear of the building with
Sign Area not in excess of three (3) square feet and with letters not
exceeding three (3) inches in height.
g) Signs of a noncommercial nature erected by public utilities.
h) School and places of worship Signs as specified in this Ordinance.
i) Signs indicating the availability of accommodation in hotels, motels, etc.,
when said Signs conform with all provisions of this Ordinance and when said
Sign Area does not exceed three (3) square feet.
j) Changes of copy in permitted Changeable Copy Sign.
k) Handicapped Parking Signs or other similar parking Signs.
Section 6. Residential District Permanent Sians.
The following Signs are authorized in all Residential Zoning Districts and
Residential-office Zoning Districts:
a) Development Identification Sign: Permitted only for (i) multifamily buildings
with more than five units; (ii) single-family developments with more than five
units; (iii) religious institutions, schools and public uses. Where multifamily
dwellings are part of a larger development, there shall be only one
Development Identification Sign on each public street frontage of the
development.
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Ordinance No.
Page 19
Approvals Necessary City Manager
Number (maximum): 1 Monument Sign (or Sign mounted on
perimeter wall) per street frontage
indicating the name and address of the
complex, except 2 are permitted where
attached to wall of symmetrical Entrance
Feature
Sign Area (maximum): 32 sq. ft. (aggregate if 2 Signs)
Sign Height (maximum): 4 ft.
Setback (minimum): 5 ft. from right-of-way, 15 ft. from side
property line
Illumination Externally Illuminated Signs only.
Changeable Copy Sign Schools, religious and public institutions
only may be permitted one Changeable
Copy Sign in lieu of the permitted
Monument Sign. Said Sign shall not
exceed thirty-two (32) square feet in Sign
Area.
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Ordinance No.
Page 20
b) Directional
Approvals Necessary City Manager
Number: To be approved as part of site plan. If
not approved as part of site plan,
separate permits required
Sign Area (maximum): 4 sq. ft. each
Sign Height (maximum): 2 ft.
Other restrictions No advertising copy or logos
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Ordinance No.
Page 21
Section 7. Nonresidential District Sians.
The following Signs are authorized in all nonresidential districts in the City:
a) Detached, Freestanding or Monument Signs where otherwise
permitted, shall not be closer than two hundred (200) feet to another
previously permitted Detached, Freestanding or Monument Sign.
Approvals Necessary City Council
Number (maximum); 1 per parcel; parcel must have frontage
of at least 100 feet on a public street,
except for gasoline station parcels where
a 32 square foot Sign shall be permitted
notwithstanding the street frontage of the
parcel occupied by the gasoline station
(Subdivision of an existing building or
planned building group shall not entitle
the new parcels to additional Monument
Signs).
Sign Area (maximum):
300 ft. or more of Parcel Frontage: 32 sq. ft. maximum
less than 300 ft. of Parcel Frontage: 24 sq. ft. maximum
Sign Height (maximum): 4 ft.
Setback (minimum):
5 ft.
From right-of-way line:
From side property line: 20 ft.
Illumination Externally Illuminated Signs only.
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Ordinance No.
Page 22
Supplemental provisions:
Option on number of Signs if parcel has 2 Signs, each 12 sq. ft. or less
300 or more feet of Parcel Frontage and
two two-way access points.
Time and Temperature Sign authorized
within total permitted Sign area.
Landscaping and visibility sight triangle See applicable provisions contained in
on corner lot. this Ordinance.
Changeable Copy Sign
Schools, religious and public institutions
only may be permitted one Changeable
Copy Sign in lieu of the permitted
Monument Sign. Said Sign shall not
exceed thirty-two (32) square feet in Sign
area.
b) Wall Sign (Permitted only on buildings where the majority of the
floor area is in retail use. In the case of a Multi-tenant Center, Wall Signs
are permitted on walls that face an access drive or internal courtyard).
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Ordinance No.
Page 23
Approvals Necessary City Manager
Type Reverse Channel Letter Sign only
Number (maximum): 1 per ground or second floor
establishment which has its own frontage
and entrance facing a public street. (If
the Parcel Frontage requirement for a
Monument Sign precludes an office
building from having a Monument Sign,
one building identification Wall Sign that
otherwise meets the Wall Sign standards
is authorized).
Sign Area (maximum): 1 sq. ft. for each 1 lineal ft. of Tenant
Frontage
Illumination: See definition of Reverse Channel Letter
Sign
Supplemental provisions: See gas station
provisions contained in this Ordinance
c) Canopy Sign:
Approvals Necessary City Manager
Number (maximum): 1 per establishment
Sign Area (maximum): 4 sq. ft.
Minimum clearance above ground: 8 ft.
Must be rigidly attached
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Ordinance No.
Page 24
d) Awning Sign (permitted only in lieu of Wall Sign):
Approvals Necessary City Manager
Number (maximum): 1 per establishment
Lettering 1 line; letters not to exceed 9 in. in height
Logo Maximum of 6 sq. ft.
e) Directory Sign:
Approvals Necessary City Manager
Number (maximum): 1 per Multi-tenant Center, in addition to
other permitted Signs
Sign Area (maximum): 32 sq. ft. Complex name and lor address
shall not exceed 50% of base height.
Location On building wall (or freestanding within
internal courtyard)
Illumination Externally or Internally Illuminated Signs.
f) Window Sign (permanent):
Approvals Necessary City Manager
Number (maximum): 1 per establishment
Sign Area (maximum): 4 square feet; letter height not to exceed
four inches.
Illumination Prohibited
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Ordinance No.
Page 25
g) DirecUonalSign:
Approvals Necessary City Manager
Number To be approved as part of site plan; if not
approved as part of site plan, permit
required
Sign Area (maximum): 4 sq. ft.
Height (maximum): 2 ft.
Other restrictions No advertising copy or logos
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Ordinance No.
Page 26
Section 8. Temporary Siems.
The following Temporary Signs are authorized in the City:
a) Grand opening Banner:
Residential Nonresidential
District District
Approvals Necessary City Manager City Manager
Number (maximum): 1 per project 1 per establishment per
calendar year in a Multi-
tenant Center
Sign Area (maximum): 30 sq. ft. 30 sq. ft.
Sign Height (maximum): 4 ft. 4 ft.
Length of display 14 consecutive days after 14 consecutive days after
issuance of initial issuance of initial
occupational license occupational license
Frequency 1 per year 1 per year
Other Restrictions Sign copy shall only Sign copy shall only
include "Grand Opening" include "Grand Opening"
and the Name of the and the Name of the
Project. Signs shall Project. Signs shall
indicate expiration date on indicate expiration date on
lower right hand corner. lower right hand corner.
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Ordinance No.
Page 27
b) Real Estate Signs: (No permit required).
Residential Nonresidential
District District
Number (maximum): 1 per lot, except corner 1 per lot
lots may have 2
Sign Area (maximum): 40 sq. in. aggregate for 4 sq. ft. aggregate
each
Sign Height (maximum) 4 ft. 4 ft.
Setback (minimum) 5 ft. 5 ft.
Length of Display Shall be removed within Shall be removed within
10 days after the closing. 10 days after the closing.
Other Restrictions Sign copy shall be limited Sign copy shall be limited
to: (i) situation (i.e. sale, to: (I) situation (i.e. sale,
rent, lease, zoning, size of rent, lease, zoning, size of
property); (ii) name of property); (ii) name of
owner; broker or agent; owner; broker or agent;
(iii) phone number; (iv) (iii) phone number; (iv)
designs or trademarks not designs or trademarks not
comprising more than 20% comprising more than 20%
of Sign Area of Sign Area
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Ordinance No.
Page 28
c) Construction Sign:
Residential Nonresidential
District District
Approvals Necessary City Manager City Manager
Number (maximum): 1 per lot 1 per lot
Sign Area (maximum): 32 sq. ft. 32 sq. ft.
Sign Height (maximum): 4 ft. 4 ft.
Setback (minimum): 5 ft. from property line, not 5 ft. from property line, not
in right-of-way site in right-of-way or site
or visibility triangle
visibility triangle
Length of display Permitted for a 12 month Permitted for a 12 month
period from date of period from date of
building permit issuance building permit issuance or
or until construction until construction
completed completed
Other Restrictions Sign copy may include Sign copy may include
only: (i) project name; (ii) only: (i) project name; (ii)
nature of development; (iii) nature of development; (iii)
general contractor; (iv) general contractor; (iv)
architect; (v) lending architect; (v) lending
institution; (vi) owner or institution; (vi) owner or
agent; and (vii) phone agent; and (vii) phone
number number
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Ordinance No.
Page 29
d) Model Sign: (No permit required).
Residential Nonresidential
District District
Number (maximum): 1 per model unit lot and 1 (Not applicable)
per office lot
Sign Area (maximum): 4 sq. ft.
Sign Height (maximum): 4 ft.
Model arrow Signs 3 per development not to
exceed 2 sq. ft. each.
Shall not be located in
right-of-way or site
visibilitv trianQle.
Flags Not permitted, except as
specifically allowed in this
Ordinance
Time limit Until certificate of
completion/occupancy is
issued for last house in
development.
Other Restrictions Sign copy may include
only: (i) "Model"; (ii)
builder; (iii) architect; (iv)
agent; (v) number of
bedrooms and baths; (vi)
telephone number
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Ordinance No.
Page 30
e) Window Sign, temporary:
Residential Nonresidential
District District
Approvals Necessary Not permitted City Manager
Sign Area (maximum): 10% of window area up to
a maximum of 10 sq. ft.
Time limit 14 days
Frequency Business or use shall be
limited to 5 such
advertising Sign permits
per calendar year
f) Garage sale Sign:
Residential Nonresidential
District District
Approvals Necessary City Manager Not Permitted
Number (maximum): 1 per lot on site
Sign Area (maximum): 6 sq. ft.
Height (maximum): 4 ft.
Length of display Maximum of 1 weekend
during any 6 month period
Setback Not on right-of-way
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Ordinance No.
Page 31
g) Real Estate Open House Sign. Such Sign is located on-premises, on
private property (upon permission of the private property owner), but which shall
not act as an obstruction to vehicular or pedestrian traffic. (In conformance with
design specifications as provided by the City Manager): (No permit required).
Residential Nonresidential
District District
Number (maximum): 1 per property (2 per 1 per property (2 per
property when more than 1 property when more than 1
unit is for lease or sale on unit is for lease or sale on
property) property)
Sign Area (maximum): 6 sq. ft. 6 sq. ft.
Sign Height (maximum): 6 ft. 6 ft.
Time limit Permitted Saturdays and Permitted Saturdays and
Sundays 10:00 a.m. to Sundays 10:00 a.m. to
4:00 p.rn. Must be 4:00 p.m. Must be
removed same day. removed same day.
h) Community Service Signs/Special Event Signs: The number, size and
location of Signs to be determined by the City Manager.
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Ordinance No.
Page 32
i) School and places of worship Signs.
Not in freestanding In freestanding structure
structures
Approvals Necessarv City Manaaer City Manaaer
Number: 1 1
Sign Area (maximum): 12 square feet 32 square feet
Sign Height (maximum): 5 feet 6 feet
Setback Shall not be placed in any Shall not be placed in any
right-of-way or site visibility right-of-way or site visibility
triangle. triangle.
Length of display Shall be displayed only Shall be displayed only
during worship services during worship services
and related functions. and related functions.
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Ordinance No.
Page 33
Section 9. Supplemental reaulations.
a) Multi-tenant Center Sign graphics criteria.
1) The owner of a Multi-tenant Center shall submit to the City Manager a
written statement of the uniform Sign graphics criteria for the Multi-
tenant Center (the "Criteria'). The City Manager shall review the
Criteria, make a recommendation and submit the Criteria, along with
the recommendation to the City Council, for final approval. Once the
Criteria have been approved, they shall apply to the entire Multi-tenant
Center, as well as to each individual occupant, and shall remain in
effect for so long as the Multi-tenant Center exists, regardless of a
change in ownership or management, unless and until the owner
obtains approval to amend the Criteria from the City Council. The
Criteria for each Multi-tenant Center shall include, but not be limited
to, color(s), type of Signs, style of letters, size of letters (maximum or
minimum) and size of Signs.
2) An application to erect any Sign for any portion of a Multi-tenant
Center shall include and comply with the Criteria established for the
Multi-tenant Center, a sketch of the proposed Sign and the written
consent of the owner of the Multi-tenant Center for the proposed Sign.
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Ordinance No.
Page 34
b) Illumination of buildings by Externally Illuminated Signs: There shall
be no illumination of buildings facing residentially zoned properties. The degree of
illumination of buildings by Externally Illuminated Signs, where permitted, shall not be
brighter than the standard for parking lot and grounds lighting.
c) Changeable Copy Signs:
1) Drive-through Restaurant: In addition to other permitted Signs, Drive-
through restaurant establishments shall be permitted to have a
Changeable Copy Sign showing menu or featured items, provided (i) it
has a transparent protective locked cover; (ii) it is affixed to a wall of the
establishment adjacent to the drive-in service window or located
freestanding within and parallel to the drive-in lane area; (iii) Sign shall
not exceed six feet in Sign Height or 32 square feet in Sign Area; (iv) a
landscaped area of at least 100 square feet shall be located around the
base of all such Signs. Additionally, whenever such Sign is visible from a
right-of-way a tree shall also be required and located so as to screen the
Sign from the right-of-way.
2) Theaters and playhouses: May be permitted one Sign in addition to
those permitted by this Ordinance for the purpose of displaying
Changeable Copy, with the approval of City Council. At no time shall the
additional Changeable Copy Sign exceed 40 square feet in Sign Area for
34
Ordinance No.
Page 35
a single screen or stage theater. Multiple screen theaters may be
permitted additional Sign Area, of 10 square feet per movie screen. Such
Changeable Copy Sign shall contain only the title of the performance, the
MPAA rating, the hours of the performance, and the name of the
production company or of the major star.
d) Gasoline station canopies. A company logo not to exceed four square feet
shall be permitted on each side of a gasoline station canopy. Wall Signs
shall be prohibited on gasoline station canopies.
e) Billboards. No portion of any Billboard shall be located closer than ten feet
to any right-of-way line. Additionally, a relocated Billboard shall be
considered a new Billboard.
f) Rear of Signs. Where the rear or side of any Sign is visible from any street
or from any adjoining Residential Zoning District, such side or rear shall
present a completely finished appearance.
g) Nuisance and safety.
1) lIumination: No Externally or Internally Illuminated Sign shall cause an
unreasonably excessive glare intensity in an adjacent residential district.
2) Site triangle: No Monument Sign shall be located within a 25-foot triangle
at the intersection of two public streets (measured along the property or
right-of-way line) unless it is 30 inches or less in height.
35
Ordinance No.
Page 36
g) Landscaping of Detached and Freestanding Signs. Unless otherwise
provided in this Code, all Detached and Freestanding Signs shall be placed
in a planting bed with at least two feet of planting surrounding the Sign on all
sides. This bed shall contain shrubs, flowers or other ground cover, and shall
be shown on a site plan or survey.
Section 10. Permit reauirements as condition precedent to the installation
or alteration of Sians.
a) Permit required. It shall be unlawful for any person to install, relocate, alter
or cause to be installed, relocated or altered within the municipal limits of the
City, any Sign without first having obtained a required permit from the City
Manager, which said permits shall be issued only after a determination has
been made of full compliance with all conditions of this Ordinance. No person
shall install, relocate, alter or cause to be installed, relocated or altered, any
Sign, other than Temporary Signs, unless the person is properly licensed to
install, relocate, or alter Signs in Dade County. It shall be unlawful for person
to knowingly construct or cause to be constructed a Sign contrary to the
regulations of this Ordinance.
36
Ordinance No.
Page 37
b) Permit applications. Applications for permits required by this Ordinance
shall be filed with the City Manager and shall contain the following
information:
1) Name and address of owner of proposed Sign and/or authorized agent.
2) Type of Sign/or Sign structure with all relevant dimensions.
3) Location and legal description of premises upon which Sign is to be
located.
4) A plan or design of the Sign, to scale, showing the square foot Sign Area
and Sign Height of the Sign as well as the Sign face, height of letters,
colors, materials, lighting, equipment, if any, and its position relative to
the building and/or property line.
5) Value of the Sign.
6) Written permission to erect proposed Sign from owner and/or owners of
property on which said Sign is to be erected.
7) Such other structural and technical information as may be required by
either the Building Official or Community Development Director.
c) Permit fees. Permit fees for the erection of Signs shall be collected in
accordance with this Code.
d) Permit issuance; labels to be affixed. If upon examination, City Manager
or his/her designee, determines that an application is in conformance with
37
Ordinance No.
Page 38
the provisions of this Ordinance, he/she shall cause a written permit to be
issued authorizing the installation of the Sign. With each permit the City
Manager or his/her designee shall also cause a label to be issued bearing a
unique identification number. This label shall then be affixed to the Sign by
the permittee prior to final inspection by the Building Official, in a manner so
that the label will be readily visible for inspection purposes. Absence of such
a label upon any Sign constructed or installed shall be prima facie evidence
of failure to meet the requirements of this Ordinance.
e) Permit revocation. Permits issued under this Ordinance shall be valid for
the life of the Sign approved. However, any permit may be revoked by the
City Manager upon the determination that the Sign is not in full compliance
with the provisions of this Ordinance. Further, if the Sign authorized by any
permit has not been constructed within three months after the date of
issuance of that permit, the permit shall automatically be revoked and a new
permit required.
f) Appeals of Administrative Decisions. Anyone appealing an administrative
decision relating to a Sign application or the permitting process may appeal
such decision to the City Council by filing a request with the City Clerk within
15 calendar days of the decision of the City Manager. The Clerk shall place
such item on the next available City Council agenda.
38
Ordinance No.
Page 39
g) Variances. Anyone seeking a variance of the provisions of this Ordinance
shall file such application with the City Manager. An application for variance
shall be made pursuant to the City's procedure for requesting a zoning
variance and shall be scheduled for a hearing by the City Council who shall
grant or deny such variance using the criteria for zoning variances.
Section 11. Non-conformina Sians.
a) Amortization of Sign Code Non-conformities. Any Non-Conforming Sign
that existed at the time this Ordinance became effective may be continued,
although it does not conform to all the provisions hereof, provided that no
structural alterations are made thereto and that all such Non-Conforming
Signs shall be completely removed from the premises or made to conform by
May 1, 2000.
b) Exception to amortization schedule.
1) Non-Conforming Portable Signs, Banners, Flags, traffic hazard Signs, all
paper window display Signs, and service station pump advertising and
promotional Signs, shall be removed within three months of the effective
date of this Ordinance.
2) All illegal Signs shall be removed immediately.
39
Ordinance No.
Page 40
a) Other termination of Non-conforming Signs.
1) By abandonment - Abandonment of a Non-conforming Sign shall
terminate its Non-conforming status.
2) By damage or poor condition - The Non-conforming status of a Sign shall
cease whenever the Sign is damaged beyond 50 percent as determined
by the City Manager from any cause whatever, or to the extent the Sign
becomes a hazard or danger.
3) Abandoned and damaged Signs, as described in this Ordinance, shall be
removed by owners in accordance with the requirements of this
Ordinance.
d) Non-conformities created by amendments to this Sign Ordinance. Any
Sign which becomes non-conforming as a result of any subsequent
amendments to this Ordinance shall be completely removed from the
premises, or altered to conform, not later than three years from the date such
Sign becomes non-conforming.
e) All Non-Conforming Signs that are not registered with the City Manager
within 90 days of the effective date of this Ordinance are illegal and shall be
removed immediately.
Section 12. Sign maintenance.
40
Ordinance No.
Page 41
a) Maintenance. All Signs shall be maintained in a safe, presentable and good
structural condition, which shall include the replacement of defective parts, repainting,
cleaning and other acts required for the maintenance of the Sign. The area around the
base of the Sign shall be kept free of weeds and debris. If a Sign does not comply with
the above standards, the City Manager may require its removal in accordance with this
Ordinance.
b) Dangerous or defective Signs. No person shall permit to be maintained on
any premises owned or controlled by him/her, any Sign that is in a dangerous or
defective condition. Such Sign shall be removed or repaired by the owner of the Sign
or the owner of the premises.
Section 13. Removal of improper Sians.
a) Removal. The City Manager shall cause the removal of any Sign in violation
of this Ordinance in accordance with the procedures set forth in the City of Aventura
Code Enforcement Ordinance.
b) Emergency. Notwithstanding the above, the City Manager may cause the
immediate removal of any Sign that poses an immediate danger to the health, safety or
welfare of the community. The City Manager may cause the Sign to be made safe as an
alternative to removal. In either event, City personnel may enter onto premises, with or
without the property owner's consent, for emergency repair or removal.
41
Ordinance No.
Page 42
c) Removal or repair costs. Costs incurred by the City in removal or repair of a
Sign shall be charged to the real property owner on whose property the Sign is located.
The City shall assess the entire cost of such demolition, removal or repair, which
assessment shall include, but not be limited to, all administrative costs, postal
expenses and newspaper publication costs. Such charge shall constitute a lien upon
such property. The City Clerk shall file such lien in the County's official record book
showing the nature of such lien, the amount thereof and an accurate legal description
of the property. No certificate of use and occupancy shall be approved for such a
property until the full amount associated with the lien, or the full amount in the event no
lien has yet been filed, has been paid to the City by the property owner.
Section 14. Repeal of Conflictina Provisions. Pursuant to City Charter
Section 8.03, the provisions of Sections 33-82 to 33-121.27 et seq. Of the Metropolitan
Dade County Code are hereby repealed as they apply to the City.
Section 15. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
42
Ordinance No.
Page 43
Section 16. Effective Date. This Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Councilmember
who moved its adoption on first reading. This motion was seconded by Councilmember
and upon being put to a vote, the vote was as follows:
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Councilmember
, who
moved its adoption on second reading. This motion was seconded by Councilmember
and upon being put to a vote, the vote was as follows:
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder I
PASSED AND ADOPTED on first reading this _ day of
,1997.
PASSED AND ADOPTED on second reading this _ day of
,1997.
ARTHURI.SNYDER,MAYOR
43
Ordinance No.
Page 44
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
44
WEISS SEROTA & HELFMAN, P.A.
ATTORNEYS AT LAW
2665 SOUTH BAYSHORE DRIVE
SUITE42Q
BROWARD OFF"ICE
sse EAST LAS OLAS BOULEVARD
SUITE 710
FORT LAUDERDALE, FLORIDA 33301
TELEPHONE (954) 763-1189
ROY.). BARQUET
STEPHEN S. BODDEN
NINA L.. 80NISKE
DANIEL H. COUlTOFF
L. ROBERT ELIAS
EDWARO G. GUEOES
STEPHEN J. HEL.FMAN
JILL A. JARKESY.
SUSAN lEVINE
GIL.BERTO PASTORIZA
EL.LEN N. SAUL"
GAll D. SEROTA"
JOSEPH H. SEROTA
RICHARD JAY WEISS
DAVID M. WOLPIN
STEVEN W. ZELKOWITZ
MIAMI, FLORIDA 33133
TELEF'HONE (305) 854-0800
TELECOPIER (305) 854-2323
February 11, 1997
PALM BEACH OFFICE
1872 SOUTHWEST 17TH STREET
BOCA RATON, FLORlDA 33486
TELEPHONE (561) 392-8762
TELECOPIER (s61) 392-7551
.OF COUNSEL
The Honorable Mayor Snyder and
Members of the City Council
City of Aventura
Concorde Center II
2999 N. E. 191st Street
Suite 500
Aventura, Florida 33180
Re: Restriction Of City Park to Residents Only
Dear Mayor Snyder and Council Members:
I. Request For Leqal Opinion
You have asked us to research whether the City may restrict
access to a public park to City residents. For purposes of our
analysis, we have made the assumption that the park land was not
purchased by the City utilizing any federal or state funds that may
contain restrictions against the exclusion of non-residents.'
II. Opinion
Based upon our research of the matter and the authorities
cited below, it appears that generally a "resident only"
distinction may be made provided that the record contains specific
factual and policy declarations which demonstrate that the
'/ The City's ten-acre park site includes approximately five
acres that were purchased by the City from winn Dixie Corporation.
The balance of the site will be acquired through Dade County. We
are working with staff to review those documents applicable to the
Dade County tract to determine if there are any restrictions
imposed on the use of the property by the grantors or by Dade
County Charter or Code and will update this Opinion accordingly.
Mayor Snyder and
Members of the City Council
February 11, 1997
Page 2
restriction bears a rational relationship to legitimate municipal
goals of the City.
III. Leaal Analvsis
The Fourteenth Amendment to the u.s. Constitution provides
that no state shall deny to any person within its jurisdiction the
"equal protection" of the laws. The proper test to use in
determining whether a "resident only" restriction for the use of a
City park violates the equal protection clause is the "rational
relationship" test, i.e., a rational foundation for a distinction
between residents and non-residents must be shown in order to
sustain the distinction. Such a classification cannot discriminate
against a class of persons merely because they are non-residents of
a municipality. Citv of Maitland v. Orlando Bassmasters, 431 So.2d
178 (Fla. 5th DCA 1983), AGO 074-279. However, under the "rational
relationship" test, the regulation is presumed valid and will not
be disturbed unless it lacks a reasonable relation to a valid
municipal purpose.
Although there are no cases directly on point in the State of
Florida, this issue has been addressed in other States.'
In Van Ness v. Borouqh of Deal, 367 A.2d 1191 (1976), the
Superior Court of New Jersey held that a regulation limiting the
use of municipally owned beach club facilities to residents of the
municipality did not deny equal protection. The City of Deal built
a municipal beach club facility consisting of a parking lot, an
olympic and infant's pool, changing facilities, restrooms,
bathhouses and cabanas, a snack bar, a restaurant, and recreational
facilities; including shuffleboard, ping pong, basketball and
tetherball. The construction of the facility was financed through
municipal revenues and bonds. The City limited access to the
facilities by allowing only residents to become members of the
beach club. In Van Ness the Court found that the City of Deal could
reasonably distinguish between residents and nonresidents in
providing access to the facility because (1) the facility had a
limited capacity; and (2) the facilities had been developed and
maintained through local taxes and bonds financed by residents.
'/ The Florida Attorney General has opined in a series of
opinions that parks are generally held for the general public not
for residents. However, those opinions refer to public coastal,
shoreline and beach front property which cannot be restricted
solely to residents based upon the "Public Trust Doctrine".
WEISS SEROTA & HELFMAN, P.A.
Mayor Snyder and
Members of the City Council
February 11, 1997
Page 3
Similarly, in Zarooqian v. Town of Narraqansett, 701 F.Supp.
302 (D.R.I. 1988), the town of Narragansett (the "Town") restricted
use of the Canonchet Beach Facility to Town residents. The
facility consisted of cabanas, changing rooms, showers, kitchen
areas and a meeting room. Non-residents filed suit against the Town
claiming that denying them the opportunity to lease facilities at
Canonchet Beach violated the Equal Protection Clause of the United
States Constitution. The Court upheld the Town's residency
limitation observing that showers and changing rooms "by virtue of
their finite number must be restricted", in holding that limitation
on the use rationally furthered the aim of the Town to allocate the
limited number of rental facilities. The Court found that the
"rationing of this scarce resource was based on a rational premise"
as the Town's resident priority policy acted to secure an equitable
enjoyment of the individual beach facilities for the Town's
inhabitants.
On a similar issue the Supreme Court has held that an
ordinance restricting parking to residents did not, on its face,
violate the equal protection guarantee of the Fourteenth Amendment,
even though the ordinance discriminated between residents and
nonresidents. Count v Board of Arlinqton Count v , Va. v. Richards.
434 U. S. 5. (1977) In Arlinqton, the County adopted a zoning
ordinance which provided for the issuance of parking permits to
residents of designated residential areas, and which prohibited the
parking of an automobile without a permit in the designated areas.
The purpose of the ordinance was to stem the flow of commuter
traffic from commercial and industrial districts into adjoining
residential neighborhoods, and to reduce air pollution and other
environmental effects of automobile commuting. The Court found
that the goals of the ordinance were legitimate and that the
distinction drawn by the ordinance between residents and non-
residents rationally promoted the regulations's objective.
IV. SUIIIIIlarv
In summary, while the law does generally permit
classifications which distinguish between residents and
nonresidents such classifications would need to be implemented by
adoption of an ordinance based upon specific legislative findings.
In creating a municipal park which limits access to residents, the
City must first justify its favored treatment of residents as the
municipalities did in the Van Ness and Zarooqian cases discussed
above. If the Council wants to proceed in this direction, the next
step would be to begin to identify specifically and in detail the
need for the regulation and the rational basis for it. We are
available to work with staff on this matter. In the meantime, if
WEISS SEROTA & HELFMAN, P.A.
Mayor Snyder and
Members of the City Council
February 11, 1997
Page 4
you have any questions, please do not hesitate to call either
myself or Richard.
Sincerely,
\
Nina L. Boniske
NLB/dg/328001
cc: Mr. Eric M. Soroka, City Manager
Richard J. Weiss, Esq.
WEISS SEROTA & HELFMAN, P.A.
POLICE DEPARTMENT
POSITION AUTHORIZATION
.
2001 Police Chief
2002 Executive Assistant
2003 Deputy Chief of Police
2004 Lieutenant
2005 Commander
2006 Lieutenant
2007-2010 Sergeant
2011-2036 Pollee Officers
2037-2042 Police Service Aides
2043-2046 Detectives
2047 Com Pol/Crime Prev Off
2048 Records Clerk
2049 Administrative Asst.
2050-2056 Dispatchers
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A VENTURA POLICE DEPARTMENT
RANK
CHIEF
DEPUTY CHIEF
LIEUTENANT
LIEUTENANT
SERGEANT
SERGEANT
SERGEANT
DETECTIVE
DETECTIVE
CORPORAL
CORPORAL
POLICE OFFICER
POLICE OFFICER
POLICE OFFICER
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POLICE OFFICER
POLICE OFFICER
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POLICE OFFICER
POLICE OFFICER
POLICE OFFICER
OFFICER PROFILE
NAME
THOMAS E. RIBEL
STEVE STEINBERG
WILLIAM 1. W ASHA, JR.
STEVE SEEFCHAK
GLENN KAPT AINE
ROBERT SABATINO
VICTOR ANCHIPOLOVSKY
JAMES CUMBIE
MICHAEL MAUER
DONALD ASADA
WILLIAM JONES
STEVE SHUBERT
ROBERT BEATY
WENDL YN POPE
MARK HUFFMAN
THOMAS MUNDY
IVELISE CROWLEY
JEFFREY BURNS
PHILIP MOLDOVAN
CHARLES TRAVIS II
TROY VEZINA
MICHAEL GIORDANO
BRYAN PEGUES
HARVEY SCHARF
YRS. OF
EXPERIENCE
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Age Distribution
1990 Census
5<
65+
35-84
CIl
Cl 1&;l4
<
&-17
0%
10%
20%
30%
40%
50%
60%
Based on Population of 15,384
Age Distribution
1995 Random Sample Survey
65+
55-65
CIl
Cl
<
36-55
Under 35
0% 5% 10% 15% 20% 25% 30% 35%
Conducted by Florida Institute of Gov't and the
Institute for Public Opinion Research