11-04-1996 CC Workshop Agenda~r~w. c~rsrlj o.T
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Next workshop meeting - November 18,1996 at 9:00 A.M.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
David M. Wolpin, Es~N~iss
Eric M. Soroka, Ci~/~a?a~er
October 29, 1996
Response to The Miami Herald's
Newsrack Ordinance
Semta & Helfman, P.A.
Comments on
the Proposed
I have had an opportunity to review The Miami Herald's concems regarding the City's
proposed newsrack ordinance as outlined in their letter dated October 18, 1996. The
following is a summary of the response to their concerns:
Permit Requirement and Fees. Agree to revise Section 6 to provide for only a one-
time permit fee. The fee is appropriate in order to cover the costs incurred by the
City to implement the requirements of the Ordinance.
Distance Restrictions. It was our intent to not allow and deter newsracks from being
placed on sidewalks throughout the City. Sidewalks were constructed as a method
for residents to travel from one point to another. They were not designed or
intended to be a newsrack staging area.
In order to further clarify Section 9(4)viii the word "lawn" could be deleted.
Additional information or clarification is needed to address concems regarding
9(4)(v).
It is our interpretation that the English Miami Herald and the Spanish El Nuevo
Herald would be treated as two different newspapers.
3. Size of Newsracks. We do not concur with increasing the size of the racks by
allowing double racks.
4. Appeal Procedure. We concur with the suggestion to provide ten (10) days after
receipt of the citation order to correct the problems or appeal.
5. Effective Date. As part of the implementation process, we normally would provide
thirty (30) days' notice to all newspaper vendors to comply with the Ordinance.
Memo to David M. Wolpin, Esq.
October 29, 1996
Page 2
Please share the above comments with the attorney representing The Miami Herald in
order to determine if we need to agendize this matter at a workshop meeting.
EMS/ne
cc: City Council
CM0138-96
A Knight-Ridder Newspaper
Jerold I. Budney
Associate Gem, ral Cvunsel
~3051 376-4.586
RECEIVED
Via Fax
Mr. David Wolpin
Aventura City Attorney
Weiss, Serota & Helfman
2665 S. Bayshore Dr., Ste.
Miami, FL 33133
0 C T 2 i 1996
OFFICE OF 'lite
CITY MANAGER
204
October 18, 1996
Aventura Newsrack Ordinance
Dear David:
The Miami Herald appreciates the Council's willingness to
listen to our concerns about the proposed newsrack ordinance. We
are happy to summarize in writing the major issues, and look
forward to attending the upcoming workshop to discuss them in
greater detail. Please let me know when you have decided on the
date and time of the workshop.
We would like the Council to consider the following concerns
about the current form of the proposed ordinance:
1. Permit Requirement and Fees. The Herald has no objection to
notifying the City of the location of our newsracks. The ordinance
appears to require us to provide that information in an application
for a one-time permit for those locations. The permit is to be
issued without prior inspection, but conditioned on continued
compliance with the provisions of the ordinance.
However, the ordinance is ambiguous in Section 6 as to
whether the permit fee is a one-time fee accompanying the one-time
permit application, or whether it is an annual fee. We would be
greatly concerned if you are intending to impose an annual fee on
each of our newsracks. Permit fees are unconstitutional unless a
City can show they do not exceed the City's actual cost of
administering the newsrack ordinance. City of Hallandale v~ Miami
Herald, 637 So.2d 929 (Fla. 4th DCA 1994)(Hallandale's annual $10
per newsrack fee held unconstitutional). We do not believe the City
can show its actual cost of administering this ordinance would
equal the revenue generated by annual fees on every newsrack in the
City. This is particularly true because Section 11 of the ordinance
also imposes an additional $10 per newsrack fee for every failed
inspection. I do not believe the City has done such a cost/revenue
analysis, which it would be required to do before imposing such an
annual fee. Chicaqo Newspaper Publishers v. city of Wheaton, 697 F.
Supp. 1464, 1471 (N.D. Ill. 1989)
Other South Florida cities have either eliminated fees
entirely (for example, Hollywood), or imposed a one-time fee
significantly less than the $10 per newsrack fee you have proposed
based on a detailed cost analysis (for example, Miami Beach).
Attached are copies of those ordinances for you to consider as
models for eliminating or revising your proposed permit fee.
2. Distance Restrictions. We understand the City did not
intend to restrict the public's ability to obtain newspapers
through newsracks in Aventura. However, some of the proposed
distance restrictions may have that unintended effect unless they
are clarified or modified.
For example, Section 9(4)(vii) requires at least six feet of
clearance on sidewalks. The Herald agrees there needs to be
sufficient clearance for pedestrians, including handicap access.
However, the ADA and Section 337.408, Florida Statutes, only
require three feet of clearance for wheelchairs. Moreover, many of
your sidewalks are less than six feet wide~ confirming that less
than six feet is needed for adequate clearance. Because newsracks
are usually two feet deep, you would effectively be banning
newsracks from all sidewalks in the city which are less than eight
feet wide. We respectfully request you modify this restriction to
require three feet of clearance. This would conform with Federal
and State law, and still allow newsracks on most sidewalks without
interfering with pedestrian traffic.
In addition, we would appreciate a clarification of Section
9(4) (viii). We do not believe you intended to ban newsracks from
the "parkway" area between the street and the sidewalk. Indeed,
Section 10 of the ordinance expressly applies to newsracks resting
on "any public sidewalk or parkway". However, that area often has
grass. We believe such grass was not intended to be included in the
definition of "lawn" or "landscaping", but suggest this provision
should be clarified to prevent future confusion.
Similarly, Section 9(4) (v) regarding the distance from bus
stop signs is ambiguous, and should be clarified.
Finally, Section 9(4)(ix) prohibits placing a newsrack within
100 feet of another rack "containing the same issue or edition of
the same publication". We are unclear how this would be applied to
our situation. We publish both the English Miami Herald newspaper
and the Spanish E1 Nuevo Herald newspaper. Some of our newsracks
contain only the English newspaper, and other racks have both the
Spanish and English papers combined. This is because of the varying
needs and interests of the residents of Aventura. Each of these two
types of newsracks is colored and lettered differently so our
readers can recognize which newspaper is being distributed from
each newsrack. We do not think we should be prohibited from having
one of these newsracks within 100 feet of the other. We request
that this provision be modified to clarify this situation.
3. Size of Newsracks. Section 10(A) specifies the maximum
width of newsracks to be 30 inches. We request the width be
modified to 32 inches, as that is the width of our double racks. We
only use double racks where demand for newspapers at a location
exceeds the capacity of a single rack. We use double racks instead
of two single racks because they take up less space. We understand
the City wants to reduce the length of long rows of newsracks
without disrupting the public's ability to obtain newspapers.
Making this slight revision would be consistent with this policy.
4. Appeal Procedures. Section 11 provides that a newsrack
which has been cited for violating the ordinance will be removed
unless we correct the violation "within five (5) days (excluding
Saturdays, Sundays, and legal holidays) after the mailing date of
the order or appeal the order within three (3) days after its
receipt." Section 12 provides an appeal "must be perfected within
10 days after r~ceipt of notice" by filing a letter of appeal with
the City Manager. I do not have a copy of Ordinance No. 96-14 which
spells out the City's appellate procedures. I would appreciate it
if you could fax me a copy at your earliest convenience.
Although we do not anticipate there being violations,
sometimes our racks are moved or defaced by third parties which
could create a violation without our knowledge. Or we may disagree
with your code inspector as to whether there is a violation, and
wish to appeal the citation order. We want to make sure we have a
reasonable amount of time after receiving notice to assess the
situation and either correct the problem or prepare an appeal
letter. But if the mail takes five days to arrive, or if it arrives
on the Friday before a holiday weekend, we would not have time to
make the assessment and take corrective action. Moreover, Section
12 anticipates there being 10 days after receipt of notice to file
an appeal, but under Section 11 the rack would have been pulled
seven days earlier. We therefore request that we be given 10 days
after receipt of the citation order to correct the problem or
appeal before the city removes our newsrack.
5. Effective Date. The ordinance provides it is to become
effective immediately upon passage. We request 30 days to prepare
and file the permit applications, and adjust our locations to
comply with the ordinance.
David, although we do not believe an ordinance is necessary,
we want to work with the City to prevent safety and aesthetic
problems. However, we do believe the above changes and
clarifications are necessary. I am looking forward to explaining
our concerns to you and the Council at the upcoming workshop. As
soon as the date and time of the workshop are finalized, please let
me know. Thank you again for your cooperation.
cc: Mr. Eric M. Soroka,
Sincerely,
City Manager (w/o encl)
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Proposed Newsrack Regulation Ordinance
1st Reading October 2, 1996 City Council Agenda Item 7-._.~1
2nd Reading October 16, 1996 City Council Agenda Item ?- ~,
Recommendation
Based on the concems expressed by Councilmembers regarding the uncontrolled
placement of newsracks in the City, it is recommended that the City Council adopt the
attached Ordinance regulating newsracks. The attached updated Ordinance includes
the comments and revisions requested by Councilmember Beskin.
Backqround
The City Attorneys' Office and I have reviewed various ordinances regulating newsmcks
adopted by other cities. As you are aware there are various constitutional issues
involved in establishing regulations regarding the placement of newsracks. Our goal
was to develop an ordinance that addresses safety issues and the unsightly placement
of newsmcks throughout the City.
The following represents the major points of the Ordinance:
1. Requires all vendors to obtain a permit from the City, specifying the exact location of
each newsrack.
2. Requires all vendors to affix the permit number, name, address, and telephone
number to the newsrack.
3. Establishes specific standards for the maintenance and installation of newsracks.
4. Establishes the following cdteria for the location, placement and number of
newsracks:
(a) No Newsrack shall be used or maintained which projects onto, into or over
any part of the roadway of any public street, or which rests, wholly or in part
upon, along or over any portion of the roadway of any public street.
(b) No Newsrack shall be chained, bolted, or otherwise attached to any fixture
located in the public right-of-way, except to other Newsracks.
(c) Newsracks may be placed next to each other, provided that no group of
Newsracks shall extend for a distance of more than eight (8) feel along a cub,
and a space of not less than three (3) feet shall separate each group of
Newsracks.
(d) No Newsrack shall be placed, installed, used or maintained:
(i) Within five (5) feet of any marked crosswalk.
(ii) Within fifteen (15) feet of the curb return of any unmarked crosswalk.
(iii) Within five (5) feet of any fire hydrant, fire call box, police call box or
other emergency facility.
(iv) Within give (5) feet of any driveway.
(v) Within three (3) feet ahead or twenty-five (25) feet to the rear of any
sign marking a designated bus stop.
(vi) Within five (5) of the outer end of any bus bench.
(vii) At any location whereby the clear space for the passageway of
pedestrians is reduced to less than six (6) feet.
(viii) Within three (3) feet of or on any public area improved with lawn,
flowers, shrubs, trees or other landscaping, or within three (3) feet of
any display window of any building abutting the sidewalk or parkway or
in such a manner as to impede or interfere with the reasonable use of
such window for display purposes.
(ix) Within one hundred (100) feet of any other Newsrack on the same
side of the street in the same block containing the same issue or
edition of the same publication.
(x) On any access ramp for disabled persons.
(e) No more than eight (8) Newsracks shall be located on any public right-of-way
within a space of two hundred (200) feet in any direction within the same
block of the same street; provided, however, that no more than sixteen (16)
Newsracks shall be allowed on any one block.
5, The following criteda shall be utilized to determine the pdodty of the placement of
the newsracks:
(a) As between newspapers included within any single category of priority above,
the City Manager shall also be guided by the following criteria of priorities
whenever more than eight (8) newsracks are proposed for any one location
(two hundred [200] foot space) or more than sixteen (16) Newsracks are
proposed for any one block:
(i) Fimt pdodty shall be daily publications (published five [5] or more days
per week).
(ii) Second priodty shall be publications published two (2) to four (4) days
per week.
(iii) Third priodty shall be publications published one (1) day per week.
Staff is in the process of reviewing all existing locations in the City to determine the
number and location of newsracks that would not be in compliance with the proposed
Ordinance.
If you have any questions, please feel free to contact me.
EMS/ne
Attachment
CC0104-96
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ADOPTING NEWSRACK REGULATIONS; PROVIDING
FOR THE PURPOSE AND SCOPE OF THE NEWSRACK
ORDINANCE; PROVIDING FOR DEFINITIONS;
PROHIBITING NEWSRACKS IN CERTAIN LOCATIONS
AND UNDER CERTAIN CONDITIONS; REQUIRING A
PERMIT TO MAINTAIN OR OPERATE A NEWSRACK;
PROVIDING FOR AN APPLICATION FOR A NEWSRACK
PERMIT AND PROVIDING CONDITIONS FOR ISSUANCE
OF A NEWSRACK PERMIT; PROVIDING FOR A HOLD
HARMLESS AGREEMENT WITH THE CITY OF
AVENTURA; REQUIRING NEWSRACK IDENTIFICATION;
REGULATING THE LOCATION, PLACEMENT AND
NUMBER OF NEWSRACKS; PROVIDING FOR
MAINTENANCE AND INSTALLATION OF NEWSRACKS;
PROVIDING FOR THE DETERMINATION OF VIOLATIONS;
PROVIDING FOR APPEALS; DETERMINING NEWSRACK
ABANDONMENT; PROVIDING FOR SEVERABILITY;
PROVIDING THAT ALL ORDINANCES OR PARTS OF
ORDINANCES AND ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED
TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the uncontrolled placement of Newsracks in public rights-of-way
presents an inconvenience and danger to the safety and welfare of persons using such
rights-of-way, including pedestrians, persons entedng and leaving vehicles and buildings,
and persons performing essential utility, traffic control and emergency services; and
WHEREAS, the installation and placement of Newsmcks in public rights-of-way
has resulted in concerns by the public and City officials with regard to the safety,
convenience and aesthetics thereof; and
WHEREAS, the City Council finds that there is a need to regulate and establish
procedures regarding installation, placement and maintenance of Newsracks within the
City; and
WHEREAS, the City Council finds that such regulations and procedures goveming
Newsracks will serve to promote the health, safety,--aesthetics-and welfare of the citizens
of Aventur~~.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Purpose and Scope.
The purpose of this Ordinance is to promote the public health, safety and welfare
through the regulation of placement, type, appearance and servicing of Newsracks on
public rights-of-way so as to:
A. Provide for pedestrian and driving safety and convenience.
B. Restrict unreasonable interference with the flow of pedestrian or vehicular
traffic including ingress into or egress from any residence or place of business,
or from the street to the sidewalk by persons exiting or entering parked or
standing vehicles.
C. Provide reasonable access for the use and maintenance of poles, posts, tra~c
signs or signals, hydrants, mailboxes and access to locations used for public
transportation purposes.
D. Relocate and/or replace Newsracks which result in a visual blight and/or
excessive space allocation on the public rights-of-way or which unreasonably
detract from the aesthetics of store window displays, adjacent landscaping or
other improvements, as well as to have abandoned Newsracks removed.
2
E. Maintain and protect the values of surrounding properties and prevent damage
to grass ~ right-of-way areas.
F. Reduce unnecessary exposure of the public to personal injury or property
damage.
G. Maintain and preserve freedom of the press.
Section 2. Definitions.
As used in this ordinance, unless the context otherwise clearly indicates:
A. Block means on (1) side of a street between two (2) consecutive interacting
streets.
B. Distributor means the person responsible for placing and maintaining a
newsrack in a public right-of-way.
C. News/ack means any self-service or coin-operated box, container, storage unit
or other dispenser installed, used, or maintained for the display and sale of
newspapers or other news periodicals.
D. Parkway means the area between the sidewalk and the curb of any street, and
where there is no sidewalk ~, the area between the edge of the roadway
and the ~ property line adjacent thereto. Parkway shall also include any
area within a roadway that is not open to vehicular travel.
E. Person means any person or persons, or entity including, but not limited to, a
corporation.
F. City Manager refers to the City Manager of the City of Aventura or the designee
of the City Manager.
G. Roadway means that portion of a street improved, designed, or ordinarily used
for vehicular travel.
H. Sidewalk means any surface provided for the exclusive use of pedestrians.
I. Street means all the area dedicated to public use for public street purposes and
shall include, but not be limited to, roadways, parkways, alleys and sidewalks.
Section 3. Newsracks Prohibited.
A. No person shall install, use, or maintain any Newsrack which projects onto,
into, or which rests, wholly or in part, upon the roadway of any public street.
B. No person shall install, use, or maintain any Newsrack which in whole or in part
rests upon, in or over any public sidewalk, ~ or parkway:
(1) when such installation, use, or maintenance endangers the safety of
persons or property;
(2) when such site or location is used for public utility purposes, public
transportation purposes, or other governmental use;
(3) when such Newsrack unreasonably interferes with or impedes the flow
of pedestrian or vehicular traffic, including parked or stopped vehicles;
the ingress in or egress from any residence or place of business; the
use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other
objects permitted at or near said location;
(4) when such Newsrack interferes with the cleaning of any sidewalk by the
use of mechanical sidewalk cleaning machinery; or
(5) in any manner inconsistent with or in violation of the provisions of this
Ordinance.
Section 4. Permit Required.
It shall be unlawful for any person, firm or corporation to erect, place, maintain or
operate, on any public street or sidewalk, or in any other public way or place in the City
any Newsrack without first having obtained a permit from the City Manager specifying the
exact location of such Newsrack. One permit may be issued to include any number of
Newsracks, and shall be signed by the applicant.
Section 5. Application for Permit.
A. Application for such permit shall be made, in writing, to the City Manager upon
such form as shall be provided by him, and shall contain the name, address,
and phone number of the applicant, the proposed specific location of said
Newsrack, and shall be signed by the applicant.
B. From the above application information, the City Manager shall approve the
locations. He shall be guided therein solely by the standards and cdteda set
forth in this Ordinance. In any case where the City Manager disapproves of a
particular location, such disapproval shall be without prejudice to the applicant
designating a different location or locations.
Section 6. Conditions for Permit.
Permits shall be issued for the installation of a Newsreck or Newsracks without
prior inspection of the location, but such Newsreck or Newsracks and the installation, use
or maintenance thereof shall be conditioned upon observance of the provisions of this
Ordinance. Permits shall be issued within five (5) days (excluding Saturdays, Sunday
and legal holidays) after the application has been filed. A~_am~ml permit fee of $25.00
shall be required for each newspaper publisher plus $10.00 per Newsrack. The above
fees will be used to defray administrative expenses with relation to this Ordinance.
Section 7. Hold Harmless.
Every owner of a Newsrack who places or maintains a Newsrack on a public
sidewalk or parkway in the City of Aventura shall file a written statement with the City
Manager in a form satisfactory to the City Attorney, whereby such owner agrees to
indemnify and hold harmless the City, its officers, and employees, from any loss, liability,
or damage, including expenses and costs, for bodily or personal injury, and for property
damage sustained by any person as a result of the installation, use and/or maintenance
of a Newsrack within the City. This paragraph shall only be applicable to the same extent
required by City for other public right-of-way permittees.
Section 8. Newsrack Identification Required.
Every person who places or maintains a Newsrack on the streets of the City of
Aventura shall have his permit number, name, address, and telephone number affixed to
the Newsrack in a place where such information may be easily seen. Pdor to the
designation of location by the City under Section 9 herein, the Distributor shall present
evidence of compliance with this Section.
Section 9. Location, Placement and Number of Newsracks.
A. Any Newsrack which rests in whole or in part upon, or on any portion of a
public right-of-way or which projects onto, into, or over any part of a public
6
right-of-way shall be located in accordance with the following provisions of this
Section:
(1) No Newsmck shall be used or maintained which projects onto, into or
over any part of the roadway of any public street, or which rests, wholly
or in part upon, along or over any portion of the roadway of any public
street.
(2) No Newsmck shall be chained, bolted, or otherwise attached to any
fixture located in the public right-of-way, except to other Newsmcks.
(3) Newsracks may be placed next to each other, provided that no group of
Newsracks shall extend for a distance of more than eight (8) feet along
a curb, and a space of not less than three (3) feet shall separate each
group of Newsracks.
(4) No Newsrack shall be placed, installed, used or maintained:
(i) Within five (5) feet of any marked crosswalk.
(ii) Within fifteen (15) feet of the curb return of any unmarked
crosswalk.
(iii) W'~hin ten (10) feet of any fire hydrant, fire call box, police call
box or other emergency facility.
(iv) VV'lthin ten (10) feet of any driveway.
(v) W~thin three (3) feet ahead or twenty-five (25) feet to the rear of
any sign marking a designated bus stop.
(1) First priority shall be dally publications (published five [5] or more days
per week).
(2) Second pdodty shall be publications published two (2) to four (4) days
per week.
(3) Third pdority shall be publications published one (1) day per week.
(4) Fourth pdodty shall be publications published less than one (1) day per
week.
Section 10. Standards for Maintenance and Installation.
Any Newsrack which in whole or in part rests upon, in or over any public sidewalk
or parkway, shall comply with the following standards:
A. No Newsrack shall exceed five (5) feet in height, thirty (30) inches in width, or
two (2) feet in thickness.
B. No Newsrack shall be used for advertising signs or publicity purposes other
than that dealing with the display, sale, or pumhase of the newspaper or news
periodical sold therein.
C. Each coin-operated Newsreck shall be equipped with a coin-return mechanism
to permit a person using the machine to secure an immediate refund in the
event the person is unable to receive the paid-for publication. The coin-retum
mechanism shall be maintained in good working order.
D. Each Newsrack shall have affixed to it in a readily visible place so as to be
seen by anyone using the Newsrack, a notice setting forth the name and
address of the distributor and the telephone number of a working telephone
service to call to report a malfunction, or to secure a refund in the event of a
malfunction, or to secure a refund in the event of a malfunction of the coin-
retum mechanism or to give the notices provided for in this Ordinance.
E. Each Newsrack shall be maintained by the Distributor in a neat and clean
condition and in good repair at all times. Specifically, but without limiting the
generality of the foregoing, each Newsrack shall be serviced and maintained so
that:
(1) It is reasonably free of dirt and grease;
(2) It is reasonably free of chipped, faded, peeling and cracked paint in the
visible painted areas thereof.
(3) It is reasonably free of rust and corrosion in the visible unpainted metal
areas thereon;
(4) The clear plastic or glass parts thereof, if any, through which the
publications therein are viewed are unbroken and reasonably free of
cracks, dents, blemishes and discoloration;
(5) The paper or cardboard parts or inserts thereof are reasonably free of
team, peeling or fading; and
(6) The structural parts thereof are not broken or unduly misshapen.
Section 11. Violations.
Upon determination by the City Manager that a Newsrack has been installed, used
or maintained in violation of the provisions of this Ordinance, an order to correct the
offending condition shall be issued to the Distributor of the Newsrack. Such order shall
10
be telephoned to the Distributor and confirmed by mailing a copy of the order by certified
mail return receipt requested. The order shall specifically descdbe the offending
condition, suggest actions necessary to correct the condition, and inform the Newsrack
Distributor of the dght to appeal. Failure to properly correct the offending condition within
five (5) days (excluding Saturdays, Sundays, and legal holidays) after the mailing date of
the order or to appeal the order within three (3) days after its receipt shall result in the
offending Newsrack being summarily removed and processed as unclaimed property. If
the offending Newsrack is not propedy identified as to owner under the previsions of
Section 8 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 be assessed against each Newsrack summarily removed. The City Manger shall
cause inspection to be made of the corrected condition or of a Newsrack reinstalled after
removal under this Section. The distributor of said Newsrack shall be charged a $10.00
inspection fee for each Newsrack so inspected. This charge shall be in addition to all
other fees and charges required under this Ordinance.
Section 12.. Appeals.
Any person or entity aggrieved by a finding, determination, notice, order or action
taken under the provisions of this Ordinance may appeal and shall be appdsed of his dght
to appeal to the City's Special Master established pursuant to Ordinance No. 96-14. An
appeal must be per[ected within ten (10) days after receipt of notice of any protested
decision or action by filing with the City Manger a letter of appeal bdefly stating therein the
basis for such appeal. Prompt judicial review of the Special Master's decision shall be
11
provided pursuant to Sec. 15 of Ordinance No. 96-14.
Section 13. Abandonment.
In the event that a Newsrack remains empty for a period of thirty (30) continuous
days, the same shall be deemed abandoned, and may be treated in the manner as
provided in Section 11 for Newsracks in violation of the provisions of this Ordinance.
Section 14. 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,
Section 15. Conflicts.
All Ordinances or parts of Ordinances and all Resolutions or parts of Resolutions
in conflict herewith are repealed to the extent of such conflict.
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. The motion was seconded by Councilmember ,
and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
12
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Vice Mayor Patdcia Rogers-Libert
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Councilmember
, who moved its
adoption on second reading. The motion was seconded by Councilmember
and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Coun¢ilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this __ day of
PASSED AND ADOPTED on second reading this __ day of
., 1996.
,1996.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tins
13
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
October 31, 1996
Implementation of Proposed Newsrack Ordinance
The comments which follow identify proposed code provisions which would
impact each of these locations.
EXHIBIT A and Al
14 NEWSRACK - located on Aventura Boulevard
3050 Aventura Blvd. SAVINGS OF AMERICA BANK
Within 5' of any driveway
· Located on sidewalk where passageway is reduced to less than 6'
· Within 200' of other newsrack, located across the street
· More than 8 newsracks located on public right-of-way
EXHIBIT B
3 NEWSRACK - located within bus bench in front of
3001 Aventura Blvd. NORTHERN TRUST BANK
· Within 5' of fire hydrant
· Chained to bus bench fixture
EXHIBIT C and C1
13 NEWSRACK- located by 203rd St.
Exit of Promanade Shops
Located on sidewalk where passageway is reduced to less than 6'
Within 5' of a driveway
More than 8 newsracks located on public right-of-way
· Abandoned newsrack
EXHIBIT D
NEWSRACK BY THE TRAFFIC LIGHT POLE
· Newsmck chained to public right-of-way
· Located on sidewalk where passageway is reduced to less than 6'
· Within 5' of marked crosswalk.
· Within 100' of other newsrack on the same side of the street
EXHIBIT E
NEWSRACK BY BUS BENCH-Aventura Boulevard
· Chained to bus bench fixture
· Within 3' ahead or 25' to rear of designated bus stop
EXHIBIT F
COUNTRY CLUB DRIVE - TOTAL OF 5 LOCATIONS WHICH COMBINE
BUS BENCH WITH NEWSRACKS. In each case the newsracks are situated
within the 28 feet clear zone required by the proposed ordinance.
EXHIBIT G
NE 28 COURT and 187TM STREET
· Chained to stop sign
· Within 5' of a driveway
· Within 5' of fire emergency fixture
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT C1
EXHIBIT D
EXHIBIT E
EMHIBIT F
EMHIBIT G
CITY OF AVENTURA
2999 N.E. 191sT STREET, SUITE 500, AVENTURA~ FL 33180 PHONE (305) 466-8940 FAX (305)466-89~9
APPLICATION TO MAINTAIN OR OPERATE A NEWSRACK
An annual fee of $25.00 Publisher / $10.00 per Newsrack
PERMIT #:
NAME:
DATE:
ADDRESS:
PHONE#:
LOCATION OF NEWSRACK:
Sketch of location:
APPLICANTS SIGNATURE:
PRINT NAME:
As per Ordinance No. adopting newsrack regulation. See attached Section 9
OFFICE USE ONLY
APPROVAL:
DATE:
NEW LICENSE [] RENEWAL []
DISAPPROVAL:
DATE:
BEVERLY HILLS DESIGN CO..
2838 Northeast 187th St. ~ AVENTURA, FLORIDA 33180
Phone (305) 935q~00 ~ Fax (305) 935q~o1
October 18, 1996
City Manager
Eric M. Soroka
2999 N. E. 191st. Street
Aventura, Florida 33180
Dear Mr. Soroka:
As a new "Resident - Shopkeeper" to the Aventura area, we, along with the other tenants located on Northeast
187th Street, are requesting the oppommtly to be placed on the agenda of your next Council Meeting.
We would like to bring before the board two main concerns we are all facing;
1. The timing of the Traffic Lights located at U. S. I and N. E. 187th Street.
2. The re-naming of 187th Street to something that would greatly enhance the image of our Aventura area.
We would appreciate your response as soon as possible se that we may prepare accordingly.
forward to being part of Aventura and its family of residents and shopkeepers..
Thank you for your consideration.
Sincerely,
ELAINE E. RUBIN
EILEEN K. FRIED
We are looking
LENORE ELIAS
RECEIVED
OFFICE or: THE
Oily ~IAGER