2002-26ORDINANCE NO. 2002-26
AN ORDINANCE OF THE CITY OF AVENTURA. FLORIDA,
AMENDING CHAPTER 42, "STREETS, SIDEWALKS AND
OTHER PUBLIC PLACES," ARTICLE II "NEWSRACKS" OF
THE CITY CODE; AMENDING SECTION 42-32
"DEFINITIONS" TO ADD NEW DEFINITIONS FOR THE
TERMS "ClTY~WNED NEWSRACK" AND "NEWSRACK
PORTICO;" AMENDING SECTION 42-33 "PROHIBITED
NEWSRACKS" TO REQUIRE REMOVAL OF PRIVATE
NEWSRACKS ON PUBLIC PROPERTY NOT LOCATED
WITHIN A NEWSRACK PORTICO; AMENDING SECTION
42-34 "PERMIT REQUIRED" TO REQUIRE PERMITS FOR
THE USE OF ClTY~WNED NEWSRACKS; AMENDING
SECTION 42-35 "APPLICATION FOR PERMIT; APPROVAL
OF LOCATION" TO REQUIRE THAT THE LOCATION OF
THE NEWSRACK PORTICO OR ClTY~)WNED
NEWSRACK BE SPECIFIED ON THE PERMIT
APPLICATION; AMENDING SECTION 42-36 "ISSUANCE
OF PERMIT; CONDITIONS; FEES" TO REQUIRE A FEE
FOR THE USE OF A ClTY~)WNED NEWSRACK;
AMENDING SECTION 42-37 "INDEMNIFICATION" TO
REQUIRE INDEMNIFICATION BY PERSONS UTILIZING
ClTY~)WNED NEWSRACKS; AMENDING SECTION 42-38
"IDENTIFICATION OF DISTRIBUTOR TO BE POSTED ON
NEWSRACKS" TO REQUIRE IDENTIFICATION ON
PRIVATE NEWSRACKS; AMENDING SECTION 42-39
"LOCATION, PLACEMENT AND NUMBER" TO REQUIRE
THAT PRIVATELY OWNED NEWSRACKS ON ANY
PORTION OF A PUBLIC RIGHT.F-WAY BE PLACED IN A
NEWSRACK PORTICO; AMENDING SECTION 42-40
"EQUIPMENT STANDARDS; ADVERTISING;
MAINTENANCE" REGARDING THE MAINTENANCE OF
PRIVATELY~WNED NEWSRACKS; PROVIDING
PENALTIES; PROVIDING FOR ENFORCEMENT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission finds that it is in the best interest of the City to
provide Newsrack Porticos to house privately-owned newsracks; and
Ordinance No. 2002-26
Page 2
WHEREAS, the City Commission finds that it is in the best interest of the City to
provide uniform City-owned newsracks at locations throughout the City as they will serve
to promote the health, safety and welfare of the citizens of Aventura, as well as the
aesthetics of the City.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:~
~. ~ The above recitals are true and correct and incorporated
herein by this reference.
~ Section 42-32 "Definitions" of Article II, "Newsracks" of Chapter 42
"Streets, Sidewalks and Other Public Places" of the City Code is hereby amended to read
as follows:
Sec. 42-32. Definitions.
The following words, terms and phrases, when used in this article, shall
have the meanings ascdbed to them in this section, except where the
context cleady indicates a different meaning:
~..if.v.,,3wned New.~mr.k means a newsrack provided by the City. for the
display and .~nle ef newspapem nnd ether periodicals.
New.~rack Portico means n strur, ture provided hy the City. at bus bench
locations for the placement of no more than five (fi) privately-owned
newsrar, ks.
Proposed additions to existing City Code text are indicated by ,mcle. rllne~; proposed
deletions of existing text are indicated by strik'ethxo~.
2
Ordinance No. 2002-26
Page 3
Section 42-33 "Prohibited newsracks" of Article II, "Newsracks" of
Chapter 42 "Streets, Sidewalks and Other Public Places" of the City Code is hereby
amended to read as follows:
Sec. 42-33. Prohibited newsracks.
(a) No person shall install, use, or maintain any ,ofiy. a~ 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 p. dy.a~ newsrack which
in whole or in part rests upon, in or over any public sidewalk, right-of-way or
parkway unl~.ss the new.~rack is placed within a Newsrack Pertic~ .nmvided
~,...,.,... o..o~,~, ,o,,..,, ~,~, ~..o~o, or other ~ov6rn~ntal u~;
. ,
~ Section 42-34 "Permit required" of Article II, "Newsracks" of Chapter
42 "Streets, Sidewalks and Other Public Places" of the City Code is hereby amended to
read as follows:
Ordinance No. 2002-26
Page 4
Sec. 42-34. 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 pdy. ate newsrack without first having obtained a
permit from the City Manager specifying the exact location of such
newsrack. It shall be unlawful for any pP. mon. firm or corporation to utilize a
City-owned N~.w.~rar. k or Newsrack Portico without first having ohtain~.d a
gP. rmit from thP. City. Manager. One permit may be issued to include any
number of newsracks, and shall be signed by the applicant.
~ Section 42-35 "Application for permit; approval of location" of Article
II, "Newsracks" of Chapter 42 "Streets, Sidewalks and Other Public Places" of the City
Code is hereby amended to read as follows:
Sec. 42-35. Application for permit; approval of location.
(a) Application for a newsrack 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 and shall be signed by the applicant. ~
shall furth~.r s?,.cify th~. location of the Newsrack Portico for th~.
privatP, newsrack or the location of the City.-own~.d N~.wsrack.
~ Section 42-36 "Issuance of permit; conditions; fees" of Article II,
"Newsracks" of Chapter 42 "Streets, Sidewalks and Other Public Places" of the City Code
is hereby amended to read as follows:
Sec. 42-36. Issuance of permit; conditions; fees.
Permits shall be issued for the installation of a private, newsrack or
' '":"- ...... :--: ..... :-- of ~h~ ' ' '- ....... '- ......... '-- at
Newsrack Porticos or for the use of a City.-ownP. d Newsrack and the
installation, use or maintenance thereof shall be conditioned upon
observance of the provisions of this article. Permits shall be issued within
Ordinance No. 2002-26
Page 5
five (5) days (excluding Saturdays, Sunday and legal holidays) after the
application has been filed. A one-time permit fee of $25.00 shall be
required for each newspaper publisher plus $10.00 per ~ newsrack or
box at a City-owned New.~mck. The above fees will be used to defray
administrative expenses with relation to this article.
Section 42-37 "Indemnification" of Article II, "Newsracks" of Chapter 42
"Streets, Sidewalks and Other Public Places" of the City Code is hereby amended to read
as follows:
Sec. 42-37. Indemnification.
Every owner of a newsrack who places or maintains a pdv~te newsrack on
pemon wh~ utilizes a City-owned Newsrack shall file a wrJ~en statement
with the City Manager in a fo~ satisfacto~ to the Ci~ AEorney, whereby
such owner ~ agrees to Jndemni~ and hold harmless the Ci~, its
officers, and employees, from any loss, liabili~, or damage, including
expenses and ~sts, for bodily or pemonal inju~, and for prope~ damage
sustained by any pemon as a result of the installation, use and/or
maintenance of a priwt~ newsrack at a Newsrack Podi~ or such pemon's
use of a City-owned newsrack within the Ci~. This paragraph shall only be
applicable to the same e~ent required by City for other public fight~f-way
permi~ees.
Section 42-38 "Identification of distributor to be posted on newsracks"
of Article II, "Newsracks" of Chapter 42 "Streets, Sidewalks and Other Public Places" of
the City Code is hereby amended to read as follows:
Sec. 42-38. Identification of distributor to be posted on newsracks.
Every person who places or maintains a l~Lv. ate newsrack orr-the-streets-of
the-C-~ at a Newsrack Portico and every, person who utilizes space in a
~ shall have his permit number, name, address, and
telephone number affixed to the newsrack in a place where such
information may be easily seen. Prior to the designation of location by the
Ordinance No. 2002-26
Page 6
City under Section 42-39, the Distributor shall present evidence of
compliance with this section.
Section 42-39 "Location, placement and number of Article II,
"Newsracks" of Chapter 42 "Streets, Sidewalks and Other Public Places" of the City Code
is hereby amended to read as follows:
Sec. 42-39. Location, placement and number.
(a)
Any pfi.v, at~ 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 right-of-way shall be pl~ced in ~ New.~rack
Portico provided by the City. ~nd sh~ll further comply ~
accon:iance with the following provisions of this section:
(1)
No pfi.v, at~ 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.
(2)
No ~ newsrack shall be chained, bolted, or otherwise
attached to any Newsmck Portico: City-owned Newsmck or to
aB,V~ fixture located in the public right-of-way, except to
other newsracks located within ~ Newsrack Portico.
(3)
Newsracks may be placed next to each other within ~
~, provided that no group of newsracks shall
~ extend beyond the Newsmck Portico or obstruct
~ccess to ~nother newsrack within the Newsmck Portico.
IA',
Ordinance No. 2002-26
Page 7
Ordinance No. 2002-26
Page 8
(b)
The City Manager shall be guided by the following criteda of priorities in
issuing permits whenever more than riva (5) alx {,g} newsracks are proposed
for any one Citv.~3wned Newsrack or Newsrack Portico location: ' ....
First priority shall be daily publications (published five (5) or
more days per week).
(2)
Second priority shall be publications published two (2) to four
(4) days per week.
(3) Third priority shall be publications published one (1) day per week.
(4)
Fourth priority shall be publications published less than one (1) day
per week.
Section 42-40 "Equipment standards; advertising; maintenance" of
Article II, "Newsracks" of Chapter 42 "Streets, Sidewalks and Other Public Places" of the
City Code is hereby amended to read as follows:
Sec. 42-40. Equipment standards; advertising; maintenance.
Any.nriv~ta newsrack which :,~, '"'--'-,, ,,,,~ ,,,-- :,~, p~,A ,~o,o ..... upo;~, b or ovsr s;~y -' "-':-
~, is located within any Newsrack Pnrtir. n shall comply with the
following standards:
Maximum size; extemal attachments. No newsrack shall exceed five (5)
feet in height, thirty-two (32) inches in width, or two (2) feet in thickness.
Additionally, no such newsrack shall have any external fixtures,
attachments or other devices which provide or display additional
publications.
B. Advertising. No newsrack shall be used for advertising signs or
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Ordinance No. 2002-26
Page 9
publicity purposes other than that dealing with the display, sale, or
pumhase of the newspaper or news periodical sold therein.
Coin-return mechanism. Each coin-operated newsrack shall be
equipped with a coin-retum mechanism to permit a person using the
machine to secure an immediate refund in the event the person is
unable to receive the paid-for publication. The coin-return
mechanism shall be maintained in good working order.
Information to be posted on newsracks. Each newsrack shall have
affixed to it in a readily visible place so as to be seen by anyone
using the newsrack, a notice setting forth the name and address of
the Distributor and the telephone number of a working telephone
service to call to report a malfunction, or to secure a refund in the
event of a malfunction of the coin-return mechanism or to give the
notices provided for in this section.
Maintenance. Each 13dya~ 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 priwtP, 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 tears, peeling or fading; and
(6) The structural parts thereof are not broken or unduly misshapen.
9
Ordinance No. 2002-26
Page 10
~ Removal Of Priv~f~l.v-Owned New~reck~ll=nfnrcemenf. All
privately owned newsracks not located within a Newsrack Portico and which in whole or in
part rest upon, in, or over any public sidewalk, right-of-way, or parkway pursuant to a
permit previously issued by the City shall be removed by the owner by no later than ninety
(90) days after the effective date of this Ordinance.
~ P_aJ:lal~. Each violation of this Ordinance shall subject the
newsrack owner or Distributor to a fine of $500.00 or imprisonment in the county jail or
both. Each day that a violation continues shall be deemed a separate violation. Nothing
herein shall prohibit the City from enforcing its Code by any other means including, but
not limited to, any enforcement provisions provided in Chapter 162, Florida Statutes, or a
civil action for appropriate relief in a court of competent jurisdiction.
~. ,,~ay. erabJl~. 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.
~ Ipcl~inn in fhn Cndn It is the intention of the City Commission,
and it is hereby ordained that the provisions of this Ordinance shall become and made
a part of the Code of the City of Aventura; that the sections of this Ordinance may be
l0
Ordinance No. 2002-26
Page 11
renumbered or relettered to accomplish such intention; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
~. ~. This Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner Rogers-Libert, who
moved its adoption on first reading. This motion was seconded by Commissioner
Cohen and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Pedow
yes
yes
yes
yes
yes
yes
yes
The foregoing Ordinance was offered by Vice Mayor Holzberg who moved its
adoption on second reading. This motion was seconded by Commissioner Rogers-
Libert, and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Mayor Jeffrey M. Pedow
yes
yes
yes
yes
yes
yes
PASSED AND ADOPTED on first reading this 3rd day of September, 2002.
Ordinance No. 2002- 2._6
Page 12
PASSED AND ADOPTED on second reading this 1st day of October, 2002.
,,~"EF'~REY M~/'PE~,LOW, MAYOR
ATTEST:
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
3.2