96-11 ORDINANCE NO. 96-11
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, ADOPTING A PORTION OF THE SIGN CODE
OF AVENTURA, FLORIDA PROVIDING FOR THE
REGULATION OF TEMPORARY POLITICAL SIGNS;
PROVIDING FOR REMOVAL OF IMPROPER SIGNS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
PENALTIES; PROVIDING FOR REPLACEMENT OF
COUNTY TEMPORARY POLITICAL SIGN
REGULATIONS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 8.03 of the City Charter of the City of Aventura
(the "City"), there is presently in effect within the City of Aventura the provisions of
Article VI "Signs" of Chapter 33 "Zoning" of the Code of Ordinances of Metropolitan
Dade County (the "County Code") providing for the regulation of signs within the City;
and
WHEREAS, the City Council desires to implement, in a phased approach, a new
system of sign regulations which will ultimately replace the County Code regulations
referenced above within the City; and
WHEREAS, the City Council desires to implement, as the first phase of the City's
new sign regulations, provisions addressing temporary political signs, currently
regulated as Class "A" (temporary) signage under County Code, as provided in this
Ordinance; and
WHEREAS, nothing in this Ordinance shall impair the enforcement of sign
restrictions imposed upon private property pursuant to the provisions of Restrictive
Covenants of Homeowners' Associations and Master Associations or the provisions of
Declaration of Condominium or bylaws, rules or regulations issued thereunder.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. There is hereby adopted the following Ordinance to provide for the
regulation of Temporary Political Signs within the City of Aventura, as follows:
Sec. 1.01. Temporary Political Sign Regulations. These regulations
shall govern the installation, maintenance and display of temporary
political signs in the City of Aventura.
Sec. 1.02. Definition. "Temporary Political Sign" shall mean any sign
which advocates or suggests to the reader that he or she vote for or
against, endorse or not endorse, contribute or not contribute to, or
otherwise support or refrain from supporting in any way any proposition to
be voted upon by the public or any individual seeking election or
appointment to a particular position or office. The term shall also include
any sign which declares or affirms support or endorsement for any
proposition to be voted on by the public or any individual seeking election
or appointment to a particular position or office.
Sec. 1.03. Permit Requirements and Limitations.
a. No Temporary Political Sign shall be placed on public rights-of-way or
on property owned or used by the City of Aventura.
b. No Temporary Political Sign shall be placed upon any unimproved lot
(without the written consent of the property owner filed with the City
Clerk prior to posting of the sign) or upon any public utility pole or
equipment, traffic control device or structure, bridge, guardrail or public
traffic or location signs.
c. Each candidate in a municipal election and non-municipal elections
shall, prior to the installation and/or construction of signs in
accordance with this Ordinance, post or cause to be posted with the
City a refundable cash bond in the minimum amount of $500.00.
d. Any candidate who has filed his or her qualifying fee pursuant to
Section 99.095, Florida Statutes (1995) (petition method of qualifying)
shall be exempt from the requirement of posting the cash bond.
e. Temporary Political Signs shall be permitted in all zoning districts
provided that no Temporary Political Sign shall be permitted to remain
longer than seven (7) days after the election. In the event, a candidate
fails to remove all Temporary Political Signs within the stated time
frame, he/she shall forfeit the refundable cash bond.
f. Each property owner or occupant in residential zoning districts, shall
be permitted one sign per candidate or ballot issue. The maximum
size of any individual Temporary Political Sign shall not exceed four
and one-half (4 ¼) square feet in area.
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g. In all other zoning districts, the maximum size of any one Temporary
Political Sign shall not exceed eight (8) square feet and the total
signable area for Temporary Political Signs located on any single
property shall not exceed thirty-two (32) square feet per property, with
a maximum total aggregate signable area per candidate for the entire
City not to exceed thirty-two (32) square feet.
h. No Temporary Political Sign shall be placed within five (5) feet of any
easement of the property upon which the sign is located. No
Temporary Political Sign shall be located within ten (10) feet of the
edge of the pavement of any street if there is no sidewalk. Temporary
Political Signs shall be located solely on the property side of the
sidewalk if there is a sidewalk.
i. All Temporary Political Signs placed on vehicles or machinery in
residentially zoned property (except bumper stickers) shall not exceed
four and one-half (4 ~) square feet and shall be securely fastened to
the vehicle in order to ensure that the vehicle is capable of being
operated in a safe manner upon the roads of the State of Florida.
j. Portable Temporary Political Signs, except for those securely fastened
to vehicles, herein defined as "signs not secured to the ground in
accordance with Chapter 42 of the South Florida Building Code, as
may be amended," shall not be allowed.
k. No Temporary Political Sign shall be located on property in such a
manner as to interfere with or present a hazard to the flow of traffic
along the streets adjacent to the property upon which the Temporary
Political Sign is located.
I. Any individual or entity who posts or causes to be posted a bond
pursuant to subparagraph Sec. 1.03 c. herein, and/or the owner and/or
tenant of the property where a temporary political sign is located, shall
be responsible for any hazard to the general public which is caused
by, or created by reason of, the installation and/or maintenance of
Temporary Political Signs. The candidate shall also be responsible for
the prompt removal of such signs.
m. No political sign shall be installed more than sixty (60) days prior to the
date of the election which is the subject matter of such sign or more
than sixty (60) days prior to a primary election scheduled prior to such
election, whichever is earlier.
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n. The City Manager or his/her designee shall furnish a copy of this
Ordinance to all qualifying candidates who shall sign and date an
acknowledgment of receiving the document.
Section 1.04. Removal of Improper Signs.
a. Any Temporary Political Sign not posted in accordance with the
provisions of this Section and any such sign which exists in violation of
this Section shall be deemed to be public nuisance and shall be
subject to removal by the candidate, property owner or the City. If the
City removes the sign as a last resort, the City Manger or his/her
designee shall deduct the cost and expense of removal from the
posted cash bond.
b. Emer,qency. Notwithstanding the above, the City Manager may
cause the immediate removal of any sign that constitutes a nuisance
or poses an immediate danger to the health, safety or welfare of the
community. City personnel may enter onto premises, with or without
the property owner's consent, for emergency removal.
Section 2. $everability. 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 3. Penalty. Any person who violates any provisions of this
Ordinance shall, upon conviction, be punished by a fine not to exceed $500 or
imprisonment in the County jail not to exceed sixty (60) days or both such fine and
imprisonment. Each day that a violation continues shall be deemed a separate
violation. This Ordinance shall be subject to enforcement under the Local Government
Code Enforcement Act, Chapter 162, F.S., as amended. Enforcement may also be by
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suit for declaratory, injunctive or other appropriate relief in a court of competent
jurisdiction.
Section 4. Replacement of Temporary Political Si.qn Regulations.
Pursuant to City Charter Section 8.03, this Ordinance shall replace the provisions of
Sec. 33-99, of the Metropolitan Dade County Code pertaining to Temporary Political
Signs, to the fullest extent authorized by law.
Section 5. Effective Date. This Ordinance shall be effective from and after
January 1, 1997.
The foregoing Ordinance was offered by Councilmember Beskin, who moved its
adoption on first reading. This motion was seconded by Councilmember Holzberg, and
upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger absent
Councilmember Jay Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey Perlow yes
Vice Mayor Patricia Rogers-Libert yes
Mayor Arthur I. Snyder absent
The foregoing Ordinance was offered by Vice Mayor Rogers-Libert, who moved
its adoption on second reading. This motion was seconded by Councilmember Cohen,
and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger yes
Councilmember Jay Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg no
Councilmember Jeffrey Perlow yes
Vice Mayor Patricia Rogers-Libert yes
Mayor Arthur I. Snyder yes
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PASSED AND ADOPTED on first reading this 16th day of July, 1996.
PASSED AND ADOPTED on second reading this 20th day of Au ~st, 1996.
AR YOR
ATTEST:
TERESA M. SMITH, I --
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
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