Miami-Dade Legislative Item
File Number: 030652
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File Number: 030652 File Type: Ordinance Status: Adopted
Version: 0 Reference: 03-115 Control: County Commission
File Name: SIGNS IN THE RIGHT-OF-WAY Introduced: 3/4/2003
Requester: NONE Cost: Final Action: 5/6/2003
Agenda Date: 5/6/2003 Agenda Item Number: 6I
Notes: Title: ORDINANCE PERTAINING TO SIGNS IN THE RIGHT-OF- WAY; PROVIDING FOR REBUTTAL OF PRESUMPTION THAT PERSON BENEFITING FROM UNLAWFUL SIGN AUTHORIZED OR COMMITTED VIOLATION; AMENDING SECTION 2-103.15 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: RIGHT-OF-WAY
  SIGNS
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
  Rebeca Sosa, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 5/6/2003 6I Adopted P

Governmental Operations and Environment Committee 4/15/2003 2R Forwarded to BCC with a favorable recommendation P
REPORT: Commissioner Seijas stated the administration needed to study Team Metro's practices carefully because the fines incurred for violations were too high. Commissioner Sosa requested the County Attorney's Office prepare an ordinance for her sponsorship with a provision for courtesy notices for first time violators for signs in the right-of-way, especially for garage sales, and a reduction of the fines that could be imposed by Team Metro. Commissioner Diaz stated he would cosponsor such proposed ordinance with Commissioner Sosa.

Board of County Commissioners 3/13/2003 13N Adopted on first reading 4/15/2003 P
REPORT: The public hearing for the foregoing proposed ordinance was scheduled to be heard before the Governmental Operations and Environment Committee on April 15, 2003, at 9:30 a.m.

Board of County Commissioners 3/11/2003 13N Carried over 3/13/2003

County Attorney 3/4/2003 Assigned Governmental Operations and Environment Committee

County Attorney 3/4/2003 Assigned Joni Coffey

Legislative Text


TITLE
ORDINANCE PERTAINING TO SIGNS IN THE RIGHT-OF- WAY; PROVIDING FOR REBUTTAL OF PRESUMPTION THAT PERSON BENEFITING FROM UNLAWFUL SIGN AUTHORIZED OR COMMITTED VIOLATION; AMENDING SECTION 2-103.15 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:

Section 1. Section 2-103.15 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1

Sec. 2-103.15. Signs in public right-of-way;
prohibition.


(a) No person shall erect any sign, as described above [Section 2-103.14], within the right-of-way limits of any County maintained road within the unincorporated areas of >>Miami-<< Dade County or any County maintained road within the municipal limits of any municipality in >>Miami-<< Dade County.


* * *


(e) Information contained on any sign including names, addresses or phone numbers of person>>s<< benefiting from the sign shall be sufficient evidence of ownership and/or beneficial interest for purpose of the enforcement of this section 2-103.15. >>It is provided, however, that a person charged with violation of this section may rebut such evidence by demonstrating the following:


(1) that the person charged with violation of this section gave prior, clear and express instruction regarding the specific lawful location or locations at which the sign or signs should have been placed. Such evidence may include written documentation establishing the prior instruction regarding the intended location, identification and form of placement of the specific sign or signs.


(2) that the sign or signs that are the subject of the charge were in fact properly and lawfully placed in accordance with the person's instruction but were moved to an unlawful location without the person's permission or authorization. Such documentation may include but is not limited to an index of signs and site maps of their assigned locations, photographs of the proper placement of the sign or signs in accordance with the person's instructions, or police information reports of missing signs identifying the original location of the sign or signs and a description of the size and design.<<

Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.

Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
1Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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