HomeMy WebLinkAboutCity of Tamarac Ordinance O-2001-013January 16, 2001 — Temp Ord #1921 1
Revision No. 1
- April 17, 2001
Revision No. 2
- June 6, 2001
Revision No. 3
— June 21, 2001
Revision No. 4 -
June 21, 2001
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2001-13
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, ESTABLISHING
REGULATIONS FOR THE INSTALLATION OF
NEWSRACKS IN THE PUBLIC RIGHT-OF-WAYS BY
AMENDING CHAPTER 20 ENTITLED, "STREETS AND
SIDEWALKS", BY CREATING ARTICLE V TO BE
ENTITLED, "NEWSRACKS REGULATION", PROVIDING
FOR FINDINGS BY CREATING SECTION 20-120
"FINDINGS", PROVIDING FOR PURPOSE BY CREATING
SECTION 20-121 "PURPOSE", PROVIDING FOR
DEFINITIONS BY CREATING SECTION 20-122
"DEFINITIONS", PROVIDING STANDARDS FOR
MAINTENANCE AND INSTALLATION BY CREATING
SECTION 20-123 "STANDARDS FOR DESIGN,
MAINTENANCE AND INSTALLATION", PROVIDING FOR
PLACEMENT AND LOCATION OF NEWSRACKS BY
CREATING SECTION 20-124 "LOCATION AND
PLACEMENT OF NEWSRACKS", PROVIDING FOR
ABANDONMENT BY CREATING SECTION 20-125
"ABANDONMENT", PROVIDING FOR LOCATION
CONFLICT BY CREATING SECTION 20-126 "LOCATION
CONFLICT", PROVIDING FOR CERTIFICATE OF
COMPLIANCE PROCEDURES BY CREATING SECTION
20-127 "CERTIFICATE OF COMPLIANCE PROCEDURE",
PROVIDING A PROCESS TO REQUEST ADDITIONAL
NEWSRACKS BY DEMONSTRATING A PUBLIC NEED
BY CREATING SECTION 20-128 "DEMONSTRATION OF
PUBLIC NEED", PROVIDING FOR REMOVAL
PROCEDURES BY CREATING SECTION 20-129
"REMOVAL PROCEDURES"; CASE NO. 4-MI-01;
PROVIDING FOR CODIFICATION; PROVIDING FOR
CODING: Words in StF U^I( thFOUgh type are deletions from existing law;
Words in underscored type are additions.
January 16, 2001 - Temp Ord #1921 2
Revision No. 1 - April 17, 2001
Revision No. 2 - June 6, 2001
Revision No. 3 - June 21, 2001
Revision No. 4 - June 21, 2001
CONFLICT; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac recognizes the benefits of
regulating the time, place, and manner forthe distribution of newspapers and other legally
recognized publications to be vended on the public right-of-ways; and
WHEREAS, the regulation of time, place and manner of newspaper vending
devices, called "newsracks", provides for safe public access to the newsracks and
establishes a uniform appearance for newsrack devices permitted in the City's public
right -of-ways; and
WHEREAS, the proposed ordinance will address the issues of findings; purpose;
definition; design, maintenance and installation standards; placement and location; the
issuance of a Certificate of Compliance; abandonment; provisions for demonstrated public
need; and removal as they relate to the approval of newsrack installations in the public
right -of -ways; and
WHEREAS, the Director of Community Development recommends approval; and
WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the
best interest of the citizens and residents of the City of Tamarac to regulate the time, place
and manner of newsracks permitted in the public right-of-ways within the City's municipal
CODING: Words in struck through type are deletions from existing law;
Words in underscored type are additions.
January 16, 2001 - Temp Ord #1921 3
Revision No. 1
- April 17, 2001
Revision No. 2
- June 6, 2001
Revision No. 3 -
June 21, 2001
Revision No. 4 -
June 21, 2001
limits.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of the Ordinance
upon adoption hereof.
SECTION 2: That Chapter 20 entitled, "Streets and Sidewalks", is amended
to create "Article V. Newsracks Regulation" Sections 20-120 through 20-129 as follows:
ARTICLE V. NEWSRACKS REGULATION.
Sec.20-120. Findinas.
The City finds that the uncontrolled placement and maintenance of newsracks in the Cit 's
public right-of-ways presents an inconvenience and danger to the safety and welfare of persons
usin_q such right-of-way, including pedestrians, children the aged, persons performing essential
utility, traffic control and emergency services and persons with disabilities. Furthermore the
uncontrolled placement of newsracks has had a deleterious impact on the appearance of the public
right-of-ways significantly detracting from the aesthetic quality of the City.
The continued uncontrolled placement of newsracks is detrimental to the Cit 's substantial
efforts to beautify its public right-of-ways. The City has invested several million dollars in the past
few years improving the appearance of its public right-of-ways as part of programs intended to
significantly improve the appearance of the community and enhance the quality of life of its
residents. The Cit 's streets and sidewalks have immemorially been held in trust for the entire
public. Consistent with the First Amendment to the United States Constitution the City has the
authority to regulate newsracks to further its significant interests in aesthetics and public safety.
CODING: Words in StFUG'k th•^„^h type are deletions from existing law;
Words in underscored type are additions.
January 16, 2001 - Temp Ord #1921 4
Revision No. 1 - April 17, 2001
Revision No. 2 - June 6, 2001
Revision No. 3 - June 21, 2001
Revision No. 4 - June 21, 2001
Sec.20-121. Purpose.
The purpose of the following__ regulations is to promote the health, safety and welfare_ of the public
through the regulation of placement, type, appearance, servicing, and insuring of newsracks_ on
public right-of-ways so as to:
Provide for pedestrian and vehicular safety, and convenience.
() Protect the Cit 's substantial investment by improving the appearance of the public
right-of-ways.
Restrict unreasonable interference with the flow of pedestrian or vehicular traffic,
including ingress or egress from any residence or place of business, orfrom the street
to the sidewalk by persons exiting or entering parked or standing vehicles.
Provide for public „and property safety during hurricane or severe weather conditions.
Provide reasonable access for the use and maintenance of poles, posts,traffic signs
or signals, hydrants, mailboxes and access to locations used for public transportatic�,
purposes.
Relocate or replace newsracks which result in a visual blight or excessive spa
allocation on the public right-of-ways or which unreasonably detracts from the
aesthetics of adjacent landscaping and other improvements, as well as to have
abandoned newsracks removed.
Provide for the elimination of sight line_ obstructions.
Maintain and protect the values of surrounding properties and prevent damage to
grass right-of-ways areas.
Reduce unnecessary exposure of the public to personal injury or property damage.
10 Treat all newspapers equally regardless of their size, viewpoint, content, circulation or
frequency of publication.
11 Maintain and preserve the freedom of the press.
Sec.20-122. Definitions.
The followina words. terms and phrases. when used in this article, shall have the meaninas
ascribed to them in this section except where the context clearly indicates a different
meaning:
CODING: Words in StFUBIE 4hF9U^" type are deletions from existing law;
Words in underscored type are additions.
January 16, 2001 - Temp Ord #1921 5
Revision No. 1 - April 17, 2001
Revision No. 2 - June 6, 2001
Revision No. 3 - June 21, 2001
Revision No. 4 - June 21, 2001
"Advertising circular" shall mean any publication that contains only advertising and no news
reports.
"Certificate of Compliance" shall mean the certificate that authorizes the construction for and
placement of a newsrack in an approved locationprior to the placement of vended material.
"Bikepath" shall mean that portion of a right-of-way improved, designed or ordinarily used for
bicycle traffic.
"Distributor" shall mean the person responsible for placing and maintaining a newsrack the
owner of the newsrack or the publisher of the newspaper vended therein.
"Equivalent newsrack" shall mean any newsrack which is of the same size dimensions and
style of the specified newsrack.
"Newsrack" shall mean any self-service or coin -operated box container, storage unit or other
dispenser installed used or maintained for the display, sale or distribution of newspapers or
other news periodicals or advertising circulars.
"Public agency" shall mean the City -of Tamarac Broward County or the State of Florida.
"Public Need" is the process to establish a need for and approval of additional newsracks at a
specified location based on demonstrated need as described in Section 20-128
Demonstration of public need.
"Right-of-way" shall mean all that area dedicated to public use or otherwise owned by a public
agency for public street purposes and shall include but not be limited to roadways, swales
bike paths and sidewalks_
"Roadway" shall mean that portion of a right-of-way improved, designed or ordinarily used for
vehicular travel.
"Sidewalk" shall mean any surface within a right-of-way rovided for the exclusive or primary
use of pedestrians.
"Sight visibility triangle" shall mean an area free of sight obstruction that generally extends
CODING: Words in stFUsl( threughr type are deletions from existing law;
Words in underscored type are additions.
January 16, 2001 - Temp Ord #1921 6
Revision No. 1 - April 17, 2001
Revision No. 2 - June 6, 2001
Revision No. 3 - June 21, 2001
Revision No. 4 - June 21, 2001
vertically from a point commencing thirty (30) inches above the pavement elevation, and
measured from specific reference points as defined in section 20-124, Placement and location
of newsracks.
"Swale" shall mean the area within the public right-of-way between the sidewalk and the edge
of the pavement of the roadway, and where there is no sidewalk, the area within the public
right-of-way between the edge of pavement of any roadway and the private property line.
Sec._20-123. Standards for design, maintenance and installation
Any newsrack, which,_in_whole or -in part, rests upon, in or over any public property, sidewalk,
parkway, swale or right-of-way, shall comply with the following standards:
The exterior dimensions for newsracks that must have the ability to hold no less than
two 2 and no more than six 6publications, shall be as follows: Each newsrack shall
utilize rectangularpedestal(s) with dimensions eight 8 inches by six and one-half
'/Z inches with a height of nineteen 19 inches. Each newsrack shall ha
dimensions, excluding the pedestal and any slab, with a maximum height of fifty-fi_
(55) inches and a depth (measured from front to back) of sixteen (16) inches. Each
newsrack compartment in a newsrack shall have a width of twenty-four and one -eighth
(24 1 /8) inches, as measured across the front of the newsrack compartment._ Each
newsrack shall contain no more than six (6) newsrack compartments. The width of
each _newsrack shall not exceed seventy-two and one-half (72 1 /2) inches, as
measured across the front of the newsracks. The newsrack shall be of a "K" style or
"TK" style for paid publications.
(� Newsracks shall be a City of Tamarac's approved color and coated per manufacturer's
specifications.
(3) Newsracks shall carry no advertising except the name of the newspaper being
dispensed in lettering not to exceed three (Y) inches in height. Lettering may appear
on the front under the viewing window, on the sides and back of each newsrack in the
distributor's logo style. All lettering is to be duplicated in style, character and white in
rnlnr ^
Only newspapers may be displayed in the front window area. Rack cards are allowed
to be inserted in front of the newspaper or in the front window area.
Each coin -operated newsrack shall be equipped with a coin -return mechanism to
permitting a person using the machine to secure an immediate refund in the event the
CODING: Words in struck the„^F, type are deletions from existing law;
Words in underscored type are additions.
1
1
1
January 16, 2001 - Temp Ord #1921 7
Revision No. 1 - April 17, 2001
Revision No. 2 - June 6, 2001
Revision No. 3 - June 21, 2001
Revision No. 4 - June 21, 2001
person is unable to receive the publication paid for. The coin -return mechanisms shall
be maintained in good working order. Newsracks for free publications may omit the
coin box and may have a pull bar welded to the door._
Each newsrack shall have affixed to it in a readily visible place so as to be seen b
anyone using the newsrack a notice setting for the name and address of the owner
publisher or distributor and the telephone number of a working telephone service 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 Article.
Each newsrack shall be maintained 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:
La) It is reasonably free of dirt and grease.
M It is reasonably free of chipped, faded, peeling and cracked paint.
r'c It is reasonably free of rust and corrosion or broken parts.
The clear plastic or glass parts, if any, through which the publications are viewed,
are unbroken and reasonably free of cracks dents blemishes and discoloration.
(e) It is free of graffiti. All graffiti shall be removed or offensive markings blotted out
within seven (7) working days after notice by the City that graffiti exists.
It is securely mounted on the concrete foundation, as originally installed.
The immediate area surrounding the newsrack shall be maintained in a neat and
orderly condition, free of trash and debris.
Sec. 20-124. Location and placement of newsrackss_.
Any newsrack located in whole or in part upon, in or over any portion of a public right-of-way
shall be located in accordance with the following requirements:
Newsracks shall not be located within the sight visibility triangles set forth:
U Within a thirty 30 foot sight visibility triangle at an intersection of a public or
CODING: Words in StF 8k *"•9U^" type are deletions from existing law;
Words in underscored type are additions.
January 16, 2001 - Temp Ord #1921 8
Revision No. 1 - April 17, 2001
Revision No. 2 - June 6, 2001
Revision No. 3 - June 21, 2001
Revision No. 4 - June 21, 2001
rivate roadway.
Within twenty 20 feet of a pedestrian entrance or vehicular driveway of a single-
family homepublic or private school or a house of worship, as measured from the
intersection of a public roadway and within fifteen 15 feet from the edge of a
commercial property driveway.
(c) The actual dimensions of the sight visibility triangle ma_y_vary based upon the
physical characteristics of each intersection and will be determined by the City
Engineer, using accepted traffic engineering_ standards.
Within twenty (20) feet of any crosswalk.
No newsracks shall be placed, installed, used or maintained:
(a) On any disability access ramp
Within a clear width of at least thirty-six 36 inches of the sidewalk or such portion
of the sidewalk that is prohibited by the Americans with Disabilities Act's standards
for sidewalk clearance.
(c) Within the paved
portion of any public
estrian or bike traffic.
nated for vehicu
(d) On any median within the public right-of-way. ■
(e) Within fifteen 15 feet of any fire hydrant, fire call box police call box or any other
emergency facility.
Within three 3 feet of the outer end of any bus bench or bus shelter or five 5 feet
from a bus stop sign.
Within one (1) foot of any area improved with lawn, _or_hedge orwithin three (3) feet
of trees.
(h) Attached to or within three 3 feet of any traffic sin traffic control device mailbox
streetlight, or utility pole.
Q Within the front or side swale or driveway of any single-family, duplex, triplex or
g_uadraplex_re_sidence.
(j) Within 250 feet of another newsrack containing the same newspaper or news
periodical except where separated by a street corner. Where warranted for street
sales the City Manager or his designee may allow a double newsrack otherwise
complying with the requirements of this chapter, based on a Demonstration of
public need, as defined in section 20-128. However, there shall be nor more than
two (2) double newsracks aer location.
Every newsrack shall be installed level and _plumb.
In instances where no sidewalks exist newsracks shall be located six 6' feet away
CODING: Words in struck through- type are deletions from existing law;
Words in underscored type are additions.
January 16, 2001 - Temp Ord #1921 9
Revision No. 1 - April 17, 2001
Revision No. 2 - June 6, 2001
Revision No. 3 - June 21, 2001
Revision No. 4 - June 21, 2001
from the edge of the roadway pavement.
(5�
Any construction of concrete pad shall be made pursuant to this Article_ and only after
the necessary Building Permit(s) from the Building Department and Certificate of
Compliances, have been obtained from the Community Development Department and
all applicable fees paid.
(6�
Any damage to public property or to the public right-of-way occurring as a result or
consequence of the placement of a newsrack shall be the responsibility of the
Certificate of Compliance holder.
Newsracks may be mounted to an existing concrete sidewalk subiect to the City_
Engineer's approval, compliance with the City's Code of Ordinances, and in
compliance with American's with Disabilities Act. Upon removal of said newsrack the
sidewalk shall be restored to its pre -installation condition by the Certificate_. of
Compliance holder.
The City retains the right to make improvements to the public right of ways and remove
an approved newsrack to effect such improvements without the requirement to re-
install the newsrack. Re -installation shall be the responsibility of that newsrack's
Certificate of Compliance_ holder.
A newsrack foundation may be installed on either a pre -fabricated concrete slab or a
cast -in -place concrete slab, and meet the wind load requirements of the Broward
Countv Edition of the South Florida Buildina Code.
(a) A re -fabricated foundation shall be made of a re -fabricated reinforced concrete
slab with a minimum three and one-half (3'/2) inch thickness, a minimum twenty-
eight (28) day compressive strength of 2500 pounds per square inch (psi).
(b) A cast -in -place concrete slab shall have a minimum _four_ (4)_ inch thickness, a
minimum of twentv-eiaht (28) day comDressive strenath of 3000 Dounds Der square
inch (psi).
See.20-125. Abandonment.
In the event a newspaDer Dublishina comDanv or its distributors desires to voluntarily abandon
a newsrack,location, t distributor _ ibutor shall notify the CommunityDevelopmentDevelopment Department in writing,_ ., a .._
and within thirty (30) days of such notification, completely remove the newsrack and mount and
restore the public right-of-way to a condition which meets the current engineering standards, is safe,
leaving no holes or projections in the mounting surface.
CODING: Words in StFU .I( thFGU^" type are deletions from existing law;
Words in underscored type are additions.
January 16, 2001 - Temp Ord #1921 10
Revision No. 1 - April 17, 2001
Revision No. 2 - June 6, 2001
Revision No. 3 - June 21, 2001
Revision No. 4 - June 21, 2001
In the event of any newsrack installed pursuant to this section does not contain the publication
specified within a period of seven (7) days after release of the current issue, the Code Enforcement
Division may deem the newsrack abandoned and take appropriate action including but not limited to
removal of the newsrack.
Sec. 20-126. Location of conflict.
In case of a conflict over location of newsracks the first owner, publisher or distributor to
receive a Certificate of Compliance pursuant to Section 20-127 "Certificate of compliance
procedure", at any particular location shall have priority as to that location.
Sec. 20-127. Certificate of compliance procedure
Certificate of Compliance required. No person shall place a newsrack without first
obtainina a one-time Certificate of Compliance for each newsrack in accordance with
the provisions of this Article.
Issuing authority. The Director of Community Development, or his/h
designee, is responsible for fairly coordinating and administering the physical
placement of newsracks of the type and location herein specified. Upon
compliance with all regulations, the Director of Community Development or
his/her designee is responsible for issuing the Certificate of Compliance.
Applications. The applicant shall file with the Director of Community
Development, a written application for an installation Certificate of Compliance,
which shall contain the following information:
The name address and telephone number of the applicant, who is the
owner and/or principal responsible for the newsrack.
The name address and telephone number of a responsible person
whom the City may notify or contact at any time concerning the
applicant's newsrack.
Lc) The number of newsracks and the proposed locations of each shown
on a drawing drawn on a legible scale indicating any adjacent features.
Names of newspapers, periodicals or advertising circulars to be
contained in each newsrack.
CODING: Words in stF+sl( through- type are deletions from existing law;
Words in underscored type are additions.
January 16, 2001 - Temp Ord #1921 11
Revision No. 1 - April 17, 2001
Revision No. 2 - June 6, 2001
Revision No. 3 - June 21, 2001
Revision No. 4 - June 21, 2001
Le) Type or brand of newsrack including an illustration and description of
the newsrack and mount.
Insurance and indemnification.
u Insurance. Every publisher or distributor who places or maintains a
newsrack onublic property in the city shall maintain general liability
insurance coverage and shall furnish to the city a current certificate of
insurance naming the city as an additional insured prior to the issuance
of the newsrack Certificate of Compliance and must keep on file with the
city at all times a current Certificate of Insurance. Minimum limits of
coverage shall be $300,000.00 per occurrence combined single limit for
bodqK_ihua and property damage liability. Reasonable evidence of
e uivalent self-insurance coveraqp_ELay be substituted b the applicant
for the above certificate of insurance if approved by the cit 's Risk
Management division. Insurance under this section shall run
continuously with the presence of the applicant's newsrack inpublic
right-of-ways and any termination or lapse of such insurance shall be a
violation of this Article subject to appropriate remedy by Code
Enforcement Division. Enforcement may include but is not limited to
removal of the newsrack.
Indemnification / hold harmless. Every publisher or distributor that
maintains a newsrack within a public right-of-way in the city shall
execute and deliver a written agreement under which it a rees to
indemnify, hold harmless and defend the city, its officers a eats and
employees from any loss liability or damage sustained by any person as
a result of thatpublisher's or distributor's installation use or
maintenance of a newsrack within the city. This shall not be construed
to affect in any way the cit 's ri hts privileges and immunities as set
forth in Section 768.28 Florida Statutes.
Fees.
CODING: Words in stFusl( thFeugh- type are deletions from existing law;
Words in underscored type are additions.
CODING
January 16, 2001 - Temp Ord #1921 12
Revision No. 1 - April 17, 2001
Revision No. 2 - June 6, 2001
Revision No. 3 - June 21, 2001
Revision No. 4 - June 21, 2001
There shall be a one 1 -time only Certificate of Compliance fee in the amount
of fifty dollars ($50 00) for each newspaper publisher plus ten dollars ( 10.00)
Der newsrack.
Issuance of a Certificate of Compliance. Upon findin b the Communit
Development Department that the application is in compliance with the
provisions of the Code the Department shall cause a Certificate of Compliance
to be issued for the installation of the newsrack s .
Denial of Certificate of Compliance application. Should a Certificate of
Compliance application be denied by the department, the _applicant shall be
advised of the specific cause for denial and may include suqgested alternative
sites if they exist. The applicant may re -apply for a substitute alternative
location at no additional Certificate of Compliance fee; such variances can be
handled administratively.
Appeals. Any person aggrieved by any order, finding or determination talgIIIIIIIIIII
under the provisions of this Article other than a code enforcement actin
(hereinafter "appellant") may file an appeal with the Code Enforcement Board or
Special Master for the City of Tamarac. The appellant. must effect the appeal
within fifteen (15) days after receipt of the order mailed to the appellant
pursuant to this Article. In order to effect the appeal, the appellant must deliver
a letter of appeal, brief) stating the basis of the appeal, to the Clerk of the
Code Enforcement Board and/or Special Master. A hearing before the Code
Enforcement Board and/or Special Master shall be scheduled on the a eal Imo
later than thirty 30 days followina the receipt of the letter of appeal, unless the
parties mutually agree to an extension. The appellant shall be given at least
ten 10 days written notice of the time and place of the hearing. The Code
Enforcement Board or S ecial Master shall give the appellant a reasonable
0 ortunit to be heard in order to show cause wh the order findin or
determination is inconsistent with the requirements of this Article. At the
conclusion of the hearing, the Code Enforcement Board or Special Master shall
make a final and conclusive determination. The determination shall be reduced
to writin and si ned b the Chair erson of the Code Enforcement Board or
Special Master, and filed in the Office of the City Clerk within fifteen 15 days of
the hearing and a copy shall be sent to the appellant. The decision of the Code
Words in stF ck thFe gh type are deletions from existing law;
Words in underscored type are additions.
1
1
January 16, 2001 - Temp Ord #1921 13
Revision No. 1 - April 17, 2001
Revision No. 2
- June 6, 2001
Revision No. 3
- June 21, 2001
Revision No. 4 -
June 21, 2001
Enforcement Board or Special Master shall be effective when rendered. The
decision of the Code Enforcement Board or Special Master may be appealed
as provided for by law.
Sec. 20-128. Demonstration of public need.
Public need may be established by the following method which is not exclusive. If
another method to establish public need is desired by a publishing entity, then the City
and the publishing entity shall jointly determine whether the alternate method is a
legitimate and accurate means to determine public usage of newsracks in guestion. A
distributor desiring to establish a public need may
lace an extra newsrack at a
proposed location after notice to the City,for a test period of one month. No
Certificate of Compliance will be required: however, an application must first be
completed on a form provided by the Community Development Department.
If during the one month test period the average circulation from the newsracks equals
or exceeds 75% of the capacity of the newsrack for publications published other than
daily or for daily publications, the averse Sunday circulation from the newsracks
equals or exceeds 75% of the capacity of the newsrack then a public need will be
deemed to have been established. Assuming the extra newsrack complies with all
other appropriate sections of this Article a Certificate of Compliance will be issued. If
the extra newsrack does not comply with all other appropriate sections of this Article
the deficiencies must be corrected before a Certificate of Compliance will be issued.
Sec. 20-1.29. Removal procedures.
Notwithstanding the provisions of the above sections one -hundred eighty 180 days
after this Article becomes effective and at any time thereafter, any newsrack without a
Certificate of Compliance will have a Notice of Violation attached by the Code
Enforcement Division. If the newsrack is not removed or a Certificate of Compliance
obtained within fifteen 15 days after such notice is attached the Code Enforcement
Division may have the newsrack impounded and shall bill the Certificate of Compliance
holder or owner for expenses of such removal and storage. Within fifteen 15 days
after removal the newsrack shall be deemed unclaimed property in possession of the
City and may be disposed of pursuant to Florida Statutes 705.103.
CODING: Words in s sl, h- type are deletions from existing law;
Words in underscored type are additions.
January 16, 2001 - Temp Ord #1921 14
Revision No. 1 - April 17, 2001
Revision No. 2 - June 6, 2001
Revision No. 3 -- June 21, 2001
Revision No. 4 - June 21, 2001
SECTION 4: It is the intention of the City Commission and it is hereby ordained that the
provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City
of Tamarac, Florida, and that Sections of this Ordinance may be renumbered or relettered and the
word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to
accomplish such intention.
SECTION 5: All Ordinances or parts of Ordinances, and all Resolutions or parts of
Resolutions in conflict herewith are hereby repealed to the extent of such conflict.
SECTION 6: If any provision of this Ordinance or the application thereof to any pers
or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this
Ordinance that can be given affect without the invalid provision or application, and to this end the
provisions of this Ordinance are declared to be severable.
CODING: Words in 64WGI( thF, Uqh type are deletions from existing law;
Words in underscored type are additions.
Ll-
11
1
SECTION 7:
adoption.
January 16, 2001 - Temp Ord #1921 15
Revision No. 1 - April 17, 2001
Revision No. 2 - June 6, 2001
Revision No. 3 - June 21, 2001
Revision No. 4 - June 21, 2001
This Ordinance shall become effective immediately upon its passage and
PASSED, FIRST READING this 27t" day of June, 2001.
PASSED, SECOND READING this 111h day of July, 2001.
ATTEST:
MARION S ENSON, CMC
CI-'Y CLERK
I HEREBY CERTIFY that I
have approved this /
RE�ODUTION as to fovf
ITCHELL S.("FT
CITY ATTORNEY
commdev\u:\pats\userdata\wpdata\ord\1921 ord
(L..Z4- -
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER A-
DIST 1: COMM. PORTNER A
DIST 2: COMM. MISHKIN A
DIST 3: V/M SULTANOF_A-ye
DIST 4: COMM. ROBERTS r
CODING: Words in stFUsl' type are deletions from existing law;
Words in underscored type are additions.