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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2002-001Temp. Ord. #1955 11/21/01 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2002-001 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 18, SIGNS AND ADVERTISING, ARTICLE II, SIGNS, DIVISION 5, TEMPORARY SIGNS, SECTION 18-86, POLITICAL SIGNS, CLARIFYING THAT REMOVAL REQUIREMENTS APPLY TO SIGNS ASSOCIATED WITH AN ELECTION OR BALLOT ISSUE; PROVIDING THAT SIGNS PROMOTING ISSUES NOT ASSOCIATED WITH AN ELECTION OR BALLOT ISSUE ARE NOT SUBJECT TO REMOVAL REQUIREMENTS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, political signs are a form of political speech, which is a highly protected form of speech; and WHEREAS, the City of Tamarac wishes to provide full protections to the freedom of expression associated with the placement of political signs, while maintaining an orderly appearance on the City's streets during and after election times; and WHEREAS, certain provisions of the City's political sign code require revision in order to further the right to freedom of expression of the citizens and residents of the City of Tamarac; 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 that the City's political sign code be amended. CODING: Words in dough type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #1955 11/21/01 Page 2 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 this Ordinance upon adoption hereof. SECTION 2: That the Tamarac Code, Section 18-86, Political signs, is hereby amended to read as follows: Sec. 18-86. Political signs. [The following regulations shall apply to political signs:] (1) The provisions of F.S. § 106.1435, as may be amended, shall apply to political signs associated with an election or ballot issue placed within the city, but shall not apply to those signs promoting issues or other matters of free expression not associated sue and are incorporated herein as with an election or ballot issue, follows: a. Each candidate, whether for a federal, state, county, or district office, shall make a good faith effort to remove all of his or her political campaign advertisements within thirty (30) days after withdrawal of his or her candidacy, having been eliminated as a candidate, or being elected to office. b. If political campaign advertisements are not removed within the specified period, the city has the authority to remove such advertisements and may charge the candidate the actual cost for such removal. Funds collected for removing such advertisements shall be deposited to the general revenue of the city. (2) All signs shall be discarded in a proper manner so as to prevent litter and trash from accumulating in the city. The city shall not remove or interfere with the placement of political signs in the vicinity of a polling place, which otherwise complies with state law, on an election day, unless necessary for public safety. (3) No political signs shall be permitted to be posted in any public right-of-way or in public parks CODING: Words in struel( thrsugh type are deletions from existing law; Words in underscored type are additions. 1 Ll [7 Temp. Ord. #1955 11 /21 /01 Page 3 (4) The prohibition contained in this subsection shall in no way apply to election announcement signs posted by the city, announcing each election to be held in the city. (5) Political signs advertising a candidate for a specific election shall not exceed twelve (12) square feet for each sign face, twenty-four (24) square feet aggregate for each sign. For any single-family lot, no political sign shall exceed four square feet. SECTION 3: 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 the 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 4: All Ordinances or parts of Ordinances, and Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any provision of this Ordinance or the application thereof to any person 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 struckthFeugli type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #1955 11/21/01 Page 4 SECTION 6: This Ordinance shall become effective immediately upon its passage and adoption. PASSED, FIRST READING this 12" day of December, 2001. PASSED, SECOND READING this 9th day of January, 2002. JOE SCHREIBER \\44 MAYOR ATTEST: RECORD OF COMMISSION VOTE: MARION SWE SON, CMC CITY CLERK MAYOR SCHREIBER Ave, ,4 e, DIST 1: COMM. PORTNER A er Aye, DIST 2: COMM. MISHKIN -flyer 8 er I HEREBY CERTIFY that I DIST 3: V/M SULTANOF A e� A e., have approved this DIST 4: COMM. ROBERTS A ev A ev ORDINANC.E as to form. MIVMELL S. KF CITY ATTORN CODING: Words in strur* threagh type are deletions from existing law; Words in underscored type are additions.