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<br />------ - ---"7 <br /> <br />ORDINANCE NO. 2001-146 <br /> <br />AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF <br />SUNNY ISLES BEACH, FLORIDA, REPEALING ORDINANCE NO. 98- <br />24, ESTABLISHING STANDARDS AND REQUIREMENTS FOR <br />NEWSRACKS LOCATED ON THE PUBLIC RIGHTS-OF-WAY; <br />PROVIDING FOR PURPOSE; PROVIDING FOR DEFINITIONS; <br />PROVIDING FOR LOCATION AND PLACEMENT OF NEWSRACKS; <br />PROVIDING FOR STANDARDS FOR INSTALLATION, <br />MAINTENANCE AND APPEARANCE OF NEWSRACKS BY THE CITY; <br />PROVIDING FOR PERMIT AND CONDITIONS FOR PERMIT; <br />PROVIDING FOR ALLOCATION OF NEWSRACK; PROVIDING FOR <br />REVOCATION OF PERMITS; PROVIDING FOR APPEAL; <br />PROVIDING FOR ADMINISTRATIVE FEES; DETERMINING <br />NEWSRACK ABANDONMENT; PROVIDING FOR <br />INDEMNIFICATION; PROVIDING FOR REPEAL OF CONFLICTING <br />PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR <br />INCLUSION OF THE CODE AND AN EFFECTIVE DATE. <br /> <br />WHEREAS, on March 12, 1998, the City Commission adopted Ordinance No. 98-24, <br />which attempted to address the uncontrolled placement of newsracks in public rights-of-way <br />which presented an inconvenience and threat to the safety and welfare of persons using such <br />rights-of-way, including pedestrians, persons entering and leaving buildings, and persons <br />performing essential utility, traffic control and emergency services; and <br /> <br />WHEREAS, substantial growth in the number of newspaper publications and operators <br />of newsracks in the City, has produced a significant increase in the number of newsracks <br />installed in the public rights-of-way; and <br /> <br />WHEREAS, the substantial growth of newsracks within the City limits have caused <br />considerable concern amongst the public and City officials with regard to safety, convenience <br />and the aesthetics thereof; and <br /> <br />WHEREAS, the City of Sunny Isles Beach has invested significant funds to beautify the <br />City since its incorporation, including improvements to facilitate pedestrian and vehicular <br />circulation; and <br /> <br />WHEREAS, the City has adopted a Streetscape Master Plan and a Comprehensive <br />Master Plan to improve the visual character of the City, including resources necessary to <br />improve the character and qualit) of the public streets for health, safety and welfare purposes; <br />and <br /> <br />WHEREAS, the uncontrolled placement of newsracks in public rights-of-way does not <br />support the investment that the City has made to beautify its infrastructure; and <br /> <br />02001-146 Newsrack Ord <br /> <br />1 <br />