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<br />ORDINANCE NO.: 2002-lkl <br /> <br />AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF <br />SUNNY ISLES BEACH, FLORIDA, AMENDING ORDINANCE NO. 98-24 <br />AND ORDINANCE NO. 2001-146, ESTABLISHING STANDARDS AND <br />REQUIREMENTS FOR NEWSRACKS LOCATED ON THE PUBLIC <br />RIGHTS-OF-WAY AND PRIVATE PROPERTY; PROVIDING FOR <br />PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR <br />LOCATION AND PLACEMENT OF NEWS RACKS ON PUBLIC AND <br />PRIVATE PROPERTY; PROVIDING FOR STANDARDS FOR <br />INSTALLATION, MAINTENANCE AND APPEARANCE OF <br />NEWSRACKS BY THE CITY; PROVIDING FOR PERMIT AND <br />CONDITIONS FOR PERMIT; PROVIDING FOR ALLOCATION OF <br />NEWSRACK; PROVIDING FOR REVOCATION OF PERMITS; <br />PROVIDING FOR MOUNTING STANDARDS; PROVIDING FOR <br />APPEAL; 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, the City Commission adopted Ordinance No. 98-24 and Ordinance No. <br />2001-146, which attempted to address the uncontrolled placement of newsracks in public rights- <br />of-way which presented an inconvenience and threat to the safety and welfare of persons using <br />such 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 quality of the public streets for health, safety and welfare purposes; <br />and <br /> <br />Newsrack Ordinance4 <br />9/5/02 -3:10 PM <br />A:/I-IO/Disk IIA <br /> <br />1 <br />