1
The Land Use and Zoning Committee offers the following Substitute to
2
Ordinance 2010-253:
3
4
Introduced by Council Members Davis, Holt, Bishop, Redman, Joost
5
Crescimbeni substituted by the Land Use and Zoning Committee:
6
7
8
ORDINANCE 2010-253
9
AN ORDINANCE ADDRESSING THE PUBLIC HEALTH AND WELFARE
10
THROUGH
THE
REGULATION
11
AESTHETICS;
12
TOLERANCE FOR LITTER ON PUBLIC PROPERTY; MAKING FINDINGS;
13
AMENDING
14
REGULATIONS), ORDINANCE CODE, AS DESCRIBED; CREATING A
15
NEW SUBSECTION 656.1301(o) TO ADD A FINDING AS TO SIGN
16
FUNCTION; CREATING A NEW SUBSECTION 656.1301(dd) TO ADD A
17
DEFINITION FOR TEMPORARY ELECTION SIGNS; CREATING A NEW
18
SUBSECTION
19
EXPRESSION
20
656.1303(a)(4) THAT CURRENTLY ALLOWS FOR TWO ADDITIONAL
21
SIGNS
22
ELECTION SIGNS AND FREE EXPRESSION SIGNS; CREATING A NEW
23
SECTION 656.1313 (TEMPORARY DIRECTIONAL REAL ESTATE SIGNS
24
DURING
25
PLACEMENT
26
PROVIDING CONDITIONS, LIMITATIONS, AND OTHER PROVISIONS
27
PERTAINING TO THE SAME, PROVIDING FOR A PERMIT FEE, AND
28
PROVIDING A SUNSET DATE ON JUNE 30, 2013; CREATING A NEW
29
SECTION 656.1314 (TEMPORARY ELECTION SIGNS) TO AUTHORIZE
30
TEMPORARY ELECTION SIGNS WITH CONDITIONS; CREATING A NEW
31
SECTION
ADDRESSING
CHAPTER
IN
656
LIGHT
WEEKENDS)
OF
OF
(ZONING
TO
THE
ADD
TO
(FREE
NEW
POLLUTION
REGULATIONS
CODE),
A
DELETING
TEMPORARY
656.1315
VISUAL
SIGN
656.1301(ee)
SIGNS;
OF
PART
DEFINITION
CURRENT
PROVISIONS
AUTHORIZE
DIRECTIONAL
EXPRESSION
THE
AND
ZERO
13
(SIGN
FOR
TEMPORARY
PERMITTING
SIGNS)
FREE
SUBSECTION
FOR
REAL
AND
ESTATE
TO
AND
SIGNS,
AUTHORIZE
&
1
FREE EXPRESSIONS SIGNS WITH CONDITIONS; CREATING A NEW
2
SECTION 656.1316 (CONTENT NEUTRALITY AS TO SIGN MESSAGE
3
(VIEWPOINT)) TO CONFIRM CONTENT NEUTRALITY (VIEWPOINT) IN
4
THE
5
656.1317
6
COMMERCIAL
7
ALLOWING A NONCOMMERCIAL MESSAGE TO BE SUBSTITUTED FOR A
8
COMMERCIAL MESSAGE; CREATING A NEW SECTION 656.1318 (NO
9
CRIMINAL PENALTIES) TO EXPRESSLY PROVIDE THAT CRIMINAL
10
PENALTIES SHALL NOT APPLY TO A VIOLATION OF PART 13 OF
11
CHAPTER 656 OF THE ORDINANCE CODE; CREATING A NEW SECTION
12
656.1319
13
SEVERABILITY, EVEN IF LESS SPEECH RESULTS, IN CONNECTION
14
WITH THE PROVISIONS OF PART 13 OF CHAPTER 656; AMENDING
15
CHAPTER
16
ORDINANCE CODE,
17
111.786
18
CHAPTER 741 (ZERO TOLERANCE FOR LITTER), ORDINANCE CODE,
19
TO ADD PART I (GENERAL PROVISIONS) TO CHAPTER 741 AS A
20
SUBTITLE FOR SECTIONS 741.101 THROUGH 741.102; AMENDING
21
THE DEFINITION OF “LITTER” TO SPECIFICALLY INCLUDE “SNIPE
22
SIGNS,”
23
“PERSON”; ADDING PART II (POLICY, FUNDING, AND REPORTING)
24
TO CHAPTER 741 AS A SUBTITLE FOR SECTIONS 741.103 THROUGH
25
741.106; ADDING PART III (ENFORCEMENT) TO CHAPTER 741 AS
26
A SUBTITLE FOR SECTIONS 741.107 THROUGH 741.114, CHAPTER
27
741;
28
TOLERANCE
29
UNLAWFUL TO PLACE LITTER OR AFFIX A SNIPE SIGN TO PUBLIC
30
PROPERTY
CITY’S
SIGN
REGULATIONS;
(SUBSTITUTION
MESSAGE)
OF
TO
TO
(SPECIAL
AS
AND
TO
CREATING
FOR
AND
ADD
THE
NEW
DEFINITIONS
741.107
ESTABLISHING
TO
TRUST
FOR
-2-
PROVIDE
A
NEW
FUND;
“SNIPE
ESTABLISH
FOR
OF
FOR
ACCOUNTS),
(VIOLATION
PENALTIES
FOR
PRACTICE
TRUST
TO CREATE
LITTER
LAW)
CITY’S
AND
SECTION
MESSAGE
EXPRESSLY
REVENUE
SECTION
LITTER
THE
TO
DESCRIBED
ESTABLISH
A
NONCOMMERCIAL
CODIFY
(SEVERABILTY)
111
CREATING
SECTION
AMENDING
SIGN”
OF
THAT
AND
ZEROIT
IS
VIOLATIONS;
1
CREATING SECTION 741.108(LITTER AND SNIPE SIGNS DEEMED
2
ABANDONED
3
SIGNS ON PUBLIC PROPERTY SHALL BE CONSIDERED ABANDONED
4
PROPERTY SUBJECT TO REMOVAL BY ANY PERSON IN A CERTAIN
5
MANNER; CREATING SECTION 741.109(DUTIES OF MUNICIPAL CODE
6
COMPLIANCE DIVISION CHIEF OR DESIGNEE) TO PROVIDE DUTIES
7
AND PROCEDURES FOR ENFORCEMENT OF PART III OF CHAPTER
8
741;
9
PROCEDURES)
PROPERTY)
CREATING
TO
PROVIDE
SECTION
TO
THAT
LITTER
741.110(FINES
ESTABLISH
THE
AND
AND
SNIPE
PENALTIES;
AUTHORITY
OF
CODE
10
ENFORCEMENT OFFICERS AND CERTIFIED PERSONNEL TO ENFORCE
11
PART III OF CHAPTER 741; CREATING SECTION 741.111(COUNTY
12
COURT
13
JURISDICTION TO HEAR CHARGES OF CODE VIOLATIONS PURSUANT
14
TO
15
741.112(PROVISIONS
16
PROVISIONS OF PART III OF CHAPTER 741 SHALL BE ADDITIONAL
17
AND SUPPLEMENTAL; CREATING SECTION 741.113(DISTRIBUTION
18
OF FINES) TO PROVIDE FOR DISTRIBUTION OF FINES COLLECTED
19
FOR
20
SECTION
21
ESTABLISH
22
SEVERABILITY
23
PROVIDING AN EFFECTIVE DATE.
JURISDICTION)
THE
ISSUANCE
VIOLATION
OF
741.114
TO
PROVIDE
OF
CITATIONS;
SUPPLEMENTAL)
PART
III
(ANNUAL
THE
OF
TO
COUNTY
CREATING
PROVIDE
CHAPTER
REPORTING
ANNUAL REPORTING
OF
FOR
OF
SECTION
THAT
741;
THE
CREATING
REQUIREMENTS)
REQUIREMENTS;
PROVISIONS
COURT
PROVIDING
THIS
TO
FOR
ORDINANCE;
24
25
WHEREAS, the City Council (Council) finds and determines that
26
the sign categories identified within Part 13 of Chapter 656 relate
27
to the function that the sign serves, such as construction signs,
28
directional
29
identification
30
signs, landmark signs, and neighborhood identification signs; and,
or
direction
signs,
signs,
temporary
real
estate
election
-3-
signs,
signs,
free
subdivision
expression
1
WHEREAS, the Council finds and determines that the sign-types
2
set
forth
in
3
determinations, but are based upon careful consideration of the
4
function served by the sign-types involved, and that such sign-
5
types
6
aesthetics
7
necessary purpose; and,
serve
this
ordinance
substantial
and
safety
are
not
based
governmental
with
the need
upon
interests
for
signage
any
arbitrary
of
balancing
that
serves a
8
WHEREAS, the Council finds and determines that the limitations
9
on the height, size, number, and setbacks of sign types are based
10
upon the sign function; and,
11
WHEREAS, the Council finds and determines that the regulation
12
of sign types by sign function as set forth in Part 13 have not
13
been adopted because of any disagreement with the message that the
14
signage conveys [see Ward v. Rock Against Racism, 491 U.S. 781, 791
15
(1989)];
16
regulation of signage in Part 13 is not designed as a regulation of
17
speech per se but is a regulation of the places where some speech
18
may occur, and is not concerned with a particular viewpoint and
19
does not seek to advance or prohibit any particular point of view
20
on any specific subject [see Hill v. Colorado, 530 U.S. 703, 719-
21
723 (2000)], and that the provisions such as those directed to
22
snipe signs on utility poles are designed to meet constitutional
23
parameters,
24
another [see Members of City Council of Los Angeles v. Taxpayers
25
for Vincent, 466 U.S. 789, 808 (1984)]; and,
further,
and
the
are
Council
not
finds
designed
to
and
favor
determines
one
that
viewpoint
the
over
26
WHEREAS, the Council finds and determines that under current
27
jurisprudence, temporary election signs are generally accorded a
28
higher level of protection under the First Amendment than any other
29
classification or type of speech; and,
-4-
1
WHEREAS, the Council finds and determines that the size of
2
temporary election signs should be consistent with the size allowed
3
for temporary signs in residential districts, but that the size
4
should not be increased beyond four square feet because a lot may
5
be allowed to have one such sign for each candidate and each ballot
6
issue,
7
accommodate
8
allowable signs with the need to keep in check sign clutter, and
9
that as part of an effort to maintain this balance that such signs
10
be defined to be nonilluminated and no higher than six feet above
11
the ground; and,
thereby
striking
election
a
signs
balance
by
between
an
increase
the
in
need
to
the
broadly
number
of
12
WHEREAS, the Council finds and determines that a size of four
13
square feet is sufficient to be visible to passing vehicular and
14
pedestrian traffic, and that temporary signs that are between three
15
square feet to four square feet in size are commonly utilized and
16
effective, and that signs that are four square feet or smaller in
17
size
18
Manual on Uniform Traffic Control Devices (MUTCD) (2009 edition)
19
and are effective as a means of communication to passing vehicular
20
traffic; and,
are
allowed
as
official
signs
within
the
current
federal
21
WHEREAS, the Council finds and determines that under current
22
jurisprudence [see, e.g., Ladue v. Gilleo, 512 U.S. 43 (1994)],
23
signs
24
homeowners, to freely express a particular point of view on their
25
own property should be reasonably accommodated and may be uniquely
26
valuable, and that it is appropriate to provide a definition for
27
free expression signs which function to communicate information or
28
views on matters of public policy concern or communicating other
29
noncommercial
30
noncommercial signs on private residential lots; and,
that
allow
property
messages,
and
owners,
to
codify
-5-
especially
the
residential
allowance
of
small
1
WHEREAS, the Council finds and determines that free expression
2
signs
3
noncommercial speech that may be unrelated to particular candidates
4
or ballot issues; and,
5
are
sufficient
WHEREAS,
the
allow
Council
determines
9
expression sign in a commercial zoning district may display either
to
allow
is
in
and
to
it
8
districts,
signs
that
or
display of a commercial message as well as a noncommercial message
zoning
expression
political
7
10
free
and
additional
appropriate
commercial
define
finds
for
6
a
to
to
provide
that
for
a
the
free
a commercial or a noncommercial message; and,
11
WHEREAS, the Council finds and determines that in defining
12
free expression signs in connection with their allowable size that
13
it is appropriate given their function that such size be consistent
14
with the size allowed for temporary signs in residential districts,
15
and that the size should not be increased beyond four square feet
16
so as to keep in check sign clutter, and that the same be defined
17
to be nonilluminated and no higher than six feet above the ground
18
to balance the interest of additional speech through signage while
19
balancing the interests in aesthetics and traffic safety; and,
20
WHEREAS, the Council finds and determines that a size of four
21
square feet is sufficient to be visible to passing vehicular and
22
pedestrian traffic, and that temporary signs that are between three
23
square feet to four square feet in size are commonly utilized and
24
effective, and that signs that are four square feet or smaller in
25
size are allowed as official signs within the Manual on Uniform
26
Traffic Control Devices (2009 edition) and are effective as a means
27
of communication to passing vehicular traffic; and,
28
WHEREAS, the Council finds and determines that in addition to
29
the display of a free expression signs, nothing herein shall limit
30
a
property
owner
from
having
-6-
the
right
to
substitute
a
1
noncommercial message for a commercial message, a practice that is
2
codified
3
substitution clause, and that the right to make that substitution
4
further supports a definition of free expression signs that limits
5
the physical characteristics of the same; and,
6
herein
WHEREAS,
by
the
the
inclusion
Council
finds
in
and
this
ordinance
determines
that
of
it
a
is
7
appropriate to expressly provide that property owners may display
8
at least one free expression sign at all times, in addition to
9
displaying temporary election signs for candidates or issues prior
10
to an election to which the same may pertain and in addition to
11
displaying any other lawful sign type; and,
12
WHEREAS, the Council finds and determines that by expressly
13
allowing
for
the
display
14
candidate and each issue that may appear on the ballot and by
15
expressly allowing a free expression time to be displayed at any
16
time, there is no longer a need to allow for the display of two
17
noncommercial
18
therefore appropriate to delete current Subsection 656.1303(a)(4)
19
and
20
656.1303(a)(4); and,
signs
renumber
in
of
temporary
residential
Subsection
election
districts,
signs
and
656.1303(a)(5)
for
that
to
each
it
is
Subsection
21
WHEREAS, the Council finds and determines that there is a
22
growing concern with the housing crisis that afflicts the City of
23
Jacksonville and the nation, and that it is appropriate to make
24
minor and temporary adjustments to Chapter 656, Zoning Code, to add
25
Section 656.1313 to Chapter 656 and provide that during a forty-
26
eight hour window between 3 P.M. Friday and 3 P.M. Sunday (the
27
weekend)
28
weekend
29
subject to strict conditions and limitations; and,
small
temporary
directional
signs)
real
can
estate
be
-7-
directional
placed
in
signs
certain
(small
locations
1
WHEREAS, the Council finds and determines that “real estate”
2
signs are a well-recognized and unique sign type that is tied to
3
their function, and that under current jurisprudence [see, e.g.,
4
Linmark Associates v. Town of Willingboro, 431 U.S. 85 (1977)],
5
real estate signs should be allowed given the important role and
6
unique function that they perform; and,
7
WHEREAS, the Council finds and determines that the addition of
8
Section 656.1313 is necessary and appropriate, that it is based
9
upon careful consideration of the unique function served by such
10
temporary
signage,
11
necessary as a result of the nationwide housing crisis which has
12
substantially increased the number of distressed properties; and,
13
WHEREAS,
14
jurisdictions
15
regulations
16
function
17
crisis; and,
18
to
for
that
the
relaxed
the
Council
finds
have
adopted
similar
allow
the
such
sign
projected
location
and
determines
amendments
types
duration
standards
based
of
to
upon
the
that
are
other
their
their
nationwide
sign
unique
housing
WHEREAS, the Council finds and determines that small weekend
19
directional
20
additional
21
available
22
consequences of the ongoing housing crisis, and the Council further
23
finds and determines that their placement of such sign types can be
24
controlled and regulated so as to not proliferate unnecessarily;
25
and,
26
signs
serve
information
housing
WHEREAS,
the
and
to
an
important
the
public
thereby
Council
assist
finds
and
function
as
in
to
by
the
combating
determines
that
providing
location
the
of
adverse
such
small
27
weekend directional signs should be allowed for a period (subject
28
to a sunset date of June 30, 2013) given the important role and
29
unique function that small weekend directional signs can perform to
30
assist
in
stimulating
housing
sales
-8-
during
the
present
housing
1
crisis;
2
recession
3
afflicts the City of Jacksonville; and,
4
especially
and
considering
combined
with
the
the
present
national
ongoing
housing
economic
crisis
that
WHEREAS, the Council finds and determines that small weekend
5
directional
signs
6
motoring public in locating housing for sale in the distressed
7
local
8
providing such information during peak periods; and,
market
serve
activity,
an
and
important
can
also
function
improve
by
assisting
traffic
safety
the
by
9
WHEREAS, the Council finds and determines and recognizes the
10
important public purposes that are served by allowing small weekend
11
directional
12
interests in aesthetics and traffic safety at the same time with
13
conditions and limitations on the placement of the small weekend
14
directional signs; and,
15
signs
and
by
balancing
the
community’s
continuing
WHEREAS, in view of the findings and determinations contained
16
herein,
the
Council
finds
and
determines
that
small
weekend
17
directional signs should be allowed within the non-paved portion of
18
the right of way of any City of Jacksonville road that is situated
19
outside of any sidewalk, ditch or drainway therein, and that lies
20
no closer than two feet from the edge of the traveled way therein,
21
subject to conditions and limitations, and may be displayed on
22
private lots with permission of the property owner, subject to
23
conditions and limitations; and,
24
WHEREAS, the Council finds and determines that small weekend
25
directional signs meet the conditions and limitations as expressly
26
set forth in the new Section 656.1313, including location, spacing,
27
proximity, size, height, setback, and permit requirements; and,
28
WHEREAS, the Council finds and determines that small weekend
29
directional signs that do not comply with the City’s regulations
30
and/or are found within the City of Jacksonville’s right of way
-9-
1
other than during the weekend interval should be deemed abandoned,
2
and code enforcement officials should be authorized to remove and
3
dispose of the same without notice or compensation to the owner,
4
and that such illegal signs be treated as litter under Chapter 741,
5
Zero
6
provisions set forth therein through amendments contained within
7
this ordinance; and,
8
9
Tolerance
WHEREAS,
for
the
Litter,
Council
subject
finds
and
to
the
determines
fines
and
that
other
the
small
weekend directional sign amendment is necessary and continues to
10
provide
a
balance
11
interests
12
ordinance,
13
categorization and treatment of this particular sign-type survive
14
any strict scrutiny analysis under the First Amendment for the
15
reasons outlined herein; and,
of
and
the
between
the
aesthetic
community
and
the
that
it
is
the
intent
and
functions
of
the
traffic
served
Council
safety
by
that
this
the
16
WHEREAS, the Council finds and determines that the addition of
17
Section 656.1313 should contain a sunset date of June 13, 2013;
18
and,
19
WHEREAS, the Council finds and determines that it is advisable
20
to expressly allow for the display of temporary election signs on a
21
private lot for each candidate and for each ballot issue to ensure
22
that election signs are accommodated in a manner that comports with
23
the First Amendment [see, e.g., Arlington County Repub. Committee
24
v. Arlington County, 983 F.2d 587 (4th Cir. 1993)]; and,
25
WHEREAS,
the
Council
finds
and
determines
that
it
is
26
appropriate to allow for temporary election signs in addition to a
27
free expression sign that is allowed for each private lot; and,
28
WHEREAS,
the
Council
finds
and
determines
that
it
is
29
appropriate to establish a setback of ten feet from the right-of-
30
way for temporary elections signs if the same are displayed as a
-10-
1
freestanding sign consistent with the setback requirement for other
2
temporary signs; and,
3
WHEREAS,
the
Council
finds
and
determines
that
durational
4
limitations on election signs, sometimes referred to as political
5
signs, are frequently problematic when the limitations affect the
6
posting of election signs prior to the election concerning the
7
candidate or ballot issue to which they pertain, but durational
8
limits
9
election are generally permissible [see, e.g., Election Signs and
10
Time Limits, Evolving Voices in Land Use Law, 3 Wash. U.J.L. &
11
Pol’y 379 (2000)], and that it is appropriate to establish a time
12
period of seven days following an election for the removal of a
13
temporary election sign that pertained thereto; and,
requiring
the
removal
of
election
signs
following
such
14
WHEREAS, the Council finds and determines that a durational
15
limit requiring the removal of a temporary election sign seven days
16
following an election will not impact the right to display a free
17
expression sign which has no durational limit; and,
18
WHEREAS, the Council finds and determines that under current
19
jurisprudence [see, e.g., Ladue v. Gilleo, 512 U.S. 43 (1994)], it
20
is appropriate to allow the display of free expression signs and to
21
extend that right to all private lots; and,
22
WHEREAS,
Council
23
appropriate
24
residential lots; and,
25
to
the
WHEREAS,
codify
the
the
Council
finds
and
practice
finds
of
and
determines
allowing
that
such
determines
it
is
signs
on
that
it
is
26
appropriate to establish a setback of ten feet from the right-of-
27
way
28
freestanding sign on a private lot; and,
for
free
expression
signs
if
the
same
are
displayed
as
a
29
WHEREAS, the Council finds and determines that the City’s sign
30
regulations are concerned with the secondary effects of speech,
-11-
1
including but not limited to aesthetics and traffic safety, and
2
that it is appropriate to reaffirm that the sign regulations are
3
intended
4
speech or regulate the viewpoint of the speaker; and,
to
be content
neutral
and
are
not
designed
to
censor
5
WHEREAS, the Council finds and determines that the City has
6
allowed noncommercial speech to appear wherever commercial speech
7
appears; and the Council desires to codify that practice through
8
the
9
allows
10
specific
inclusion
non-commercial
of
a
substitution
messages
to
be
clause
substituted
that
expressly
for
commercial
messages; and,
11
WHEREAS, the Council finds that in order to reconfirm that its
12
sign regulations meet constitutional scrutiny, it is appropriate to
13
amend the ordinance code to emphasize the fact that noncommercial
14
messages may be placed wherever commercial messages appear, that
15
commercial speech is not favored over noncommercial speech, and
16
that any on-site or off-site sign permitted or allowed by law is
17
allowed
18
speech; and,
19
to
contain
WHEREAS,
the
noncommercial
Council
finds
speech
and
in
lieu
determines
of
that
any
it
other
is
not
20
necessary for criminal penalties to be imposed for a violation of
21
Part 13 of Chapter 656, and that it is appropriate to expressly
22
provide that the remedies available for violations of the City’s
23
sign regulations in Part 13 of Chapter 656 shall not include or
24
extend to criminal penalties; and,
25
WHEREAS, the Council finds and determines that the Ordinance
26
Code’s
severability
27
upholding
28
including its sign regulations, as possible in the event that any
29
portion thereof (including any section, sentence, clause or phrase)
and
clauses
sustaining
as
were
much
-12-
adopted
of
the
with
the
City’s
intent
of
regulations,
1
be
held
2
jurisdiction; and,
3
invalid
or
unconstitutional
by
any
court
of
competent
WHEREAS, the Council finds and determines that under Florida
4
law,
whenever
5
unconstitutional, the remainder of the act will be permitted to
6
stand provided (1) the unconstitutional provisions can be separated
7
from the remaining valid provisions, (2) the legislative purpose
8
expressed in the valid provisions can be accomplished independently
9
of those which are void, (3) the good and the bad features are not
inseparable
a
portion
in
of
a
substance
statute
that
or
it
ordinance
can
be
is
said
declared
10
so
that
the
11
legislative body would have passed the one without the other, and
12
(4) an act complete in itself remains after the valid provisions
13
are stricken [see, e.g., Waldrup v. Dugger, 562 So. 2d 687 (Fla.
14
1990)]; and,
15
WHEREAS, the Council finds and determines that there have been
16
several judicial decisions where courts have not given full effect
17
to severability clauses that applied to sign regulations and where
18
the courts have expressed uncertainty over whether the legislative
19
body
20
situations despite the presumption that would ordinarily flow from
21
the presence of a severability clause; and,
intended
22
that
severability
would
apply
to
certain
factual
WHEREAS, the Council finds and determines that there should be
23
an
ample
24
severability clause in connection with the City’s sign regulations
25
be applied to the maximum extent possible, even if less speech
26
would result from a determination that any exceptions, limitations,
27
variances or other provisions are invalid or unconstitutional for
28
any reason whatsoever; and,
29
30
record
of
its
intention
that
the
presence
of
a
WHEREAS, the Council finds and determines that there be an
ample
record
that
it
intends
that
-13-
each
prohibited
sign-type
1
continue
in
effect
regardless
of
the
invalidity
or
2
unconstitutionality of any, or even all other, provisions of the
3
City’s sign regulations, other ordinance code provisions, or other
4
laws, for any reason(s) whatsoever; and,
5
WHEREAS, the Council finds and determines that it would serve
6
the public interest for a separate trust fund to be maintained for
7
the purpose of keeping bus stops and bus shelters well-maintained,
8
in good repair and litter-free, with such account to be funded from
9
fines collected for enforcement of the City of Jacksonville’s zero-
10
tolerance for litter law; and,
11
12
WHEREAS,
the
Council
finds
and
determines
that
there
be
established a Litter Trust Fund; and,
13
WHEREAS, the Council finds and determines that the goals of
14
Chapter 741 would be furthered by establishing a Litter Trust Fund
15
as set forth herein; and,
16
WHEREAS, the Council finds and determines that such fund would
17
operate in a manner similar to the enforcement of laws prohibiting
18
the unauthorized parking in disabled parking spaces, as set forth
19
in Section 804.102, Ordinance Code, and through Part 1 of Chapter
20
636, Ordinance Code, with seventy percent of the fines collected to
21
be placed in a separate account of the City of Jacksonville to be
22
expended as provided in Section 804.102(d) for certain designated
23
public purposes; and,
24
WHEREAS, the Council finds and determines that in 2004 the
25
Council enacted Chapter 741, Ordinance Code, to ensure that the
26
streets,
27
shall be litter-free to the maximum extent feasibly possible; and,
28
highways,
public
spaces,
rights-of-way,
and
waterways
WHEREAS, the Council finds and determines that Chapter 741 set
29
forth
minimum
30
litter,
and
standards
that
for
those
establishing
minimum
-14-
a
zero-tolerance
standards
are
for
desirable
1
environmental goals that will advance the quality of life for Duval
2
County and its residents; and,
3
WHEREAS, the Council finds and determines that in enacting
4
Chapter 741 the Council found that Jacksonville citizens believe
5
that their City should be a model for beauty that is not surpassed
6
by any city in America; and,
7
WHEREAS, the Council finds and determines that the City of
8
Jacksonville is adversely impacted and the zero tolerance goals
9
have been frustrated by the placement of litter, often referred to
10
as snipe signs, on public property throughout the City; and,
11
WHEREAS, the Council finds and determines that the City of St.
12
Petersburg
has
implemented
an
effective
snipe
sign
enforcement
13
program that has reduced the proliferation of snipe sign litter in
14
that municipality; and,
15
WHEREAS, the Council finds and determines that a more robust
16
enforcement of litter laws with a combination of public education
17
as well as the assessment of fines for offenders would serve to
18
improve the beauty of the City of Jacksonville; and,
19
WHEREAS,
the
Council
finds
and
determines
that
it
enacted
20
Chapter 741 with the intent that public bus stops and shelters
21
shall
22
intent that the City of Jacksonville shall provide funding, subject
23
to available funding, for the maintenance of public bus stops and
24
bus shelters; and,
25
be
well-maintained
and
litter-free,
and
with
the
further
WHEREAS, the Council finds and determines that the City of
26
Jacksonville
has
achieved
27
enforcement,
notably
28
unauthorized parking in disabled parking spaces, as set forth in
29
Section 804.102, Ordinance Code, and through Part 1 of Chapter 636,
30
Ordinance Code, with seventy percent of the fines collected being
the
success
enforcement
-15-
in
of
other
laws
areas
of
prohibiting
code
the
1
placed in a separate account of the City to be expended as provided
2
in Section 804.102(d) for certain designated public purposes; and,
3
WHEREAS, the Council finds and determines that the enforcement
4
of laws prohibiting the unauthorized parking in disabled parking
5
spaces has been aided by persons certified through training to
6
issue
7
accessibility
8
disabled persons and to provide funds to conduct public awareness
9
programs in the County concerning physically disabled persons; and,
citations,
with
and
monies
equal
to
be
expended
opportunity
to
only
to
qualified
improve
physically
10
WHEREAS, the Council finds and determines that the City of
11
Jacksonville has an interest in keeping public bus stops and bus
12
shelters,
13
maintained and litter-free, including specifically those locations
14
for
15
placement; and,
including
bus
shelters
those
that
for
meet
the
physically
established
disabled,
criteria
for
well-
shelter
16
WHEREAS, the Council finds and determines that the goals of
17
Chapter 741 would be furthered amending said chapter as set forth
18
herein; and,
19
WHEREAS, the Council finds and determines that the amendments
20
to the Ordinance Code that are set forth herein, including the
21
addition
to
the
22
addition
of
definitions
23
expression
24
656.1303(a)(4), the addition of Section 656.1313 to allow temporary
25
directional
26
allow
27
656.1315
28
Section
656.1316
29
message
(viewpoint),
30
allowance of the substitution of a noncommercial message for a
signs
for
to
findings
in
weekend
set
in
Section
for
temporary
election
Section
656.1302,
the
signs,
the
temporary
election
allow
free
for
to
forth
provide
the
addition
signs,
of
the
expression
for
addition
-16-
of
signs
deletion
Section
addition
signs,
content
656.1301,
the
neutrality
656.1317
to
and
of
the
free
Section
656.1314
of
Section
addition
as
to
to
codify
of
sign
the
1
commercial message, the addition of Section 656.1318 to expressly
2
provide that there be no criminal penalties for a violation of Part
3
13 of Chapter 656, the addition of Section 656.1319 to provide for
4
severability, the addition of Section 111.786 to provide a Litter
5
Trust Fund, the modification of and addition to the definitions in
6
Chapter 741, and the addition of Sections 741.1307 through 741.1314
7
to Chapter 741, are consistent with all applicable policies of the
8
City of Jacksonville’s adopted Comprehensive Plan; and,
9
WHEREAS, the Council finds and determines that the foregoing
10
amendments will not be applied to the Beaches and the Town of
11
Baldwin; and,
12
13
WHEREAS, the Council finds and determines that the foregoing
amendments are not in conflict with the public interest; and,
14
WHEREAS, the Council finds and determines that the foregoing
15
amendments to Chapter 656, Zoning Code, as set forth herein, will
16
not result in incompatible land uses; now therefore
17
BE IT ORDAINED by the Council of the City of Jacksonville:
18
Section 1.
Section
656.1301(o)
Created.
Chapter
656
19
(Zoning Code), Part 13 (Sign Regulations) is amended to create a
20
new
21
determinations, and to read as follows:
subsection
656.1301(o),
22
CHAPTER 656.
23
*
24
25
adding
PART 13.
Sec. 656.1301.
*
additional
findings
and
ZONING CODE
*
SIGN REGULATIONS
Findings.
26
*
*
*
27
(o) The sign categories identified within Part 13 of Chapter
28
656 relate to the function of the sign; the sign categorizes are
29
tailored toward the sign function; the limitations on height, size,
30
number,
setback,
physical
characteristics
-17-
or
location
are
based
1
upon the sign type and the sign function; the regulation of sign
2
types
3
disagreement with the message conveyed; the regulation of signage
4
is not designed to regulate speech per se, but is a regulation of
5
the places where some speech may occur; and the regulations herein
6
are not concerned with a particular viewpoint and do not seek to
7
advance or prohibit any particular point of view on any specific
8
subject.
9
according
Section 2.
to
their
functions
are
not
because
of
any
Definitional Subsections 656.1302(dd) and (ee)
10
Created.
Chapter 656 (Zoning Code), Part 13 (Sign Regulations),
11
Section
12
subsections
13
for election signs and free expression signs, to read as follows:
14
Sec. 656.1302.
656.1302
(Definitions),
656.1302(dd)
and
is
amended
656.1302(ee),
to
create
providing
new
definitions
Definitions.
15
*
*
*
16
(dd) Temporary election sign means a temporary nonilluminated
17
sign, not in excess of four (4) square feet in size (area) per side
18
and the top of the sign is not more than six (6) feet off the
19
ground, that functions to communicate support for or opposition to
20
a candidate or stating a position regarding a ballot issue upon
21
which the voters of the City shall vote. In a commercial zoning
22
district
23
nonilluminated election sign may be increased from four (4) square
24
feet to sixteen (16) square feet.
the
maximum
size
(area)
per
side
of
a
temporary
25
(ee) Free expression sign means a nonilluminated sign, not in
26
excess of four (4) square feet in size (area) per side and the top
27
of the sign is not more than six (6) feet off the ground, that
28
functions to communicate information or views on matters of public
29
policy concern or containing any other noncommercial message, that
30
is otherwise lawful; provided, however, that in commercial zoning
-18-
1
districts, a free expression sign may also function to communicate
2
either a commercial message or a noncommercial message.
3
Section 3.
Section 656.1303 (Zoning limitations on signs)
4
Amended.
Chapter 656 (Zoning Code), Part 13 (Sign Regulations),
5
Section
6
delete
7
656.1303(a)(5) to be Section 656.1303(a)(4) as follows:
8
Sec. 656.1303.
656.1303
(Zoning
Section
limitations
656.1303(a)(4)
and
signs),
to
is
amended
renumber
to
Section
Zoning limitations on signs.
9
10
on
*
*
*
*
*
(a) Residential zoning districts:
11
*
12
(4) In addition to the signs permitted in subsection (a)(1)
13
and (2) of this Section, two nonilluminated noncommercial signs not
14
exceeding four square feet in area shall be permitted in RR and RLD
15
Districts.
16
17
(5)(4)
Roof
signs,
neon
signs,
changing
message
signs
and
strip lighting shall be prohibited.
18
Section 4.
Section
656.1313
(Temporary
directional
real
19
estate signs during weekends) Created.
20
Part
21
656.1313 (Temporary directional real estate signs during weekends)
22
to read as follows:
23
Sec.
24
weekends. Notwithstanding any other provision of this Chapter or
25
the
26
estates
27
following conditions and subject to the following limitations until
28
the Sunset Date identified below:
29
30
13
(Sign
656.1313
Ordinance
(a)
signs
Regulations)
Temporary
Code
to
during
Definition.
the
is
amended
directional
contrary,
weekends
A
Chapter 656 (Zoning Code),
are
temporary
to
real
create
estate
temporary
hereby
a
new
signs
during
directional
authorized
directional
Section
real
under
estate
real
the
sign
means a temporary nonilluminated sign that functions to provide
-19-
1
directions to residential real estate that is for sale, rent, or
2
lease and that meets the durational limitation, location, spacing,
3
proximity, size, height, setback, proximity and permitting criteria
4
set forth herein.
5
(b)
Durational
limitation.
The
placement
of
any
temporary
6
directional real estate sign allowed by this section is limited to
7
the forty-eight hour period between 3 p.m. Friday and 3 p.m. Sunday
8
(the weekend period).
9
10
(c)
Authorized locations. A temporary directional real estate
sign allowed by this section is limited to the following locations:
11
(1) The non-paved portion of the public right of way of
12
any City of Jacksonville roadway that is situated outside of
13
any sidewalk, ditch or drainway.
14
(2) Private property with the permission or consent of
15
property owner or lawful occupant of the property.
16
(d)
Prohibited locations. A temporary directional real estate
17
sign
otherwise
allowed
18
following locations:
by
this
section
is
prohibited
from
the
19
(1) The right-of-way of any portion of the State Highway
20
System or in violation of any state statute including but not
21
limited to Chapter 479, Florida Statutes.
22
23
24
(2) A location within 10 feet of a driveway intersection,
or within 25 feet of a roadway intersection.
(3)
A
public
right-of-way
location
that
adjoins
25
residential real estate without the permission of its owner or
26
lawful occupant.
27
28
29
(4) Within a locally designated historic district, sign
overlay zone, or designated scenic corridor.
(5) A location that obstructs a public sidewalk.
-20-
1
(e)
Spacing. A temporary directional real estate sign allowed
2
by this section shall be spaced at least 100 feet from any other
3
temporary directional real estate sign on the same side of the
4
road.
5
(f)
Proximity.
A
temporary
directional
real
estate
sign
6
allowed by this section shall be no further than 1 mile from the
7
residential real estate that is for sale, rent or lease and for
8
which the aforesaid sign serves to provide directional information.
9
(g)
Size. A temporary directional real estate sign allowed by
10
this section shall not exceed four (4) square feet in size per
11
side.
12
(h)
Height. A temporary directional real estate sign allowed
13
by this section shall not exceed three (3) feet in height above the
14
ground level.
15
(i)
16
Setback. A temporary directional real estate sign allowed
by this section shall meet the following setback requirements:
17
(1) If placed in the right-of-way, the sign shall be
18
placed at least 4 feet back from the edge of pavement or back
19
of curb, whichever is greater.
20
(2) If placed on private property, the sign shall be
21
placed at least 1 foot back from the edge of pavement or back
22
of curb, whichever is greater.
23
(j)
Abandoned property. A temporary directional real estate
24
sign, as defined herein, that is located on any qualifying public
25
property
26
authorized in this section, shall be deemed abandoned property,
27
litter and a snipe sign under Chapter 741 of the Ordinance Code.
28
Code enforcement officials are authorized to remove and dispose of
29
the same without notice or compensation to the owner thereof in
30
addition to the other remedies provided within Chapter 741 or any
or
right-of-way
outside
-21-
the
forty-eight
hour
period
1
other chapter of this Ordinance Code . This remedy is supplemental
2
to and without limiting the enforcement mechanisms and sanctions
3
elsewhere
authorized
4
Ordinance
Code.
5
violation of this Section and only civil remedies shall apply.
6
(k)
and
available
However,
no
under
criminal
this
penalty
Chapter
or
this
shall
arise
by
Permit. A person or entity seeking to utilize a temporary
7
directional real estate sign allowed by this section shall apply
8
with
9
Development Department, or its successor for, and pay a $100 fee
10
for, and receive a permit for each sign so utilized, using the
11
procedures set forth in section 320.402(d), Ordinance Code, and
12
forms approved by the Development Services Division, prior to the
13
placement of any such sign. Each permit shall be for one sign, for
14
a period of one (1) year or until this ordinance sunsets, whichever
15
period is shorter.
16
the
(l)
Development
Display
of
Services
Permit
Division
Number
and
of
the
Date
of
Planning
and
Issuance.
A
17
temporary directional real estate sign that is permitted hereunder
18
shall display on the sign the permit number and the date the permit
19
was issued.
20
(m)
Sunset.
The provisions of this section shall sunset and
21
expire on June 30, 2013 unless otherwise revised or extended by the
22
Council prior to that date. All permit rights under this section
23
are subject to sunset, repeal or amendment of this section, and no
24
vested rights shall arise from the issuance of a permit hereunder.
25
Section 5.
Section
656.1314
(Temporary
election
signs)
26
Created.
27
amended to create a new section 656.1314 (Election signs) to read
28
as follows:
29
Sec. 656.1314.
30
In
Chapter 656 (Zoning Code), Part 13 (Sign Regulations) is
Temporary election signs.
addition
to
other
allowed
-22-
sign
types
including
a
free
1
expression sign, one temporary election sign for each candidate and
2
each ballot issue may be displayed on a private lot. An election
3
sign may be displayed as an attached sign or as a freestanding
4
sign. If displayed as a freestanding sign, these signs shall be set
5
back from the right-of-way not less than ten feet. A temporary
6
election
7
following the election to which it pertains.
8
9
sign
shall
Section 6.
Created.
be
removed
Section
within
656.1315
seven
(Free
(7)
calendar
expression
days
signs)
Chapter 656 (Zoning Code), Part 13 (Sign Regulations) is
10
amended to create a new 656.1315 (Free expression signs) to read as
11
follows:
12
Sec. 656.1315.
13
Free expression signs.
In addition to other signs allowed, one free expression sign
14
may be displayed on a private lot.
15
from the right-of-way not less than ten feet.
16
Section 7.
Section
These signs shall be set back
656.1316
(Content
neutrality
as
to
17
sign message (viewpoint)) Created.
18
13 (Sign Regulations) is amended to create a new Section 656.1316
19
(Content neutrality as to sign message (viewpoint))
20
follows:
21
Sec. 656.1316 Content neutrality as to sign message (viewpoint).
22
Notwithstanding
23
Ordinance Code to the contrary, no sign or sign structure shall be
24
subject to any limitation based upon the content (viewpoint) of the
25
message contained on such sign or displayed on such sign structure.
26
Section 8.
any
other
Section
Chapter 656 (Zoning Code), Part
provision
of
656.1317
this
to read as
Chapter
or
(Substitution
the
of
27
noncommercial speech for commercial speech) Created.
28
(Zoning Code), Part 13 (Sign Regulations) is amended to create a
29
new
30
commercial speech) to read as follows:
Section
656.1338
(Substitution
-23-
of
noncommercial
Chapter 656
speech
for
1
Sec. 656.1317
Substitution of noncommercial speech for commercial
2
speech.
3
Ordinance Code to the contrary, any sign erected pursuant to the
4
provisions of this Chapter or the Ordinance Code with a commercial
5
message may, at the option of the owner, contain a noncommercial
6
message unrelated to the business located on the premises where the
7
sign is erected. The noncommercial message may occupy the entire
8
sign face or any portion thereof. The sign face may be changed from
9
commercial
Notwithstanding any other provision of this Chapter or the
to
noncommercial
messages,
or
from
one
noncommercial
10
message to another, as frequently as desired by the owner of the
11
sign, provided that the sign is not a prohibited sign or sign-type
12
and provided that the size, height, setback and other dimensional
13
criteria contained in this Chapter and Ordinance Code have been
14
satisfied.
15
Section 9.
Section
656.1318
(No
Criminal
Penalties)
16
Created.
17
amended to create a new Section 656.1318 (No Criminal Penalties) to
18
read as follows:
19
Sec. 656.1318. No Criminal Penalties.
20
penalty imposed for a violation of Part 13 of Chapter 656.
21
Chapter 656 (Zoning Code), Part 13 (Sign Regulations) is
Section 10.
Section
There shall be no criminal
656.1319
(Severability)
Created.
22
Chapter 656 (Zoning Code), Part 13 (Sign Regulations) is amended to
23
create a new Section 656.1319 (Severability) to read as follows:
24
Sec. 656.1319.
25
(a)
26
subparagraph,
27
Chapter or Part is declared unconstitutional by the valid judgment
28
or decree of any court of competent jurisdiction, the declaration
29
of
30
section,
such
Severability.
Generally.
If any part, section, subsection, paragraph,
sentence,
phrase,
unconstitutionality
subsection,
clause,
shall
paragraph,
not
term,
affect
subparagraph,
-24-
or
any
word
of
other
sentence,
this
part,
phrase,
1
clause, term, or word of this Chapter or Part.
2
(b)
Severability
where
less
speech
results.
Without
3
diminishing or limiting in any way the declaration of severability
4
set forth above, or elsewhere in this Section, Part, Chapter or
5
Ordinance Code, or any adopting ordinance, if any part, section,
6
subsection,
7
term, or word of this Chapter or Part is declared unconstitutional
8
by
9
jurisdiction, the declaration of such unconstitutionality shall not
the
paragraph,
valid
subparagraph,
judgment
any
of
12
Chapter
13
situation where there would be less speech, whether by subjecting
14
previously exempt signs to permitting or otherwise.
Part,
phrase,
even
Severability
if
such
of
subsection,
competent
subparagraph,
sentence,
section,
court
11
(c)
part,
of
clause,
affect
or
other
decree
phrase,
10
15
any
or
sentence,
clause,
term,
severability
provisions
or
word
would
pertaining
paragraph,
of
result
to
this
in
a
prohibited
16
signs.
17
of severability set forth above, or elsewhere in this Section,
18
Part, Chapter or Ordinance Code, or any adopting ordinance, if any
19
part,
20
phrase, clause, term, or word of this Chapter or Part or any other
21
law is declared unconstitutional by the valid judgment or decree of
22
any
23
unconstitutionality
24
subsection,
25
term, or word of this Chapter or Part that pertains to prohibited
26
signs, including specifically those signs and sign-types prohibited
27
and not allowed under this Part 13.
28
Without diminishing or limiting in any way the declaration
section,
court
of
subsection,
competent
Section 11.
jurisdiction,
shall
paragraph,
paragraph,
not
affect
subparagraph,
Creation
of
Trust
subparagraph,
the
any
declaration
other
sentence,
Account.
part,
phrase,
There
sentence,
of
such
section,
clause,
shall
be
29
created a new Section 111.786 (Litter Trust Fund), Ordinance Code,
30
to read as follows:
-25-
1
CHAPTER 111.
SPECIAL REVENUE AND TRUST ACCOUNTS
2
*
3
PART 7.
*
Sec. 111.786.
*
ENVIRONMENT AND CONSERVATION
4
5
*
*
*
Litter Trust Fund.
6
There is hereby created the Litter Trust Fund, a permanent
7
fund of the City, into which shall be deposited all monies derived
8
from
the
fines
collected
pursuant
9
Ordinance
Code,
resulting
from
to
the
Part
III,
Chapter
741,
of
citations
for
issuance
10
violations of Section 741.107.
11
shall not lapse at the end of any fiscal year and shall remain
12
available for expenditure, upon appropriation of the Council, for
13
the purposes and in the manner set forth herein.
14
Finance is authorized and directed to make disbursements from this
15
fund as follows:
16
(a)
a
The monies deposited in this fund
The Director of
Seventy percent of the fine monies shall be accounted for
17
in
separate
18
Transportation
19
public
20
litter-free pursuant to written criteria adopted by the JTA for
21
that purpose.
22
to
23
appropriation of the Council, upon written request of the Chief
24
Executive
25
documentation of costs incurred or to be incurred by JTA to keep
26
public bus stops and bus shelters well-maintained and litter-free.
27
At the end of each fiscal year, if the accrued and unexpended funds
28
exceed three hundred percent of the preceding fiscal year’s cost
29
for
30
maintained and litter-free, the excess funds over and above the
bus
make
subaccount
Authority
stops
and
be
(JTA)
public
utilized
for
the
sole
bus
shelters
by
the
Jacksonville
purpose
of
keeping
well-maintained
and
The Director of Finance is authorized and directed
disbursements
Officer
keeping
to
public
from
of
bus
the
this
subaccount
JTA
stops
and
-26-
to
accompanied
public
bus
the
by
JTA,
upon
satisfactory
shelters
well-
1
three
2
created by subsection (b), below.
3
hundred
(b)
percent
Thirty
shall
percent
be
of
transferred
the
fine
to
monies,
the
plus
subaccount
any
funds
4
transferred as provided in the last sentence of subsection (a),
5
above, shall be utilized for the administration of the enforcement
6
of Part III of Chapter 741 and to provide funds to conduct public
7
awareness
8
litter.
9
materials for enforcement of the litter ordinances and for public
10
awareness and education programs, (2) for paying employees hired to
11
enforce those ordinances, and (3) for expenses incurred in such
12
enforcement.
13
Municipal Code Compliance Division (or successor), or new employees
14
hired on a temporary hours or special purpose employee contract
15
basis, until such time as the Council may increase the employee cap
16
by further ordinance to create permanent positions for them.
17
Director
18
disbursements
19
written request of the Director of the Environmental and Compliance
20
Department for such purposes.
21
made, the funds shall be considered a part of the budget of the
22
Municipal Code Compliance Division (or successor).
23
Municipal
24
report annually to the Council concerning the utilization of these
25
funds,
26
education programs to advance zero-tolerance for litter that have
27
been administered, the status of enforcement efforts, and staffing
28
levels and needs.
and
education
programs
to
advance
zero-tolerance
for
The funds shall be expended exclusively (1) to purchase
Such employees shall be existing employees within the
of
Code
Finance
from
is
this
Compliance
including
therein
authorized
Fund,
upon
Council
directed
to
make
appropriation,
upon
To the extent that disbursements are
Division
the
and
The
(or
nature
-27-
successor)
of
public
The Chief of
shall
make
awareness
a
and
1
Section 12.
Chapter
2
Amended.
3
to read as follows:
(Zero
Tolerance
for
Litter)
Chapter 741 (Zero Tolerance for Litter) shall be amended
4
CHAPTER 741.
5
6
741
ZERO TOLERANCE FOR LITTER
PART I. GENERAL PROVISIONS
Sec. 741.101.
Findings, intent and purpose.
7
*
8
Sec.
9
terms or phrases in this Chapter.
10
741.102.
(a)
Definitions.
*
Litter.
The
*
following
definitions
apply
to
The term “litter” shall mean “litter” as defined
11
in the Florida Litter Law at F.S. § 403.413(2)(a), that is located
12
on public property, and shall include any artificial or manmade
13
object illegally placed within a public right-of-way or illegally
14
nailed, fastened or affixed to any tree, public utility pole, or
15
other object located on public property or within a public right-
16
of-way.
17
herein.
18
(b)
The term “litter” shall include “snipe sign” as defined
Zero-tolerance
for
litter”
for
litter.
shall
mean
The
the
phrase
“zero-
19
tolerance
20
policies and standards that, if implemented, will lead to public
21
property
22
(c)
23
policy
policy
establishment
of
being litter-free.
Litter-free.
The
term
“litter-free”
shall
mean
that
public property will be free of litter.
24
(d)
is
Snipe sign.
tacked,
The term “snipe sign” shall mean a sign
25
which
nailed,
posted,
26
attached or affixed to a tree on public property, to a public
27
utility pole, to a public utility box, to publicly-owned street
28
furniture such as a bench or shelter, to a public fence, or to any
29
other object on public property or within the public right of way,
-28-
pasted,
glued,
or
otherwise
1
except
2
property owner.
3
with
(e)
it
the
express
to
in
5
Jacksonville.
Section
8
9
2.101(g),
*
Sec.
741.103.
Sec. 741.104.
Sec. 741.105.
of
the
City
of
*
policy
*
*
*
*
*
*
*
Sec. 741.106.
for
litter;
minimum
*
*
Implementation dates.
*
*
*
PART III. ENFORCEMENT
Sec. 741.107. Violation of Zero-Tolerance for Litter Law.
(a) It shall be unlawful for a person to place, affix or
20
otherwise
21
property.
22
*
Code
Annual reporting requirements.
17
19
public
Funding.
16
18
the
standards.
14
15
Ordinance
Zero-tolerance
12
13
of
Part II. Policy, Funding, and Reporting
10
11
consent
The term “person” shall have the meaning given
6
7
or
See the example in Attachment A.
Person.
4
permission
(b)
dispose
The
of
placement
litter
of
as
a
defined
snipe
sign
in
on
741.102
public
on
public
property
is
23
transient in nature and is therefore irreparable. The adoption of
24
the prohibition directed to snipe signs on public property shall be
25
deemed
26
possession or control of the snipe sign and the person or business
27
who owns or is advertised or identified by name, address or other
28
contact
29
observation of the violation. The person or business who owns or is
30
advertised or identified on the sign shall be presumed to have
notice
of
information
the
on
violation.
the
sign
-29-
The
may
be
person
cited
or
business
immediately
in
upon
1
permitted
the
placement
of
the
snipe
sign
in
the
absence
of
2
evidence to the contrary. The term "transient in nature" shall mean
3
that a condition exists on a temporary, periodic, or non-permanent
4
basis. The term "irreparable" shall mean the condition is incapable
5
of being remedied, as the harm sought to be prevented has already
6
occurred.
7
(c) Violations of this Section shall be unlawful and deemed a
8
civil infraction, and shall be subject to the civil fines set forth
9
in this subsection. Each piece of litter or separate snipe sign
10
that a person illegally places on or affixes to public property in
11
violation of this Section shall be deemed a separate violation. The
12
schedule for civil fines for uncontested citations, which may be
13
imposed under this Part III, together with such attorneys’ fees and
14
costs as may be authorized by law, shall be as follows:
15
OFFENSE
FINE
1st
$ 50
2nd
$ 75
3rd
$125
4th
$250
5th
and
each
thereafter
$350
16
For contested citations, there may be imposed a civil fine of up to
17
$500 per citation, plus such attorneys’ fees and costs as may be
18
authorized
19
places a snipe sign on a public utility pole and the bottom of
20
which sign is at a height more than five feet above the prevailing
21
ground level immediately adjacent to the utility pole then such act
22
shall
be
by
law.
punishable
However,
with
an
if
a
person
uncontested
-30-
affixes
$350
or
civil
otherwise
fine
per
1
citation, plus such attorneys’ fees and costs as may be authorized
2
by law.
3
shall mean the finished grade of a parcel of land exclusive of any
4
filling, berming or mounding.
5
Sec. 741.108. Litter and snipe signs deemed abandoned property.
6
For purposes of this section, the term “ground level”
Any
litter
or
snipe
sign
placed
on
or
affixed
to
public
7
property or placed in the right-of-way, including but not limited
8
to
9
roadway, in violation of this Part III is hereby declared to be
10
abandoned property and is thereby subject to being removed by any
11
person, so long as such removal is accomplished in a safe and
12
peaceful manner.
13
person who removes such abandoned property to do so in a manner
14
that endangers any person, property or the safety of any other
15
person traveling on such roadway.
16
Sec. 741.109. Duties of Municipal Code Compliance Division Chief or
17
Designee.
18
public
(a)
property
The
and
rights-of-way
along
or
adjoining
any
Nothing herein shall be construed to permit any
Division
Chief
of
the
Municipal
Code
Compliance
19
Division (or successor) of the City of Jacksonville, or his or her
20
designee, shall have the duty to enforce Part III of Chapter 741
21
through
22
designee determines to be appropriate and (2) such members of the
23
public who are certified by the Division Chief or designee to issue
24
citations for violations of Chapter 741, Part III.
(1)
such
assigned
personnel
as
the
Division
Chief
or
25
(b) The certification to issue citations shall extend only to
26
those members of the public (1) who have received such training and
27
instruction for issuing citations hereunder as determined to be
28
appropriate by the Division Chief or designee, and (2) who satisfy
29
such criteria, if any, as may be established by the Office of
30
General Counsel.
No member of the public shall be certified unless
-31-
1
he or she is able to appear in court to provide testimony, if
2
necessary, in connection with any enforcement action involving a
3
citation
4
certification to any individual for any reason and at any time.
5
Sec. 741.110
6
that
The
he
or
she
may
sign.
The
City
may
revoke
Fines and penalties; procedures.
requirements
of
this
Part
III
shall
be
enforced
by
7
citation for civil fines
8
Part
action
for
9
injunctive relief, through a court of competent jurisdiction.
In
III
and
pursuant to the authority granted in this
Chapter
609,
Ordinance
Code
and
by
10
issuing citations, in addition to the procedures outline in Chapter
11
609, the following procedures shall also apply:
12
(a) A violation of the snipe sign prohibitions of this Chapter
13
shall
be
14
enforcement officer or any individual certified to issue a citation
15
for
16
“officer”).
a
documented
violation
of
by
a
Part
digital
III
photograph
of
this
taken
Chapter
by
a
code
(hereinafter
17
(b) An officer is authorized to issue a citation to a person
18
when, based upon personal investigation, the officer has reasonable
19
cause to believe that the person has committed the violation.
20
Sec. 741.111. County Court jurisdiction.
21
(a) The County Court in and for the Fourth Judicial Circuit
22
shall hear charges of code violations pursuant to the issuance of
23
citations.
24
(b) Any person so charged may contest the citation in the
25
County Court.
26
Sec. 741.112. Provisions supplemental.
27
The provisions of Part III of this Chapter 741 are additional
28
and supplemental means of enforcing the Ordinance Code and stand
29
alone
30
prohibit enforcement by any other means, including but not limited
ordinances.
Nothing
contained
-32-
in
this
Chapter
741
shall
1
to
the
enforcement
methods
and
penalties
authorized
by
F.S.
§
2
162.22 or other means of enforcement provided for in this Ordinance
3
Code; provided, however, no criminal penalty shall be applicable to
4
the placement of a snipe sign on public property.
5
Sec. 741.113. Distribution of fines.
6
All fines collected for violation of Part III of this Chapter
7
shall be deposited in the Litter Trust Fund established by Section
8
111.786, Ordinance Code, and distributed as provided therein.
9
Sec. 741.114. Annual reporting requirements.
10
(a) Within sixty days following the end of each fiscal year,
11
the Jacksonville Transportation Authority shall provide an annual
12
report to the City of Jacksonville of the preceding fiscal year’s
13
cost for keeping public bus stops and public bus shelters well-
14
maintained, in good repair and litter-free.
15
(b) Within sixty days following the end of each fiscal year,
16
the Division Chief of the Municipal Code Compliance Division (or
17
successor) shall provide the City Council with a report of the
18
number of citations issued during the preceding fiscal year, the
19
total fines assessed during the preceding fiscal year, and the
20
total fines collected for each preceding fiscal year. The report
21
shall include the disposition of the fines collected by the City of
22
Jacksonville.
23
Section 13.
Severability.
It is the specific intent of
24
the Council that in the event that any portion of this ordinance,
25
including any portion of any section or subsection, is declared
26
invalid, unenforceable, unconstitutional or void, or is permanently
27
enjoined, or if the existence of any provision of this ordinance
28
would result in any other portion of Chapter 111, Chapter 326,
29
Chapter 656, Chapter 741, or Article 23 of the Charter being held
30
to be invalid, unenforceable, unconstitutional or void, and the
-33-
1
court does not sever such invalid portion of this ordinance, then
2
the invalid portion of this ordinance is repealed and invalid and
3
thereafter no signs of the type included within this ordinance
4
shall
5
applicable Chapter of the Ordinance Code or Article of the Charter.
6
It is the specific intent that the invalidity of any portion of
7
this
8
paragraph,
9
Chapter 111, Chapter 326, Chapter 656, Chapter 741, Article 23 of
10
11
be
erected
ordinance
without
shall
not
subparagraph,
compliance
affect
with
any
sentence,
other
the
remainder
section,
phrase,
clause
of
the
subsection,
or
word
of
the Charter, or the Jacksonville Ordinance Code.
Section 14.
Effective Date.
This Ordinance shall become
12
effective upon signature by the Mayor or upon becoming effective
13
without the Mayor's signature.
14
15
Form Approved:
16
17
18
/s/
Steven E. Rohan_________
Prepared by: Steven E. Rohan and William D. Brinton
19
20
G:\SHARED\LEGIS.CC\2010\sub\2010-253 Brinton 5.18.10 SER3 Format.DOC
21
22
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