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Miami
A
Picture of Approval
City of
Miami passes embattled mural ordinance on first reading
By Angie Hargot
In a bittersweet resolution, the battle over mural advertisements
in the city of
Miami
— one fought on several fronts by lobbyists, activists, residents
and the city — is nearing an end.
“We were the wild west of murals,” said Commissioner Joe Sanchez.
It may soon be tamed.
The City Commission passed an ordinance on first reading March 13
to regulate the ads within the city. After nearly three years of
debating, drafting and redrafting the measure — and a bit of legal
meandering — the commission agreed to allow outdoor advertising
companies to legally display murals on buildings in the city,
under some arguably stringent guidelines. The commissioners could
make its final determination as soon as March 27.
If it is approved, a maximum of 35 murals will be permitted in the
city at one time, with no more than 20 in any one commission
district. Companies will be selected through a lottery process.
Murals may only be illuminated from
6 p.m.
to
midnight and no mural will be permitted within 300 feet
of another mural or a residential property, or within 100 feet of
a single-family home. Only one mural will be allowed on the side
of a building and it cannot cover more than 10,000 square feet. No
more than 15 percent of the advertisement can be text. A mural
size would be capped at 80 percent of a blank wall, or 33 percent
if the mural covers windows.
A mural-free zone, excepting public service announcements, will be
established around the
Adrienne
Arsht Center for the Performing Arts. The ordinance will not apply
to federal buildings.
Applicants will be required to submit a nonrefundable $500
prequalification fee, a $10,000 qualification fee, a $500,000 bond
and proof of public liability insurance of $3 million. Applicants
must also have at least five years’ outdoor advertising experience
and gross business revenue of at least $2 million.
No person or business will be able to apply for a permit if they
have displayed a mural within 45 days. Plus, applicants that have
received a mural violation in the last five years must pay three
times the application fee, only $10,000 of which will be
refundable if their application is denied.
The ordinance prohibits adult content and stipulates that changes
to an ad will require an additional $6,000 permit and be limited
to four changes per year. The murals would have to be taken down
within 24 hours of a hurricane warning.
Violations will cost the offending company $1,000 per day.
Proceeds from the fees, estimated to earn the city at least $4,000
per month, will be distributed to fund city projects — 25 percent
to the City Arts and Entertainment Trust, 25 percent to the
Mayor’s Poverty Initiative for feeding programs for senior
citizens, and the rest to the City Parks and Open Space Trust Fund
for new parkland acquisitions and green space enhancements.
Lobbying on behalf of outdoor advertising giant Fuel Outdoor,
attorney Lucia Dougherty thanked commissioners for their hard work
and expressed a tinge of discontent with the ordinance.
The ordinance “does give you the largest fees of anywhere in the
country and the smallest geographic region,” Dougherty said.
Lobbyist Rosario Kennedy quoted former British Prime Minister
Benjamin Disraeli about the trials and tribulations that went into
crafting the ordinance.
“Legislation is like sausage,” Kennedy said. “It should not be
seen in the making.”
Several other lobbyists expressed a mix of support and discontent
and suggested a few housekeeping items for the city attorney
before the item’s second reading.
“The fees you’re charging are a little exorbitant,” said Gil Terem,
owner of the building at
1035 N. Miami Ave., which sports a mural advertisement.
Barbara Bisno, a
Miami resident who has been outspoken about the need for mural
regulation, asked commissioners to add a requirement that
neighboring residents be notified before murals are constructed.
However, Commissioner Marc Sarnoff warned against possible
infringement upon First Amendment rights.
“You’re getting into a free speech argument,” Sarnoff said, “which
is not something this city can afford against these companies with
this kind of money.”
After some discussion, the commission voted unanimously to move the
item forward.
“If it was up to me, there would be no murals in the city,” said
Sarnoff, who was instrumental in the crafting of the ordinance.
“But at the end of the day, I think we made sausage.”
The next commission meeting is scheduled March 27.
Comments? E-mail
angie@miamisunpost.com
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