Dania Beach ORDINANCE NO. 2023-008
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 2, OF THE CITY CODE OF ORDINANCES, ENTITLED "ADMINISTRATION" AT ARTICLE V, ENTITLED "RESERVED" BY AMENDING THE ARTICLE NAME TO "NAMING OF CITY FACILITIES", AND CREATING SECTION 2-101,
ENTITLED "NAMING OF CITY OWNED FACILITIES" PROVIDING THE AUTHORITY TO THE CITY COMMISSION TO NAME OR RENAME CITY OWNED FACILITIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission desire to create a process for naming or renaming City owned facilities within the City of Dania Beach; and
WHEREAS, it is in the City's best interests to create a process that is consistent with best practices, and takes into consideration various factors to ensure that the naming or renaming of a facility, a room, a park, etc., is appropriate for the City; and
WHEREAS, the City desires to create Section 2-101 of the City Code of Ordinances to document the City's process for naming of facilities;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA:
Section 1. That the preceding "WHEREAS" clauses are ratified and incorporated as a record ofthe legislative intent ofthis Ordinance.
Section 2 That Chapter 2 of the City Code of Ordinances, which Chapter is entitled
"Administration", at Article V, entitled "Reserved", at section 2-101, is created to read as follows:
CHAPTER 2
ADMINISTRATION ARTICLE V - NAMING OF CITY FACILITIES
(a) Intent.
The City of Dania Beach shall be responsible for the naming/renaming of all City-owned facilities. Nothing in this section shall prohibit the City Manager, Mayor/Commission members, a community group, or a resident from recommending a facility be named or renamed on behalf of an individual: provided that the criteria in this Code provision are met. The provisions of this Code shall be the exclusive process for naming a structure, an interior room, a park, a facility, a field, a monument, etc. (collectively= "a facility").
A corporate sponsor for a facility naming right would be required to provide funding to the City, which funding would be utilized to fund the costs associated with the naming and used to maintain the Any surplus funds would be utilized for a public purpose and deposited in the general fund and designated for special projects in the City. Actual physical or other naming/renaming measures for a comporate sponsor, including signage changes, shall not be performed by the City until such the maintenance costs and funding to the City, as determined by the City Manager's Office, are paid to the City. The corporate sponsor would enter into a naming rights facility agreement, which agreement would provide the corporate sponsor the exclusive right to name a property, location, or event for a set period, ordinarily for a 10 year exclusive period.
(b) Eligibility for Naming/Renaming of a structure, interior room. park, facility. monument or building (collectively "facility"):
1. City elected officials;
2. City elected officials who have completed their full-term limit, made a significant contribution to the City and/or becoming elected to a higher office;
3. City employees that have made significant contributions to the and separated from full-time employment in good standing;
4. Persons making a significant contribution to the City over a period of years can be considered with a written request made to the Director of Parks and Recreation;
5. Names of existing facilities shall not be duplicated;
6. Every effort shall be made to avoid naming conflicts with neighboring municipalities;
7. Where the name of an individual is used, approval shall be obtained from the individual or the next of kin prior to using the name;
8. In making the decision to utilize a name, the City Commission must take into consideration whether or not the name requested is perceived to be immoral or offensive to a portion ofthe City' s citizenry;
9. Whether or not the applicant has met the requirements referenced in this Code and have the support of surrounding property owners;
10. If named after a corporation: the colporation, or other non-natural person, must have a reputation without a criminal, fraudulent, immoral or an offensive history. See additional requirements for corporate naming request2 under subsection (a).
11. Recommendations for the naming of a facility are encouraged to reflect community members who have made substantial contributions over a period of years to the City by volunteering services (athletics or other), serving on boards/committees, Commissions, past employees, and Civic organizations.
12. The naming of facilities can be offered to the City Commission by the league or organized group that the person served within and to name a specific facility utilized by the league or organized goup.
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(c) Notification of Proposed Naming or Renaming.
1. The Parks, Recreation and Community Affairs Advisory Board shall issue an advisory recommendation to the City Commission. The Advisory Board meeting shall not be required to be advertised or noticed in a paper of general circulation, however; the Advisory Board meeting shall be posted on the City's website and bulletin board at least 48 hours prior to the meeting.
2. Mail notification of a naming or renaming public hearing request before the City Commission shall issue to all property owners within 1 000 feet-eæ--e-)-mile-ofthe facility. All notices, including mailed notice, posting, and newspaper advertising in a paper of general circulation shall issue 30 days before the public hearing on the request. The notice shall include a picture of the facilit% the address of the facility, and the proposed name/rename to be considered. The notice shall contain the date, time and location for the public hearing, and advise the public that a public hearing will be held which would allow the public to provide input on the name request.
(d) Review and Approval of request.
1. Requests for Naming/Renaming of a facility must be submitted in writing to the Director of Parks and Recreation. All individuals and organizations requesting for namin renamin a facili must submit a Ci of Dania Beach Namin [Renamin Application.
2. These requests will be reviewed by the Parks, Recreation And Community Affairs Advisory Board prior to transmission to the City Commission. The decision of the Board shall be advisory only and shall be submitted to the City of Dania Beach City_ Commission for a Final Determination.
3. The individual whose name is being considered must pass a "Level 2" backgr_ound check. Staff would be required to submit the Level 2 background check to Human Resources to complete prior to action by the Advisory Board.
4. Any person, not-for-profit organization, or commercial establishment/corporation to be recognized by the naming, must be in good standing in the community at the time of final approval of same by the ciW commission and if, after the naming, the person recognized, or the principal(s) of the not-for-profit commercial establishment recognized are subsequently convicted or adjudicated guilty of a felony, the naming shall be subject to removal by the City Commission, without a public hearing. In addition, the city commission may approve the removal of the name from a facility at a public hearing if said person: not-for-profit organization, or commercial establishment is no longer in good standing in the community_. In either case, neither the ciw_, nor any of its officers, employ_ees, contractors, or agents, shall have any liability to the person, not-for-profit organization, or commercial establishment recognized by_ the naming or to the principal(s) of such not-for-profit organization or commercial establishment (including, without limitation, if such person or principal(s) are deceased, his/her heirs, relatives, successors, or assigns), and/or any other party(ies) for any costs or claims resulting from such removal (and including: without limitation, reimbursement of any costs incurred for design, fabrication, installation, and/or maintenance of the street sign, if applicable).
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5. The bankruptcy of a corporate sponsor, or the take over of a corporate sponsor resulting in the renaming of the corporate sponsor shall be reasons the City Commission may remove a corporate sponsor's name from a facility early.
(5) Final Determination. The City Commission shall make a final detemmination whether to grant or deny_ an application to name a facili_ty. In doing so. the City Commission shall have absolute discretion for naming a City facility and shall enact a resolution, after public hearing determining whether the naming or renaming request is approved. Final approval shall require a—3Æ-4/5 vote for an initial naming request.
(6) No Waiver of Guidelines. The shall not consider a waiver of any poltion of these guidelines.
(7) Automatic Denials.
(i) The individual after whom the is to be named or renamed had been convicted for a felony or any crime involving moral turpitude or had pending charges of a felony on any crime involving moral tutpitude at the time of his or her death.
(ii) The colporation or other non-natural person after which the facility is to be named or renamed must have a reputation (and its officers and representatives) without a felony criminal: fraudulent, immoral or offensive history.
(iv) Failure to pass a Level 2 background check.
(v) Discriminatory or antisemitic (anti any religious, racial or ethnic) name or reference.
(vi) No name shall be permitted which includes the name of any company selling the following types of products: guns, tobacco, marijuana, vaping products or sexual products.
(8) No appeal rights. The decision is not a quasi-judicial matter and does not affect personal property rights. As such, the decision to name or rename a facili_ty is not appealable and within the inherent discretionary authority of the City Commission.
(e) Implementation of a Naming Decision:
1. The named facility shall be displayed with proper signage and identified by its full name in oral and written communications.
2. All signage must be approved by Community Development or which shall determine the size and location of signage.
3. A brief biographical excerpt from the individual's accomplishments should be exhibited in a prominent place within the facility. A recognition plaque shall also be required.
4. Should a donation be made on behalf of the naming right, or a corporate sponsor identified with funding, a designated fund may be established by the Finance Department for the maintenance of signage.
(f) Duration of Naming Privilege:
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1. The Corporate Sponsor duration of a naming rights shall be for an initial period often (10) years from the date of installation of signage. And, may be extended for funher 10 year periods. Additionally: for a corporate sponsor, the City Commission can negotiate a longer naming right period dependent upon the corporate, organizational sponsor's fttnding contribution to the City. Renaming of a Corporate Sponsor may occur earlier if the facility name is no longer in line with the
criteria and guidelines of subsection as to the colporate sponsor's principals and
management, or the corporate/organizational name utilized demeans the City in any way.
2. The renaming of facilities named after an individual person is strongly discouraged. However, the City_ Commission may choose to rename an existing facility if the facility name is no longer in line with the criteria and guidelines and/or demeans the City in any way, or if any of the conditions in subsection (d)(7) are impacted. If subsection (d)(7) is impacted, the City Commission can remove the name from the facility by a 3/5 vote. However, these conditions are not met, then a renaming would require a 4/5 vote of the City_ Commission to rename the facility.
(g) Termination:
(1) The City reserves the right to revoke any previously approved naming in the event information comes to light that detracts from the rationale used to justify the naming. See section (D above.
(2) The City reserves the right to revoke any previously approved naming if the person subject to the naming privilege is subsequently convicted of a felony offense or any of the provisions of subsection (d)(7), above, would now apply to the name.
(3) If the naming rights are revoked then any donations or other money provided to the City to maintain, repair, or replace that sign shall be used to remove the signage and return the City property into its original condition. All remaining money may be retained by the City for its own use.
(4) Cross-reference with subsection (f) above as to naming and renaming conditions.
Res. 2-1042 2-118.
Section 4. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity ofthe remaining portions of this Ordinance.
Section 5. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed to the extent of such conflict.
ORDINANCE
Section 6. That this Ordinance shall be effective immediately upon its passage and adoption on second reading.
PASSED on first reading on March 28, 2023.
PASSED AND ADOPTED on second reading on May 9, 2023.
ATTEST:
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
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