Miami’s LED billboards not allowed under Miami-Dade sign laws, county attorney says – Miami Herald

The new LED billboards authorized by the city of Miami, as well as proposed digital ads on the Gusman theater downtown, violate Miami-Dade laws that restrict electronic outdoor advertising, County Attorney Robert Cuevas has concluded in a newly issued memo.

Cuevas’ memo, drafted at the request of Miami-Dade Commissioner Barbara Jordan, also confirms a previous county warning that the Miami Heat is violating the county sign law by showing ads on the digital mesh at the county-owned AmericanAirlines Arena for products and services not sold at the facility.

The comprehensive legal opinion provides new ammunition to billboard opponents who have long argued that city officials are flouting county law — which applies to municipalities as well as unincorporated areas — by authorizing revenue-producing LED billboards under a money-making agreement with ClearChannel. The city also approved the arena sign at the Heat’s request.

Cuevas’ memo leaves the enforcement up to Miami-Dade Mayor Carlos Gimenez and the County Commission. But the elected officials have been reluctant to intervene in the past. Other municipalities, including Doral and West Miami, have also permitted LED billboards. The legal opinion says the county has the power to fine ClearChannel and other sign companies for improper billboards.

Jordan did not respond to a request for comment. Neither did Gimenez, who as a commissioner publicly questioned the ads on the arena billboard.

Cuevas’ memo contradicts the legal argument used by city attorney Julie Bru and Miami commissioners to justify permitting the LED billboards. Bru contends the County Commission allowed the city to “opt out’’ of the sign rules. But Cuevas said the opt-out was limited to certain spacing provisions along highways.

Leaders of Scenic Miami, a group that opposes billboards, said they will use Cuevas’ opinion to attempt to persuade city commissioners to reconsider proposals to install LED billboards on the Gusman, the Knight Convention Center and the Miami Children’s Museum. Commissioners approved the measure on first reading, also incorporating an amendment that would allow LED billboards in parks.

Under longstanding county policy, municipalities must enforce a comprehensive, countywide sign ordinance that governs outdoor ads. Cities can pass more restrictive rules, but cannot ease county regulations.

A set of 1985 county rules sharply restricts the location and uses of electronic ads. Among other restrictions, the rules say electronic signs can be placed only on properties larger than 10 acres, and then must advertise only businesses, goods and services available on that property.