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HomeMy WebLinkAboutOrdinance 2025-4785 ORDINANCE NO. 2025-4785 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 106 OF THE CITY CODE, ENTITLED "TRAFFIC AND VEHICLES," BY AMENDING ARTICLE III, ENTITLED "OFF-STREET PARKING LOTS AND FACILITIES," BY AMENDING SECTION 106-118, ENTITLED "PRIVATE PROPERTY USED FOR MOTOR VEHICLE PARKING; SIGNAGE REQUIRED; PENALTIES," BY AMENDING, SUPPLEMENTING, AND ENHANCING THE SIGNAGE REQUIREMENTS APPLICABLE TO OWNERS AND OPERATORS OF PRIVATE PROPERTY WHEN SUCH PROPERTY IS OPEN TO THE PUBLIC FOR PAID MOTOR VEHICLE PARKING; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City Administration, along with the Mayor and City Commission, have continued to receive complaints from members of the public concerning private parking lots that may appear to be, or be reasonably mistaken for, public or City-owned property; and WHEREAS, members of the public who park in such private lots or facilities without clear knowledge that they are on private property are subject to towing and/or heavy penalties, which can be a major inconvenience, an unexpected expense, and a distressing experience; and WHEREAS, the potential for such confusion is especially burdensome for parents with strollers or young children and for people with disabilities, for whom the towing of a vehicle poses heightened practical and personal hardship; and WHEREAS, the purpose of this ordinance is to further ensure that private properties open to the public for paid motor vehicle parking are clearly and unequivocally identified as such through the prominent posting of additional signage in order to avoid any uncertainty or confusion. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Section 106-118 of Article III of Chapter 106 of the Miami Beach City Code is hereby amended as follows: CHAPTER 106 TRAFFIC AND VEHICLES ARTICLE III. OFF-STREET PARKING LOTS AND FACILITIES * * * Sec. 106-118. Private property used for motor vehicle parking; signage required; penalties. (a) Every owner or operator of a private property that is open to the public for paid motor vehicle parking shall place signage, including stickers, to be ffevicied produced by the City and provided to the private property owners and operators upon p-yment_of_the City's administrative cost of production as specified in Appendix A of the city code stating that the property is private property and is not a public parking facility operated by a governmental entity. Such signage and stickers shall be installed entirely on private property as set forth in subsections (a)(1), (a)(2), and (c) herein. (1) A sign structure with the required signage shall be prominently placed and permanently installed at each driveway access or curb cut allowing vehicular access to the property within 5 feet from the public right-of-way line, with the bottom of each sign not Iecc than /1 feat above ground level and the top of each sign not more than 10 feet above ground level installed at typical driver eye level (approximately four feet above ground level), and each such required sign shall be unobstructed, legible and clearly visible to motor vehicle operators entering the property. (2) A sticker, clearly and legibly identifying the lot or facility as private property, shall be prominently affixed to the front of every sign displaying any payment information and to the front of every pay-on-foot meter located within the private property. (b) The signage and stickers required by subsections (a)(1), (a)(2), and (c) herein, which shall be in a form approved by the Mayor and City Commission pursuant to duly enacted resolution, shall be in addition to any signs or notices required pursuant to Fla. Stat. § 715.07, Fla. Stat. § 715.075, County Code section 30-474, or any other provision of law. (c) Any owner or operator that fails to comply with the requirements of this section shall be cited $250.00 per day for each subsequent violation. At the head of every parking space designated for use by a disabled person, as commonly marked with blue striping and/or signaqe, the owner or operator of a private property that is open to the public for paid motor vehicle parking shall install a sign, at typical driver eye level, which clearly, legibly, and prominently states the following: PRIVATE PROPERTY — PAYMENT REQUIRED — TOW AWAY ZONE— DISABLED PERMITS NOT ACCEPTED IN LIEU OF PAYMENT. This sign shall be in addition to any signs or notices required pursuant to Fla. Stat. § 553.5041(6) or any other provision of law. (d) Any owner or operator that fails to comply with the requirements of this section shall be cited by the City's code compliance department and fined $100.00 per sign or sticker per day for a first violation and $250.00 per sign or sticker per day for each subsequent violation. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. 2 Exhibit "A" FEE SCHEDULE Pursuant to section 1-15 of this Code, this appendix includes all fees and charges established by the city commission that are referred to in the indicated sections of the Code of Ordinances. Certain specified fees and charges, as identified herein, shall be subject to annual adjustment by the city manager, pursuant to the provisions of section 1-15 and this Appendix "A". A schedule of all current city fees and charges as set forth in Appendix "A" shall be maintained on the City's website. Section of Description FY 2025 Fee Annual this Code Adjustment (References shown are defined at the end of this Appendix A) 106-101(2) Construction Parking Management Plan Fee 171.00 [A] * * * Article Ill. Off-Street Parking Lots and Facilities 106- 18x24 Signs for Vehicular Access Entry Points 39.43 131 118(a)(1) 106- 3x3 Private Lot Towing Enforced Sticker 4.99 jl3 118(a)(2) 106-118(c) 12x18 Additional Signs for ADA Parking Spaces 27.47 jJ Chapter 110. Utilities Article II. Water Division 1. Generally 110-39(e) Meter test fees: (if meter found to be working properly) Up to 1 inch 69.00 1.5 to 2 inches 136.00 {Al 3 inches and greater 366.00 JAJ 2nd Request within a 12-month period Up to 1 inch 102.00 [A] 1.5 to 2 inches 169.0.0 [Al 3 inches and greater 399.00 JAI 4 SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 5. EFFECTIVE DATE. / � This Ordinance shall take effect the .27 7�day of IGl14 &✓ , 2025. ATTEST: teven Meiner, Mayor DEC 2 2 2025 _` %i✓iryc, Rafael E. Granado, City Clerk Underline denotes additions. IH% DP.TED Double underline denotes additions after first reading. H2h,.. denotes deletions after first reading. (Sponsored by Commissioner Alex J. Fernandez) Co-Sponsored by Commissioner Tanya K.Bhatt Co-Sponsored by Commissioner Laura Dominguez APPROVED AS TO Co-Sponsored by Commissioner Joseph Magazine FORM & LANGUAGE & FOR EXECUTION Co-Sponsored by Mayor Steven Meiner I fOIZZ� ZoZg— Co-Sponsored by Commissioner David Suarez city Attorney Co-Sponsored by Commissioner Monica Matteo-Salinas 3 Ordinances - R5 L MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: City Attorney Ricardo J. Dopico DATE: December 17, 2025 10:25 a.m. Second Reading Public Hearing TITLE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 106 OF THE CITY CODE, ENTITLED 'TRAFFIC AND VEHICLES," BY AMENDING ARTICLE III, ENTITLED "OFF-STREET PARKING LOTS AND FACILITIES," BY AMENDING SECTION 106- 118, ENTITLED 'PRIVATE PROPERTY USED FOR MOTOR VEHICLE PARKING; SIGNAGE REQUIRED; PENALTIES," BY AMENDING, SUPPLEMENTING, AND ENHANCING THE SIGNAGE REQUIREMENTS APPLICABLE TO OWNERS AND OPERATORS OF PRIVATE PROPERTY WHEN SUCH PROPERTY IS OPEN TO THE PUBLIC FOR PAID MOTOR VEHICLE PARKING; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. RECOMMENDATION BACKGROUND/HISTORY ANALYSIS The proposed Ordinance, sponsored by Commissioner Alex Fernandez, has been submitted for consideration by the Mayor and City Commission. Despite originally enacting section 106-118 of the City Code in December 2024, the City Administration, along with the Mayor and City Commission, have continued to receive complaints from members of the public concerning private parking lots that may appear to be, or be reasonably mistaken for, public or City-owned property. Consequently, members of the public who park in private lots or facilities without clear knowledge that they are on private property are subject to towing and/or heavy penalties, which can be a major inconvenience, an unexpected expense, and a distressing experience. Moreover, the potential for such confusion is especially burdensome for parents with strollers or young children and for people with disabilities, for whom the towing of a vehicle poses heightened practical and personal hardship. Accordingly, the proposed Ordinance aims to further ensure that private properties open to the public for paid motor vehicle parking are clearly and unequivocally identified as such through the prominent posting of additional signage in order to avoid any uncertainty or confusion. In an attempt to do so, the proposed Ordinance would impose the following requirements upon owners and operators of private properties open to the public for paid motor vehicle parking: the installation on the private property, at typical driver eye-level, "Private Property" signage at each driveway access or curb cut allowing vehicular access to the property; the affixing of stickers, which clearly identify the lot or facility as private property, to the front of every sign displaying any 2163 of 3458 payment information and to the front of every pay-on-foot meter located within the private property; and requiring the owner or operator to install at the head of every parking space designated for use by a disabled person, at typical driver eye-level, a sign which clearly, legibly, and prominently states the following: PRIVATE PROPERTY - PAYMENT REQUIRED - TOW AWAY ZONE - DISABLED PERMITS NOT ACCEPTED IN LIEU OF PAYMENT. The proposed Ordinance has been amended after first reading to clarify that signage must be unobstructed and clearly visible, in addition to adding that .,ll required signage and stickers will be produced by the City and provided to private parking lot owners and operators upon payment of the City's administrative cost of production as specified in Appendix A of the City Code. The proposed Ordinance has also been amended to clarify that any owner or operator that fails to comply with the requirements of the Ordinance shall be cited and fined $100 per sign or sticker per day for a first violation and $250 per sign or sticker per day for each subsequent violation. FISCAL IMPACT STATEMENT The sponsor of this item requests that the Administration be prepared to address the fiscal impact of this proposed measure, if any, at the City Commission meeting. Does this Ordinance require a Business Impact Estimate? Yes (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE) was published on: 10/10/2025 See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/ FINANCIAL INFORMATION CONCLUSION Applicable Area Citywide Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond pursuant to City Code Section 2-17? Project? No No Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No If so, specify the name of lobbyist(s) and principal(s): Department City Attorney 2164 of 3458 Sponsor(s) Commissioner Alex Fernandez Co-sponsor(s) Commissioner Tanya K. Bhatt Commissioner Laura Dominguez Commissioner Joseph Magazine Mayor Steven Meiner Commissioner David Suarez Condensed Title 10:25 a.m. 2nd Rdg, Private Paid Parking Lot Signage. (AF/TB/LD/JM/SM/DS) CA Previous Action (For City Clerk Use Only) First Reading Public Hearing on 9/17/2025 - R5 T 2165 of 3458