HomeMy WebLinkAboutOrdinance 2026-4819Freight and Commercial Loading Ordinance
ORDINANCE NO. 2026-4819
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
106 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED
"TRAFFIC AND VEHICLES," ARTICLE II, ENTITLED "METERED
PARKING," DIVISION 1, ENTITLED "GENERALLY," SECTION
106-47 THEREOF, ENTITLED "FREIGHT, COMMERCIAL, AND
PASSENGER CURB LOADING ZONES; HOURS; DELIVERIES,"
TO MODIFY AND CLARIFY REQUIREMENTS APPLICABLE TO
THE USE OF FREIGHT, COMMERCIAL, AND PASSENGER
LOADING ZONES; AND PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission desire to promote public safety, the
unimpeded traffic flow, and the efficient use of freight, commercial, and passenger curb loading
zones throughout the City of Miami Beach ("City"); and
WHEREAS, illegal freight and commercial loading activities have negatively impacted
traffic operations, pedestrian safety, and local businesses throughout the City; and
WHEREAS, in order to deter violations of curb loading restrictions, the Mayor and City
Commission find it necessary to increase the penalties for illegal freight and commercial loading
occurring within and outside of designated curb loading zones; and
WHEREAS, the Mayor and City Commission further find that allowing the Special
Magistrate to recover administrative and enforcement costs from violators adjudicated of guilt
under the City's curb loading ordinance will strengthen compliance and more fairly allocate the
costs associated with enforcement; and
WHEREAS, the below amendments are necessary to accomplish all of the above
objectives.
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 106-47 of Chapter 106 of the Miami Beach City Code is hereby
amended as follows:
CHAPTER 106
TRAFFIC AND VEHICLES
ARTICLE II. METERED PARKING
DIVISION 1. GENERALLY
Sec. 106-47. Freight, commercial, and passenger curb loading zones; hours, deliveries.
(a) Authorization. The city manager or his their designee is hereby authorized to designate
any street freight, commercial, and passenger curb loading zones as permissible
automobile parking areas during such hours as such officials, in their discretion, may
direct subject to the following conditions. Notwithstanding anything in this article to the
contrary. all freight and commercial loading zones shall be in effect Monday through
Saturday, from 7:00 a.m. to 3:00 p.m. The maximum allowable time to park in a freight or
commercial loading zone is 30 minutes. All freight and commercial loading zones existing
within the city as of the effective date of this ordinance are hereby adopted and designated
s freight and commercial loading zones. The creation of a new freight or commercial
loading zone, or elimination of an existing freight or commercial loading zone. shall be_
accomplished by resolution of the city commission.
(c) Civil fine for violators. The following civil fines shall be imposed for a violation of this
section:
(1) Firs+�nse:+$1,000.00 for a first offense;
(2) �n ( �'eGnn�cr, ffeRithiR one dear of the fircf Offence): $150 nn $5,000.00 for a
second or sub"sea�uent offense occurrina within one vear of the first offense: and
(/1) Fo Fth or mere effe RSeS (within Ono year of the firc4 Offence): $600 nn $15,000.00
�) for any violation if the special magistrate finds the violation to be irreparable or
irreversible in nature. For purposes of this subsection the special magistrate may
consider, in determining whether an irreparable or irreversible violation has
occurred, whether a violator has caused a lane of travel to be obstructed, resulting
in any diversion of or impediment to the flow of traffic. An irreparable or irreversible
violation shall not include a momentary obstruction due to the violator entering or
exiting the curb loading space.
(e) Rights of violators; payment of fine; right to appear; failure to pay civil fine or to appeal.
(1) A violator who has been served with a notice of violation shall elect either to:
a. Pay the civil fine in the manner indicated on the notice of violation; or
b. Request an administrative hearing before a special magistrate to appeal
the notice of violation within ten days of the issuance of the notice of
violation.
(2) The procedures for appeal by administrative hearing of the notice of violation shall
be as set forth in sections 30-72 and 30-73.
(3) If the named violator after notice fails to pay the civil fine, or fails to timely request
an administrative hearing before a special magistrate, the special magistrate shall
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be informed of such failure by report from the code compliance officer. Failure of
the named violator to appeal the decision of the code compliance officer within the
prescribed time period shall constitute a waiver of the violator's right to
administrative hearing before the special magistrate, and be treated as an
admission of the violation, and fines and penalties may be assessed accordingly.
(4) Any party aggrieved by a decision of a special magistrate may appeal that decision
to a court of competent jurisdiction.
(5) The special magistrate shall have the authority to recover any and all
administrative or enforcement costs from a violator adjudicated of guilt for a
violation under this section.
(f) Parking in freight loading zones. It shall be unlawful for any person during the posted hours
of a freight loading zone to:
(1) Park a vehicle other than a commercial motor vehicle, as defined in section 106-
1, in a freight loading zone designated throughout the City of Miami Beach;
(2) Utilize a freight loading zone for any purpose, except the active engagement of
loading or unloading of property, goods or merchandise from a commercial motor
vehicle;
(3) Park a commercial motor vehicle in a freight loading zone without:
a. Obtaining a current and valid freight loading zone (FLZ) permit issued for
the commercial motor vehicle pursuant to this article; or
b. Paying the applicable parking meter fee as provided in section 106-55 of
this Code.
(4) Park any commercial motor vehicle in any freight loading zone for a period in
excess of that time permitted on posted signs or in excess of the maximum time
limit allowed by the parking meter.
A vehicle parked in violation of this section shall be subject to being towed at the direction
of any law enforcement officer or parking enforcement specialist, and the imposition of
any applicable fines or penalties.
(a) Parking in commercial loading zones. It shall be unlawful for any person during the posted
hours of a commercial loading zone to commit any of the following:
(1) Utilize a commercial loading zone for any purpose except the active engagement
of loading or unloading of property, goods or merchandise from a motor vehicle.
which motor vehicle must be commercially marked on the exterior with the name
of the company operating the motor vehicle:
(2) Park a motor vehicle, which motor vehicle must be commercially marked on the
exterior with the name of the company operating the motor vehicle, in a commercial
loading zone without:
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a. Paving the applicable parking meter fee as provided in section 106-55 of
this Code.
Park any motor vehicle in a commercial loading zone for a period in excess of Ma
time permitted on posted signs or in excess of the maximum time limit allowed by
the parking meter.
A motor vehicle parked in violation of this section shall be subject to being towed at the
direction of any law enforcement officer or parking enforcement specialist, and the impo i i n
f any applicable fines or penalties.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith 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.
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 30 day of a , 2026.
PASSED and ADOPTED this d 0 day of Ail 2026.
ATTEST:
MAY 2 6 2026 Steven Meiner, Mayor
Rafael E. Oranado, City Clerk
(Sponsored by Vice Mayor Laura Dominguez, Commissioner Tanya K. Bhatt and
Commissioner Alex J. Fernandez) Co -Sponsored by Commissioner Monica Matteo-Salinas
Underline denotes additions; strike three gh denotes deletions
Double underline denotes additions following First Reading; d denotes
deletions following First Reading
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
KORP ORATED? �J 13I 20 L
..--.. City orney Date
"cH•26 ' 4
Ordinances - R5 D
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: May 20, 2026 9:25 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 CODE OF THE
CITY OF MIAMI BEACH, ENTITLED "TRAFFIC AND VEHICLES," ARTICLE II,
ENTITLED "METERED PARKING," DIVISION 1, ENTITLED "GENERALLY,"
SECTION 106-47 THEREOF, ENTITLED `FREIGHT, COMMERCIAL, AND
PASSENGER CURB LOADING ZONES; HOURS; DELIVERIES." TO MODIFY AND
CLARIFY REQUIREMENTS APPLICABLE TO THE USE OF FREIGHT,
COMMERCIAL, AND PASSENGER LOADING ZONES; AND PROVIDING FOR
REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.
BACKGROUND/HISTORY
The Mayor and City Commission have identified illegal commercial and freight loading
and the improper use of loading spaces as an ongoing quality of life concern in the City
of Miami Beach ("City"). At the March 18, 2026 City Commission meeting, the Mayor and
City Commission adopted Resolution No. 2026-34189 directing the Administration to
execute and obtain all necessary agreements and prerequisites to install traffic
delineators along portions of the west side of the southbound lanes of Alton Road
between Fifth and Sixth Streets in order to deter and prevent illegal stopping, parking,
and loading/unloading along Alton Road.
ANALYSIS
The attached Ordinance is presented on Second Reading by the sponsors, Commissioner Alex
J. Fernandez, Vice -Mayor Laura Dominguez, and Commissioner Tanya K. Bhatt, for the
consideration of the Mayor and City Commission. The Ordinance was adopted, as amended, at
First Reading on April 22, 2026.
The Ordinance amends Section 106-47 to increase the penalties for violations of the freight,
commercial, and passenger loading requirements. The Ordinance increases the penalty for a first
offense from a warning to $1,000.00; increases the penalty for a second or subsequent offense
from $150.00 to $5,000.00; eliminates the separate penalty for a third offense; and creates a
penalty of $15,000.00 for a violation found by the special magistrate to be irreparable or
irreversible in nature. A violation is deemed irreparable or irreversible if the violator has caused a
lane of travel to be obstructed, resulting in any diversion of or impediment to the flow of traffic,
other than a momentary obstruction due to the violator entering or exiting the curb loading space.
The Ordinance also provides the special magistrate with the authority to recover administrative
and enforcement costs from a violator adjudicated of guilt for a violation under the section.
On April 22, 2026, the City Commission adopted the Ordinance at First Reading subject to the
following amendments:
515 of 1709
1. All freight and commercial loading zones shall be in effect Monday through Saturday, from
7:00 a.m. to 3:00 p.m. without exception.
2. The maximum allowable time to park in a freight or commercial loading zone is 30 minutes,
without exception.
3. All freight and commercial loading zones existing as of the effective date of the Ordinance
are hereby adopted by reference in the Code.
4. The creation or removal of a freight or commercial loading zone shall require a Resolution
of the City Commission.
5. Vehicles using commercial loading zones must be actively unloading or unloading, and
must be marked with the name of the company operating the motor vehicle, and must pay
the applicable parking meter fee.
6. A motor vehicle parked in violation of this section shall be subject to towing.
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on: 5/1/2026
See BIE at: https•//www miamibeachfi.gov/city-hall/city-clerklmeetina-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
Is this a "Residents Right to Know" item,
pursuant to City Code Section 2-17?
No
Is this item related to a G.O. Bond
Proiect?
ini
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
Sponsor(s)
516 of 1709
Commissioner Alex J. Fernandez
Vice -Mayor Laura Dominguez
Commissioner Tanya K. Bhatt
Co-sponsor(s)
Commissioner David Suarez
Condensed Title
9:25 a.m. 2nd Rdg, Modify Requirements for Freight Loading Zones. (AF/LD/TB/DS) CA
Previous Action (For City Clerk Use Only)
First Reading Public Hearing on 4/22/2026 - R5 AG
517 of 1709