CAO 98-20
m
CITY OF MIAMI BEACH
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
To: SERGIO RODRIGUEZ
City Manager
Harry Mavrogenes
Assistant City manager
Jacqueline Gonzalez
Parking Director
From:
June 25, 1998 r
MURRAYH. DUBBU:II
City Attorney ''j\
Robert Dixon ~,+ -
Deputy City Attorney
Date:
Subject:
L~al Opinion re~ardin~ the desiWlation of parkin~ on Lincoln Court
As per tbe ~ussion on Commission Item R9G at the June 3, 1998, City Commission
Meeting, you have requested a legal opinion with regard to the question: Can the City designate
parking on Lincoln Court, which is a two-lane, two-way road with 24.5 feet width, as measured
from curb to curb?
Short answer: No.
Reason: Miami-Dade County Ordinance, Chapter 30-388.lO(a), entitled "Obstruction of
traffic by Parking" provides in material part:
No person shall park any vehicle upon a street, in
such a manner or under such conditions as to leave
available less than ten feet (10') of the width of the
roadway for free movement of vehicular traffic.
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The primary use of a roadway is for the free movement of traffic. The Administration
concedes that parking on the roadway is an ancillary use. If a portion of the roadway is intended
to allow for parking then the roadway must have sufficient width to allow for two-lanes (each at
least 10 feet wide) of traffic, plus a parking lane which would have minimum requirements for
the width of parking lane is eight (8') feet.
Moreover any attempt to widen Lincoln Court by taking width from the sidewalk poses
additional problems of possible ADA violation.
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