BIE - PRIVATE PROPERTY USED FOR MOTOR VEHICLE PARKING (11/27/2024)MIAMI BEACH
City of Miami Beach,1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
TO:
FROM:
MEETING DATE:
SUBJECT:
Mayor Steven Meiner and Members of the City Commission
Eric Carpenter,City Manager J';t/.__~,,,__~-C.
December 11,2024
BUSINESS IMPACT ESTIMATE FOR:
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 Ill,ENTITLED "PUBLIC OFF-STREET PARKING
FACILITIES,"BY CREATING SECTION 106-118,ENTITLED "PRIVATE PROPERTY USED
FOR MOTOR VEHICLE PARKING;SIGNAGE REQUIRED;PENALTIES,"BY ESTABLISHING
SIGNAGE REQUIREMENTS APPLICABLE TO OWNERS OR 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.
Is a Business Impact Estimate Required?
0 Yes □No (If no,please check one of the boxes below)
If one or more boxes are checked below,this means the City of Miami Beach has
determined that a Business Impact Estimate for the above-referenced Ordinance is not
required by State law.
□The proposed Ordinance is required for compliance with Federal or State law or
regulation;□The proposed Ordinance relates to the issuance or refinancing of debt;
□The proposed Ordinance relates to the adoption of budgets or budget
amendments,including revenue sources necessary to fund the budget;□The proposed Ordinance is required to implement a contract or an agreement,
including,but not limited to,any Federal,State,local,or private grant or other
financial assistance accepted by the City;□The proposed Ordinance is an emergency ordinance;
□The Ordinance relates to procurement;or
□The proposed Ordinance is enacted to implement the following:
a.Part II of Chapter 163,Florida Statutes,relating to growth policy,county and
municipal planning,and land development regulation,including zoning,
development orders,development agreements and development permits;
b.Sections 190.005 and 190.046,Florida Statutes,regarding community
development districts;
c.Section 553.73,Florida Statutes,relating to the Florida Building Code;or
Business Impact Estimate
Page 2
d.Section 633.202,Florida Statutes,relating to the Florida Fire Prevention Code.
If none of the above exceptions apply,this Business Impact Estimate is hereby provided
in accordance with Section 166.041(4),Florida Statutes.
1.A summary of the proposed Ordinance and its purpose is more fully set forth in the
Commission Memorandum accompanying the Ordinance,as well as in the recitals to the
Ordinance itself,which are attached hereto.
2.a.The City of Miami Beach estimates that the proposed Ordinance will have the
following economic impact on private,for-profit businesses in the City of Miami Beach:
The Ordinance requires private properties that are open to the public for paid motor
vehicle parking to post signs (which shall be provided,at no charge,by the City of Miami
Beach)at all vehicular access points,with such signs clearly and unequivocally identifying
that the lots are privately owned/operated and are not City/municipal lots.Therefore,the
Ordinance will have no direct economic impact on private,for-profit businesses in the City
of Miami Beach.
b.The proposed Ordinance will have a very minimal direct compliance cost in requiring
the businesses to posting the provided sign(s)at all vehicular access points;
c.The proposed Ordinance will not impose any new charge or fee for which businesses
will be financially responsible;and
d.The City of Miami Beach will not generate any revenue from new charges or fees,
and,at this juncture,the City intends to monitor and seek compliance with the Ordinance
by utilizing its existing staff.
3.Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
There are approximately 25 businesses in the City that will be impacted by the Ordinance.
I 4.Additional comments:None.
Ordinances -R5 AC
M IAM I BEACH
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:City Attorney Ricardo J.Dopico
DATE:
TITLE:
November 20,2024 First Reading
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 Ill,ENTITLED
"PUBLIC OFF-STREET PARKING FACILITIES,"BY CREATING SECTION 106-118,
ENTITLED "PRIVATE PROPERTY USED FOR MOTOR VEHICLE PARKING;
SIGNAGE REQUIRED;PENALTIES,"BY ESTABLISHING SIGNAGE
REQUIREMENTS APPLICABLE TO OWNERS OR 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 Vice-Mayor Alex J.Fernandez,is submitted for
consideration by the Mayor and City Commission.
The City Administration,along with the Mayor and City Commission,have received numerous
complaints from persons concerning private parking lots that appeared (and they believed)to be
public,City-owned property.
Many of these individuals have also claimed that any subsequent citations issued by the private
property owner/operator caused confusion as they believed the citations were City-issued and
could lead to potential civil or criminal penalties.Additionally,having one's vehicle towed can be
a major inconvenience,expense and distressing for anyone and,in particular,parents with
strollers or young children and persons with disabilities.
Accordingly,the Mayor and City Commission seek to adopt the proposed Ordinance in order to
ensure that private properties open to the public for paid parking are clearly and unequivocally
identified as such through the prominent posting of signage at all vehicular access points in order
to avoid any uncertainty or confusion.
FISCAL IMPACT STATEMENT
The sponsor of this item requests that the Administration be prepared to address the fiscal impact
of this proposed measure,when the item is heard 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:
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,
pursuant to City Code Section 2-17?
No
Is this item related to a G.O.Bond
Project?
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
Sponsor(s)
Commissioner Alex Fernandez
Co-sponsor(s)
Condensed Title
1st Rdg,Ch.106,Private Parking Lot Signage.(Fernandez)CA
ORDINANCE NO.
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 Ill,
ENTITLED "PUBLIC OFF-STREET PARKING FACILITIES,"BY CREATING
SECTION 106-118,ENTITLED "PRIVATE PROPERTY USED FOR MOTOR
VEHICLE PARKING;SIGNAGE REQUIRED;PENAL TIES,"BY ESTABLISHING
SIGNAGE REQUIREMENTS APPLICABLE TO OWNERS OR 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
received numerous complaints from persons concerning private parking lots that appeared (and
they believed)to be public,City-owned property;and
WHEREAS,many of these individuals have also claimed that any subsequent citations
issued by the private property owner/operator caused confusion as they believed the citations
were City-issued and could lead to potential civil or criminal penalties;and
WHEREAS,having one's vehicle towed can be a major inconvenience,expense and
distressing for anyone and,in particular,parents with strollers or young children and persons with
disabilities;and
WHEREAS,the Mayor and City Commission seek to adopt this ordinance in order to
ensure that private properties open to the public for paid parking are clearly and unequivocally
identified as such through the prominent posting of signage at all vehicular access points 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 Ill of Chapter 106 of the Miami Beach City Code is
hereby created as follows:
CHAPTER 106
TRAFFIC AND VEHICLES
***
ARTICLE Ill.PUBLIC OFF-STREET PARKING 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,to be provided by the City,stating that the property is private
property and is not a public parking facility operated by a governmental entity.
(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 less
than 4 feet above ground level and the top of each sign not more than 10 feet above
ground level.
(b)The signage required by subsection (a)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.$715075,_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
by the City's code compliance department and fined $100.00 per day for a first violation and
$250.00 per day for each subsequent violation.
***
S E C T IO N 2.R E P E A L E R .
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
S E C T IO N 3.SE V E R A B ILI T Y .
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.
S E C T IO N 4.C O D IFIC A T IO N .
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.
S E C T IO N 5.EFF E C T IV E D A T E.
This Ordinance shall take effect the day of2024.
A T T E S T :
Steven Meiner,Mayor
Rafael E.Granado,City Clerk
Underline denotes additions.
(Sponsored by Vice-Mayor Alex J.Fernandez)
2
APPROVED AS TOFORM&LANGUAGE
&FOR EXECUTION>cw A,M -Dote