2010-3709 Ordinance "POLICE TOWING PERMITS"
ORDINANCE N O.1 2010 - 3709
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA AMENDING THE CODE
OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 106,
"TRAFFIC AND VEHICLES," ARTICLE V, `POLICE VEHICLE
TOWING," . DIVISION 2,. "PERMIT," SECTION 106 -213,
"APPLICATION," TO REDUCE THE NUMBER OF POLICE
VEHICLE TOWING PERMITS FROM THREE TO TWO,
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY
AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach is responsible for providing a
transportation network and system that is usable by its residents and visitors; and
WHEREAS, the vehicular traffic demands on the oad network in the . City is
choking the people who must travel to and from the City, and move in and
around the City; and
WHEREAS, while the shortage of parking is a major issue in the City,
resulting in a high number of incidents of illegal parking, so too is the adverse
impacts of towing companies whose tow trucks operate within the City's streets;
and
WHEREAS, while the tow companies provide a needed service, in removing
improperly parked vehicles, having too many tow trucks operating in the City also
has adverse effects resulting from various factors, including but not limited to, the
size of the vehicles, the speed with which they operate on City streets, and the
noise the tow yard operations have on surrounding residents and businesses;
and
WHEREAS, the City Code authorizes up to three permits to be granted to
towing companies engaged in the business of providing towing services to the
City's Police Department, and the number of permits the City has granted to
towing companies engaged in the business of providing towing services to the
City's Police Department is presently at two; and
WHEREAS, it appears to the City Commission that having two towing
companies engaged in the business of providing towing services to the City's
Police Department is adequate to address the needs of the City, and would
reduce the adverse impact tow company operations have on City residents and
businesses; and
"POLICE TOWING PERMITS"
WHEREAS, since it is within the discretion of the City Commission to select
the number of permits it awards to towing companies engaged in the business of
providing towing services to the City's Police Department, in order to reduce
overhead, reduce duplication of administrative and vehicle investment, and
reduce tow vehicle traffic on City streets, and the other adverse impacts tow
company operations have on the City as discussed above, or might otherwise be
established by further review; and
WHEREAS, based upon the foregoing, the City Commission therefore adopts
this ordinance to accomplish the above objectives.
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 106, "Traffic And Vehicles," Article V, "Police Vehicle
Towing," Division 2, "Permit," Section 106 -213, "Application," is hereby amended
as follows:
Sec. 106 -213. Application.
An application for a permit under this article shall be filed in writing with the city
manager. Such application shall be verified by the oath of the person making
such application as to the truth of the statements contained therein, if a natural
person, by such person; by the officers thereof, if the applicant is a corporation;
or by a member thereof, if the applicant is a partnership. Such application shall
include the name and address of the applicant and the address of its officers, if
any. The total number of permits granted under this article shall not exceed three
two.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections in
conflict herewith be and the same are hereby repealed
SECTION 3. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the
provisions of this ordinance shall become and be ma a part of the Code of the
City of Miami Beach as amended; that the sections of this ordinance may be
renumbered or relettered to accomplish such intention; and that the word
"ordinance" may be changed to "section" or other appr priate word.
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"POLICE TOWING PERMITS"
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision . of this Ordinance is held
invalid, the remainder shall not be affected by such inv lidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following doption.
Passed and adopted this 17th day of November , 2010.
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APPROVED AS TO
FORM & LANGUAGE
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EXEC LION
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COMMISSION ITEM SUMMARY
Condensed Title:
An ordinance amending the City Code reducing the number of police vehicle towing permits from three (3)
to two (2) permits.
Key Intended Outcome Supported:
I Maintain or Improve Traffic Flow.
Supporting Data (Surveys, Environmental Scan, etc.):
I 74% of residents and 72% of businesses rate the availability of parking across the City as too little or much too little.
Availability of parking was one of the changes residents identified to Make Miami Beach better to live, work or play.
Issue:
Should the City Commission approve an ordinance amending the City Code to reduce the number of
police vehicle towing permits from three (3) to two (2) permits?
I tem Summary /Recommendation:
On October 27, 2010, the Mayor and Commission approved the proposed ordinance amendment on first
reading. A brief discussion was held regarding restricting other use to further reduce intensity in the Light
Industrial Districts. Among them, rooftop cafes, robotic /automated garages, and valet storage are uses to
be discussed and addressed by the Land Use and Development Committee.
On September 27, 2010, the Land Use and Development Committee (LUDC) held a discussion regarding
the Police Department Towing Permits. The City Code currently allows for the issuance of three (3) towing
permits, two of which are currently active. One permit is assigned to Beach Towing Services, Inc. and a
second permit is assigned to Tremont Towing Services, Inc. The ¶hird towing permit is vacant and has
been vacant for several decades. Any amendments to the number of towing permits must be approved by
the Mayor and City Commission.
The LUDC directed the City Attorney to draft an ordinance amendment to reduce the number of towing
permits from three (3) to two (2). This resulted from extended discussion which took place at the LUDC
Meeting. The Committee expressed concerns relative to the negative impact that three (3) towing
operations would have on the neighborhood. As you may recall, towing operations are only permitted in
the 1 -1 District, which are the Sunset Harbor area and Terminal Is' nd.
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Fiscal Impact:
The City has had two (2) active towing permits for decades. During this time, the towing needs of the City
as well as private property owners have been sufficiently addresse under two (2) active towing permits.
There is no foreseeable need for a third towing permit; therefore, th re is no fiscal impact identified at this
time. Approve the ordinance on second and final public hearing.
Advisory Board Recommendation:
Financial Information:
Source of Amount Account Approved
Funds: 1
I I 2
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Saul Frances, ext. 6483
Sign -Offs:
Department Director Assis ), City Manager 1 • M alter
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T:WGENDA\ 2010 \Nov172010\Regular\TowingCodeAme ent.SUM.DOC
Q AM I BEACH AGENDA. ITEM n 5 P
� DATA ! K
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSI N MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the Ci Commission
r.
FROM: City Manager Jorge M. Gonzalez 4
DATE: November 17, 2010 SECOND D FINAL PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE MAYOR AND CI COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA AMEND! G THE CODE OF THE CITY
OF MIAMI BEACH, BY AMENDING CHAP ER 106, "TRAFFIC AND
VEHICLES," ARTICLE V, "POLICE VEHIC E TOWING," DIVISION 2,
"PERMIT," SECTION 106 -213, "APPLICA ION," TO REDUCE THE
NUMBER OF POLICE VEHICLE TOWING P RMITS FROM THREE TO
TWO, PROVIDING FOR CODIFICATION, R PEALER, SEVERABILITY
AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the Mayor and Commi sion approve the amendment
on second and final public hearing.
ANALYSIS
On October 27, 2010, the Mayor and Commission approved the proposed ordinance
amendment on first reading. A brief discussion was held reg = rding restricting other uses to
further reduce intensity in the Light Industrial Districts. A mong them, rooftop cafes,
robotic /automated garages, and valet storage are uses to b discussed and addressed by
the Land Use and Development Committee.
On September 27, 2010, the Land Use and Developme t Committee (LUDC) held a
discussion regarding the Police Department Towing Permits. The City Code currently allows
for the issuance of three (3) towing permits, two of which are urrently active. One permit is
assigned to Beach Towing Services, Inc. and a second p rmit is assigned to Tremont
Towing Services, Inc. The third towing permit is vacant an has been vacant for several
decades. Any amendments to the number of towing permits ust be approved by the Mayor
and City Commission.
The LUDC directed the City Attorney to draft an ordinance am ndment to reduce the number
of towing permits from three (3) to two (2). This resulted from extended discussion which
took place at the LUDC Meeting. The Committee expre sed concerns relative to the
negative impact that three (3) towing operations would have on the neighborhood. As you
may recall, towing operations are only permitted in the 1 -1 istrict, which are the Sunset
Harbour area and Terminal Island.
The 1 -1 District was the subject of a recent zoning change la t year. The amendments, the
result of a long discussion with the residents and property wners of the Sunset Harbour
neighborhood sought to address concerns of incompatibl uses. The new regulations
encourage the creation of a vibrant urban commercial distric that can support and co -exist
November 17, 2010
City Commission Memorandum
Police Vehicle Towing Amendment
Second and Final Public Hearing
Page 2 of 2
a
with the surrounding residential districts. One major component of the regulations was to
make certain uses allowable only after approval by the Planning Board through the
Conditional Use process, one of the review criteria for eval ating Conditional Uses deals
with the concentration of similar uses creating a negativ impact on the surrounding
neighborhood. The Land Use and Development Committee xpressed this same concern in
recommending a reduction in the number of police vehicle to ing permits allowed withinIthe
City.
Fiscal Impact:
The City has had two (2) active towing permits for decades During this time, the towing
needs of the City as well as private property owners have be - n sufficiently addressed under
two (2) active towing permits. There is no foreseeable n =ed for a third towing permit;
therefore, there is no fiscal impact identified at this time.
JMG /JGG /SF
T:WGENDA\2010\Novl 72010 \Regualr\TowingCodeAmendment .cme.doc ff
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THURSDAY, NOVEMBER 4, 2010 1 17NE
CA I
CIT OF MIAMI BEACH
Y
NOTICE PUBLIC HEARINGS
NOTICE IS HEREBY given that second readings . and public hearings
will be held by the • Mayor and City Commission of the City of Miami
Beach, Florida, in the Commission Chambers, 3yd fl nor, City Hall,
1700 Convention Center Drive, Miami Beach, Florida, on Wednesday,
November 1r, 2010, to consider following: •
11:10 a.m.
Ordinance Amending The Miami Beach Employees' Re irement _Plan;
Implementing Provisions Of The 2009 - 2012 °Collective Bargaining
Agreement Between The City And The Communicatio s Workers Of
America, Local 3178 (CWA).
Inquiries may be directed to the Human Resourc -. Department I
(305) 673 -7520.
11:30 a.m.
An Ordinance Amending The Code Of The City Of Mi. mi Beach, By
Amending Chapter 118, "Administration And Revie Procedures,"
Article 1, "In General," Section 118 -6, "Use Of, And Cos Recovery For,
Consultants For Applications For Development Approval,' By Specifying
Requirements For Reports To Be in Writing, To Be S bmitted By A
Specified Deadline, And For The Author. Of Said Repo TO Be Present
At Public Hearing.
Inquiries may be directed to the Planning Department ( 05) 673 -7550.
11:31 a.m.
• Ordinance Amending Chapter 46 Of The Miami Beach Chi Code, Entitled
"Environment," By Amending Article III Thereof, Ent ed "Litter," By
Amending Section 46 -92 To Clarify And Provide For Additional Prohibitions
And Definitions For Litter With Regard To Leaf Blo ers And _ Yard
Maintenance Debris, And Clarifying Penalties For Certain • er Violations.
Inquiries may be directed to Public Works Department at ( 05) 673 -7080.
11:32 a.m.
Ordinance Amending The Code Of The Cty Of Miami Bea h, By Amending
Chapter 106, "Traffic And Vehicles," Article V, "Police ehicie.Towing,'
Division 2, "Permit," Section 106 -213,• "Application," o Reduce The
Number Of Police Vehicle Towing Permits From Three Ti Two
Inquiries may be directed to the Parking Department (315) 673 -7275.
INTERESTED PARTIES are invited to appear at this meeting or be
represented by an agent or to express their views in w • ing addressed
to the City Commission do the City Clerk, 1700 Convent on Center Drive,
1 Floor, City Hall, Miami Beach, Florida 33139. This eeting may be
opened and continued and under such circumstances additional legal
notice would not be provided.
Robert E. Parcher, 1 ity Clerk
City of Miami Beac
Pursuant to Section 286.0105, FL Statutes, the City he eby advises the
public that: if a person decides to appeal any decisi a n made by the
City Commission with respect to any matter consider I at its meeting
or its hearing, such person must ensure that a verba m record of the
proceedings is made, which record includes the testim. y and evidence
upon which the appeal is to be based. This notice dos s not constitute
consent by the City for the introduction or • admissi in of otherwise
inadmissible or irrelevant evidence, nor does it authori' e challenges or
appeals not otherwise . allowed by law.
.In accordance with the Americans with Disabilities Act if 1990, persons
needing special accommodation to participate in this 0 roceeding, or to
request information on access for persons with disabili I es, or to request
this publication in accessible format, or to reques sign language
interpreters, should contact the City Clerk's office at 305) 673 -7411,
no later than four days prior to the proceeding. !f h • aring impaired,
contact the City .Clerk's ;office via. the Florida Relay «- rvice numbers;
(800)955 -8771 (TTY) or (800) 955 -8770 (VOICE). AD # 634