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Ordinance 90-2690 ORDINANCE No. 90- 2690 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 44 OF THE MIAMI BEACH CITY CODE ENTITLED "VEHICLES AND TRAFFIC" BY ADDING AN ARTICLE XII THEREIN ENTITLED "RESIDENTIAL PARKING PERMITS" BY DEFINING TERMS THEREIN, CREATING RESIDENTIAL PERMIT PARKING AREAS AND PROVIDING FOR PARKING THEREIN, PROVIDING FOR AND REGULATING THE ISSUANCE OF PERMITS AND THE PLACEMENT OF SIGNS WITHIN DESIGNATED AREAS, ESTABLISHING ENFORCEMENT MEASURES AND PARKING PERMIT VIOLATIONS, PROVIDING RESTRICTIONS ON PERMIT HOLDERS, PROVIDING FOR REVOCATION OF PERMITS AND PENALTIES; AND ESTABLISHING CHAPTER EXEMPTIONS; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Chapter 44 of the Miami Beach City Code entitled "Vehicles and Traffic" is hereby amended by adding an Article XII entitled "Residential Parking Permits", to read as follows: ARTICLE XII. RESIDENTIAL PARKING PERMITS. SECTION 44-82 . DECLARATION OF NECESSITY AND PURPOSE. It is hereby found and declared: (a) That there exists within certain residential areas of the city, heavy concentration of vehicles which park all day or all evening, or which in the evening hours are driven therein without specific destination and congregating at various points committing offenses against the peace and dignity_ of the city and the residents thereof. (b) That the presence of these vehicles cause vehicular congestion on residential streets, impede the movement of traffic; and unduly restrict entry of residents to their homes. 1 (c) That such vehicular congestion creates polluted air, excessive noise, and trash and refuse. (d) That the conditions and evils mentioned in subsections (a) , (b) , and (c) of this section creates blighted or deteriorated residential areas. (e) That establishment of residential permit parking areas will help to preserve the character of these areas as residential neighborhoods, will preserve property values, and will preserve the safety of children and other pedestrians. (f) That establishment of residential permit parking areas will promote efficiency in the maintenance of those streets. (g) That residential permit parking regulations are necessary to promote the health, safety, and welfare of the inhabitants of the city. Sec. 44-83 DEFINITIONS. For the purpose of Sections 44-82 through and including 44-89. (a) "Residential areas" shall mean a contiguous or nearly contiguous area containing public streets or parts thereof primarily abutted by residential property or residential and nonbusiness property such as schools, parks, churches, hospitals, and nursing homes. A residential area shall contain at least one-half of a city block bordered by three public streets, and, if there is an alleyway, also by an alleyway. (b) "Commuter vehicle" shall mean a motor vehicle operated in or parked in a residential area by a person not a resident thereof. (c) "Impacted by commuter vehicles" shall mean; (1) A condition whereby (i) the total number of spaces actually occupied by any vehicles exceeds 70 percent of the number of spaces on such streets on 2 the weekdays of any month; and, (ii) the average number of commuter vehicles parking on streets in a residential area is in excess of 25 percent of the number of parking spaces on such streets,or (2) A condition whereby an undue number of commuter vehicles are being driven into or left in a residential area regularly between the hours of 7 :00 p.m. and 6:00 a.m. of the following day, parking therein for purposes unrelated to residential uses. Sec. 44-84. CREATION OF RESIDENTIAL PERMIT PARKING AREA. (a) Whenever the City Manager shall make a determination that a residential area is impacted by commuter vehicles in accordance with the criteria set forth in Sections 44-82 and 44-83, he may initiate the creation therein of a residential permit parking area. A request for a determination by the City Manager may also be initiated through petition of a majority of the bona fide residents of a residential area. (b) After initiation of the creation of a residential permit parking area by the City Manager as set forth above the City Commission shall hold a public hearing on the matter. Such public hearing shall be held only after (i) notices have been mailed or personally delivered to every household that can reasonably be established within the area under consideration, and (ii) notice has been posted in the area under consideration fifteen (15) days prior to the hearing date. The notice shall clearly state the purpose of the hearing and the exact location and boundaries of the proposed residential parking permit area. (c) The City Commission shall, by resolution, approve or disapprove the creation of the residential parking permit area. 3 Sec. 44-85. ISSUANCE OF PERMITS; PLACEMENT OF SIGNS. (a) Following City Commission approval of the designation of a residential parking permit area, the director of the parking department shall issue the appropriate permits and shall cause parking signs to be erected in the area, indicating the times and locations where permit parking shall be permitted, and clearly stating "Tow-Away Zone". (b) A permit shall be issued upon application and payment of fees, if any, only to the owner or the operator of a motor vehicle who resides on property immediately adjacent to a street or other location within the designated area. (c) Permit fees, if any, shall be approved by resolution of the City Commission. (d) The application for a permit shall contain the name of the owner or operator of the motor vehicle, residential address, phone number, the make and model of the motor vehicle, a copy of the applicant's driver' s license, and a photostatic copy of the vehicle registration. The permit shall be renewed in person semi-annually upon such conditions and procedures as specified by the parking department. If the applicant is a lessee, a copy of a current valid lease showing proof of residency shall also be made part of the application. (e) The permit shall be displayed on the lower left corner of the outside rear window or on the left rear bumper of the vehicle. (f) The director of the parking department is hereby authorized to make provisions for: (1) The issuance and collection of fees, if any, for temporary permits to bona fide visitors to residences within designated residential permit 4 parking areas; and (2) The issuance of special permits to allow service and delivery vehicles to park in the area under extenuating circumstances. Sec. 44-86. PARKING IN RESIDENTIAL PERMIT AREAS . (a) The holder of a residential parking permit which is properly displayed shall be permitted to stand or park a motor vehicle in the appropriately designated parking area. While a vehicle for which a residential parking permit has been issued is so parked, such permit shall be displayed so as to be clearly visible to enforcement personnel. A residential parking permit shall not guarantee or reserve to the holder a parking space within the designated parking area. (b) A residential parking permit shall not authorize the holder thereof to park in spaces or areas designated by law as restricted or prohibited parking (loading zones, fire hydrants, disabled or other such regulated areas) , nor shall it exempt him or her from the observance of any traffic regulations, other than parking time limits. (c) Time limits for parking in each residential permit area shall be posted in plain view and shall be strictly enforced. Sec. 44-87 . ENFORCEMENT. Vehicles found within a residential permit area during the time limits posted without a valid permit for that area (a) shall be issued a uniform parking citation pursuant to Section 30-388.25 of the Metropolitan Dade County Code, and (b) may be towed pursuant to Section 30-384 of the Metropolitan Dade County Code. 5 Sec. 44-88. PARKING PERMIT VIOLATIONS. It shall be unlawful for any person to represent that he or she is entitled to a residential parking permit when he or she is not entitled, or to hold or display such a permit at any time when they are not entitled. Sec. 44-89. REVOCATION OF PERMITS AND PENALTIES. (a) The director of the parking department is authorized to revoke the residential parking permit of any individual found to be in violation of the provisions of this ordinance. (b) Failure to surrender a revoked permit within ten (10) working days of written notification from the parking department shall carry the following penalties: (1) The violator shall not be allowed to re-apply for another permit for six months. (2) Once restored, if the permit holder should once again have their permit revoked by the department, the resident would be restricted from applying for one year. Sec. 44-90. EXEMPTIONS. Vehicles with valid handicapped license plates issued by the Department of Motor Vehicles and displaying the internationally-accepted wheelchair symbol, handicapped parking permit, or disabled veteran motor vehicle license plate are exempt from the requirements of Sec. 44-82 through 44-89. SECTION 2 . SEVERABILITY. If any section, subsection, clause or provision of this ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 6 SECTION 4. EFFECTIVE DATE. This ordinance shall take effect ten (10) days after its adoption on the 31st day of March , 1990. PASSED and ADOPTED this 21st day of March , 1990. CITY OF MIAMI BEACH 1 j � `r rary ► OR Attest By: CITY C ERR 1st Reading 3/7/90 2nd Reading 3/21/90 FORM APPROVED LEGAL DE/T./ By . A1. 7 Date 315 /cta 7 s eee, o j ?Hearne &ad PMI ky> FLORIDA 3 3 1 3 9 *iINCOR ORATED * "VACATIONL.4NU U. S. A. " h 3 � 4-14,H 16R� OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 ` COMMISSION MEMORANDUM NO. 1 5 DATE: March 7 , 1990 TO: Mayor Alex Da. . • and ` Members of a Cityy Comm' si an r_ FROM: Rob W. Parks `,4/ City Manager SUBJECT: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CREATING A NEW ARTICLE XI, CHAPTER 44 OF THE CITY CODE, ENTITLED "RESIDENTIAL PARKING PERMITS"; REGULATING THE ISSUANCE OF PERMITS AND THE PLACEMENT OF SIGNS WITH DESIGNATED AREAS; PROVIDING RESTRICTIONS ON PERMIT HOLDERS; ESTABLISHING VIOLATIONS OF THE ARTICLE; PROVIDING FOR A PROCESS OF REVOCATION OF PERMITS AND PENALTIES; PROVIDING FOR SEVERABILITY; REPEALING ALL OTHER ORDINANCES IN CONFLICT THEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE. During the past several months, the Administration and Commission have been requested to investigate the feasibility of implementing a residential parking permit program. Certain criterion including percentage of vehicles used as commuter vehicles not owned by residents of the target area, inaccessibility of tenant and unit owners to park their vehicle within a reasonable distance from their home, and other such concerns will be utilized to help determine the areas of the City which would benefit most from such a plan. Through numerous meetings with community leaders, civic groups, and property owners, it was determined that the Administration would be wise to examine the specific needs of a target area and establish a pilot residential permit plan to better meet the parking needs of its respective residents. Under the conditions of the attached ordinance, the final approval of any residential permit area would rest with the Commission. Included in the Administration's review, comparable programs and cities were contacted regarding their specific programs. Successful programs such as those found in Salem, OR and Washington, DC were used as the foundation for the Miami Beach plan. In addition, the Administration reviewed programs from San Jose, Georgetown University, Boston, and Albany and incorporated the best parts of each of these programs into our own. The pilot program is planned to operate for a one-year period. During that time, the Parking Department will evaluate how the parking needs of the area have been improved through the program. In addition, the Administration will determine if any modifications need to be made in order to better meet the parking requirements of the residents. ADMINISTRATION RECOMMENDATION: The Administration recommends that the City Commission adopt the attached enabling ordinance which will allow the Administration to begin the process of determining the target areas to be recommended for Commission approval . 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