2017-4152 Ordinance ORDINANCE NO. 2017-4152
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 18 OF THE MIAMI
BEACH CITY CODE, ENTITLED "BUSINESSES," BY AMENDING
DIVISION 2, ENTITLED, "VALET PARKING PERMITS FOR USE OF
PUBLIC PROPERTY," BY AMENDING SECTION 18-343, ENTITLED,
"PENALTIES AND ENFORCEMENT; FINE SCHEDULE; RIGHT OF
APPEAL"; BY MODIFYING THE FINE AMOUNTS; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS, the amendment to the Ordinance would reduce the monetary fine for those
first and second offense violations committed by valet operators throughout the City of Miami
Beach; and
WHEREAS, the City Commission finds that a reduction of the monetary fine for those
first and second violations is appropriate, and will minimize the financial impact to valet
operators who receive a first and second offense violation.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. Article VIII of Division 2 of Chapter 18 of the Code of the City Miami Beach is
hereby amended as follows:
CHAPTER 18
BUSINESSES
* *
ARTICLE VIII. Parking Lot
* * *
DIVISION 2. Valet Parking Permits for Use of Public Property
* * *
SECTION 1. Article VIII of Division 2 of Chapter 18 of the Code of the City Miami Beach is
hereby amended as follows:
Sec. 18-343. Penalties and enforcement; fine schedule; right of appeal.
(a) Penalties and enforcement.
(1) A violation of article VIII, except as specifically set forth herein, shall be subject to the
following fines:
i. If the violation is the first offense, there shall be a civil fine of$1,000.00 $500.00;
ii. If the violation is the second violation within the preceding twelve months, there
shall be a civil fine of$2,000.00 $1,000.00;
iii. If the violation is the third violation within the preceding twelve months, there shall
be a civil fine of$3,000.00;
iv. If the violation is the fourth or subsequent violation within the preceding twelve
months, there shall be a civil fine of$5,000.00.
(2) A violation of section 18-340 shall be subject to the following fines:
i. If the violation is the first offense, there shall be a civil fine of$100.00;
ii. If the violation is the second violation within the preceding nine months, there shall
be a civil fine of$250.00;
iii. If the violation is the third violation within the preceding nine months, there shall be
a civil fine of$500.00;
iv. If the violation is the fourth or subsequent violation within the preceding nine
months, there shall be a civil fine of$1,000.00.
(3) Enhanced penalties. The following enhanced penalties must be imposed, in addition to
any mandatory fines set forth in subsection 18-343(a)(1) above, for violations of article
VIII, except as to section 18-340:
a. Enhanced penalties:
(i) If the offense is a third offense within the preceding 12-month period of time,
in addition to the fine set forth in subsection 18-343(a)(1), the valet operator,
valet permit holder, property owner, company or business entity must be
prohibited from conducting the valet operation(s) for a period of 10 days.
(ii) If the offense is a fourth or subsequent offense, in addition to any fine set forth
in subsection 18-343(a)(1), the valet operator, valet permit holder, property
owner, company or business entity must be deemed a habitual offender, and
the City Manager may revoke the business tax receipt or the certificate of use
issued to such valet operator, valet permit holder, property owner, company or
business entity that have been deemed a habitual offender(s) pursuant to this
section for a period not to exceed one year.
(4) Enforcement. The city's parking department and the Miami Beach Police Department
shall enforce this article. This shall not preclude other law enforcement agencies from
any action to assure compliance with this section and all applicable laws. If a parking
enforcement officer or a police officer finds a violation of this article, the parking
enforcement officer or the police officer will be authorized to issue a notice of violation.
The notice shall inform the violator of the nature of the violation, amount of fine for
which the violator is liable, instructions and due date for paying the fine, that the
violation may be appealed by requesting an administrative hearing before a special
master within ten (10) days after service of the notice of violation, and that the failure to
appeal the violation within ten (10) days of service shall constitute an admission of the
violation and a waiver of the right to a hearing.
(5) Rights of violators; payment of fine; right to appear; failure to pay civil fine or to appeal;
appeals from decisions of the special master.
a. A violator who has been served with a notice of violation must elect to either:
(i) pay the civil fine in the manner indicated on the notice of violation; or
(ii) request an administrative hearing before a special master to appeal the notice
of violation, which must be requested within ten (10) days of the service of the
notice of violation.
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b. The procedures for appeal by administrative hearing of the notice of violation shall
be as set forth in sections 30-72 and 30-73 of this Code. A request for appeal must
be accompanied by a fee as approved by a resolution of the city commission.
c. If the named violator, after issuance of the notice of violation, fails to pay the civil
fine, or fails to timely request an administrative hearing before a special master,
the special master may be informed of such failure by report from the police
officer. The failure of the named violator to appeal the decision of the police officer
within the prescribed time period shall constitute a waiver of the violator's right to
an administrative hearing before the special master, and shall be treated as an
admission of the violation, for which fines and penalties shall be assessed
accordingly.
d. A certified copy of an order imposing a fine may be recorded in the public records,
and thereafter shall constitute a lien upon any real or personal property owned by
the violator, which may be enforced in the same manner as a court judgment by
the sheriffs of this state, including levy against the violator's real or personal
property, but shall not be deemed to be a court judgment except for enforcement
purposes. On or after the sixty-first (61st) day following the recording of any such
lien that remains unpaid, the City may foreclose or otherwise execute upon the
lien.
e. Any party aggrieved by a decision of a special master may appeal that decision to
a court of competent jurisdiction.
f. The special master shall be prohibited from hearing the merits of the notice of
violation or considering the timeliness of a request for an administrative hearing if
the violator has failed to request an administrative hearing within ten (10) days of
the service of the notice of violation.
g. The special master shall not have discretion to alter the penalties prescribed
herein.
(6) The parking department, shall withhold issuance of any new valet permits and leased
public on-street/curbside valet parking spaces, and suspend current valet permits until
past due violations are paid in full. The parking department reserves the right to bring
forward to the special master any party who has waived their right to appeal and has
over three (3) outstanding violations.
(7) Valet operator's responsibility for vehicles in their possession. Valet operators shall pay
all fines and fees, including towing charges, arising in connection with a patron's
vehicle which is in the possession of the valet operator at the time such charge is
incurred. This does not preclude the valet operator from also being cited by the parking
department for violations of this section article which resulted in the imposition of the
fines and fee.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
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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 part of the
Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered
or relettered 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 on the tenth (10th) day following its adoption.
PASSED AND ADOPTED this 5/ day of C gam" 2017.
ATTEST:A I
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RAFAE L E. G RANADO, CITY CLERK j`
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(Sponsored by Commissioner Joy Malakoff)
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Ordinances - R5 D
M I AM I BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J. Aguila, City Attorney
DATE: October 31, 2017
9:38 a.m. Second Reading Public Hearing
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 18 OF THE MIAMI BEACH CITY
CODE, ENTITLED "BUSINESSES," BY AMENDING DIVISION 2, ENTITLED,
"VALET PARKING PERMITS FOR USE OF PUBLIC PROPERTY," BY AMENDING
SECTION 18-343, ENTITLED, "PENALTIES AND ENFORCEMENT; FINE
SCHEDULE; RIGHT OF APPEAL"; BY MODIFYING THE FINE AMOUNTS;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
RECOMMENDATION
Pursuant to the request of Commissioner Joy Malakoff, the above-referenced Ordinance is submitted
for approval by the Mayor and City Commission at the October 31, 2017 Commission Meeting.
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Joy Malakoff
ATTACHMENTS:
Description
a Ordinance Amending Chapter 18 Businesses Sec 18-343 Penalties and Enforcement Re Valet Parking
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