Ordinance 94-2911 ORDINANCE NO. 94-2911
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
CHAPTER 44 OF THE MIAMI BEACH CITY CODE, ENTITLED
"VEHICLES AND TRAFFIC": AMENDING ARTICLE XII,
ENTITLED "RESIDENTIAL PARKING PERMITS" BY
PROVIDING THAT THE CITY MANAGER OR A DESIGNEE
MAY DETERMINE THAT A RESIDENTIAL AREA IS
IMPACTED BY COMMUTER VEHICLES AND PROVIDE FOR
THE ISSUANCE OF PERMITS AND SPECIAL PERMITS,
COLLECTION OF FEES AND ERECTION OF SIGNS IN
DESIGNATED RESIDENTIAL PERMIT PARKING AREAS;
PROVIDING THAT PERMITEES MUST APPLY IN PERSON
ONLY FOR THE INITIAL PERMIT AND MAY THEREAFTER
RENEW THE PERMIT ANNUALLY OR SEMI-ANNUALLY
WITHOUT APPEARING PERSONALLY; PROVIDING THAT
THE CITY MANAGER MAY REVOKE PERMITS FOR
VIOLATIONS OF ARTICLE XII; PROVIDING FOR A
REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, a large number of residents of the City of Miami Beach must
compete with non-residents for parking in residential neighborhoods; and
WHEREAS, citizens have appeared before the Miami Beach City Commission to
request relief from the lack of parking available for residents in and around their
neighborhoods as a result of the high volume of commuter traffic; and
WHEREAS, it has been determined that the development of a residential parking
program and the creation of residential permit parking areas is essential to the general
welfare of residents in those neighborhoods impacted by the lack of available
residential parking.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1 . That Sections 44-84, 44-85 and 44-89 of Article XII entitled
"Residential Parking Permits" of Chapter 44 of the Miami Beach City Code entitled
"Vehicles and Traffic" are hereby amended as follows:
Section 44-84. Creation of residential permit parking area.
* * *
(a) Whenever the city manager or a designee 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 or a designee may also be initiated through petition of a
majority of the bonafide residents of a residential area.
Section 44-85. Issuance of permits; placement of signs.
(a) Following city commission approval of the designation of a residential
parking permit area, thc director of thc parking department the city manager or
a designee 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 Zones".
(c) Permit fees, if any, shall be approved by resolution of the City
Commission.The City Manager or a designee shall calculate the permit fees
based on the actual cost of manufacture and installation of pertinent signs,
applications and permits and administrative costs in connection with the
issuance of permits and present recommended fees to the City Commission for
approval.
(d) The application for a permit shall contain the name of the owner or operator
of the motor vehicle, residential address, phone number, make and model of the
motor vehicle, a copy of their driver's license, and a photostatic copy of the
vehicle registration. The permit shall be renewed in person scmi annually
- -- - - :- - ., . .; ; ; - . . -;.• - • -e Parl epartment.
If the applicant is a lessee, a copy of a-current valid lease or a utility bill
showing proof of residency shall also be made part of the application. The
permittee shall apply in person for the initial permit and shall present all required
documentation. Personal appearance shall not be required for permit renewals.
Renewal of a permit shall be annually or semi-annually and in accordance with
the conditions and procedures as specified by the city manager or a designee
and approved by the city commission.
(f) The director of the parking department city manager or a designee 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
parking areas; and
(2) The issuance of special permits to allow service and delivery vehicles
to park in the area under extenuating circumstances .
* * *
SECTION 44-89. Revocation of permits and penalties.
a) The director of the parking department city manager or a designee is authorized to
revoke the residential parking permit of any individual found to be in violation of the
provisions of this article.
* * *
SECTION 2. REPEALER
All ordinances or parts in conflict herewith be and the same are hereby repealed.
SECTION 3. SEVERABILITY
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 portion of this Ordinance.
SECTION 4. EFFECTIVE DATE
This Ordinance shall take effect on the 26th day of March , 1994.
PASSED AND ADOPTED this 16th day of Marc t L 1994
MAYO
ATTEST: RIVI APPRQI 1'' 1
LE PT.
CITY CLERK
1st reading 3/2/94 2
2nd reading 3/16/94 Date •
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. j 9 Z-N
TO: Mayor Seymour Gelber and DATE: March 16 , 1994
Members of the City Commission
FROM: Roger M. . '
City Manager
SUBJECT: ORDINANCE TO AMEND CHAPTER 44 OF THE MIAMI BEACH
CITY CODE ENTITLED "VEHICLES AND TRAFFIC"; ARTICLE
XII ENTITLED "RESIDENTIAL PARKING PERMITS" - SECOND
READING AND PUBLIC HEARING
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the City Commission, adopt the
attached ordinance, following the scheduled public hearing, to
amend Chapter 44 of the Miami Beach City Code entitled "Vehicles
and Traffic"; Article XII entitled "Residential Parking Permits" .
BACKGROUND:
This ordinance is being presented for second reading and the
scheduled public hearing.
Numerous residents have S`pGereu before the Miami Beach
City
Commission to request relief from the lack of parking available for
residents in and around their neighborhoods as a result of the high
volume of commuter traffic.
It has been determined that the development of a residential
parking program and the creation of residential permit parking
areas is essential to the general welfare of residents in those
neighborhoods impacted by the lack of available residential
parking.
ANALYSIS:
Amendments to sections of the Miami Beach City Code provide for the
following:
o References to the director of the Parking Department have
been changed to the City Manager or a designee
o the City Manager or a designee can make the determination
that a residential area is impacted by commuter vehicles
and can initiate the creation of a residential permit
parking area by following procedures as defined in the
City Code
o the City Manager or a designee shall calculate permit
fees based on the actual cost of manufacture and
installation of pertinent signs, application and permits
and administrative costs in connection with the issuance
of permits
20
AGENDA
ITEM
DATE 3-11-9'4
1
Commission Memorandum - February 24, 1994
Amendment to City Code - Parking
Page 2
o the permittee shall apply in person for the initial
permit and that renewal of a permit shall be annually or
semi-annually and in accordance with the conditions and
procedures as specified by the City Manager or a
designee and approved by the City Commission.
o the City Manager or a designee is authorized to to make
provisions for the issuance and collection of temporary
permit fees and the issuance of special permits to bona
fide visitors to residences within designated residental
permit parking areas
o the City Manager or a designee is authorized to revoke
permits and assess penalties for non-compliance
CONCLUSION:
The City Commission should adopt the attached ordinance following
the scheduled public hearing in order to amend Chapter 44 of the
Miami Beach City Code entitled "Vehicles and Traffic"; Article XII
entitled "Residential Parking Permits" . These changes will provide
for more effective management of the Parking Department.
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