Ordinance 94-2915 ORDINANCE NO. 94-2915
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE
CHAPTER 44, ENTITLED "VEHICLES AND TRAFFIC", AMENDING
ARTICLE IV, ENTITLED "OFF-STREET PARKING FACILITIES" BY
ADDITION OF SECTION 44-27B, PROHIBITING ENTRY TO CITY
PARKING GARAGES OTHER THAN FOR PURPOSES OF LAWFULLY
PARKING, ENTERING OR REMOVING A MOTOR VEHICLE OR
TRANSACTING BUSINESS RELATING TO PARKING AT THAT
FACILITY; PROVIDING FOR EXCEPTIONS; REQUIRING THE POSTING
OF WARNING SIGNS AT ENTRANCES AND EXITS TO CITY PARKING
GARAGES AND VERBAL WARNINGS PRIOR TO THE ISSUANCE OF
CITATIONS AND ARRESTS; PROVIDING FOR ENFORCEMENT AND
PENALTIES; PROVIDING FOR REPEALER, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the traffic generated by motor vehicles on route to
parking spaces inside City parking garages and the frequent
maneuvering of motor vehicles in and out of parking spaces in the
garages make such garages an unsafe place for eating, drinking,
sleeping, sitting outside of vehicles and standing in areas
traversed by motor vehicles; and
WHEREAS, City parking garages are structures designed,
constructed and dedicated solely for the purpose of providing
spaces for the parking of motor vehicles; and
WHEREAS, the parking spaces, stairways, walkways, elevators
and traffic lanes in City parking garages are needed for use by
residents and visitors in the City requiring such facilities for
parking motor vehicles.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. ADDITION OF SECTION 44-27B.
That Article IV, entitled "Off-Street Parking Facilities" of
Miami Beach City Code Chapter 44 , entitled "Vehicles and Traffic"
is hereby amended by addition of Section 44-27B to read as follows:
Sec. 44-27B. City parking garages - entry prohibited except for
parking purposes; exceptions; signage and warning;
penalty.
(a) It shall be unlawful to enter a City parking garage
within the City of Miami Beach other than for the purpose of
lawfully parking, entering or removing a motor vehicle or
transacting business relating to parking at that facility.
(b) Definitions. For purposes of this Section the following
words shall have the following meanings:
1) "City" shall mean the City of Miami Beach.
2) "City parking garage" shall mean a structure of two
or more stories operated by an attendant or fitted with
coin operated parking meters open to the public for the
purposes of parking of motor vehicles, and operated,
owned, or leased by the City of Miami Beach or located on
land or in air rights owned by the City of Miami Beach.
3) "Motor Vehicle" shall mean any self-propelled device
in, upon, or by which any person or property is or may be
transported or drawn upon a public right-of-way,
excepting devices moved by human power or exclusively
upon rails or tracks.
(c) The following persons shall be exempt from the
restrictions of paragraph (a) above:
1) Attendants or other persons employed by the City or
the garage operator while working in the garage.
2) Law enforcement officers, firefighters, ambulance
attendants and other emergency personnel, and
employees of the City of Miami Beach while on duty
and performing functions in or related to the
operation of the garage.
3) Persons entering for purposes of lawfully parking
or removing a bicycle.
4) Persons transacting business relating to parking at
that facility.
Jd) A Sign shall be posted at each entrance and exit to a
City parking garage warning against prohibited entry.
le) Violators of this Section shall be cited and prosecuted
and punished as provided in Miami Beach City Code Section 44-
42 herein. Any violator who refuses to leave a City parking
garage immediately after receiving a warning from a law
enforcement officer or an employee of the City of Miami Beach
or a contractor operating the facility may be arrested by a
2
law enforcement officer as provided in Section 901. 15, Florida
Statutes (1993) and amendments thereto.
(f) Prior to issuing a citation or making an arrest for a
violation of paragraph (a) herein, the law enforcement officer
shall ascertain that a law enforcement officer, or employee of
the City of Miami Beach or a contractor operating the facility
has given a verbal warning to the violator. No citation or
arrest shall occur if the violator leaves the City parking
garage immediately after said warning; except that a violator
who has received a previous warning within the last twelve
(12) months may be cited immediately.
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.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect on the 30 day of
April , 1994 .
PASSED AND ADOPTED this 20th day of April.
AllkilaIL
ATTEST: _
MAYOR
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CITY CLERK
1st reading 4/6/94
2nd reading 4/20/94
•
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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.
April 20, 1994
TO: Mayor Seymour Gelber and DATE:
Members of the City Commission
FROM: Roger
City Manage
SUBJECT:
AMENDMENT TO MIAMI BEACH CITY CODE CHAPTER 44, ENTITLED
"VEHICLES AND TRAFFIC" AMENDING ARTICLE IV ENTITLED "OFF
STREET PARKING FACILITIES: BY ADDITION OF SECTION 44-27B,
PROVIDING CERTAIN RESTRICTION AND EXCEPTIONS.
ADMINISTRATION RECOMMENDATION
The Administration recommends the City Commission adopt the
proposed Amendment to Miami Beach City Code Chapter 44 as proposed
on the first reading.
BACKGROUND
This item was heard for first reading on April 6, 1994. In recent
months, there have been incidents involving pedestrians in City
garages and parking lots. These pedestrians have the potential for
being injured as well as causing injuries to others.
This amendment prohibits any activity, except those activities
which relate to the purpose of the structure; provides for signage,
warning, and exceptions; and enables garage personnel in
conjunction with police officers to initiate measures to ensure the
public safety.
CONCLUSION
This proposal is intended to reduce the risk of vehicle-pedestrian
traffic accidents and enhance customer safety in the garage
facilities of the City of Miami Beach.
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