Ordinance 2019-4261 ORDINANCE NO. 2019-4261
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 82,
ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE IV,
ENTITLED "USES IN PUBLIC RIGHTS-OF-WAY," BY
AMENDING DIVISION 2, ENTITLED "TEMPORARY
OBSTRUCTIONS," BY AMENDING SECTION 82-151, ENTITLED
"PERMIT REQUIRED," BY AMENDING SUBSECTION 82- 151
(E)(1), ENTITLED "PENALTIES FOR VIOLATIONS," BY
AMENDING THE FINE SCHEDULE TO FOUR OFFENSES WITH
THE FIRST OFFENSE COMMENCING AT $500; SECOND
OFFENSE $1,000; THIRD OFFENSE $5,000; AND FOURTH
OFFENSE $10,000; PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission. approved a referral to
Neighborhoods and Community Affairs Committee (NCAC) an agenda item pertaining
to on-street truck loading (item C4H); and
WHEREAS, the NCAC made a recommendation to revise the Fine Schedule for
violations issued pursuant to Section 82-151; and
WHERAS, the NCAC recommended to amend the fine schedule for these
offenses, acknowledging that the first offense would result in a $500 fine; second
offense a $1,000 fine; third offense a $5,000 fine; and the fourth offense a $10,000 fine;
and
WHEREAS, the reduction in these fines were discussed at the March 20, 2019
NCAC, which issued a recommendation in favor of adopting the reduced fine schedule.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. Chapter 82, "Public Property," Article IV, "Uses in Public Rights-Of-Way,"
Division 2, "Temporary Obstructions," Section 82-151, "Permit Required," of the Code of
the City of Miami Beach, Florida, is hereby amended as follows and additional sections
that are not amended are provided for reference purposes:
CHAPTER 82
PUBLIC PROPERTY
* * *
ARTICLE IV. Uses in Public Rights-of-Way
DIVISION 2. Temporary Obstructions
* * *
Sec. 82-151. — Permit Required.
* * *
(e) Penalties and enforcement.
(1) Penalties for violations. The following penalties shall be imposed for a violation
of subsections (b), (c)(1) through (c)(5), or(d):
a. The penalty for the first violation by a person or entity within a 12-month
period shall be a civil fine of$170-041-00 $500.00;
b. The penalty for the second violation by a person or entity within a 12-month
period shall be a civil fine of$57000.00 $1,000.00;
c. The penalty for the third violation by a person or entity within a 12-month
period shall be a civil fine of$1-0700-04)0 $5,000.00;
d. The penalty for the fourth violation by a person or entity within a 12-month
period shall be a civil fine of$10,000
de.The fourth fifth or subsequent violation by a person or entity within a 12-
month period shall constitute an offense enforceable pursuant to section 1-
14 of this Code.
* * *
SECTION 2. 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 re-lettered to accomplish such intention, and the word
"ordinance" may be changed to "section," "article," or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten (10) days following adoption.
PASSED and ADOPTED this 9 day of 4 2019.
ATTEST:
Dan Gelber, Mayor
` ;• /S9
Rafael E. Granado, City Clerk
(Sponsored by Vice-Mayor Joy Malakoff)
Underline denotes new language
Strike thro gh denotes deletions
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MIAMI BEAH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: May 8, 2019
10:20 a.m. Second Reading Public Hearing
SUBJECT: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 82, ENTITLED "PUBLIC
PROPERTY," BY AMENDING ARTICLE IV, ENTITLED "USES IN PUBLIC
RIGHTS-OF-WAY," BY AMENDING DIVISION 2, ENTITLED "TEMPORARY
OBSTRUCTIONS," BY AMENDING SECTION 82-151, ENTITLED "PERMIT
REQUIRED," BY AMENDING SUBSECTION 82-151 (E)(1), ENTITLED
"PENALTIES FOR VIOLATIONS," BYAMENDING THE FINE SCHEDULE TO
FOUR OFFENSES WITH THE FIRST OFFENSE COMMENCING AT $500;
SECOND OFFENSE $1,000; THIRD OFFENSE $5,000; AND FOURTH
OFFENSE $10,000; PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY,AND AN EFFECTIVE DATE.
RECOMMENDATION
Neighborhoods and Community Affairs Committee (NCAC):
On February 13, 2019, the Mayor and Commission approved a referral to NCAC regarding on-
street truck loading (item C4H).
This item and other related issues were discussed at the March 19, 2019 NCAC. The NCAC
made various recommendations including revising the Right-of-Way(ROW) Fine Schedule.
Administration Recommendation:
The Administration recommends the City Commission approve the attached Ordinance on
Second Reading and Final Public Hearing.
ANALYSIS
The current ROW fine schedule is as follows:
1st Violation-$1,000
2nd Violation-$5,000
Page 404 of 1102
3rd Violation-$10,000.
The aforementioned fine schedule for ROW violations is aggressive. This was approved by a
former City Commission to achieve compliance and it is important to note that the reduction of
these fines may have an adverse impact on traffic congestion by way of increased travel lane
obstructions.
The NCAC recommended to amend the right-of-way fine schedule to four offenses with the first
offense commencing at$500; second offense $1,000; third offense $5,000; and fourth offense
$10,000.
This item was discussed at the March 20, 2019 Neighborhoods and Community Affairs
Committee (NCAC) recommended in favor if its adoption.
CONCLUSION
The Administration recommends the City Commission approve the attached Ordinance on
Second Reading and Final Public Hearing.
Legislative Tracking
Parking
Sponsor
Vice-Mayor Joy Malakoff
ATTACHMENTS:
Description
o Ordinance
Page 405 of 1102