Resolution 2019-30856 RESOLUTION NO. 2019-30856
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY
MANAGER TO INITIATE AN APPROPRIATE INVESTIGATION,
AND TO TAKE ANY NECESSARY ACTION TO ADDRESS
THOSE ALLEGATIONS PERTAINING TO THE CONDUCT OF
CERTAIN PRIVATE PARKING LOT OWNERS AND
OPERATORS IMPROPERLY ISSUING PARKING CITATIONS,
TICKETS AND FINES, WHICH PORTRAY OFFICIAL
GOVERNMENTAL DOCUMENTS, TO THOSE MOTORISTS
WHO PARK THEIR VEHICLES IN PRIVATE PARKING LOTS
WITHIN THE CITY OF MIAMI BEACH.
WHEREAS, the City of Miami Beach ("City") is aware of complaints concerning
owners or operators of private parking lots in the City issuing "parking citations" or
"tickets" to customers who did not pay for the usage of the parking lot or whose time for
parking has expired; and
WHEREAS, these "parking citations" or "tickets" are designed to impart the
impression of real Miami-Dade County Uniform Parking Citations or tickets in form,
substance and/or appearance; and
WHEREAS, a local or county governmental entity is legally authorized to issue
legitimate parking citations to the owner(s) of those vehicle(s) found in violation of a city
or county ordinance, and any civil fine associated with such violation is the responsibility
of the registered owner of the vehicle; and
WHEREAS, the Miami Beach City Code and the Miami-Dade County Code do
not regulate the issuance of such violations occurring in private parking lots, thereby
rendering these parking citations or tickets null and void; and
WHEREAS, an unsuspecting motorist may not realize that they have received a
"parking citation" or "ticket" from a private parking lot owner or operator, as opposed to
an authentic Miami-Dade County Uniform Parking Citation; and
WHEREAS, the City's residents and visitors may be paying these monetary fines
for violations under false and misleading pretenses, and thereby inappropriately
enriching the private parking lot owner or operator; and
WHEREAS, the City Manager should take any appropriate action to investigate
the practice of the issuance of these "parking citations" or "tickets" to ensure that such
documents do not suggest official governmental action.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby direct the City Manager to initiate an appropriate investigation, and
to take any necessary action necessary to address those allegations pertaining to the
conduct of certain private parking lot owners and operators improperly issuing parking
citations, tickets and fines, which portray official governmental documents, to those
motorists who park their vehicles in private parking lots within the City of Miami Beach.
PASSED AND ADOPTED this 5th day of June, 2019.
ATTEST:
Dan Gelber, Mayor
A I J t O91t
Rafa-I E. ' anado, City Clerk
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MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, City Attorney
DATE: June 5, 2019
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY MANAGER TO
INITIATE AN APPROPRIATE INVESTIGATION, AND TO TAKE ANY
NECESSARY ACTION TO ADDRESS THOSE ALLEGATIONS PERTAINING
TO THE CONDUCT OF CERTAIN PRIVATE PARKING LOT OWNERS AND
OPERATORS IMPROPERLY ISSUING PARKING CITATIONS, TICKETS
AND FINES, WHICH PORTRAY OFFICIAL GOVERNMENTAL DOCUMENTS,
TO THOSE MOTORISTS WHO PARK THEIR VEHICLES IN PRIVATE
PARKING LOTS WITHIN THE CITY OF MIAMI BEACH.
RECOMMENDATION
Pursuant to the request of Commissioner Michael Gongora, the above-referenced Resolution is
submitted for consideration by the Mayor and City Commission at the June 5, 2019
Commission meeting.
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Michael Gongora
ATTACHMENTS:
Description
D Resolution
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