Ordinance 2024-4595 ORDINANCE NO.1 2024-4595
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 106 OF THE MIAMI BEACH
CITY CODE, ENTITLED"TRAFFIC AND VEHICLES," BY AMENDING ARTICLE
I, ENTITLED "IN GENERAL," BY AMENDING SECTION 106-6, ENTITLED
"PARKING IN CERTAIN AREA," BY ESTABLISHING DUTIES OF PROPERTY
OWNERS WITH RESPECT TO THE PROHIBITION ON PARKING ON THE
OUTLOTS OF INDIAN CREEK LOCATED WEST OF COLLINS AVENUE,
NORTH OF 41ST STREET; UPDATING PENALTIES FOR VIOLATIONS; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 5 ("Off-Street Parking"), Article III ("Design Standards")
of the City of Miami Beach ("the City") Resiliency Code, it is unlawful to use, inter alia, the outlots
of Indian Creek, the same being that area bounded on the east by the westerly line of Collins
Avenue, on the west by the easterly bulkhead line of Indian Creek, on the north by the southerly
line of 55th Street extended, and on the south by the northerly line of 41st Street ("the Outlots"),
as a parking lot without meeting the design standards set forth there; and
WHEREAS, the Outlots do not meet the design standards set forth in City law; and
WHEREAS,individuals using the Outlots for parking of vehicles create a danger because
they have to stop in dangerous areas of Indian Creek Drive and drive their vehicles over a curb
not designed for vehicles to traverse; and
WHEREAS, individuals using the Outlots for parking disturb the health, safety and welfare
of residents and other motorists in the area; and
WHEREAS, accordingly, changes to Section 106-6 of the City Code, governing Outlots
on Indian Creek, are necessary for the health, welfare, and safety of the City.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS:
SECTION 1. That Section 106-6 of Chapter 106 of the City Code is amended created as follows:
CHAPTER 106
TRAFFIC AND VEHICLES
ARTICLE I. IN GENERAL
* * *
Sec. 106-6. Parking in Outlots of Indian Creek certain-area.
(a) It is unlawful to use the outlots of Indian Creek parking of motor vehicles in that area
referred to as the outlots of Indian Creek, the same being that area bounded on the east by the
westerly line of Collins Avenue, on the west by the easterly bulkhead line of Indian Creek, on the
north by the southerly line of 55th Street extended, and on the south by the northerly line of 41 st
Street (the "Outlots"), as a parking lot without meeting the design standards set forth in City law
shall be deemed a nuisance detrimental to the convenience, comfort and safety of the citizens of
the city; and the creation--off Bch a n iisance is hereby declared to be unlawful anti hereby
prohibited.
(b) In furtherance of this prohibition, property owners of any portion of the Outlots shall:
(i) prohibit any vehicle from parking, stopping, or standing at any time on the Outlots;
(ii)enter into a contract as required by City Sec 106-268(7)with a private towing company
authorized to do business in the City to immediately tow any vehicle parked, stopped, or
standing on of any portion of the Outlots owned by the property owner, which contract
must authorize the towing company to immediately tow any vehicle parked, stopped, or
standing on the property owner's Outlot(s), upon the property owner's, the towing
company's, or any City representative's observation of any vehicle parked on the property
owner's Outlot(s); and
(iii) post all required signage to authorize towing, in compliance with all applicable laws
including, but not limited to, City Code section 106-262(a)(3) and Fla. Stat. 715.07.
(c) The property owners of any portion of the Outlots shall also regularly monitor unlawful
parking, stopping, or standing of vehicles on its Outlot(s) and shall call the contracted private
towing company, within thirty (30) minutes, to request the removal of any such vehicle(s) found
to be parked, stopped, or standing on its Outlot(s).
(d) Any property owner that fails to comply with the requirements of this section shall be cited
by the City's Code Compliance Department and fined $1,000 per day for a first violation and
$5000 per day for each subsequent violation.
so illegally parked in the manner provided by County Code chapter 30 and F.S. § 705.101
ct seq.
* *
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith 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. 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 5. EFFECTIVE DATE.
This Ordinance shall take effect on the A day of . , 202 .
PASSED AND ADOPTED this a/ day of Q6✓49/ , 202_.
ATTEST:
-41 FEB 2 3 2024 Steven Meiner, Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO •
(Sponsored by Commissioner David Suarez) FORM &LANGUAGE
&FOA EXECUTION
'. :SS City Attorney
+f��,9�C�f�^' Win:
Ordinances-R5 G
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: February 21, 2024
10:40 a.m. Second Reading Public Hearing
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 106 OF THE MIAMI
BEACH CITY CODE, ENTITLED "TRAFFIC AND VEHICLES,"
BY AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY
AMENDING SECTION 106-6, ENTITLED "PARKING IN CERTAIN AREA,"
BY ESTABLISHING DUTIES OF PROPERTY OWNERS WITH RESPECT
TO THE PROHIBITION ON PARKING ON THE OUTLOTS OF
INDIAN CREEK LOCATED WEST OF COLLINS AVENUE, NORTH OF
41ST STREET, AND UPDATING PENALTIES FOR VIOLATIONS;
AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE.
BACKGROUND/HISTORY
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify name of lobbyist(s)and principal(s): N/A
ANALYSIS
The proposed Ordinance was approved on first reading at the January 31, 2024 City
Commission meeting. No changes have been made between first and second reading.
The Business Impact Estimate (BIE)was published on February 9,2024.
See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
N/A
Page 529 of 1278
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner David Suarez
ATTACHMENTS:
Description
o Memorandum
o Ordinance
Page 530 of 1278
MAM BEACH
Rafael A.Paz,City Attorney
City of Miami Beach. 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miomibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Steven Meiner and Members of the City Commission
Alina T. Hudak, City Manager
FIRST READING
FROM: Rafael A. Paz, City Attorney
DATE: December 13, 2023
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA,AMENDING CHAPTER 106 OF THE MIAMI BEACH
CITY CODE,ENTITLED"TRAFFIC AND VEHICLES,"BY AMENDING ARTICLE
I, ENTITLED "IN GENERAL," BY AMENDING SECTION 106-6, ENTITLED
"PARKING IN CERTAIN AREA," BY ESTABLISHING DUTIES OF PROPERTY
OWNERS WITH RESPECT TO THE PROHIBITION ON PARKING ON THE
OUTLOTS OF INDIAN CREEK LOCATED WEST OF COLLINS AVENUE,
NORTH OF 41ST STREET, AND UPDATING PENALTIES FOR VIOLATIONS;
AND PROVIDING FOR REPEALER,SEVERABILITY,CODIFICATION,AND AN
EFFECTIVE DATE.
The attached Ordinance was prepared at the request of Commissioner David Suarez for
consideration at the December 13, 2023 City Commission meeting.
Pursuant to Chapter 5 ("Off-Street Parking"), Article III ("Design Standards")of the City of Miami
Beach ("the City") Resiliency Code, it is unlawful to use the outlots of Indian Creek, the same
being that area bounded on the east by the westerly line of Collins Avenue, on the west by the
easterly bulkhead line of Indian Creek, on the north by the southerly line of 55th Street extended,
and on the south by the northerly line of 41 st Street("the Outlots"),as a parking lot without meeting
specified design standards.
The Outlots do not meet the design standards set forth in City law. The use of the Outlots for
parking of vehicles in this area creates a danger to pedestrians and motor vehicles, as well as a
disruption to the flow of traffic, as individuals must drive over a curb in order to access this area,
not designed for parking of vehicles.
The proposed Ordinance would require property owners of any portion of the Outlots to(1)prohibit
any vehicle from parking,stopping,or standing at any time on the Outlots; (2)enter into a contract
with a private towing company to remove violators when observed by tow truck drivers, City staff,
or the property owners' staff; (3) monitor the Outlots for illegally parked vehicles and have them
removed within thirty(30) minutes; and (4)post required signage to authorize towing.
Any property owner that failed to comply with the requirements of this Ordinance would be cited
by the City's Code Compliance Department and fined $1,000 per day for a first violation and
$5000 per day for each subsequent violation.
RAP/FA/ag
Page 531 of 1278