92-2818 Ordinance
ORDINANCE NO.
92-2818
AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING MIAMI BEACH CITY CODE
CHAPTER 25, ENTITLED "OFFENSES-MISCELLANEOUS"
BY ADDITION OF SECTION 25-34, ENTITLED "REPAIR
AND MAINTENANCE OF MOTOR VEHICLES ON PUBLIC
RIGHT-OF-WAYS PROHIBITED", PROHIBITING THE
REPAIR AND MAINTENANCE OF MOTOR VEHICLES ON
PUBLIC RIGHT-OF-WAYS, EXCEPT FOR EMERGENCY
REPAIRS; PROVIDING FOR REPEALER, SEVERABILITY
AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
SEC'l';I.ON 1.
ADDITION OF SECTION 25-34
That Miami Beach city Code Chapter 25, entitled "Offenses-
Miscellaneous" is hereby amended by addition of Section 25-34 to
read as follows:
Sec. 25-34.
Repair and maintenance of motor vehicles in
public riqht-of-wavs prOhibited.
(a) For purposes of this section the following words shall
have the following meaninqs:
111 Emerqencv Re~air.
Repair performed on a vehicle
which has become inoperable when such repair l} can be
and is performed within one (ll hour's continuous work
time. 2) is commenced within twelve (12) hours of the
time when the vehicle became inoperable. 3) and is no
more extensive than necessary to make the vehicle
operational.
il.l. Motor Vehicle.
Every self-propelled device in.
upon. or bv which any person or property is or may be
transported or drawn upon a public riqht-of-way.
exceptinq devices moved bY human power or exclusivelY
upon rails or tracks.
.ill public Riqht-of-Wav. Every way set apart for public
travel in motor vehicles. includinq but not limited to
streets. roadways. alleys.. hiqhways. and portions of
driveways which cross a public sidewalk.
ilL Repair. Fix. adjust. 'chanqeoil. qrease. or perform
other maintenance or repair work: except that repair
1
shall not include the chanqinq of a flat tire or
iumpstartinq of a motor.
lQl Except for emerqency repairs. no person shall repair a
motor vehicle upon any public riqht-of-way within the City of
Miami Beach.
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and the same are hereby repealed.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
31st
day of
October
, 1992.
PASSED and ADOPTED this
, 1992.
ATTEST:
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CITY CLERK
1st reading 10/8/92
2nd reading 10/21/92
Requested by Commissioner Susan F.
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OFFICE OF THE CITY A HORNEY
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CITY ATTORNEY
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POBOX 0
MIAMI BEACH, FLORIDA 33' ,9-2032
TELEPHONE (305) 673-7470
TELECOPY 1305i 673-7002
L.AURENCE FEINGOL.D
COMMISSION MEMORANDUM NO:
(Poo-q"
DATE:
OCTOBER 8, 1992
FROM:
MAYOR SEYMOUR GELBER AND
MEMBERS OF THE CITY COMMISSION
CITY MANAGER ROGE~R' 7,AR ON
LAURENCE FEINGOLD
CITY ATTORNEY .,
TO:
SUBJECT:
ORDINANCE PROHIBITING REPAIR OF VEHICLES IN PUBLIC RIGHT-
OF-WAYS
Commissioner Susan F. Gottlieb requested that the City
Attorney I s Office draft an ordinance prohibiting the repair of
motor vehicles i.n public right-of-ways within the City. The
ordinance which would be included in Miami Beach City Code Chapter
25, "Offenses-Miscellaneous", also prohibits maintenance work such
as changing oil, greasing and tuning-up cars: however jumpstarting
a vehicle or changing a flat tire permitted. The ordinance also
permits emergency repairs on a disabled vehicle when the repairs 1)
can be and are performed in one hours' time, 2) are performed
within twelve hours of the time the vehicle became inop~rable and
3) are no more extensive than necessary to enable the operation of
the vehicle.
violations of this ordinance would be enforced by issuance of
a citation and "Promise to Appear" for county Court by a police
officer. The general penalty for violations of municipal
ordinances found in Section 1.8 of the city Code would be
applicable. This penalty provides for a fine of up to one thousand
dollars ($1,000) and/or by imprisonment for up to ninety (90) days.
Dade County and the City of Miami also have ordinances
prohibiting vehicle repairs in public right-of-ways.
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AGENDA
ITEM
DATE
R- 3-G
IO-21-9~
'700 CONVENTION CENTER DRIVE - FOURTH FLOOR - MIAMI BEACH, FLORIDA 33139