2012-3774 Ordinance ORDINANCE NO., 2012-3774
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 106, "TRAFFIC
AND VEHICLES;" ARTICLE VI, "TOWING AND IMMOBILIZATIONS;99
SECTION 262(x)(5), "VEHICLES PARKED ON PRIVATE PROPERTY;
TOWING;" REQUIRING NOTIFICATION OF PRIVATE PROPERTY
AND AUTOMATED PAYMENT MACHINE USE; PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY AND AN EFFECTIVE
DATE.
WHEREAS, on February 8, 2012, at the request of Commissioner Libbin, the
Mayor and City Commission approved a referral to the Neighborhoods and Community
Affairs Committee ("NCAC") for a discussion regarding a draft ordinance to regulate
private parking lots or facilities with automated parking systems; and
WHEREAS, the NCAC held discussions and deemed that private property
owners should be required to provide notice, in the manner described herein, to the
public identifying a private parking facility as private property and not a municipal
parking facility, including penalties for non-payment and/or overtime parking; and
WHEREAS, on May 22, 2012, the NCAC held a follow-up discussion, at its
scheduled meeting, regarding the proposed amendment to the City Code and approved
the proposed amendment contained herein; and
WHEREAS, on July 18, 2012, the Mayor and Commission approved the
proposed amendments on first reading; directed the Administration to revise certain
components of the notice; and scheduled a second and final public hearing on the
matter; and
WHEREAS, the proposed amendment set forth below is necessary to
accomplish the objectives set forth above.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 106, "Traffic And Vehicles;" Article VI, "Towing And
Immobilizations;" Section 106-262, "Vehicles Parked On Private Property; Towing;" is
hereby amended by adding a new subsection (a)(5), as follows:
Section 106-262. Vehicles Parked On Private Property; Towing.
(a) A property owner may cause any vehicle parked on his property without his
permission to be removed by a business enterprise without liability for the costs of
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removal, transportation or storage or damages caused by such removal, transportation
or storage, under any of the following circumstances:
(1) When the property is appurtenant to and obviously a part of a single-family
residence property;
(2) When the property is obviously not intended to be used for parking vehicles;
(3) In the case of any other property, when notice is prominently posted on the
property in compliance with F.S. § 715.07, or has been personally given to the owner or
driver of the vehicle that the area in which such vehicle is parked is reserved or is
otherwise unavailable for unauthorized vehicles; or
(4) When the vehicle has been parked in the same place without authorization for
more than 48 hours.
(5) In unattended private lots using automated payment systems, following
Payment and expiration of_parking fees, the property owner may remove vehicles for
nonpayment or overtime parking, only if the owner has provided notice prominently
posted on the property in compliance with the standards of F.S. §715.07, that the
property is private, nonpayment or overtime parking may result in the vehicle being
towed, and whether in-car meters or similar devices offered by the City of Miami Beach
are honored on the private property. All notices shall be posted as follows:
a. At the entrance and exit of the facility;
b. On transactional parking tickets, receipts, and/or any other
standardized ticket or receipt used by patrons to make payment for use
of the facility; and
c. At the automatic payment machine or any other equipment or
machine used to accept and/or process payment for use of the facility.
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 relettered 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 days following adoption.
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2012-3774
PASSED AND ADOPTED this 12thday of September , 2012.
MA OR
ATTEST:
CI C N APPROVED AS TO
ORA1E�=
ORM & LANGUAGE
FOR EXECUTION
First Rea'in(1�,July zo9)j
"_ B�.
Second Re4`l, g pr 2012 `-
C' orney to
Underscore denotes new language
SW 04 denotes deleted language
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rev 9-5-12.doc
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COMMISSION ITEM SUMMARY
Condensed Title:
Amendment of the City Code Chapter 106, "Traffic and Vehicles"; Article VI, "Towing and
Immobilizations"; Section 262(a)(5), "Vehicles Parked On Private Property; Towing"; Requiring
Notification Of Private Property With Automated Payment Machine Use; Providing For Codification,
Repealer, Severability And Effective Date.
Key Intended Outcome Supported:
Issue:
Shall the City Commission approve the proposed amendment to the City Code requiring notice
at private parking facilities with automated payment machines?
Item Summa /Recommendation:
On July 18, 2012, the Mayor and Commission approved the proposed amendments to the City Code
relating to private parking facilities with automated payment machines. The City Commission directed
the Administration to revise the language for the proposed notice by prominently stating that the
penalty for unauthorized use; non-payment; and overtime parking is the towing of the vehicle at the
owner's expense. The notice (see attached) has been revised to reflect this change.
On February 8, 2012, the Mayor and City Commission approved a referral to the Neighborhoods and
Community Affairs Committee (NCAC) for a discussion regarding a draft ordinance to regulate private
parking lots or facilities with automated parking systems.
On May 22, 2012, the NCAC held a follow-up discussion, regarding the proposed amendment to the
City Code and recommended approval of the proposed ordinance, including the attached notice which
must be prominently posted at all times. The City Attorney's Office and the Administration drafted the
following amendment to the City Code and notice (see attached) regulating enforcement of private
parking facilities with automated parking systems.
FISCAL IMPACT—The City Administration evaluated the long term economic impact(at least 5 years)
of this proposed legislative action and determined that the proposed Ordinance would have no fiscal
impact to the City.
The Administration recommends that the Mayor and Commission approve the proposed
ordinance on second and final public hearing on September 12, 2012.
Advisory Board Recommendation:
Neighborhoods and Community Affairs Committee endorsed this amendment to the City Code on
May 22, 2012.
Financial Information:
Source of Amount Account Approved
Funds:
1 $
OBPI Total $
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Saul Frances, Parking Director
Sign-Offs:
Department Director Assis t City Manager City Manager
SF PDW KGB
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AAIAMI BE AGENDA ITEM Ps, �
DATE t?-12- �Z
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Kathie G. Brooks, Interim City Manager /64-
DATE: September 12, 2012 Second and Final Public Hearing
SUBJECT: PRIVATE PARKING FACILITIES WITH AUTOMATED PAYMENT
MACHINES
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 106, "TRAFFIC AND
VEHICLES"; ARTICLE VI, "TOWING AND IMMOBILIZATIONS"; SECTION
262(a)(5), "VEHICLES PARKED ON PRIVATE PROPERTY; TOWING";
REQUIRING NOTIFICATION OF PRIVATE PROPERTY WITH AUTOMATED
PAYMENT MACHINES; PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission approve the proposed
ordinance at the second and final public hearing on September 12, 2012.
RESULTS OF FIRST READING AT THE CITY COMMISSION MEETING OF 7/18/12
On July 18, 2012, the Mayor and Commission approved the proposed amendments to
the City Code relating to private parking facilities with automated payment machines.
The City Commission directed the Administration to revise the language for the
proposed notice by prominently stating that the penalty for unauthorized use; non-
payment; and overtime parking is the towing of the vehicle at the owner's expense. The
notice (see attached) has been revised to reflect this change.
ANALYSIS
On February 8, 2012, at the request of Commissioner Libbin, the Mayor and City
Commission approved a referral to the Neighborhoods and Community Affairs
Committee (NCAC) for a discussion regarding a draft ordinance to regulate private
parking lots or facilities with automated parking systems.
On March 27, 2012, the NCAC held a discussion on the item and directed the City
Attorney's Office and the Administration to amend the draft of the ordinance to include
the following requirements:
• Conspicuously posted notices advising that the subject property is "Private
Property" and said facility is operated with Automated Payment Machines
(APMs).
• Nonpayment and/or overtime parking violations may result in their vehicle being
towed at the owner's expense only after a one (1) hour grace period has been
provided before removal.
• The aforementioned information shall be prominently and conspicuously posted
as follows (see attached):
• At the entrance and exit of the facility.
• On transactional parking tickets, receipts, and/or any other
standardized ticket or receipt used by patrons to make payment
for use of the facility.
• At the APM or any other equipment or machine used to accept
and/or process payment for use of the facility.
• In-car meters or similar devices offered by the City of Miami
Beach are not honored on private property.
On May 22, 2012, the NCAC held a follow-up discussion regarding the proposed
amendment to the City Code and approved the aforementioned recommendations,
including the attached notice which must be prominently posted at all times. It is
important to note that the NCAC did not approve the requirement to have a one (1) hour
grace period before removal of the vehicle.
The City Attorney's's Office and the Administration drafted the following mendment to the
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City Code and notice (see attached) regulating enforcement of private parking facilities
with automated parking systems.
Miami Beach City Code Chapter 106
Section 106-262 (a) (5)
(5) In unattended private lots using automated payment systems, following payment
and expiration of parking fees, the property owner may remove vehicles for
nonpayment or overtime parking, only if the owner has provided notice
prominently posted on the property in compliance with the standards of F.S.
715.07, that the property is private and nonpayment or overtime parking may
result in the vehicle being towed. All notices shall be posted as follows:
• At the entrance and exit of the facility.
• On transactional parking tickets, receipts, and/or any other
standardized ticket or receipt used by patrons to make payment
for use of the facility.
• At the APM or any other equipment or machine used to accept
and/or process payment for use of the facility
• In-car meters or similar devices offered by the City of Miami
Beach are not honored on private property.
FISCAL IMPACT
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long term economic
impact (at least 5 years) of this proposed legislative action and determined that the
proposed Ordinance would have no fiscal impact to the City.
CONCLUSION
The Administration recommends that the City Commission approve the proposed
ordinance upon first reading and set a second reading and public hearing for September
12, 2012.
KGB/PDW/S
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WARNING- NOTICE
THE PENALTY FOR UNAUTHORIZED
USE, NONPAYMENT, OR OVERTIME
PARKING ON PRIVATE PROPERTY
IS THE TOWING OF THE VEHICLE AT
THE OWNER'S EXPENSE.
IF YOU DO NOT PAY OR PARK IN
EXCESS OF THE- TIME PURCHASED,
YOUR VEHICLE MAY BE TOWED.
THIS FACILITY IS PRIVATE PROPERTY
THIS IS NOT A CITY OF MIAMI BEACH MUNICIPAL
PUBLIC PARKING FACILITY.
MUNICIPAL PAYSTATION RECEIPTS; PARKING
PERMITS; AND/OR IN-CAR METERS ARE
NOT HONORED AT THIS FACILITY.
THE EXPENSE TO RECOVER YOUR VEHICLE
FROM THE TOWING SERVICE IS SUBJECT TO
MAXIMUM ALLOWABLE TOWING RATES.
I
NE :_ THURSDAY,AUGUST 23;2012:.f. 19HE
MIAM] BEACH,
-CITY OF MIAMI BEACH
- NOTICE OF PUBLIC HEARINGS -
NOTICE IS HEREBY given that second readings and public hearings will be held by the Mayor
and City Commission of the City of Miami Beach,Florida,in the Commission Chambers,3rd Floor,
City Hall,1700 Convention Center Drive,Miami Beach, Florida,on WEDNESDAY,September 12,
2012 to consider the following:
11:10 a.m.
Ordinance Amending The Miami. Beach City Code By Amending Chapter 2,Entitled "Administration,"
By Amending Article lit,Entitled"Agencies, Boards And Committees," By Creating Division 33,7o Be
Entitled"Tennis Advisory Committee,"And By Creating Section 2-190.148 To Create A Tennis Advisory
Committee And Provisions Establishing The Committee And its Purpose,Powers And Duties,Composition,
And Supporting Department.
Inquiries may be directed to the Parks and Recreation Department at.(3O4)673-7730.
I -
i
11:20 a.m.
Private Parking Facilities With Automated Payment Machines
Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 106,"Traffic And
Vehicles";Article Vl, "Towing And Immobilizations"; Section 262(a)(5), °Vehicles Parked On Private
Property;Towing";Requiring Notification Of Private Property With Automated Payment Machine Use.
Inquiries may be directed to the Parking Department at(304)673-7275..
11:30 a.m.
Artificial Grass:
Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach,By
Amending Chapter 142, "Zoning Districts And Regulations,"Article III, "Overlay Districts," Division 2, `
"Dune Preservation Overlay," By Amending Section 142-774, "Uses And Structures Permitted," To
Establish Policies Regarding The Installation Of Synthetic Grass. r
Inquiries may be directed to the Planning Department at(304)673-7550. C
f
11:40 a.m.
Ordinance Amending Ordinance No. 1605, The Unclassified Employees Salary Ordinance Of The
City Of Miami Beach, Florida (The "Ordinance"), By Amending The Salary Ranges and Establishing
Compensation Provisions For The City Manager And The Attorney. i
f
,
Inquiries may be directed to the City Attorney's Office at(304)673-7470. f
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to
express their views in writing addressed to the City Commission,c/o the City Cleric,1700 Convention i
Center Drive,l st Floor,City Hall,Miami Beach,Florida 33139.Copies of these ordinances are available
for public inspection during normal business hours in the City Clerk's Office,17OO Convention Center
Drive l st Floor,City Hall,Miami Beach,Florida 33139.This meeting may be continued,and under such
circumstances additional legal notice will not be provided.
Rafael E.Granado,City Clerk
i
City of Miami Beach i
Pursuant to Section 286.0105,Fla.Stat.,the City hereby advises the public that if a person decides to
appeal any decision made by the City Commission with respect to any matter considered at its meeting
or its hearing,such person must ensure that a verbatim record of the proceedings is made,-which
record includes the testimony and evidence upon which the appeal is to be based. This notice does not
constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant
` evidence,nor does it authorize challenges or appeals not otherwise allowed by law. F
To request this material in accessible format,sign language interpreters,information on access for
persons with disabilities,and/or any accommodation to review any document or participate in any
City-sponsored proceeding,please contact us five days in advance at(305)673-7411ivoice)or TTY
users may also call tie Florida Relay Service at 711.
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