2014-3873 Ordinance ORDINANCE NO. 2014-3873
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 II, ENTITLED "METERED
PARKING," BY AMENDING DIVISION 2, ENTITLED "GENERALLY,"
BY AMENDING SECTION 106-47, ENTITLED "FREIGHT,
COMMERCIAL, AND PASSENGER CURB LOADING ZONES; HOURS,
DELIVERIES"; BY CREATING SUBSECTIONS 106-47(F) THROUGH
106-47(N) THAT ESTABLISHES STRICT REGULATIONS FOR
PARKING IN FREIGHT LOADING ZONES; AUTHORIZING FREIGHT
VEHICLE PARKING; IMPLEMENTING A PERMIT APPLICATION
REQUIREMENT AND SETTING FORTH TYPES OF PERMITS
APPLICABLE TO COMMERCIAL VEHICLES; IMPOSING A
REQUIREMENT FOR THE DISPLAY OF A PERMIT AND/OR
ELECTRONIC (LICENSE PLATE) PERMIT; PROVIDING AN
ALTERNATIVE TO THE PERMIT REQUIREMENT BY UTILIZING
PARKING METERS; MANDATING COMPLIANCE WITH OTHER
LAWS; 'ESTABLISHING PERMIT FEES; FURTHER AMENDING
SECTION 106-55; BY CREATING SUBSECTION (P), ENTITLED,
"FREIGHT LOADING ZONE (FLZ) PERMIT"; AND CREATING
SUBSECTION (Q), ENTITLED, "ALLEY LOADING (AL) PERMIT";
PROVIDING FOR CODIFICATION, REPEALER,.SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, on March 5, 2014, the Mayor and Commission held discussion Item No.
R9H related to commercial vehicles blocking lanes on Washington Avenue, Collins Avenue;
Ocean Drive, and West Avenue, including enforcement and long term solutions; and
WHEREAS, commercial and freight loading zones are placed along major commercial
corridors throughout the city with posted regulations from 7:00 a.m. to 6:00 p.m., and in South
Beach where metered parking is enforced until 3:00 a.m., commercial loading zones are flex
zones that transition to metered parking from 6:00 p.m. to 3:00 a.m., and certain areas along
Ocean Drive have designated freight loading zones; and
WHEREAS, the existing commercial and freight loading zone regulations provide
significant latitude for any type of vehicle to use existing commercial and freight loading zones,
leaving very limited opportunities for purveyors with larger trucks to conduct their deliveries and
exacerbating double parking; and
WHEREAS, the Administration conducted research of loading zone regulations in
other jurisdictions, including Chicago, Houston, New York, Orlando, Pensacola, Portland
(Oregon), Salt Lake City, San Jose, and Seattle; and all of these jurisdictions have variations of
permitted commercial or freight loading zones with permit fees, restricted hours, and maximum
time limits; and
WHEREAS, an amendment to the City Code is necessary to establish regulations and
permit fees for commercial and freight loading zones; and
WHEREAS, on April 23, 2014, the Mayor and Commission held a discussion regarding
this item and approved the proposed ordinance on first reading.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Chapter 106, "Traffic and Vehicles," Article 11, "Metered Parking," Division 1,
"Generally," Section 106-47, entitled, "Freight, Commercial, and Passenger Curb Loading
Zones; Hours, Deliveries"; and Section 106-55, entitled, "Parking Rate Fees, and Penalties,"
Subsection (o), entitled, "Freight Loading Zone Permit" and Subsection (p), entitled, "Alley
Loading (AL) Permit" of the Code of the City of Miami Beach, Florida, is hereby established, as
follows:
Chapter 106. Traffic and Vehicles
Article II. Metered Parking Division. 1 Generally
Sec. 106-47. Freight, commercial, and passenger curb loading zones; hours, deliveries.
(0 Parking in Freight Loading Zones-. It shall be unlawful for any person during the posted
hours of a freight loading zone to:
Park a vehicle other than a commercial motor vehicle, as defined in Section 106-
1, in a Freight Loading Zone designated throughout the City of Miami Beach,
Utilize a Freight Loading Zone for any purpose, except the active engagement of
loading or unloading of property, goods or merchandise from a commercial motor
vehicle;
Park a commercial motor vehicle in a Freight Loading Zone without:
a. Obtaining a current and valid Freight Loading Zone (FLZ) Permit issued for
the commercial motor vehicle pursuant to this Article; or
b. Paving the applicable parking meter fee as provided in Section 106-55 of this
code.
Park any commercial motor vehicle in any Freight Loading Zone for a period in
excess of that time permitted on posted signs or in excess of the maximum time
limit allowed by the parking meter.
A vehicle parked in violation of this section shall be subject to beinq towed at the
direction of any law enforcement officer or parking enforcement specialist, and the
imposition of any applicable fines or penalties.
l(:L Freigght vehicle parking. The operator of a commercial motor vehicle must utilize a
Freight Loading Zone during those posted hours for the designated Permit zone
pursuant to the Permit issued under this Article. The Zone Permit must be obtained by
Payment of the applicable parking meter fee or by payment of the parking meter fee via
Pay by phone service, as provided in section 106-55 of this Code.
Beginning July 1, 2014, the City shall provide for a one-month warning period, through
and including July 31, 2014, in which warning violations shall be issued to commercial
motor vehicle or commercial vehicle operators who fail to comply with Sections 106-47(fl
and (g), regardless of knowledge or intent.
Beginninq August 1, 2014, Sections 106-47(fl and (g) shall be enforced and penalties
shall be applied and imposed for violations of those provisions, as provided herein.
2
Permit application; issuance.
A person must apply for a Freight Vehicle Loading Permit by submitting an
application in the form prescribed by the Director of Parking, with the appropriate
permit fee.
The Parking Director may issue a permit, unless he/she determines that:
a. The application is incomplete or materially deficient; or
b. The Applicant has any unresolved parking citations for any vehicle owned by
the Applicant or any agent of the Applicant, and any unresolved debt with the
City by the applicant or any agent of the applicant.
Commercial Fleet Operators with ten (10) or more commercial motor vehicles are
eligible to purchase one (1) transferable permit for every five (5) nontransferable
permits. The transferable permit must be used for those commercial motor
vehicles in the operator's fleet in which a commercial motor vehicle with a non-
transferable permit has been temporarily out of service. A transferable permit
must be affixed to a commercial motor vehicle of the fleet operator, and shall not
be placed on any vehicle other than a commercial vehicle
(i) Permit; required.
M FLZ (Freight Loading Zone) Permit. An FLZ permit will be valid until September
30th of each year, and shall be transferable to any other commercial motor
vehicle operated by the Permittee upon, prior written notice to the Parking
Department, in a manner prescribed by the Parking Director. A commercial
motor vehicle with an FLZ permit may be parked in a freight loading zone or,
where such zones are unavailable or occupied, parking is permitted at one to two
metered automobile parking spaces without payment of the usual meter fee as
required elsewhere in this chapter for such spaces. A commercial motor vehicle
with an FLZ permit shall not be parked for a period to exceed thirty (30) minutes.
AL (Alley Loading) Permit. Any commercial vehicle which does not qualify as a
commercial motor vehicle shall be required to obtain an AL Permit, except FLZ
permits issued to mail/parcel commercial motor vehicles, are permitted to utilize
those zones designated for AL Permit parking. An AL permit will be valid until
September 30th of each year, and shall be transferable to any other commercial
vehicle operated by the Permittee upon, prior written notice to the Parking
Department, in a manner prescribed by the Parking Director. A commercial
vehicle with an AL permit shall not be parked for a period to exceed twenty (20)
minutes, in those areas designated by the Parking Director.
1i1 Permit specific to commercial vehicle.
The applicable Permit issued pursuant to this Article must be registered to a specific
commercial motor vehicle or commercial vehicle, and shall be transferable to another
vehicle meeting the applicable Permit requirements set forth by the Parking Director, as
authorized in this Article.
3
(k) Display of permit and/or electronic (license plate) permit.
A Permit must be conspicuously displayed upon the vehicle for which it is issued, and
shall be easily visible to any person passing such a vehicle, on the street or sidewalk
while the vehicle is parked in any authorized Freight Loading Zone, or area designated
by the Parkinq Director. The failure to display a Permit shall create a rebuttable
presumption that no Permit has been issued for the vehicle. An Electronic (license
plate) Permit may be utilized in lieu of the display of a physical permit.
LJ Use of parking meters.
Those commercial operators conducting either infrequent or transient commercial
deliveries may park the commercial motor vehicle or commercial vehicle in a Freiqht
Loading Zone space or spaces during posted hours for the Zone by paving the
applicable parkinq meter fee, or utilizing the City's pay by phone service for each space
utilized in whole or in part for parking the commercial motor vehicle or commercial
vehicle in that Zone, provided that:
The vehicle is actively engaged in loading or unloading; and
The parking meter, meters, or pay by phone service are not allowed to expire;
and
The vehicle may not be parked in excess of the maximum time allowed as posted
on the parking meter or as authorized by a Permit as provided in this article;
however, an unpermitted commercial motor vehicle may utilize one (1) to two (2)
metered spaces, or portions of such spaces, within the same block face, by
paving the parking meter fee or pay by phone service for each space wholly or
partially occupied by such vehicle.
Compliance with other laws.
A Permit issued under this article shall not excuse compliance with all other applicable
laws and regulations, and a commercial motor vehicle or commercial vehicle parked in
any metered automobile parking space remains subject to any "no parking" and "tow-
away zone" restrictions applicable to the parking space. A Permit does not authorize the
commercial motor vehicle or commercial vehicle to remain parked at the Freight Loading
Zone without being actively engaged in loading or unloading at all times while parked
under this article.
(n) Fees.
Fees for Freight Loading Zone Permits are set forth within Section 106-55. A permit or
license plate may be replaced during its valid term for the fee stated in Section 106-55,
provided the parking official receives the police report for the stolen permit or license
plate, or an affidavit for a lost permit or license plate. The permit shall be valid only for
the remainder of the original term.
4
Sec. 106-55. Parking rates, fees, and penalties.
1pj Freight Loading Zone (FLZ) Permit.
An FLZ permit will allow the use of Freight Loading Zones by permitted commercial
motor vehicles. Qualifying commercial motor vehicles must register and purchase an
annual permit. The permit fee for each vehicle is $364.00, annually or $182.00 semi-
annually. A Permittee that operates a fleet of over ten (10) vehicles may purchase up to
five (5) vehicle permits for $1,500, annually or $750, semi-annually. One (1) of every
five (5) non-transferable permits shall authorize the Permittee to purchase a transferable
Permit. Permits are transferable to other qualifying commercial motor vehicles, as
described in herein, and shall expire annually. The permit must be in good standing and
the commercial motor vehicle must be actively engaged in loading activities when
stopping, standing, or parked in a Freight Loading Zone. Freight loading locations,
regulations, including maximum time limits, and permitted days/hours shall be
determined by the City Manager or his designee.
Allen Loading (AL) Permit.
An AL permit will allow for the use of alleys by permitted vehicles. Qualifyinq vehicles
must register and purchase an annual permit. The permit fee for each vehicle is
$182.00, annually or $91.00, semi-annually. A Permittee that operates a fleet of over
ten (10) vehicles may purchase up to five (5) vehicle Permits for $750, annually or $375,
semi-annually. One (1) of every five (5) non-transferable permits shall authorize the
Permittee to purchase a transferable Permit. Permits are transferable to other qualifying
vehicles, as described herein, and shall expire on annually. The permit must be in _good
standing, prominently displayed, and the vehicle must be actively engaged in
loading activities when stopping, standing, or parked in an alley. Alley regulations,
including maximum time limits and permitted days/hours shall be determined by the City
Manager or his designee.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
5
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on July 1, 2014.
PASSED AND ADOPTED this �$� day of Cf , 2014.
ATTEST:
'PHILIP LEVINrAE, �y
L-�-v
ATED:RA AEL GRA , CITY CL
c
Underscore denotes new language �`7
4rike_thFo gh denotes deleted language
APPROVED AS TO
(Sponsored by Commissioner Michael Grieco) FORM&LANGUAGE
&FOR EXECUTION
C
City Attorney Date
i
F:\ATTO\BOKA\Ordinances\FreightLoadingZoneSecondReading-Amended July 2014.docx
6
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance amending Chapter 106, "Traffic and Vehicles" Section 106-47, entitled, "Freight,
Commercial, and Passenger curb loading zones; hours, deliveries"; creating Subsection 106-47(F)
through 106-47(N), Permit Required; further amending Section 106-55; establishing Subsection (P),
entitled, "Freight/Commercial Loading Zone Permit Fees"; Subsection (Q), entitled, "Alley Loading
Permit Fees"; providing for codification, repealer, severabilit , and an effective date.
Key Intended Outcome Supported:
Commission A Comprehensive Mobility Plan Which Gives Priority Recommendations (From Non-
Vehicular to Vehicular And Including Parking).
Supporting Data (Surveys, Environmental Scan, etc
In FY 12/13, the Parking Department issued a total of 14,721 parking citations for obstruction of traffic
and loading zone violations. In Q1 and 2 of FY 13/14, 8,458 parking citations have been issued,
which extrapolated annually equates to 16,916, an increase of 13%.
Item Summa /Recommendation:
On March 5, 2014, the City Commission held discussion Item No. R9H related to traffic congestion
and commercial vehicles blocking lanes. The relevant city Departments support and recommend the
programs detailed below to address traffic congestion. These programs are intended to address
freight loading regulations and enforcement. The following multi-pronged strategy is recommended:
(1) expanded freight loading opportunities for trucks with a gross vehicle weight over 10K Ibs,
regulated by permit, for shorter time frames and prohibited at all other times; (2) all other vehicles
under 10K lbs. will be required to use alleys furnished with new and more informative signs; (3)
enforcement shall take place as follows: (a) The Police Department, with a zero tolerance for
obstruction of traffic, will issue moving violations, resulting in points to the driver's Commercial Driver's
License; increased insurance costs; and higher fines ($129.00); (b) The Parking Enforcement Unit will
enforce the freight loading zone regulations by citing and towing vehicles that do not display the
required permit; and (c) The Code Enforcement Department will enforce the prohibition of deliveries
during posted hours pursuant to City Code. This will be critical in holding both purveyors and
businesses accountable.
On April 23, 2014, the Mayor and Commission held a discussion and approved the proposed
ordinance on first reading with the inclusion of a provision for operators to provide either infrequent or
transient commercial deliveries without obtaining a permit. This may be accomplished by allowing
operators to use freight loading zones via meter payment or payment via pay by phone service. A
Fleet permit; extended hours in strategic locations, and honoring of mail/parcel services in alleys was
incorporated into the proposed ordinance between first and second reading. The Administration
recommends that the City Commission approve the Ordinance on second and final public
hearing with an effective date of July 1, 2014, allowing a transitional phase from current to the
proposed regulations.
Advisory Board Recommendation:
Iron 3/3/14 and 5/514, the Transportation and Parking Committee endorsed a freight loading zone
ram for Wash Ave between 5th and 17th Sts and Collins Ave between 63rd and 75th Sts.
Financial Information:
Source of Amount Account
Funds:
OBPI Total
Financial Impact Summary:
Revenues generated by these programs are estimated to be $90,000 in permit fees and $100,000 in
fine revenues, for total annual revenues of $190,000 or $950,000 over five years. However, if
successful, these revenues should decline over time. Expenses for the permitting component consist
largely of replacement of existing signs, many of which are planned replacements, resulting in a
negligible expense. The expense for police enforcement is estimated at$750,000 over five years. . In
addition, as a component of the fiscal,.impact analysis, an expense of $55,000 is identified for the
processing and administration of the program by City's Service Center. It is estimated that one (1)
additional position will be needed to qualify, process, and manage both programs.
City Clerk's Office Legislative Tracking:
Saul Frances, extension 6483
Sign-Offs:
Departm Director Assi tant City ger Ci a agar
SF A± HC' DO KGB J JLM i
T:\AGENDA\2014\MAy28\FreightLoadingZoneSecondjfeading.Suni\docx
ADEN ITEM
MIAMIBEACH DATE
MIAMI BEACH
City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of he City C mission
FROM: Jimmy L. Morales, City Manager
DATE: May 28, 2014 SEC ND AND FINAL PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE MAYOR ND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA,AMEND NG CHAPTER 106 OF THE MIAMI BEACH
CITY CODE,ENTITLED"TRAFFIC AND VEHICLES," BY AMENDING ARTICLE
II, ENTITLED"METERED PARKING," BY AMENDING DIVISION 2, ENTITLED
"GENERALLY," BY AMENDING SECTION 106-47, ENTITLED "FREIGHT,
COMMERCIAL, AND PASSENGER CURB LOADING ZONES; HOURS,
DELIVERIES"; BY CREATING SUBSECTIONS 106-47(F)THROUGH 106-47(N)
THAT ESTABLISHES STRICT REGULATIONS FOR PARKING IN FREIGHT
LOADING ZONES; AUTHORIZING FREIGHT VEHICLE PARKING;
IMPLEMENTING A PERMIT APPLICATION REQUIREMENT AND SETTING
FORTH TYPES OF PERMITS APPLICABLE TO COMMERCIAL VEHICLES;
IMPOSING A REQUIREMENT FOR THE DISPLAY OF A PERMIT AND/OR
ELECTRONIC(LICENSE PLATE)PERMIT; PROVIDING AN ALTERNATIVE TO
THE PERMIT REQUIREMENT BY UTILIZING PARKING METERS;MANDATING
COMPLIANCE WITH OTHER LAWS; ESTABLISHING PERMIT FEES;
FURTHER AMENDING SECTION 106-55; BY CREATING SUBSECTION (P),
ENTITLED, "FREIGHT LOADING ZONE (FLZ) PERMIT"; AND CREATING
SUBSECTION(Q), ENTITLED,"ALLEY LOADING(AL)PERMIT"; PROVIDING
FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE
DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the Mayor and Commission approve the ordinance on
second and final public hearing.
First Reading (April 23, 2014)Actions and Follow-up
On April 23, 2014, the Mayor and Commission held the first reading of this proposed
ordinance and directed the Administration to include an alternative to the annual/semi-
annual permit option to accommodate transient (or infrequent) delivery service. The
Administration recommends the following:
• Meter payment option, including pay by phone service(Parkmobile)to accommodate
transient (or infrequent) deliveries.
I
May 28, 2014 City Commission Memo
Freight Loading Amendments to the City Code—Second and Final Public Hearing
Page 2 of 11
Additionally, the following is also recommended:
• "Fleet Permit" for permittees with a fleet of ten (10) or more vehicles in order to
provide added flexibility and a reduced cost for purveyors with multiple commercial
motor vehicles.
Additional Information
The following information was identified between first and second reading and included
herein for informational purposes:
• As a component of the fiscal impact analysis, an expense of$55,000 is identified for
the processing and administration of the program by City's Service Center. It is
estimated that one (1) additional position will be needed qualify, process, and
manage both programs.
• The City Code, Section 106-41, entitled, "Authority of the city manager"provides the
City Manager with the authority to set the days, hours, and time limits for metered
parking.
• Outreach to purveyors and businesses commenced between first and second
reading, including a national parcel service provider, business association, and
others. This resulted in valuable insight regarding their needs and challenges in
serving our business community. The following provisions were identified: (1)
extended FLZ hours at strategic locations and (2) honoring mail/parcel service in
alleys. Additional meetings are scheduled with a variety of other purveyors to gain
further insight in order to establish effective regulations that will lead to meaningful
results.
The following amendments were developed between first and second reading and have
been incorporated in the proposed ordinance:
Section 106-47. Freight, commercial, and passenger curb loading zones; hours,deliveries.
(g) Freight vehicle parking. The operator of a commercial motor vehicle must utilize a
Freight Loading Zone during those posted hours for the designated Permit zone
pursuant to the Permit issued under this Article. The Zone Permit must be
obtained by payment of the applicable parking meter fee or by payment of the
parking meter fee via pay by phone service, as provided in section 106-55 of this
Code.
(i) Permit, required.
JQ AL(Alley Lo�g) Permit. Any commercial vehicle which does not qualify as
a commercial motor vehicle shall be required to obtain an AL Permit, except FLZ
permits issued to mail/parcel commercial motor vehicles, which are permitted to
utilize those zones designated for AL Permit parking. An AL permit will be valid
until September 30th of each Year, and shall be transferable to any other
commercial vehicle operated by the Permittee upon, prior written notice to the
Parking Department, in a manner prescribed by the Parking Director. A
commercial vehicle with an AL permit shall not be parked for a period to exceed
twenty (20) minutes, in those areas designated by the Parking Director.
May 28, 2014 City Commission Memo
Freight Loading Amendments to the City Code—Second and Final Public Hearing
Page 3 of 11
Sec. 106-55. Parking rates, fees, and penalties.
(p) Freight Loading Zone (FLZ) Permit
An FLZ permit will allow for the use of freight loading zones by permitted vehicles
only. Qualifying vehicles must register and purchase an annual permit. The permit
fee for each vehicle is$364.00, annually or$182.00 semi-annually. A Permittee that
operates a fleet of over ten(10)vehicles may purchase a fleet permit for up to five(5)
vehicles for $1,500, annually or $750, semi-annually. One (1) of every five (5)
non-transferable fleet permits shall be transferable. Permits are transferable to other
qualifying vehicles, as described herein, and shall expire annually. The
permit must be in good standing, prominently displayed, and the vehicle must be
actively engaged in loading activities when stopping, standing, or parked in a freight
loading zone. Freight loading locations, regulations, including maximum time limits,
and permitted days/hours shall be determined by the City Manager or his designee.
(q) Alley Loading (AL) Permit
An AL permit will allow for the use of alleys by permitted vehicles only. Qualifying
vehicles must register and purchase an annual permit. The permit fee for each
vehicle is$182.00, annually or$91.00, semi-annually. A Permittee that operates a
fleet of over ten (10) vehicles may purchase a fleet permit for up to five(5)vehicles
for$750, annually or$375, semi-annually. One(1)of every five(5) non-transferable
fleet permits shall be transferable. Permits are transferable to other qualifying
vehicles as described herein, and shall expire on annually. The permit must be in
good standing, prominently displayed, and the vehicle must be actively engaged in
loading activities when stopping, standing, or parked in an alley. Alley regulations,
including maximum time limit, and permitted days/hours shall be determined by the
City Manager or his designee.
ANALYSIS
On March 5, 2014, the Mayor and Commission held discussion Item No. R9H related to
commercial vehicles blocking lanes; on the following streets: Washington Avenue, Collins
Avenue; Ocean Drive, and West Avenue; enforcement and long term solutions.
Existing Commercial Loading Regulations and Enforcement
Commercial and freight loading zones are placed along major commercial corridors
throughout the city. Typical posted regulations are commercial loading zones from 7AM to
6PM and in South Beach where metered parking is enforced until 3AM, commercial loading
zones are flex zones and transition to metered parking from 6PM to 3AM. Certain areas
along the 100 blocks (Ocean Drive to Collins Avenue) have designated freight loading
zones. These encompass a quadrant of a city block (approximately four to six parking
spaces) between Ocean Drive and Collins Avenue and are operational between 7AM and
11 AM. These are designated to accommodate larger trucks and encourage deliveries in the
morning hours.Alleys are available for commercial loading activities with two requirements:
(1)expeditious loading and unloading for a maximum of 20 minutes and emergency vehicle
access must be maintained at all times.
May 28, 2014 City Commission Memo
Freight Loading Amendments to the City Code— Second and Final Public Hearing
Page 4of11
These loading zones are currently regulated through time limit and hours, however, not by
vehicle class. The following is the pertinent section of the Miami-Dade County Code
Chapter 30-388.24, entitled, "Freight curb loading zones; time limit; passenger use.
(a) No person shall stop, stand or park a vehicle for any purpose or length of time
other than for the expeditious unloading and delivery or pickup and loading of
materials in any place marked as a freight curb loading zone during the hours
when the provisions applicable to such zones are in effect. The stop for
loading and unloading materials shall not exceed twenty(20)minutes except
in specially marked "parcel truck" loading zones where the stop shall not
exceed one (1) hour.
(b) The driver of a vehicle may stop temporarily at a place marked as a freight
curb loading zone for the purpose of and while actually engaged in loading or
unloading passengers,when such stopping does not interfere with any motor
vehicle used for the transportation of materials which is waiting to enter or
about to enter such zone.
The current regulation provides significant latitude for any driver of any vehicle to use
existing commercial loading zones, leaving very limited opportunities for purveyors with
larger trucks to conduct their deliveries. This, in turn, exacerbates double parking.
Enforcement
Enforcement of commercial loading violations and traffic obstruction is done almost
exclusively by PES (parking enforcement specialists). This classification was developed in
the early 1980s for the enforcement of parking related violations allowing law enforcement
officers to address more serious crimes. PESs issue non-moving violations with fine
schedules ranging between $18 and $34, contingent upon the type of violation, excluding
disabled parking violations which range between $103 and $250.
One major challenge has been the low (and outdated) parking violation fine schedule for
Miami-Dade County which was last increased in 1996. Over the last decade, the City has
pursued increases to the fine schedule. Most recently, in 2010, the City urged the Miami-
Dade Board of County Commissioners, State of Florida,and League of Cities to increase the
fine schedule as a deterrent to parking violations. Many violators see the current fine
schedule as either cost of doing business for commercial uses and in many circumstances
an $18 fine for overtime parking at a metered parking space is lower than parking rates at
many private parking facilities and competitive with the City's own flat parking rate of$15.
Proposed Freight Loading Zones/Alleys and Enforcement Strategies
The Administration conducted research of loading zone regulations in other jurisdictions,
including Chicago, Houston, New York, Orlando, Pensacola, Portland (Oregon), Salt Lake
City, San Jose, and Seattle.All of these jurisdictions have variations of permitted commercial
or freight loading zones, most provide for a permit fee, restricted hours, and maximum time
limits. Please refer to the chart below:
May 28, 2014 City Commission Memo
Freight Loading Amendments to the City Code-Second and Final Public Hearing
Page 5 of 11
LOADING ZONE OPERATIONAL
CITY REGULATION HOURS/MAX TIME LIMITS ANNUAL FEES
CHICAGO, PERMIT 30 MIN. MAX N/A
ILL.
HOUSTON, PERMIT 30 MINS.TO 2 HRS. CLASS "A": $1200; CLASS "B":
TX.
$300; CLASS "C": $150; CLASS
"D": $25;
NEW YORK, POSTED SIGN 3 HRS. MAX Meter Payment Required
NY
ORLANDO, PERMIT 30 MIN. MAX $70+TAX; $30+TAX ADDT
FL.
PERMITS
PENSACOLA, CLZ/COMMERCIAL CLZ: NO TIME LIMIT CLZ; N/A
FL. VEHICLE ONLY GENERAL LZ 15 MIN.
PORTLAND, PERMIT 30 MIN. MAX $595
OR.
SALT LAKE FREIGHT PARKING 30 MIN. MAX OUTSIDE CITY: $150.37;
CITY, UT. PERMIT WITHIN CITY: $36.30
SAN JOSE, PERMIT 1 HR $17
CA.
SEATTLE, PERMIT 30 MIN. MAX $195
WA.
At the March 5, 2014, City Commission meeting, it was specifically requested that the
Administration review the loading provisions for New York City. New York City is regulated
similarly to the other jurisdictions; however, it provides for opportunities for"double parking"
under certain conditions. The conditions are as follows:
Double Parking - Under the New York City Traffic Rules double
parking is when the driver of a vehicle stands or parks that vehicle on
the roadway side of another vehicle that is stopped, standing, or
parked at the curb. In most situations, a driver may stand a
commercial vehicle alongside a vehicle parked at the curb at such
locations and during such hours that stopping, standing, or parking is
not prohibited, while expeditiously making pickups, deliveries or
service calls, provided that(1)there is no occupied curb space within
100 feet on either side of the street that can be used for standing,
and (2) that the standing is in compliance with instructions from
police officers and flag persons.
For anyone who has navigated the one-way street pairs in New York City during peak traffic
hours in the mornings and afternoons,the aforementioned provisions, more often than not,
result in double parking.
Proposed Freight Loading Zone Regulations and Enforcement
The City's Parking Department, Public Works Department, Transportation Department,
Code Enforcement Department, Fire Department, and Police Department all support and
recommend the programs detailed below to address traffic congestion.These programs are
intended to address freight loading regulations and enforcement. Segments of these plans
require an amendment to the City Code, requiring two readings, one of which shall be a
public hearing. The following multi-pronged strategy is recommended:
May 28, 2014 City Commission Memo
Freight Loading Amendments to the City Code- Second and Final Public Hearing
Page 6 of 11
• Expanded freight loading opportunities for larger trucks with a gross vehicle weight
(GVW over 10,000 Ibs), regulated by permit,for shorter time frames and prohibited
at all other times.
• All other vehicles(GVW under 10,000 lbs.)will be permitted to use other city right-
of-ways, including alleys furnished with new and more informative signs noticing
permitted uses.
• Commercial vehicles, such as charter tour buses, may also attain a Freight
Loading Zone (FLZ) permit and utilize freight loading zones, for a period not to
exceed thirty (30) minutes, at one time. Other open and closed loop sightseeing
buses and vehicles, are being addressed on a parallel course through the
Neighborhoods and Community Affairs Committee(NCAC)with direction to pursue
a concession agreement via a formal competitive process. An item regarding this
matter will be presented to the NCAC in May 2014.
• Enforcement shall take place as follows:
➢ The Police Department, with a zero tolerance for obstruction of traffic will
issue moving violations, resulting in points to the driver's CDL (Commercial
Driver's License); increased insurance costs; and higher fines than non-
moving violation ($129.00).
➢ The Parking Enforcement Unit will enforce the freight loading zone
regulations by citing and towing vehicles that do not display the required
permit and/or violate the provisions of the program.
➢ The Code Enforcement Department is empowered to enforce the prohibition
of deliveries during posted hours pursuant to City Code, Section 106-47,
"Freight, commercial, and passenger curb loading zones; hours, deliveries".
This will be critical in holding both purveyors and businesses accountable.
Freight Loading Zones (FLZ) Program
Establish permitted freight loading zones (no other use during these hours) which are
comprised of up to four contiguous parking spaces between the hours of 7AM and 11 AM
and/or 1 PM and 3PM. The City Code, Section 106-41, entitled, "Authority of the city
manager"provides the City Manager with the authority to set the days, hours,and time limits
for metered parking. The City Code states the following, "The city manager is authorized
and directed to establish, as traffic conditions may require, zones to be known as parking
meter zones upon such streets in the city as he shall select for the location of such zones,
and to cause parking meters to be installed and parking meter spaces to be designated as
provided in this article. He shall fix the time limitation for legal parking in such zones and
spaces. The city manager, from time to time, may add to, change or abandon such parking
meter zones. In selecting, changing or abandoning such parking meter zones, the city
manager shall be guided and governed by location, amount of traffic, the demand for parking
space, the congestion of traffic, the use of the street, and any other conditions which may be
existent."
Permitted vehicles shall be those having a gross vehicle weight of 10,000 Ibs or more, as
defined by the City Code, Section 106-1, Definitions, as follows: Commercial motor vehicle
means any self-propelled or towed vehicle used on the public highways in commerce to
transport passengers or cargo, if such vehicle: .
(1) Has a gross vehicle weight rating of 10,000 pounds or more;
(2) Is designed to transport more than 15 passengers, including the driver; or
(3) Is used in the transportation of materials found to be hazardous for the
purposes of the Hazardous Materials Transportation Act, as amended (49
USC 1801 et seq.).
May 28, 2014 City Commission Memo
Freight Loading Amendments to the City Code—Second and Final Public Hearing
Page 7 of 11
FLZ will allow for the use of freight loading zones by permitted vehicles only. Non-permitted
vehicles will be cited and towed in order to make way for those authorized
vehicles. Permitted vehicles will register at the City's Service Center and purchase an annual
permit. The annual permit fee for each vehicle is recommended to be$364.00, annually or
$182.00 after April 1 st. Permits are transferable to other qualifying vehicles in their fleet,
limited to two (2) transfers, semi-annually, and shall expire on September 30th each year.
The permit must be in good standing, prominently displayed, and the vehicle must be
actively engaged in loading activities when stopping, standing, or parked in a freight loading
zone. Freight loading locations, regulations, including maximum time limits, and permitted
days/hours shall be determined by the City Manager or his designee.
The following factors shall be utilized to determine applicable regulations for each corridor:
• Freight loading demand
• Traffic volume, including peak periods
• On-street parking inventory
The following regulations are proposed for immediate implementation in two (2) major
corridors in the City,experiencing high levels of traffic congestion,these are: (1)Washington
Avenue between 5th Street and 17th Street and (2) Collins Avenue between 63`d Street and
75th Street. Other corridors, including Alton Road between 6th Street and Dade Boulevard
and Collins Avenue between 5th Street and Espanola Way, will be coordinated with FDOT
for appropriate signage and pavement markings.
The following regulation is recommended for Washington Avenue between 5th Street and
17th Street and Collins Avenue between 63rd Street and 75th Street:
• Transition existing Commercial Loading Zones to Freight Loading Zones with an
"FLZ" permit required.
• FLZ days and hours are Monday to Saturday, 7AM to 11 AM and 1 PM to 3PM.
• Freight loading is prohibited at all other times. Establishments accepting
deliveries outside of posted hours shall be subject to code violations, pursuant to the
City Code.
• FLZ permits will also be honored at up to two (2) metered spaces without having to
pay the meter during the posted FLZ days/hours.
• FLZ will transition to "Pay to Park" for the general public during non-freight loading
zone hours that are metered operational hours).
• Deliveries may also take place in designated alleys 7AM to 7PM, Monday to
Saturday, contingent upon meeting alley loading requlations.
May 28, 2014 City Commission Memo
Freight Loading Amendments to the City Code—Second and Final Public Hearing
Page 8 of 11
FREIGHT LOADING ZONE
GVW 10,000+ LBS ONLY
PERMIT OR METER PAYMENT
OR PAYMMY R PHONE-NQUIRD
MON-SAT/30 MIN.MAX.
7AM- 11 AM& 1 PM- 3PM
TOW-AWAY-ZONE
-----------®
FRIGHT LOADING PROHIOD
11AM-IPM&3PM-7AM
------------
PAY TO PARK
11AM - 1 PM& 3PM-3M
SUNDAY 9AM-3AM
Alley Loading Regulations
All alleys in commercial districts will be posted with signs giving notice of the following
regulations:
0 Transition existing alley regulations to Alley Loading (AL) permit required.
0 Permit Fee: $182.00, annually or$91.00 semi-annually,
0 Deliveries 7AM to 7PM
0 Deliveries prohibited 7PM to 7AM
0 Maintain Emergency Vehicle Access
0 20 Minute Maximum
'AL' PERMIT REQUIRED
GVW <1 OK LBS.
DELIVERIES 7AM-7PM
• DELIVERIES PROHIBITED
7PM TO 7AM
• MAINTAIN EMERGENCY
VEHICLE ACCESS
• 20 MIN.MAX.
TOW-AWAY-ZO N E
May 28, 2014 City Commission Memo
Freight Loading Amendments to the City Code— Second and Final Public Hearing
Page 9 of 11
Traffic Obstruction Enforcement Program
Police officers will be assigned to dedicated enforcement(moving violations)for obstruction
of traffic (double parking) on major thoroughfares. Moving violations are an effective
deterrent of double parking, as it: (1) assesses points to the operator's driver's license, (2)
increases insurance premiums, and (3) moving violations carry higher penalties than non-
moving citations issued by parking enforcement specialists. This assignment will be
proposed as an enhancement for the FY 2013/14 Budget, subject to budget approval
process and may be funded in the current year, subject to a budget amendment.
Proposed Amendments to the City Code:
The following amendments to the City Code are recommended:
Parking in freight loading zones.
It shall be unlawful for any person during the posted hours of operation of a freight
loading zone to:
(1) Park any vehicle other than a commercial vehicle, as defined in
Section 106-1, in any freight loading zone designated by the city;
(2) Utilize a freight loading zone for any purpose other than the
expeditious loading or unloading of property, goods or merchandise
from a commercial vehicle;
(3) Park any commercial vehicle in any freight loading zone without either:
a. Displaying a current and valid freight (FLZ) vehicle parking
permit issued and utilized pursuant to this article; or
b. Paying the meter fee as provided in Section 106-55 of this
code; or
(4) Park any commercial vehicle in any freight loading zone for a period in
excess of that time allowed on posted signs or in excess of the
maximum time limit allowed by the meter.
In addition to any applicable fine or penalty, any vehicle parked in violation of this
section shall be subject to being towed at the direction of any law enforcement
officer or parking enforcement specialist.
Freight vehicle parking.
The operator of a commercial vehicle may utilize a freight loading zone during the
posted hours of operation of the zone pursuant to a permit issued under this article
or by payment of the meter fee as provided in section 106-55 of this Code.
Permit application; issuance.
(a) A person may apply for a freight vehicle loading permit by submitting an
application in the form prescribed by the director, along with the appropriate
permit fee.
(b) The parking official shall issue a permit, unless he/she determines that:
(1) The application is incomplete or materially untruthful; or
(2) There exist any unresolved parking citations for any vehicle
owned by the applicant or any agent of the applicant;and any
unresolved debt with the City by the applicant or any agent of
the applicant.
May 28, 2014 City Commission Memo
Freight Loading Amendments to the City Code—Second and Final Public Hearing
Page 10 of 11
Permit; required.
(1) FLZ (Freight Loading Zone) Permit. An FLZ permit will be valid until
September 30th, of each year and shall be transferable to any other
commercial vehicle operated by the permittee upon prior notice in a
manner prescribed by the parking official. A commercial vehicle with
an FLZ permit may be parked in a freight loading zone or,where such
zones are unavailable or occupied, parked utilizing one to two
metered automobile parking spaces without payment of the usual
meter fee as required elsewhere in this chapter for such spaces. A
commercial vehicle with an FLZ permit may be parked for a period not
to exceed thirty (30) minutes at one time.
(2) AL Permit. An AL permit will be valid until September 30th, of each
year and shall be transferable to any other commercial vehicle
operated by the permittee upon prior notice in a manner prescribed by
the parking official. A commercial vehicle with an AL permit may be
parked in an alley for a period not to exceed twenty (20) minutes at
one time.
Permit specific to commercial vehicle.
Each permit shall be registered to a specific commercial vehicle and shall be
transferable only to another vehicle meeting permit requirements, as provided in
this article.
Display of permit.
A permit must be conspicuously displayed upon the commercial vehicle for which it
is issued so as to be easily visible to any person passing such commercial vehicle
on the street or sidewalk while the commercial vehicle is parked in any freight
loading zone. Any failure to display a permit shall create the presumption that no
permit for the commercial vehicle exists. A license plate enabled platform shall
shortly render the permit display requirement moot.
Use of parking meters.
As an alternative to obtaining a permit, the operator of a commercial vehicle may
park the commercial vehicle in a freight loading zone space or spaces during
posted hours of operation for the zone by paying the meter fee for each space
utilized in whole or in part for parking the commercial vehicle in that zone, provided
that:
(1) The commercial vehicle is then being expeditiously loaded or
unloaded; and
(2) The meter or meters are not allowed to expire; and
(3) The commercial vehicle may not be parked in excess of the maximum
time allowed as posted on the meter or as authorized by a permit as
provided in this article; however, an unpermitted commercial vehicle
may utilize one (1) to two (2) metered spaces, or portions of such
spaces,within the same block face, by paying the meter fee for each
space wholly or partially occupied by such commercial vehicle.
May 28, 2014 City Commission Memo
Freight Loading Amendments to the City Code— Second and Final Public Hearing
Page 11 of 11
Compliance with other laws.
A permit issued under this article shall not excuse compliance with applicable laws,
and a commercial vehicle or charter bus parked in any metered automobile parking
space remains subject to any "no parking" and "tow-away zone" restrictions
applicable to the parking space. Additionally, a permit does not excuse the
requirement that the commercial vehicle must be expeditiously loaded or unloaded
at all times while parked under this article.
Fees.
Fees for freight loading zone permits are stated for this provision in the fee
schedule. A permit may be replaced during its valid term for the fee stated for this
provision in the city fee schedule, upon providing the parking official the police
report for the stolen permit or an affidavit for a lost permit. The permit shall be valid
only for the remainder of the original term.
Effective Date and Implementation Plan
An effective date of July 1, 2014, for the ordinance is recommended. Initial
outreach to purveyors and business communities has begun. In addition, new
signs will need to be developed and installed as well revised pavement markings.
Mobilization of this work is estimated to be completed within 30 days after the
approval of the ordinance, at second reading.
FISCAL IMPACT
Revenues generated by these programs are estimated to be $90,000 in permit fees and
$100,000 in fine revenues, for total annual revenues of $190,000 or $950,000 over five
years. However, if the program is successful, these revenues should decline over time.
Expenses for the permitting component consists largely of replacement of existing
"commercial loading zone" and "no parking in alley" signs, many of which are planned
replacements, resulting in a negligible expense. The expense for police enforcement is
estimated at $750,000 over five years.
As aforementioned, an additional expense of $55,000 was identified between first and
second reading. This consists of processing and administration of the program by City's
Service Center. It is estimated that one(1) additional Financial Analyst(FA) position will be
needed to support both programs.
CONCLUSION
In conclusion,the Administration recommends that the Mayor and City Commission approve
an amendment, on second and final public hearing, to Chapter 106, "Traffic and Vehicles"
Article II, "Metered Parking" by amending Sections 106-55; establishing, Subsection (F),
Permit Required; Further Amending Section 106-55; Establishing Subsection (0), entitled,
"Freight and Commercial Loading Zone Permit Fees"; providing for codification, repealer,
severability, and an effective date.
JLM/KGB/SF
T:\AGENDA\2014\May282014\FreightLoadingZonesSecondReading.cme.doc
38NE ! SUNDAY,MAY.B,2014 NE
MAMBEACH
CITY OF MIAMI BEACH
.NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that a public hearing 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,May 28,2014,to consider the following:
5:40 p.m:
An Ordinance Amending Chapter 106 Of The Miami Beach City Code,Entitled
"Traffic And Vehicles," By Amending Article 11, Entitled"Metered Parking,"By
Amending Division 2,Entitled"Generally,"ByAmending Section 106-47,Entitled
"Freight,Commercial,And Passenger Curb-Loading Zones;Hours,Deliveries";
By Creating Subsections 106-47(F)Through 106-47(N)That Establishes Strict
Regulations For Parking in Freight Loading'Zones;Authorizing Freight Vehicle
Parking; Implementing A Permit Application Requirement And Setting Forth
Types Of Permits Applicable,To Commercial Vehicles;Imposing A Requirement
For The Display Of A Permit And/Or Electronic(License Plate)Permit;Providing
AnAlternative ToThe Permit Requirement By Utilizing Parking Meters;Mandating
Compliance With Other Laws; Establishing Permit Fees; Further Amending
Section 106-55;.By Creating Subsection.(P), Entitled, "Freight.Loading Zone
(FLZ)Permit";And Creating Subsection(Q),Entitled,"AIIeyLoading(AL)Permit";
Providing For Codification,Repealer,Severability,And An Effective Date.
Inquiries may be directed to the Parking Department 305.673.7505.
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 Clerk, 1700 Convention Center Drive, 1� Floor, City Hail, Miami
Beach, Florida 33139..A Copy of this item is available for public inspection
during normal business hours in the City Clerk's Office,1700 Convention Center
Drive, ls' Floor, City Hall, Miami Beach,_Florida 33139. This meeting, or any
item therein,may be continued,and under such circumstances,additional legal
notice need not be provided.
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.
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 305.673:74 1(voice)or TTY.users may also
call the Florida Relay Service at 711.
Rafael E.Granado,City Cleric
City of Miami Beach
893
1