Ordinance 90-2690 ORDINANCE No. 90- 2690
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 44
OF THE MIAMI BEACH CITY CODE ENTITLED "VEHICLES
AND TRAFFIC" BY ADDING AN ARTICLE XII THEREIN
ENTITLED "RESIDENTIAL PARKING PERMITS" BY
DEFINING TERMS THEREIN, CREATING RESIDENTIAL
PERMIT PARKING AREAS AND PROVIDING FOR PARKING
THEREIN, PROVIDING FOR AND REGULATING THE
ISSUANCE OF PERMITS AND THE PLACEMENT OF SIGNS
WITHIN DESIGNATED AREAS, ESTABLISHING
ENFORCEMENT MEASURES AND PARKING PERMIT
VIOLATIONS, PROVIDING RESTRICTIONS ON PERMIT
HOLDERS, PROVIDING FOR REVOCATION OF PERMITS
AND PENALTIES; AND ESTABLISHING CHAPTER
EXEMPTIONS; PROVIDING FOR SEVERABILITY;
REPEALING ALL ORDINANCES IN CONFLICT THEREWITH;
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1. That Chapter 44 of the Miami Beach City Code
entitled "Vehicles and Traffic" is hereby amended by adding an
Article XII entitled "Residential Parking Permits", to read as
follows:
ARTICLE XII. RESIDENTIAL PARKING PERMITS.
SECTION 44-82 . DECLARATION OF NECESSITY AND PURPOSE.
It is hereby found and declared:
(a) That there exists within certain residential areas
of the city, heavy concentration of vehicles which
park all day or all evening, or which in the evening
hours are driven therein without specific
destination and congregating at various points
committing offenses against the peace and dignity_
of the city and the residents thereof.
(b) That the presence of these vehicles cause vehicular
congestion on residential streets, impede the
movement of traffic; and unduly restrict entry of
residents to their homes.
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(c) That such vehicular congestion creates polluted air,
excessive noise, and trash and refuse.
(d) That the conditions and evils mentioned in
subsections (a) , (b) , and (c) of this section
creates blighted or deteriorated residential areas.
(e) That establishment of residential permit parking
areas will help to preserve the character of these
areas as residential neighborhoods, will preserve
property values, and will preserve the safety of
children and other pedestrians.
(f) That establishment of residential permit parking
areas will promote efficiency in the maintenance of
those streets.
(g) That residential permit parking regulations are
necessary to promote the health, safety, and welfare
of the inhabitants of the city.
Sec. 44-83 DEFINITIONS.
For the purpose of Sections 44-82 through and including
44-89.
(a) "Residential areas" shall mean a contiguous or
nearly contiguous area containing public streets or
parts thereof primarily abutted by residential
property or residential and nonbusiness property
such as schools, parks, churches, hospitals, and
nursing homes. A residential area shall contain at
least one-half of a city block bordered by three
public streets, and, if there is an alleyway, also
by an alleyway.
(b) "Commuter vehicle" shall mean a motor vehicle
operated in or parked in a residential area by a
person not a resident thereof.
(c) "Impacted by commuter vehicles" shall mean;
(1) A condition whereby (i) the total number of
spaces actually occupied by any vehicles exceeds 70
percent of the number of spaces on such streets on
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the weekdays of any month; and, (ii) the average
number of commuter vehicles parking on streets in
a residential area is in excess of 25 percent of the
number of parking spaces on such streets,or
(2) A condition whereby an undue number of commuter
vehicles are being driven into or left in a
residential area regularly between the hours of 7 :00
p.m. and 6:00 a.m. of the following day, parking
therein for purposes unrelated to residential uses.
Sec. 44-84. CREATION OF RESIDENTIAL PERMIT PARKING AREA.
(a) Whenever the City Manager shall make a determination
that a residential area is impacted by commuter
vehicles in accordance with the criteria set forth
in Sections 44-82 and 44-83, he may initiate the
creation therein of a residential permit parking
area. A request for a determination by the City
Manager may also be initiated through petition of
a majority of the bona fide residents of a
residential area.
(b) After initiation of the creation of a residential
permit parking area by the City Manager as set forth
above the City Commission shall hold a public
hearing on the matter. Such public hearing shall
be held only after (i) notices have been mailed or
personally delivered to every household that can
reasonably be established within the area under
consideration, and (ii) notice has been posted in
the area under consideration fifteen (15) days prior
to the hearing date. The notice shall clearly state
the purpose of the hearing and the exact location
and boundaries of the proposed residential parking
permit area.
(c) The City Commission shall, by resolution, approve
or disapprove the creation of the residential
parking permit area.
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Sec. 44-85. ISSUANCE OF PERMITS; PLACEMENT OF SIGNS.
(a) Following City Commission approval of the
designation of a residential parking permit area,
the director of the parking department shall issue
the appropriate permits and shall cause parking
signs to be erected in the area, indicating the
times and locations where permit parking shall be
permitted, and clearly stating "Tow-Away Zone".
(b) A permit shall be issued upon application and
payment of fees, if any, only to the owner or the
operator of a motor vehicle who resides on property
immediately adjacent to a street or other location
within the designated area.
(c) Permit fees, if any, shall be approved by resolution
of the City Commission.
(d) The application for a permit shall contain the name
of the owner or operator of the motor vehicle,
residential address, phone number, the make and
model of the motor vehicle, a copy of the
applicant's driver' s license, and a photostatic copy
of the vehicle registration. The permit shall be
renewed in person semi-annually upon such conditions
and procedures as specified by the parking
department. If the applicant is a lessee, a copy
of a current valid lease showing proof of residency
shall also be made part of the application.
(e) The permit shall be displayed on the lower left
corner of the outside rear window or on the left
rear bumper of the vehicle.
(f) The director of the parking department is hereby
authorized to make provisions for:
(1) The issuance and collection of fees, if any,
for temporary permits to bona fide visitors to
residences within designated residential permit
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parking areas; and
(2) The issuance of special permits to allow
service and delivery vehicles to park in the
area under extenuating circumstances.
Sec. 44-86. PARKING IN RESIDENTIAL PERMIT AREAS .
(a) The holder of a residential parking permit which is
properly displayed shall be permitted to stand or
park a motor vehicle in the appropriately designated
parking area. While a vehicle for which a
residential parking permit has been issued is so
parked, such permit shall be displayed so as to be
clearly visible to enforcement personnel. A
residential parking permit shall not guarantee or
reserve to the holder a parking space within the
designated parking area.
(b) A residential parking permit shall not authorize the
holder thereof to park in spaces or areas designated
by law as restricted or prohibited parking (loading
zones, fire hydrants, disabled or other such
regulated areas) , nor shall it exempt him or her
from the observance of any traffic regulations,
other than parking time limits.
(c) Time limits for parking in each residential permit
area shall be posted in plain view and shall be
strictly enforced.
Sec. 44-87 . ENFORCEMENT.
Vehicles found within a residential permit area during
the time limits posted without a valid permit for that
area
(a) shall be issued a uniform parking citation pursuant
to Section 30-388.25 of the Metropolitan Dade County
Code, and
(b) may be towed pursuant to Section 30-384 of the
Metropolitan Dade County Code.
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Sec. 44-88. PARKING PERMIT VIOLATIONS.
It shall be unlawful for any person to represent that he
or she is entitled to a residential parking permit when
he or she is not entitled, or to hold or display such a
permit at any time when they are not entitled.
Sec. 44-89. REVOCATION OF PERMITS AND PENALTIES.
(a) The director of the parking department is authorized to
revoke the residential parking permit of any individual
found to be in violation of the provisions of this
ordinance.
(b) Failure to surrender a revoked permit within ten (10)
working days of written notification from the parking
department shall carry the following penalties:
(1) The violator shall not be allowed to re-apply for
another permit for six months.
(2) Once restored, if the permit holder should once
again have their permit revoked by the department,
the resident would be restricted from applying for
one year.
Sec. 44-90. EXEMPTIONS.
Vehicles with valid handicapped license plates issued by
the Department of Motor Vehicles and displaying the
internationally-accepted wheelchair symbol, handicapped
parking permit, or disabled veteran motor vehicle license
plate are exempt from the requirements of Sec. 44-82
through 44-89.
SECTION 2 . SEVERABILITY.
If any section, subsection, clause or provision of this
ordinance is held invalid, the remainder shall not be affected by
such invalidity.
SECTION 3. CONFLICT.
All ordinances or parts of ordinances in conflict herewith be
and the same are hereby repealed.
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SECTION 4. EFFECTIVE DATE.
This ordinance shall take effect ten (10) days after its
adoption on the 31st day of March , 1990.
PASSED and ADOPTED this 21st day of March , 1990.
CITY OF MIAMI BEACH
1 j
� `r
rary
► OR
Attest By:
CITY C ERR
1st Reading 3/7/90
2nd Reading 3/21/90 FORM APPROVED
LEGAL DE/T./
By . A1.
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Date 315 /cta
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PMI ky> FLORIDA 3 3 1 3 9
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4-14,H 16R�
OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
`
COMMISSION MEMORANDUM NO. 1 5
DATE: March 7 , 1990
TO: Mayor Alex Da. . • and `
Members of a Cityy Comm' si an
r_
FROM: Rob W. Parks `,4/
City Manager
SUBJECT: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, CREATING A NEW ARTICLE XI, CHAPTER 44 OF THE CITY CODE,
ENTITLED "RESIDENTIAL PARKING PERMITS"; REGULATING THE ISSUANCE OF
PERMITS AND THE PLACEMENT OF SIGNS WITH DESIGNATED AREAS; PROVIDING
RESTRICTIONS ON PERMIT HOLDERS; ESTABLISHING VIOLATIONS OF THE
ARTICLE; PROVIDING FOR A PROCESS OF REVOCATION OF PERMITS AND
PENALTIES; PROVIDING FOR SEVERABILITY; REPEALING ALL OTHER ORDINANCES
IN CONFLICT THEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE.
During the past several months, the Administration and Commission have been
requested to investigate the feasibility of implementing a residential parking
permit program. Certain criterion including percentage of vehicles used as
commuter vehicles not owned by residents of the target area, inaccessibility of
tenant and unit owners to park their vehicle within a reasonable distance from
their home, and other such concerns will be utilized to help determine the areas
of the City which would benefit most from such a plan.
Through numerous meetings with community leaders, civic groups, and property
owners, it was determined that the Administration would be wise to examine the
specific needs of a target area and establish a pilot residential permit plan
to better meet the parking needs of its respective residents. Under the
conditions of the attached ordinance, the final approval of any residential
permit area would rest with the Commission.
Included in the Administration's review, comparable programs and cities were
contacted regarding their specific programs. Successful programs such as those
found in Salem, OR and Washington, DC were used as the foundation for the Miami
Beach plan. In addition, the Administration reviewed programs from San Jose,
Georgetown University, Boston, and Albany and incorporated the best parts of each
of these programs into our own.
The pilot program is planned to operate for a one-year period. During that time,
the Parking Department will evaluate how the parking needs of the area have been
improved through the program. In addition, the Administration will determine
if any modifications need to be made in order to better meet the parking
requirements of the residents.
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the City Commission adopt the attached
enabling ordinance which will allow the Administration to begin the process of
determining the target areas to be recommended for Commission approval .
RWP:JRB:pc-1
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