Ordinance 86-2512 ORDINANCE NO. 86-2512
AN ORDINANCE AMENDING SECTION 44-43, 44-49, AND 44-
50.1 OF THE CODE OF THE CITY OF MIAMI BEACH,
FLORIDA, INCREASING SCHEDULE OF FINES FOR OFF-
STREET PARKING VIOLATIONS, AND PRESCRIBING
PROCEDURES TO BE FOLLOWED FOR REMOVAL OF LICENSE
TAG FOR FAILURE TO COMPLY WITH A NOTICE ATTACHED
TO A VEHICLE; PROVIDING FOR REPEAL OF ORDINANCES
IN CONFLICT; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1:
That Sec. 44-43 of the City of Miami Beach Code is hereby amended as follows:
Section 44-43 Penalties for violations of Sections 44-20, 44-21,
44-28 and 44-29
The following shall constitute the fixed, uniform schedule of
fines to be paid by offenders to the traffic violations bureau for
violations of Sections 44-2Q, 44-21, 44-28 and 44-29
(a) Overtime parking in a metered zone, if paid within forty-
eight hours of issuance (excluding weekends and national
holidays) ... $ 6.00
(1) If paid within thirty days of issuance, but after forty-
eight hours, each ticket ... $9.99 $13.00
(2) After thirty days or five tickets, whichever comes first,
each ticket ... SIM() $18.00
(b) Overtime parking in a posted time zone ... $6,44 $10. 00
(1) After thirty days or five tickets, whichever comes first,
each ticket ... WAG $18.00
(c) Restricted or improper parking ... $6T40 $10.00
(1) After thirty days or five tickets whichever comes first,
each ticket ... $]3TAA $18.00
WAG(d) Prohibited or hazardous parking WAG $14.00
(1) After thirty days or five tickets, whichever comes first,
each ticket ... $2ATAA28.00
(e) No valid license plate ... $I5T00 $21. 00
(1) After thirty days or five tickets, whichever comes first,
each ticket ... $25TAA $35.00
SECTION 2:
That Sec. 44-49 of the Code of the City of Miami Beach, Florida be and the same is
hereby amended to read:
Section 44-49 - When complaint to be issued or immobilizing
device to be attached or vehicle license tag to be removed.
In the event any person fails to comply with a notice given to
such person or attached to a vehicle with the same license tag
number or fails to make an appearance pursuant to a summons
directing an appearance in the county court or traffic violations
bureau, or if any person fails or refuses to deposit bail as
required and within the time permitted by this chapter, the
clerk of the county court shall forthwith issue a criminal
complaint entered against such person and pursuant to the
court's direction issue a warrant for his arrest. As a cumulative
civil remedy, a person failing to comply with the notice
requirement of this section may have his motor vehicle
immobilized or his vehicle license tag removed after the
requirements of Sec. 44-50.1 are met.
SECTION 3:
That Sec. 44-50.1 of the Code of the City of Miami Beach, Florida be and the same is
hereby amended to read:
Section 44-50.1 - Motor vehicle immobilizing devices; removal of
license tag; towing. '
•
(a) The city's parking system supervisor or his designee is
hereby authorized to attach a "Denver boot" or other non-
destructive device which prevents a vehicle from being removed
under its own power, to a motor vehicle or to remove the
vehicle's license tag under the following conditions:
(1) Any motor vehicle with the same license tag number has
on at least seven prior occasions been found stopped,
standing or parked on any street, alley or thoroughfare
within the city in violation of state law or city ordinance,
for which parking tickets have been issued and to which the
registered owner as indicated by the license tag has failed
or refused to respond by requesting an administrative
hearing before the parking systems supervisor or his
designee or a court date to contest the parking tickets or by
paying the civil penalties indicated upon the parking tickets;
and
(2) The registered owner of the motor vehicle, as
determined by the license tag number has been given notice
by mail or hand delivered a notice that the provisions of this
section will be enforced against the motor vehicle with the
same tag number unless, not more than (5) five calendar
days from the date of receipt of the notice, the owner shall
pay the civil penalties, as enumerated in Sec. 44-43, for all
such outstanding citatioris and summonses; and
(3) The registered owner of the motor vehicle, as
determined by the license tag number has failed or refused
to respond to the notice described in subsection (2) by
paying such civil penalties or providing adequate proof that
the registered owner has requested a court date for the
purpose of contesting the parking tickets. Adequate proof
shall be affidavit from the Clerk of the Dade County Court
or his deputies that a court date has been requested.
(b) The parking system supervisor or his designee shall maintain
a current list of all motor vehicle tag numbers to which an
immobilization device may be attached pursuant to this section.
Said list shall be updated every two weeks and a copy given to
the Police Chief and the City Manager.
(c) The immobilizing device shall be attached to the motor
vehicle with the same license tag number at any location within
the city where the motor vehicle with the same license tag
number may be found, if that location is in a right-of-the-way or
a place where the public is invited to travel; except that no
motor vehicle shall be immobilized within the traveled portion of
any street or in any portion of any street
when immobilization at such place would create a hazard
to the public or to traffic.
(d) At the time that an immobilizing device is attached to a
motor vehicle, a notice shall be affixed to the front windshield
on the passenger's side or to the left front window stating that
the immobilizing device has been attached and cautioning the
operator not to attempt to operate the motor vehicle or to
attempt to remove the immobilizing device. The notice shall
inform the owner or operator of the motor vehicle, as
determined by the tag number, of the total amount of- civil
penalties assessed under the citations for which the motor
vehicle is immobilized, plus the removal charge for removal of
the immobilizing device or return of the license tag,the hours
which the parking system office shall be open and the location
to which the owner or operator must go in order to pay the civil
penalties and removal charge and have the immobilizing device
removed from the motor vehicle.
(e) The immobilizing device shall be removed from.the motor
vehicle and the license tag returned only upon payment of the
civil penalties assessed under the citations for which the motor
vehicle has been immobilized, plus the removal charge, and upon
Revised 5/1/87 �'
the authorization of the parking system supervisor of the city or
his designee or the City Manager.
(1) The registered owner of a vehicle which has been
immobilized with an immobilizing device or whose license
tag has been removed shall have the right to request the
parking system supervisor or his designee to conduct an
•
administrative hearing for the purpose of determining
whether such vehicle was properly immobilized in
accordance with the terms of this ordinance. The hearing
shall be held within (24) twenty-four hours of such a request
being made, or at such other time as may be requested by
the owner, excluding weekends and City holidays. The
owner requesting the hearing shall receive notice of its
date, time and place at the time the request is made. If,
upon the conclusion of the hearing, the parking system
supervisor or his designee determines that the vehicle was
properly immobilized in accordance with the terms of this
ordinance, the owner or operator, in order to obtain the
removal of the immobilizing device or the return of the
license tag shall pay the City the amount indicated in
subsection (D). If the parking system supervisor or his
designee determines that the vehicle was not properly
immobilized, the immobilizing device shall be removed
ithmediat;elyor the vehicle license tag shall be returned
immediately.
(f) The removal charge for the authorized removal of an
immobilizing device is hereby established in the amount of thirty
dollars ($30.00).
(g) As an additional remedy if an immobilizing device remains
on a motor vehicle or a license tag remains removed for more
than 24 hours, any motor vehicle, as described in subsection (a),
may, at the discretion of the parking system supervisor or his
designee, be towed from any location where it may be found
within the City, if the location is in a right-of-way or a place
where the public is invited to travel, and shall be impounded
until the registered owner pays all outstanding civil penalties,
the removal charge and the costs of towing and impoundment.
(1) It shall be unlawful for any person, locksmith or towing
company to tamper with an immobilizing device or move an
immobilized vehicle without the express written consent of
the parking systemsupervisor or his designee. Anyone
found guilty of tampering with the immobilization device or
moving an immobilized vehicle shall be fined not less than
two hundred fifty dollars ($250.00), nor more than five
hundred dollars ($500.00), in addition to the value of the
immobilizing device.
(h) This ordinance shall be applied retrospectively, such that an
outstanding citation or summons issued prior to the effective
date hereof shall be includable in determining whether the
requirements of subsection (a)(1) have been met.
(1) Proof of ownership shall be determined by the motor
vehicle license tag number. If said tag has been transferred
to another car, this shall not relieve the tag owner from
liability under the parking section of the code.
SECTION 4: REPEALER
All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 5: SEVERABILITY
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
revised 5/1/87
s
•
SECTION 6: EFFECTIVE DATE
This Ordinance shall take effect 10 days after its adoption on September 13
1986.
PASSED and ADOPTED this 3rd day of September , 1986.
A • '
ATTEST:
CITY CLERK
1st Reading - July 23, 1986
2nd Reading - September 3, 1986
RWP/pb tY
Requested by the Finance Director 6 Gnn.1io,
cd U
44 ri I r4
o w a) N ,
P O O (3)
LZ 4-1 4-1
• -
O Uir) 0 cd
I a) - 3 0 o
(N -t Pa O O r-I +-1
r-I �t 4a ^r-I •rl
Li-) •r1 U) r-I CLS T)
N '0 U) 0 0 4-I a)
a0 •�r4i �-' •ri 3-1 U
00 .Cy •rl 4-) a) O cd
.-a LP 0 .0 4a .41
Qi' • 0. 4-1 r I 4J
Z HZ \I O O •r1
C7 a1
'--I W • -• +J (1) U) U
x U •ri r—I bD (1) a) •rl
o ^U i~
H �I ,.0 4 Sxa a1 U
• u a) a. o
o coy 4-+
GD
0
4-3
CI)) a o .r+
q a) •ri a) OD 3
•ri
e0 CO H
b 0 cti +.1 •1-1 c �,
>✓ J a) m ,0
P I •rI 0 0.
4 0 4-4 U N O
4-1 •H 0 CO $4 C.)