Ordinance 2018-4194ORDINANCE NO, 2018 -4194
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,
ENTITLED "TRAFFIC AND VEHICLES," BY AMENDING ARTICLE
II, ENTITLED "METERED PARKING," BY AMENDING DIVISION 1,
ENTITLED "GENERALLY," BY AMENDING SECTION 106 -55,
ENTITLED "PARKING RATES, FEES, AND PENALTIES;
EXCEPTIONS," BY AMENDING SUBSECTION (N) RELATING TO
"SMARTWAY VEHICLE INCENTIVES;" TO INCREASE THE
NUMBER OF PERMITS ELIGIBLE TO PARTICIPATE IN THE
REDUCED PARKING FEE PERMIT PROGRAM, AND PROVIDING
FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, in 2007, the City has developed and codified parking incentives for
Inherently Low Emission Vehicles ( "ILEV ") which are classified by the Environmental
Protection Agency (EPA) as " Smartway" vehicles; and
WHEREAS, the City Code provides for a maximum of 500 citywide parking
permits at $100, for qualifying "Smartway" vehicles; and
WHEREAS, in January 2018, the limit of 500 citywide parking permits was
exhausted; and
WHEREAS, on January 17, 2018, the Mayor and Commission referred Item
No. C4I, entitled, "Referral to Sustainability and Resiliency Committee (SRC)
Regarding Parking Incentives for " Smartway" (ILEV — Inherently Low Emission
Vehicles) Vehicles to the Sustainability and Resiliency Committee for a discussion
regarding citywide parking permit for " Smartway" vehicles; and
WHEREAS, on March 14, 2018, the Sustainability and Resiliency Committee
discussed the referenced item and approved the following motion:
(1) Increase the quantity of citywide parking permits for "Smartway"
vehicles from 500 to 1,000; and
(2) Upon reaching the sale of 750 "Smartway" citywide permits, the
Sustainability and Resiliency Committee (SRC) shall take this matter
under consideration and provide a recommendation to the City
Commission. The Parking Department shall notify the SRC upon
reaching 750 "Smartway" citywide permits.
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 II, "Metered Parking,"
Division 1, "Generally," Section 106 -55, "Parking Rate Fees, and Penalties," of the
Code of the City of Miami Beach, Florida, is hereby amended as follows and
additional sections that are not amended are provided for reference purposes:
CHAPTER 106
TRAFFIC AND VEHICLES
*
Article II. Metered Parking
Division I. Generally
Sec. 106 -55. Parking rates, fees, and penalties; exceptions.
(n) Smartway vehicles incentive. The Smartway program will use the state
ILEV list; EPA (Environmental Protection Agency) " Smartway" designation; and allow
all street legal electric vehicles to qualify for participation in the program. Incentives to
be offered to qualified and registered vehicle owners include:
(1) Monthly parking permit holders for all facilities will be afforded a
50- percent discount on the monthly rate.
(2) Residential permit holder in all designated zones shall receive a
50- percent savings on either their annual or semi - annual
residential permit.
(3) One Thousand F,- e-h, nd+e4 city -wide parking decals, honored
at metered spaces only, shall be available only to state -
registered Smartway vehicles; vehicles receiving an EPA
(Environmental Protection Agency) " Smartway" designation;
and all street legal electric vehicles on a first -come, first- served
basis. The cost of the Smartway city -wide decal is $100.00 per
year, Upon reaching the sale of 750 "Smartway" citywide
permits, the Sustainability and Resiliency Committee shall take
this matter under consideration and provide a recommendation
to the City Commission.
(4) Two percent of the parking spaces at the 42nd Street Municipal
Parking garage may be designated as " Smartway Vehicle
Parking Only" for use by recognized Smartway vehicles. One
percent of the parking spaces at the 7th Street garage and 13th
Street garage may be designated as " Smartway Vehicle Parking
Only" for use by recognized Smartway vehicles. Notwithstanding
2
the preceding sentence, the city manager or his designee, who
shall be the city's parking director, reserves the right, in his
reasonable business judgment and discretion, to temporarily
suspend the aforestated "Smartway Vehicle Parking Only"
during special events in order to ensure maximum utilization of
all parking spaces.
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 (10) days following adoption.
PASSED AND ADOPTED this 6' day of Ma y , 2018.
an Gelber, Mayor
ATTEST:
r„......,./ /
:7-Ailfr
Rafael . & v do, City Clerk
Underline denotes new language
Strike through denotes deletions
Sponsored by Commissioner Micky
APPROVED AS TO
FORM & » NGU
& FOr/ XECU
.INCORP
n erg `1
3
CI Attorney
MIAMI BEACH
Ordinances - R5 F
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: May 16, 2018
1:35 p.m. Second Reading Public Hearing
SUBJECT: 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, ENTITLED "TRAFFIC AND VEHICLES,"
BY AMENDING ARTICLE II, ENTITLED "METERED PARKING," BY AMENDING
DIVISION 1, ENTITLED "GENERALLY," BY AMENDING SECTION 106 -55,
ENTITLED "PARKING RATES, FEES, AND PENALTIES; EXCEPTIONS," BY
AMENDING SUBSECTION (N) RELATING TO "SMARTWAY VEHICLE
INCENTIVES ;" TO INCREASE THE NUMBER OF PERMITS ELIGIBLE TO
PARTICIPATE IN THE REDUCED PARKING FEE PERMIT PROGRAM, AND
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the Mayor and Commission hold the requisite public hearing and approve the
attached ordinance amendment on second reading.
COMMISSION COMMITTEE RECOMMENDATIONS
On January 17, 2018, the Mayor and Commission referred Item No. C41, entitled, "Referral to Sustainability and
Resiliency Committee (SRC) Regarding Parking Incentives for "Smartway' (ILEV — Inherently Low Emission
Vehicles) Vehicles for a discussion regarding citywide parking permit for "Smartway' vehicles.
On March 14, 2018, the SRC discussed the referenced item and approved a motion to:
1. Increase the quantity of citywide parking permits for "Smartway' vehicles from 500 to 1,000; and
2. Upon reaching the sale of 750 "Smartway' citywide permits, the Sustainability and Resiliency Committee
(SRC) shall take this matter under consideration and provide a recommendation to the City Commission.
The Mayor and City Commission accepted the SRC recommendation on first reading.
ANALYSIS
Since 2007, the City has developed and codified parking incentives for ILEV (Inherently Low Emission Vehicles)
which are classified by the EPA (Environmental Protection Agency) as "Smartway" vehicles.
The City Code provides for a maximum of 500 citywide parking permits at $100, for qualifying "Smartway' vehicles,
Earlier this year, the 500 permit threshold was met. This resulted in the aforementioned referral to and
Page 1086 of 1842
recommendation by the SRC.
The foliowing is the recommended amendment to the City Code:
Sec. 108-55.~ Parking rates, fees, and penalties; exceptions.
(n) Smartvtay vehicles incentive. The Smartway program will use the state ILEV Iist; EPA (Environmental
Protection Agency) "Smartwmy' designation; and allow all street legal electric vehicles to qualify for
participation in the program. Incentives to be offered to qualified and registered vehicle owners include:
1. One Thousand -Fivc hundred. city-wide parking decals, honored at metered spaces only, shall be available only
to state-registered Smartway vehicles; vehicles receiving an EPA (Environmental Protection Agency)
"8madmmy'duoignadon; and all street legal electric vehicles on a first-come, first-served basis. The cost of the
8martwayoihy-widedeou|io$1OO.UUporyeacUponmaohingthaaa|eof750''SmurtwoV'oitfwidepermito.tha
Sustainability and Resiliency Committee (SRC) shall take this matter under consideration and provide a
recommendation to the City Commission.
CONCLUSION
The Administration recommends that the Mayor and Commission hold the requisite public hearing and approve the
attached ordinance amendment on second reading.
Legislative Tracking
Parking
Sponsor
Vice-Mayor Micky Steinberg
ATTACHMENTS:
Description
o
Ordinance
Page 1087 of 1842