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LTC 627-2018 MIAMI-DADE COUNTY PARKING CITATION FINE SCHEDULE - UPDATE~ MIAMI BEACH OFFICE OF THE CITY MANAGER NO. LTC# 627-2018 LETTER TO COMMISSION TO: Mayor Dan Gelber and Members of FROM: Jimmy L. Morales, City Manager DATE: December 4, 2018 SUBJECT: MIAMI-DADE COUNTY PARKING CITATION FINE SCHEDULE-UPDATE The purpose of this LTC (Letter to Commission) is to provide an update regarding Miami-Dade County's ordinance amendment to increase parking citation fines. As you may recall, parking citation fines schedules have not increased in over two decades. Parking rates in both public and private sectors have increased over this period. In fact, the low fine schedule is a deterrent to compliance as an $18 parking citation is generally more feasible than paying for valet or self-parking itself as parking rates are generally higher than the fine. Miami-Dade Commissioner Sally Heyman sponsored an ordinance amending the Clerk of Courts parking citation fine schedule. Today, the Board of County Commissioners (BCC) approved an ordinance amendment (see attached) on second reading increasing parking fines. The new schedule of parking fines is attached. Most notable are increases to overt,ime parking violations from $18 to $32 and obstructing traffic from $28 to $120. The ordinance amendment will be effective on July 1, 2019, to coincide with the State of Florida fiscal year and allow sufficient time for public notice by the Clerk of Courts Office. This is a long awaited enhancement that will undoubtedly encourage compliance of parking regulations; alleviate traffic congestion, and generate additional revenues for the parking and general fund. If you should have any questions, please contact Saul Frances, Parking Director via email at saulfrances@miamibeachfl.gov or at 305.673.7000, extension 6483. c: Kathie Brooks, Assistant City Manager Mark Taxis, Assistant City Manager Susanne Torriente, Assistant City Manager Eric Carpenter, Assistant City Manager Marcia Monserrat, Chief of Staff/Office of the City Manager Daniel Oates, Chief of Police Saul Frances, Parking Director JLM/KGB/SF~ f:\pi ng\$all\sau 1\cmo\MDCParkingCitationFineSched u le 120420 18.1tc.doc MEMORANDUM Agenda Item No. 7(A) TO: Honorable Chairman Esteban L. Bovo, Jr. DATE: December 4, 2018 and Members, Board of County Commissioners FROM: Abigail Price~ Williams County Attorney SUBJECT: Ordinance relating to parking violation fines and costs; deleting section 30~388.21 ofthe Code; amending sections 30-388.32 and 30-450 ofthe Code; increasing certain fines and costs associated with parking violations; and making technical changes A substitute was presented and forward to the BCC with a favo•·able recommendation at the 10-18-18 Public Safety and Health Commit'tee. Substitute 2 differs from Substitute 1 in that it removes the provisions setting aside a portion of costs for a Parking System Trust Fund and for the Clerk's Service Enhancement Trnst Fund and mal<es a technical change. Rule 5.06(i) of the Board's Rules of Procedure provides that differences between. an original item and a substitute item should be uniquely identified in the substitute by double underlining and double strike-through, or where such approach would not clearly show the difference or are not practical, by·providing footnotes or comments on the item. Based on Rule 5.06(i), the preceding comprehensive description of the differences between the original item and substitute is provided in lieu of double underlining and double strike through. The accompanying ordinance was prepared and placed on the agenda at the request of Ptime Sponsor Commissioner Sally A. Heyman. APW/lmp 1\.bigail Price-Williams County Attorney I Memorandum ~mtm.ire» Date: December 4,-2018 ro': Honorable Chairman Esteban L. Bovo, Jr. and Members, Board of Co mmissioners From: ~----r-9 .. Subject: e Relating to Parking VIolations and Fines The proposed ordinance relating to parking violations and fines deletes Section 30-388.21 and amends Sections 30-388.32 and 30-450 of the Code of Miami-Dade County will provide additional revenue to the Clerk of the Courts by Increasing certain fines and costs associated with parking violations. Based on the current levels of citations issued, overall revenues to the municipalities and Clerk's Office are expected to increase between $4.4 million to $8 tnllllon. · E?Zt.J! Deputy Mayor FIS00719 SUB 182364 M d MIAMfH emoran urn mm Date: December 4, 2018- To: Honorable Chainnan Esteban L. Bovo, Jr. and Members, Board of Coun From: Carlos A. Gimenez Mayor Subject: e Related to Parking Violations Fines and Costs The proposed ordinance amends Sections 30-388.32 and 30-450 ofthe Code of Miami-Dade County to increase the fmes and costs associated with parking violations, and designates and sets aside an amount for each assessment for certain purposes. Individuals found to be in violation of this section of the Code will be subject to · er fines and costs. Maurice L. Kemp Deputy Mayor MEMORANDlJM (Revised) TO: Honorable Chairman Esteban L. Bovo, Jr. DATE: December 4, 2018 and Members, Board of County Commissioners FROM: tli~ SUBJECT: Agenda Item No. 7(A) · Please note any items checked. "3-Day Rule" for committees applicable if raised 6 weeks required between first reading and public hearing 4 weeks notification to municipal officials required prior to public hearing Decreases revenues or increases expenditures without balancing budget Budget required Statement of fiscal impact required Statement of social equity required Ordinance creating a new board l'equires detailed County Mayor's 1·eport for public hearing No committee review Applicable legislation requires more than a majority vote (i.e., 2/3's __ , 3/S's __ ,unanimous __ ) to approve Current information regarding funding source, index code and·available balance, and available capacity (if debt is contemplated) required Approved -------------'M=ay,J...::o=r Veto". Agenda Item No. 7(A) 12-4-18 Override ORDINANCE NO. ORDINANCE RELATING TO PARKING VIOLATION FINES AND COSTS; DELETING SECTION 30-388.21 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AMENDING SECTIONS 30-388.32 AND 30-450 OF THE CODE OF MIAMI- DADE COUNTY, FLORIDA; INCREASING CERTAIN FINES AND COSTS ASSOCIATED WITH PARKING VIOLATIONS; AND MAKING TECHNICAL CHANGES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE WHEREAS, Miami-Dade County is authorized, by its Home Rule Charter, to enact laws regarding the regulation of stopping, standing or parking of motor vehicles; and WHEREAS, Miami-Dade County has adopted broad legislation regulating stopping, standing and parking of motor vehicles, including fines associated with violations of the County's laws regarding same; and WHEREAS, the fines associated with violations ofthe County's parking laws have not been modified in over a decade; and WHEREAS, indeed, in many parts of the County, including the City of Miami and the ·---~·---- City of Mian1i Beach, it costs less to pay the fine than to pay for parking; and WHEREAS, the County's parking fines are, in many instances, significantly less than in other parts of the State of Florida; and WHEREAS, increasing certain of the County's fines associated with parking violations would not only make the County more consistent with other cities and counties across Florida, but may also provide additional needed revenue to the Clerk of Courts, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA: 5 Agenda Item No. 7(A) Page2 Section 1. Section 30-388.21 of the Code ofMiami-Dade County, Florida, is hereby deleted as follows: 1 Sec. 30-388.21. t&-3() 388.10. [[Penalty fer Yiolation af 8eetions 3() 388.9 Section 2. All violations of Sections 30 388.9 to and including--30 388.10 [sic] shall be punishable by a fine fl:eHo exceed two hundred and fifty dollars ~GO) or irnprisonmCflt not te-exeeed thit·ty (-10:)-days in the Go'HE:ty Jail, or both, in the discretion of the County Jt1dge;-]] Section 30-388.32 of the Code of Miami-Dade County, Florida, is hereby amended as follows: Sec. 30-388.32 . [[Penalty]J>>Fines and costs<< for violation of . article. (a) Violations of this article shall be punishable by the fine indicated below: Schedule ofParldng Fines and Costs Section No. Initial Fine Fine After 3 0 Cost After Offense Charged Days 30 Days 30-367 [[$33.00]] [[$43.00]] [[$-1+.00]] Parking without valid license >>$47.00<< >>$57.00<< >>$16.00<< plate 30-[[$18.00]] [[$31.00]] [[ $-l-4.00 ]] Parking after violation shows on 378>>(ill<< >>$32.00<< >>$42.00<< >>$16.00<< meter 30-[[$18.00]] [[~.00]] [[$-14.00]] Parking continuously in excess of 378>>®<< >>$32.00<< >>$42.00<< >>$16.00<< maximum time permitted on meter 30-[[$18.00]]. [[~0]] [[$14.00]] Parking for a period longer than 378>>(ill.<< >>$32.00<< >>$42.00<< >>$16.00<< designated on meter giving notice thereof 30-[[$18.00]] [[$31.00]] [[$14.00]] Parking improperly by not 378>>@<< >>$25.00<< >>$38.00<< >>$16.00<< parking wholly within meter parking space Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double an·owed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged. 30-379 [[$23.00]] [[$28.00]] >>$25.00<< >>$38.00<< 30-388.3 [[~]] [[~]] >>$42.00<< >>$52.00<< 30~388.4 [[$28.00]] [[$33.00]] >>$42.00<< >>$52.00<< 30-388.5 [[$28.00]] [[$33.00]] >>$42.00<< >>$52.00<< 30-388.6 [[$~]] [[$28.00]] >>$42.00<< >>$52.00<< 30-388.7 [[$-~]] [[$28.00]} >>$42.00<< >>$52.00<< 30-388.7 [[$23.00]] [[$28.00]] >>$42.00<< >>$52.00<< 30-388.7 [[Sh.~]] [[$28.00]] >>$42.00<< >>t22.00<< 30-388.8 [[$23.00]] [[$28.00]] >>$42.00<< >>$52.00<< 30-388.9 [[$28.00]] [[~]] >>$42.00<< >>$52.00<< 30-388.10 [[$28.00]] [[$33.00]] >>120.00<< >>$150.0Q<< 30-388.11 [[$28.00]] [[$33.00]] >>$120.00<< >>USO.OO<< [[W-[[$33.00]] [[$43-;00]] 388.12]] 30-388.13 [[$28.00]] [[$33 .00]] >>$120.00<< >>$150.00<< 30-388.14 [[$28.00]] [[$33.00]] >>$42.00<< >>$52.00<< [[$14.00]] >>$16.00<< [[$14 .00]] >>$16.00<< [[$14 .00]] >>$16.00<< [[ $-1-4.00]] >>$16.00<< [[$14 .00]] >>$16.00<< [[$14 .00]] >>$16.00<< [[$14.00]] >>$16.00<< [[ $l-4.{-)0]] >>$16.00<< [[$14;00]] >>$16.00<< [[$14.00]] >>$16.00<< [[$14.00]] >>$16.00<< [[$14.0Q]] >>$16.00<< [[$14 .00]] [[$14.00]] >>$16.00<< [[$14.00]] >>$16.00<< Agenda Item No. 7(A) Page3 Parking improperly by not having front of vehicle next to meter or by making meter not visible from street Prohibited at all times in certain places Prohibited at all times on certain streets Prohibited during cetiain hours on certain streets Parking longer than time designated on signs on certain streets Parking in other than parallel position on two-way roadway Parking vehicle more than 12 inches from curb or edge of roadway Parking vehicle in direction opposite to authorized traffic movement Moving other person's parked vehicle without authority Leaving vehicle, except delivery vehicle, for 5 minutes unattended without stopping engine and removing ignition key Parking so as to obstruct traffic on street Hazardous parking on street or highway outside tmmicipality [[WiU:f:aUy elJstr:aeting street lJ:y impeding tl.'affle Of enaangering movement of vehicles or peaestfiftfi:S]] Unlawful parking or obstructing . traffic in alley Parking more than half-hour during night hours prohibited by sign 30-388.16 [[~]] [[$3 :1.00]] >>$42.00<< >>$52.00<< 30-388.17 [[$28.00]] [[~OJ] >>$42.00<< >>$52.00<< 30-388.18 [[$28.00]] [[$33.00]] >>$42.00<< >>$52.00<< 30-388.19 [[$28.00]] [[~OJ] >>$42.00<< >>$52.00<< 30-388.20 [[$28.00]] [[$33.00]] >>$120.00<< >>$150.00<< 30-388.23 [[$23.00]] [[$28.00]] >>$42.00<< >>$52.00<< 30-388.23 [[$23.00]] [[$28.00]] >>$42.00<< >>$52.00<< 30-388.24 [[$23.00]] [[m.oQ]] >>$75.00<< >>$100.00<< 30-388.24 [[$23.00]] [[$28.00]] >>$75.00<< >>$100.00<< 30-388.25 [[$23.QO]] [[$28.00]] >>$32.00<< >>$42.00<< 30-388.26 [[$23.00]] [[$28-40]] >>$42.00<< >>$52.00<< 30-388.27 [[$23.00]] [[$28.00]] >>$42.00<< >>$52.0Q<< 30-388.29 [[~G]] [[$28.00]] >>$42.00<< >>$52.00<< 30-388.30 [[$23 .00]] [[$28.00]] >>$42.00<< >>$52.00<< 30-388.31 [[$23.00]] [[$28.00]] >>$42.00<< >>$52.00<< [[$-±4-.00]] >>$16.00<< [[$14.00]] >>$16.00<< [[$14.00]] >>$16.00<< [[$11.00]] >>$16.00<< [[$14.00]] >>$16.00<< [[$14.00]] >>$16.00<< [[$14.00]] >>$16.00<< [[$14.00]] >>$16.00<< [[$14 .00]] >>$16.00<< [[ $-l-+00]] >>$16.00<< [[$14-.00]] >>$16.00<< [[$14.00]] >>$16.00<< [[$±4:00]] >>$16.00<< [[$.14 .00]] >>$16.00<< [($14 .00]] >>$16.00<< Agenda Item No. 7(A) Page4 Parking adjacent to school when prohibited by sign Parking on narrow street when prohibited by sign Parking on left hand side of one- way street when prohibited by sign Parking on left hand side of one~ way roadway of street with 2 or more roadways Parking near hazardous or congested places Parking in passenger curb loading zone Using passenger curb loading zone for more than 5 minutes to load or unload passengers Parking in freight curb loading zone Using freight curb loading zone for more than 30 minutes Parking in restricted parking zone Bus or taxicab parked in business district other than at bus stop or taxicab stand, respectively Parking in bus stop or taxicab stand Improper angle parking Loading or unloading at angle to curb without required permit Parking truck of 1 ton or more in residential area for more than 1 hour Agenda Item No. 7(A) Page 5 (b) Reduced fine schedule for persons pleading guilty by mail: Upon a finding that it will further the intetests of justice and promote judicial economy, the Chief Judge may, by administrative order, reduce the fines prescribed in subsection (a) of this section. (c) Except as set forth in subsection (a), above, Section 30-447, and Section 30- 292>>ffi(a)(l2)<<, all violations of ordinances and statutes regulating, prohibiting or otherwise controlling the parking of motor vehicles shall be punished by a fine not to exceed [[thirty dollars ($30.00)]] >>$42.00.<<, plus the surcharge provided in subsection (g) and, after thirty (30) days, the imposition of late penalties in the amount of [[t>vventy three dollars ($23.00)]] >>$10.00 plus costs in the amount of $16.00. All fines and costs collected pursuant to this chapter are<< to be distributed in. accordance with this chapter, unless otherwise provided by [[effi.ina:H:ee;]] >>state<< statute>>, including for the provision of the Clerk of the Court's services at the district/satellite courts<< [[,--61'-administrative order of the Ghief Judge]]. (d) In addition to the fines and costs referred to in subsection (a), upon a finding of guilty after trial, the Court shall assess court costs against the guilty party. [[(e) The Chief Judge may, by administrative, order, designate an:d speeially set aside five dollars ($5.00) fer..e..qeh assessment of costs referred to in--subsection (a) for-the establishment of a Parking System Trust Fund and a Court Facility Trust Fund. Three dollars E$3.00) shall be placed in the Parking System Trust Fund-anfr.the remaining two dollars ($2.00) shall be placed in tho Court Facility Tmst Fund. The Chief Judge and the Clerk o:Hhe Comt may authorize expenditure to-these funds for maintel'l:aflee and enhancement of the Parking Violations Bureau an:d court fae-ili:tiefr.. (£1 The Clerk oft'M Courts may designate and specially set aside four dollars ($4.00) f-er-eueh assessment of costs referred to ifr-s.Ubsection (a) for the establishment of-the Clerk's Service Enhancement Trust Fund--which shall be used for the maintenanee-and enhancement of the functioH:S-Of the Cle1k fgj]] >>(e) In addition to the fines and costs t•eferred to in subsection (a), a<< [(A]] surcharge of four dollars ($4.00) is imposed on parking fines>>for the purpose of funding school. crossing guard nrograms. The<< [[and]] monies collected shall be placed in the School Crossing Guard Trust Fund [[as authorized by Section 316.660(4)Ee), Florida Statutes]]. · Section 3. amended as follows: Agenda Item No. 7(A) Page 6 · Section 30-450 ofthe Code of Miami-Dade County, Florida,.is hereby Sec. 30-450. -Penalty for misuse of specially marked parking spaces. It is unlawful for any person to stop, stand, or park a vehicle within any parking space designated for persons transporting young children and strollers, unless such vehicle displays a parking permit decal issued pursuant to administrative order, and such vehicle is transporting a child aged two (2) years or less; provided, however, physically handicapped and/or disabled persons displaying a valid handicapped parking permit shall be permitted to utilize parking spaces designated for persons transporting young children and strollers. Whenever a law et~forcement officer or a parking enforcement specialist finds a vehicle in violation ofthis section, that officer or enforcement specialist shall: (1) Have the vehicle in violation removed to any lawful parking space or facility or require the operator or other person in charge of the vehicle immediately to remove tl1e unauthorized vehicle from the parking space. Whenever any vehicle is removed by a law enforcement officer, parking enforcement specialist, or agency to a storage lot, garage, or other safe parking space, the cost of such removal and parking shall be a lien against the vehicle, or (2) Charge the motor vehicle owner in violation with a noncriminal ti'affic infraction. (a) Whenever evidence shall be presented in any court of the fact that any automobile, truck, or other vehicle was found to be parked in a specially designated parking space in violation of this section, it shall be prima facie evidence that the vehicle was parked and left in the space by the person, firm, or corporation in whose name the vehicle is registered and licensed according to the records of the Division of Motor Vehicles. (b) Violators of this article shall be plmished by [[the maximum]] >>rr<< fine [[for a non moving violation pursuant :te-8hapter 318, Florida 8tatu.tes ]] >>of $48.00<<. Section 4. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remaindet: of this ordinance shall not be affected by such invalidity. /tJ Section 5. Agenda Item No. 7(A) Page 7 It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of tlrls ordinance, including any sunset provision, shall become and be made a part of the Code of Miami~Dade County, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to 11 section," "article," or other appropriate word. Section 6. This ordinance shall become effective . ten ( 1 0) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an ovenide by this Board. PASSED AND ADOPTED: Approved by County Attomey as to form and legal sufficiency: Prepared by: Monica Rizo Perez Prime Sponsor: Commissioner Sally A. Heyman I/ '·