BIE - Modify High Impact Parking Rate Fee (2/9/2024)MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO: Mayor Steven Meiner and Members of the City Commission
FROM: Alina T. Hudak, City Manager ~ ~ --ty
MEETING DATE: February 21, 2024
SUBJECT: BUSINESS IMPACT ESTIMATE FOR:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH,
ENTITLED "PUBLIC PROPERTY." BY AMENDING ARTICLE V, ENTITLED "BEACHES," BY
AMENDING DIVISION 1. ENTITLED "GENERALLY," BY AMENDING SECTION 82-443
THEREOF. ENTITLED "HIGH IMPACT PERIODS WITHIN HIGH IMPACT ZONES," IN ORDER
TO MODIFY THE HIGH IMPACT PARKING RATE TO A HIGH IMPACT PARKING RATE OF
UP TO $100.00, WITH AN EXCEPTION FOR RESIDENTS AND EMPLOYEES OF LOCAL
BUSINESSES; AND BY AMENDING APPENDIX "A" OF THE CITY CODE, ENTITLED "FEE
SCHEDULE," TO REFLECT THE AMENDMENT IN SECTION 82-443; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?
0 Yes □No (If no, please check one of the boxes below)
If one or more boxes are checked below, this means the City of Miami Beach has
determined that a Business Impact Estimate for the above-referenced Ordinance is not
required by State law.
□The proposed Ordinance is required for compliance with Federal or State law or
regulation;
□The proposed Ordinance relates to the issuance or refinancing of debt;
□The proposed Ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
□The proposed Ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the City;
□The proposed Ordinance is an emergency ordinance;
□The Ordinance relates to procurement; or
□The proposed Ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c. Section 553. 73, Florida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
Business Impact Estimate
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If none of the above exceptions apply, this Business Impact Estimate is hereby provided
in accordance with Section 166.041 ( 4 ), Florida Statutes.
1.A summary of the proposed Ordinance and its purpose is more fully set forth in the
Commission Memorandum accompanying the Ordinance, as well as in the recitals to the
Ordinance itself, which are attached hereto.
2. The City of Miami Beach estimates that the proposed Ordinance will have no direct
economic impact on private, for-profit businesses in the City of Miami Beach, that the
proposed Ordinance will have no direct compliance costs that businesses may
reasonably incur; that the proposed Ordinance will not impose any new charge or fee for
which businesses will be financially responsible, and that the proposed Ordinance will not
impact the City of Miami Beach's regulatory costs and will not generate any revenue from
new charges or fees.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The City of Miami Beach estimates that there will be no direct cost incurred by the
businesses as the result of the proposed Ordinance. Potential loss of revenue may occur
if patrons choose to avoid visiting an establishment due to the inconvenience of higher
parking rates, but it is impossible to estimate any such approximate indirect costs.
14. Additional comments: None.
MIAMIBEACH
Rafael A. Paz, City Attorney
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florido 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Steven Meiner and Members of the City Commission
Alina T. Hudak, City Manager
FROM: Rafael A. Paz, City Attorney
DATE: January 31, 2024
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF THE
CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING
ARTICLE V, ENTITLED "BEACHES," BY AMENDING DIVISION 1, ENTITLED
"GENERALLY," BY AMENDING SECTION 82-443 THEREOF, ENTITLED
"HIGH IMPACT PERIODS WITHIN HIGH IMPACT ZONES," IN ORDER TO
MODIFY THE HIGH IMPACT PARKING RATE TO A HIGH IMPACT PARKING
RATE OF UP TO $100.00, WITH AN EXCEPTION FOR RESIDENTS AND
EMPLOYEES OF LOCAL BUSINESSES; AND BY AMENDING APPENDIX "A"
OF THE CITY CODE, ENTITLED "FEE SCHEDULE," TO REFLECT THE
AMENDMENT IN SECTION 82-443; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
FIRST READING
The proposed Ordinance was prepared at the request of Commissioner Alex J. Fernandez for
consideration at the January 31, 2024 City Commission meeting.
Due to the City of Miami Beach's domestic and international popularity as a resort destination,
many large-scale events and activities, both authorized by City permits and otherwise, occur on
the beaches and on the City's property. The City has been seeing an increasingly large number
of visitors during these large-scale events and activities, and the sizeable number of individuals
attending these events/activities has posed numerous challenges for the City, including a surge
in the number of vehicles seeking parking spaces.
The sponsor of this Ordinance proposes to modify the high impact parking rate to up to $100.00,
with an exception for residents and employees of local businesses, to manage and regulate the
demand for limited parking resources effectively, and incentivize event attendees to explore
alternative transportation options such as public transit, ridesharing, or carpooling.
RAP/FA/ag
ORDINANCE NO. _
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE
CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC
PROPERTY," BY AMENDING ARTICLE V, ENTITLED "BEACHES," BY
AMENDING DIVISION 1, ENTITLED "GENERALLY," BY AMENDING
SECTION 82-443 TH ERE OF, ENTITLED "HIGH IMPACT PERIODS
WITHIN HIGH IMPACT ZONES," IN ORDER TO MODIFY THE HIGH
IMPACT PARKING RA TE TO A HIGH IMPACT PARKING RA TE OF UP
TO $100.00, WITH AN EXCEPTION FOR RESIDENTS AND
EMPLOYEES OF LOCAL BUSINESSES; AND BY AMENDING
APPENDIX "A" OF THE CITY CODE, ENTITLED "FEE SCHEDULE,"
TO REFLECT THE AMENDMENT IN SECTION 82-443; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach is an internationally renowned tourist
destination that is famous for its beaches, shopping, arts and entertainment, which are
among the best in the world; and
WHEREAS, due to its domestic and international popularity as a resort
destination, many large-scale events and activities, both authorized by City permits and
otherwise, occur on the beaches and on the City's property; and
WHEREAS, the City has seen an increasingly large number of visitors during
these large-scale events and activities, and the sizeable number of individuals attending
these events/activities has posed numerous challenges for the City, including a surge in
the number of vehicles seeking parking spaces; and
WHEREAS, the Mayor and City Commission wish to modify the high impact
parking rate to up $100.00, with an exception for residents and employees of local
businesses, to manage and regulate the demand for limited parking resources
effectively, and incentivize event attendees to explore alternative transportation options
such as public transit, ridesharing, or carpooling.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Division 1 of Article V of Chapter 82 of the Code of the City Miami
Beach is hereby amended as follows:
CHAPTER 82
PUBLIC PROPERTY
k * . *
ARTICLE V. BEACHES
* k *
DIVISION 1. GENERALLY
* * *
Sec. 82-443. High impact periods within high impact zones.
(a) Definitions.
High impact zone means:
(1) The area(s) of the city, which may include the public beach property, that the
city manager designates as subject to a high impact period.
High impact period means:
(1) An event, activity or period of time within a high impact zone for which no city
issued special event permit has been granted, and either (i) in the prior
calendar year, generated attendance of more than 10,000 people; or (ii) if it is
the first occurrence of an event, activity or period of time, it is expected to
generate attendance of more than 10,000 people, as determined by the city
manager, in his or her reasonable discretion; or
(2) An event that is held pursuant to a city-issued special event permit, which is
expected to result in attendance by more than 25,000 people within a high
impact zone, as determined by the city manager, in his or her reasonable
discretion.
Note(s)-The city manager's determination of a high impact period should be limited to
a finite period ("96 hours"), unless otherwise extended by the mayor and city
commission.
(b) City manager's authority to impose immediate measure(s) during high impact
periods. Whenever the city manager determines that a high impact period in a high
impact zone will occur, or is in progress, one or more of the following immediate
measures may be imposed to protect the public health, safety and welfare
including, without limitation, the protection of public and private property from
damage, degradation, and/or unauthorized uses:
(1) The implementation of a high impact parking rate of up to $100.00, with an
exception for residents and employees of local businesses equal to double the
event flat rate otherwise in effect.
(2) The implementation of a high impact, non-resident towing rate equal to double
the non-resident towing rate otherwise in effect.
(3) The limitation of traffic routes to prohibit vehicular access to non-residents, and
permit access only for residents and those patrons and employees of
businesses located in the specific area where traffic routes have been limited.
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(4) The establishment of occupancy limits for different segments of public beach
property and prohibiting access to those areas that have reached such
occupancy limits.
(5) The prohibition of coolers and inflatable devices on public beach property.
(6) The prohibition of tents, tables, and similar structures.
(7) The closure of any segment(s) of the public beach property at 6:00 p.m., unless
any such area is utilized for a ticketed special event.
(8) The suspension, or the issuance, of a business tax receipt to promoters
pursuant to section 102-360 of this Code.
(9) The requirement that all sound amplification devices, other than cellular
telephones, smart watches and those devices contained within a motor vehicle,
must obtain a permit from the city prior to the use of any such sound
amplification device on public property.
(c) Notification of high impact period measures. When one or more immediate
measures are implemented by the city manager pursuant to subsection (b) above,
the city manager shall provide written notice to the mayor and city commissioners
of the measures he or she intends to take, including their intended duration;
provided, however, that the city manager shall not implement such measures for a
consecutive period of more than 96 hours without calling an emergency meeting of
the city commission and getting the city commission's approval to extend. Notice
shall also be provided to appropriate news media for publication and to local radio
and television stations for broadcast, as well as posted on the city's website. If
practicable, signs may be posted in the impacted area(s) advising of the measures
during the duration of such measures.
(d) Enforcement; penalty. Any violation of the measures imposed pursuant to
subsection 82-443(b) above shall be punished as provided in section 1-14 of this
Code.
SECTIN2 Appendix A, entitled "Fee Schedule," is hereby amended as provided in
"Exhibit A" to this Ordinance.
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.
3
SECTION 5. 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 6. EFFECTIVE DATE.
This Ordinance shall take effect on the day of,2024.
PASSED AND ADOPTED this __ day of,2024.
ATTEST:
Steven Meiner, Mayor
Rafael E. Granado, City Clerk
Underline denotes additions
Strikethrough denotes deletions
(Sponsored by Commissioner Alex J. Fernandez)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION RY>
cry Ator·y ,
4
EXHIBIT "A"
APPENDIX A- FEE SCHEDULE
FEE SCHEDULE
Pursuant to section 1-15 of this Code, this appendix includes all fees and charges established
by the city commission that are referred to in the indicated sections of the Code of Ordinances.
Certain specified fees and charges, as identified herein, shall be subject to annual adjustment
by the city manager, pursuant to the provisions of section 1-15 and this Appendix "A". A
schedule of all current city fees and charges as set forth in Appendix "A" shall be maintained on
the city's website.
Section of this Description Amount Annual
Code (Sales tax Adjustment
or other (Reference
taxes may s shown
apply) are defined
at the end
of this
Appendix
A)
Chapter 82._ Traffic and_ Vehicles
* i *
Article V. Beaches
DIVISION 1. GENERALLY
82-443(b)1) High impact parking rate up to
$100.00
with an
exception
for
residents
and
employees
of local
businesses
Double the
event flat
rate
otherwise
in effect