BIE - Prohibit Parking, Indian Creek West of Collins Avenue, 41-55 Street (2/9/2024)MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
Mayor Steven Meiner and Members of the City Commission
Alina T. Hudak, City Manager ~~IJ5l- .for
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 106 OF THE MIAMI BEACH CITY CODE, ENTITLED
"TRAFFIC AND VEHICLES," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY
AMENDING SECTION 106-6, ENTITLED "PARKING IN CERTAIN AREA," BY
ESTABLISHING DUTIES OF PROPERTY OWNERS WITH RESPECT TO THE PROHIBITION
ON PARKING ON THE OUTLOTS OF INDIAN CREEK LOCATED WEST OF COLLINS
AVENUE, NORTH OF 41ST STREET; UPDATING PENALTIES FOR VIOLATIONS; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?
X 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
Page2
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. An estimate of the direct economic impact of the proposed Ordinance on private, for-
profit businesses in the City of Miami Beach, if any:
(a) The City estimates that direct compliance costs that businesses may reasonably incur
would be the cost of producing and placing towing notification signs on outlots in the
amount of approximately $20 per sign (two per outlot), which the contracted towing
company would bear.
(b) Violations of the ordinance would subject the outlot owners to fines of $1,000 per day
for first violations, and $5,000 per day for subsequent violations.
(c) The City's regulatory costs are estimated to be minimal, with any increased labor costs
recouped through fines collected.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The City of Miami Beach estimates that 45 businesses are likely to be impacted by the
proposed Ordinance.
14. Additional comments: None
MIAMI BEACH
Rafael A. Paz, City Attorney
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Steven Meiner and Members of the City Commission
Alina T. Hudak, City Manager
FROM:
DATE:
Rafael A. Paz, City Attorney ~
December 13, 2023
FIRST READING
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 106 OF THE MIAMI BEACH
CITY CODE, ENTITLED "TRAFFIC AND VEHICLES," BY AMENDING ARTICLE
I, ENTITLED "IN GENERAL," BY AMENDING SECTION 106-6, ENTITLED
"PARKING IN CERTAIN AREA," BY ESTABLISHING DUTIES OF PROPERTY
OWNERS WITH RESPECT TO THE PROHIBITION ON PARKING ON THE
OUTLOTS OF INDIAN CREEK LOCATED WEST OF COLLINS AVENUE,
NORTH OF 41ST STREET, AND UPDATING PENALTIES FOR VIOLATIONS;
AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DA TE.
The attached Ordinance was prepared at the request of Commissioner David Suarez for
consideration at the December 13, 2023 City Commission meeting.
Pursuant to Chapter 5 ("Off-Street Parking"), Article Ill ("Design Standards") of the City of Miami
Beach ("the City") Resiliency Code, it is unlawful to use the outlets of Indian Creek, the same
being that area bounded on the east by the westerly line of Collins Avenue, on the west by the
easterly bulkhead line of Indian Creek, on the north by the southerly line of 55th Street extended,
and on the south by the northerly line of 41 st Street ("the Outlots"), as a parking lot without meeting
specified design standards.
The Outlets do not meet the design standards set forth in City law. The use of the Outlets for
parking of vehicles in this area creates a danger to pedestrians and motor vehicles, as well as a
disruption to the flow of traffic, as individuals must drive over a curb in order to access this area,
not designed for parking of vehicles.
The proposed Ordinance would require property owners of any portion of the Outlots to ( 1) prohibit
any vehicle from parking, stopping, or standing at any time on the Outlets; (2) enter into a contract
with a private towing company to remove violators when observed by tow truck drivers, City staff,
or the property owners' staff; (3) monitor the Outlets for illegally parked vehicles and have them
removed within thirty (30) minutes; and (4) post required signage to authorize towing.
Any property owner that failed to comply with the requirements of this Ordinance would be cited
by the City's Code Compliance Department and fined $1,000 per day for a first violation and
$5000 per day for each subsequent violation.
RAP/FA/ag
ORDINANCE NO. _
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 106 OF THE MIAMI BEACH
CITY CODE, ENTITLED "TRAFFIC AND VEHICLES," BY AMENDING ARTICLE
I, ENTITLED "IN GENERAL," BY AMENDING SECTION 106-6, ENTITLED
"PARKING IN CERTAIN AREA," BY ESTABLISHING DUTIES OF PROPERTY
OWNERS WITH RESPECT TO THE PROHIBITION ON PARKING ON THE
OUTLOTS OF INDIAN CREEK LOCATED WEST OF COLLINS AVENUE,
NORTH OF 41ST STREET; UPDATING PENALTIES FOR VIOLATIONS; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DA TE.
WHEREAS, pursuant to Chapter 5 ("Off-Street Parking"), Article III ("Design Standards")
of the City of Miami Beach ("the City") Resiliency Code, it is unlawful to use, inter alia, the outlots
of Indian Creek, the same being that area bounded on the east by the westerly line of Collins
Avenue, on the west by the easterly bulkhead line of Indian Creek, on the north by the southerly
line of 55th Street extended, and on the south by the northerly line of 41st Street ("the Outlots"),
as a parking lot without meeting the design standards set forth there; and
WHEREAS, the Outlots do not meet the design standards set forth in City law; and
WHEREAS, individuals using the Outlots for parking of vehicles create a danger because
they have to stop in dangerous areas of Indian Creek Drive and drive their vehicles over a curb
not designed for vehicles to traverse; and
WHEREAS, individuals using the Outlots for parking disturb the health, safety and welfare
of residents and other motorists in the area; and
WHEREAS, accordingly, changes to Section 106-6 of the City Code, governing Outlots
on Indian Creek, are necessary for the health, welfare, and safety of the City.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS:
SECTION 1. That Section 106-6 of Chapter 106 of the City Code is amended created as follows:
CHAPTER 106
TRAFFIC AND VEHICLES
ARTICLE I. IN GENERAL
* * *
Sec. 106-6. Parking in Outlots of Indian Creek certain area.
(a) It_is unlawful to use the outlots of _Indian Creek Parking of motor vehicles in that area
referred to as the outlets of Indian Creek, the same being that area bounded on the east by the
westerly line of Collins Avenue, on the west by the easterly bulkhead line of Indian Creek, on the
north by the southerly line of 55th Street extended, and on the south by the northerly line of 41st
Street (the Qutlots"), as a parking lot without meeting the design standards set forth in City law
shall be deemed a nuisance detrimental to the convenience, comfort and safety of the citizens of
the-city; and-the creation of such-anuisance is hereby declared to be unlawful and hereby
prohibited.
(b) In furtherance of this prohibition, property owners of any portion of the Outlots shall:
() prohibit any vehicle from parking, stopping, or standing at any time on the Outlots;
(ii) enter into a contract as required by City Sec 106-263/7)with a private towing company
authorized to do business in the City to immediately tow any vehicle parked, stopped, or
standing on of any portion of the Outlots owned by the property owner, which contract
must authorize the towing company to immediately tow any vehicle parked, stopped, or
standing on the property owner's Outlot(s), upon the property owner's, the towing
company's, or any City representative's observation of any vehicle parked on the property
owner's Qutlot(s); and
(iii) post all required signage to authorize towing, in compliance with all applicable laws
including, but not limited to, City Code section 106-262a)(3) and Fla. Stat. 715.07.
(c) The property owners of any portion of the Outlots shall also regularly monitor unlawful
parking, stopping, or standing of vehicles on its Outlot(s) and shall call the contracted private
towing company, within thirty (30) minutes, to request the removal of any such vehicle(s) found
to be parked, stopped, or standing on its Outlot(s)
(d) Any property owner that fails to comply with the requirements of this section shall be cited
by the City's Code Compliance Department and fined $1,000 per day for a first violation and
$5000 per day for each subsequent violation.
(b)- Members of the police department are hereby authorized to remove and impound vehicles
so illegally parked in the manner provided by County Gode ohapter 30 and F.S. § 705.101
et seq.
le ¥ *
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4. 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 re-
lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the day of 202
PASSED AND ADOPTED this day of , 202_.
ATTEST:
Steven Meiner, Mayor
Rafael E. Granado, City Clerk
(Sponsored by Commissioner David Suarez)
APPROVED AS TO
FORM 8 LANGUAGE
& FOR EXECUTION
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