HomeMy WebLinkAboutOrdinance 2024-4678 ORDINANCE NO. 2024-4678
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 106 OF THE CITY CODE,
ENTITLED 'TRAFFIC AND VEHICLES," BY AMENDING ARTICLE III,
ENTITLED "PUBLIC OFF-STREET PARKING FACILITIES," BY CREATING
SECTION 106.118, ENTITLED "PRIVATE PROPERTY USED FOR MOTOR
VEHICLE PARKING; SIGNAGE REQUIRED; PENALTIES," BY ESTABLISHING
SIGNAGE REQUIREMENTS APPLICABLE TO OWNERS OR OPERATORS OF
PRIVATE PROPERTY WHEN SUCH PROPERTY IS OPEN TO THE PUBLIC
FOR PAID MOTOR VEHICLE PARKING; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the City Administration, along with the Mayor and City Commission, have
received numerous complaints from persons concerning private parking lots that appeared (and
they believed)to be public, City-owned property; and
WHEREAS, many of these individuals have also claimed that any subsequent citations
issued by the private property owner/operator caused confusion as they believed the citations
were City-issued and could lead to potential civil or criminal penalties; and
WHEREAS, having one's vehicle towed can be a major inconvenience, expense and
distressing for anyone and, in particular, parents with strollers or young children and persons with
disabilities; and
WHEREAS, the Mayor and City Commission seek to adopt this ordinance in order to
ensure that private properties open to the public for paid parking are clearly and unequivocally
identified as such through the prominent posting of signage at all vehicular access points in order
to avoid any uncertainty or confusion.
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 106-118 of Article III of Chapter 106 of the Miami Beach City Code is
hereby created as follows:
CHAPTER 106
TRAFFIC AND VEHICLES
ARTICLE III. PUBLIC OFF-STREET PARKING FACILITIES
Sec. 106-118. Private property used for motor vehicle parkins: signage required: penalties.
(a) Evert/owner or operator of a Private Property that is open to the public for paid motor vehicle
parking shall place signage to be provided by the City, stating that the property is private
property and is not a public parking facility operated by a governmental entity.
(1) A sion structure with the required signage shall be prominently placed and permanently
installed at each driveway access or curb cut allowing vehicular access to the property
within 5 feet from the public right-of-way lino with the bottom of each sign not less
than 4 feet above ground level and the top of each sion not more than 10 feet above
round level.
(b) The sianage required by subsection (a) herein which shall be in a form approved by the
Mavor and Citv Commission pursuant to duly enacted resolution shall be in addition to any
signs or notices required pursuant to Fla Stat 6 715.07 Fla Stat S 715.075, County Code
section 30-474 or any other provision of law.
(c) Any owner or operator that fails to comply with the requirements of this section shall be cited
bethe City's code compliance department and fined$100 00 per day for a first violation and
$250 00 per day for each subsequent violation.
x x
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
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 a 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 the day of_p!urr� . 2024.
ATTEST;
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DEC 12 2024 even Meiner, Mayor
Rafael E. Granada, City Clerk
Underline denotes additions. y-., APPROVED AS TO
FORM & LANGUAGE
(Sponsored by Vice-Mayor Alex J. Fernandez) S, &FOR EXECUTION
Co-Sponsored by Commissioner Joseph MagaAne
i LoI21Ize>24-
2 City Attorney N ^� Date
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Ordinances - R6 L
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: December 11, 2024 1 9:50 a.m. Second Reading Public Hearing
TITLE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 106 OF THE CITY CODE,
ENTITLED "TRAFFIC AND VEHICLES," BY AMENDING ARTICLE Ili, ENTITLED
"PUBLIC OFF-STREET PARKING FACILITIES;BY CREATING SECTION 106-118,
ENTITLED "PRIVATE PROPERTY USED FOR MOTOR VEHICLE PARKING;
SIGNAGE REQUIRED; PENALTIES,' BY ESTABLISHING SIGNAGE
REQUIREMENTS APPLICABLE TO OWNERS OR OPERATORS OF PRIVATE
PROPERTY WHEN SUCH PROPERTY IS OPEN TO THE PUBLIC FOR PAID
MOTOR VEHICLE PARKING;AND PROVIDING FOR REPEALER,SEVERASILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
BACKGROUNDIHISTORY
ANALYSIS
The proposed Ordinance, sponsored by Commissioner Alex Fernandez, is submitted for
consideration by the Mayor and City Commission.
The City Administration, along with the Mayor and City Commission, have received numerous
complaints from persons concerning private parking lots that appeared (and they believed)to be
public, City-owned property,
Many of these individuals have also claimed that any subsequent citations issued by the private
property owner/operator caused confusion as they believed the citations were City-issued and
could lead to potential civil or criminal penalties. Additionally, having one's vehicle towed can be
a major inconvenience, expense and distressing for anyone and, in particular, parents with
strollers or young children and persons with disabilities.
Accordingly, the Mayor and City Commission seek to adopt the proposed Ordinance in order to
ensure that private properties open to the public for paid parking are clearly and unequivocally
identified as such through the prominent posting of signage at all vehicular access points in order
to avoid any uncertainty or confusion.
FISCAL IMPACT STATEMENT
The sponsor of this item requests that the Administration be prepared to address the fiscal impact
of this proposed measure, when the item is heard at the City Commission meeting.
Page 563 of 1452
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE)was published on: 11/27/2024
See BIE at: hftps://www.miamibeachfi.gov/city-hallicityalerk/meeting-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
Is this a "Residents Right to Know" item. Is this item related to a G.O. Bond
Pursuant to City Code Section 2-17? Project?
No No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s)�
Department
City Attorney
Sponsor(s)
Commissioner Alex Fernandez
Co-sponsor(s)
Commissioner Joseph Magazine
Condensed Title
9 50 a.m. 2nd Rdg, Ch. 106, Private Parking Lot Signage. (Fernandez/Magazine) CA
Page 564 of 1452