R5G-Private Parking Facilities With Automated Payment Machines -Libbin-COMMISSION ITEM SUMMARY
Condensed Title:
Amendment of the City Code Chapter 106, "Traffic and Vehicles"; Article VI, "Towing and
Immobilizations"; Section 262(a)(5), "Vehicles Parked On Private Property; Towing"; Requiring
Notification Of Private Property With Automated Payment Machine Use; Providing For Codification,
Repealer, Severability And Effective Date.
Key Intended Outcome Supported:
74% of residents and 72% of businesses rate the availability of parking across the City as too little or
much too little. Availability of parking was one of the changes residents identified to Make Miami
Beach better to live, work or play.
Issue:
Shall the City Commission approve the proposed amendment to the City Code requiring notice
at rivate arkin facilities with automated a ment machines?
Item Summary/Recommendation:
On February 8, 2012, the Mayor and City Commission approved a referral to the Neighborhoods and
Community Affairs Committee (NCAC) for a discussion regarding a draft ordinance to regulate private
parking lots or facilities with automated parking systems.
On May 22, 2012, the NCAC held a follow-up discussion, regarding the proposed amendment to the
City Code and recommended approval of the proposed ordinance, including the attached notice which
must be prominently posted at all times. The City Attorney's Office and the Administration drafted the
following amendment to the City Code and notice (see attached) regulating enforcement of private
parking facilities with automated parking systems.
FISCAL IMPACT-The City Administration evaluated the long term economic impact (at least 5 years)
of this proposed legislative action and determined that the proposed Ordinance would have no fiscal
impact to the City.
The Administration recommends that the Mayor and Commission approve the proposed
ordinance upon first reading and set a second reading public hearing for September 12, 2012.
Financial Information:
Source of Amount
Funds:
1 $
OBPI Total $
Financial Impact Summary: . C1ty Clerk's Office Legislative Trackmg:
I Saul Frances, Parking Director
Sign-Offs:
Department Director
SF JGG
T:\AGENDA\2012\07 -18-12\PrivateParkingFacilitiesAu
MIAMI BEACH
Account
573
Approved
AGENDA ITEM _1(.;..=....;;;.$""_(;-,..---
DATE r/ f-/2-
m MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov
COMMISSION MEMORANDUM
TO:
FROM:
Mayor Matti Herrera Bower and Members of the City?L Cm ission
Kathie G. Brooks, lntertm City Manager / ,_//. j.
DATE: July 18, 2012 First Reading
SUBJECT: PRIVATE PARKING FACILITIES WITH AUTOMATED PAYMENT
MACHINES
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, "TRAFFIC AND
VEHICLES"; ARTICLE VI, "TOWING AND IMMOBILIZATIONS"; SECTION
262(a)(5), "VEHICLES PARKED ON PRIVATE PROPERTY; TOWING";
REQUIRING NOTIFICATION OF PRIVATE PROPERTY WITH AUTOMATED
PAYMENT MACHINES; PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission approve the proposed
ordinance upon first reading and set a second reading public hearing for September 12,
2012.
ANALYSIS
On February 8, 2012, at the request of Commissioner Libbin, the Mayor and City
Commission approved a referral to the Neighborhoods and Community Affairs
Committee (NCAC) for a discussion regarding a draft ordinance to regulate private
parking lots or facilities with automated parking systems.
On March 27, 2012, the NCAC held a discussion on the item and directed the City
Attorney's Office and the Administration to amend the draft of the ordinance to include
the following requirements:
• Conspicuously posted notices advising that the subject property is "Private
Property'' and said facility is operated with Automated Payment Machines
(APMs).
• Nonpayment and/or overtime parking violations may result in their vehicle being
towed at the owner's expense only after a one {1) hour grace period has been
provided before removal.
• The aforementioned information shall be prominently and conspicuously posted
as follows (see attached):
574
• At the entrance and exit of the facility.
• On transactional parking tickets, receipts, and/or any other
standardized ticket or receipt used by patrons to make payment
for use of the facility.
• At the APM or any other equipment or machine used to accept
and/or process payment for use of the facility.
• In-car meters or similar devices offered by the City of Miami
Beach are not honored on private property.
On May 22, 2012, the NCAC held a follow-up discussion regarding the proposed
amendment to the City Code and approved the aforementioned recommendations,
including the attached notice which must be prominently posted at all times. It is
important to note that the NCAC did not approve the requirement to have a one (1) hour
grace period before removal of the vehicle.
The City Attorney's Office and the Administration drafted the following amendment to the
City Code and notice (see attached) regulating enforcement of private parking facilities
with automated parking systems.
Miami Beach City Code Chapter 106
Section 106·262 (a) (5)
(5) In unattended private lots using automated payment systems. following payment
and expiration of parking fees. the property owner may remove vehicles for
nonpayment or overtime parking. only if the owner has provided notice
prominently posted on the property in compliance with the standards of F.S.
715.07. that the property is private and nonpayment or overtime parking may
result in the vehicle being towed. All notices shall be posted as follows:
FISCAL IMPACT
• At the entrance and exit of the facilitv.
• On transactional parking tickets. receipts. and/or any other
standardized ticket or receipt used by patrons to make payment
for use of the facility.
• At the APM or any other equipment or machine used to accept
and/or process payment for use of the facility
• In-car meters or similar devices offered by the City of Miami
Beach are not honored on private property.
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long term economic
impact (at least 5 years) of this proposed legislative action and determined that the
proposed Ordinance would have no fiscal impact to the City.
575
CONCLUSION
The Administration recommends that the City Commission approve the proposed
ordinance upon first reading and set a second reading and public hearing for September
12, 2012.
KGB/rJttJ;;'
T:\AGENDA\2012\07 -18-12\PrivateParkingFacilitiesAutomatedPaymentMachinesFirstReadingJuly182012.mem.docx
576
WARNING NOTICE
THIS FACILITY IS PRIVATE
PROPERTY
THIS IS NOT A CITY OF MIAMI BEACH MUNICIPAL
PUBLIC PARKING FACILITY.
MUNICIPAL PAYSTATION RECEIPTS; PARKING
PERMITS; AND/OR IN-CAR METERS ARE
NOT HONORED AT THIS FACILITY.
THE PENAL FOR UNAUTH RIZED
USE, NONP YMENT, OR OVERTIME
P RKING N PRIV TE PR PERTY
IS THE TO lNG OF THE VEHICLE AT
THE NER'S EXPENSE.
IF YOU DO NOT PAY OR PARK IN
EXCESS OF THE TIME PURCHASED,
YOUR VEHICLE MAY BE TOWED.
THE EXPENSE TO RECOVER YOUR VEHICLE
FROM THE TOWING SERVICE IS SUBJECT TO
MAXIMUM ALLOWABLE TOWING RATES.
577
ORDINANCE NO .. ___ _
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, "TRAFFIC
AND VEHICLES;" ARTICLE VI, "TOWING AND IMMOBILIZATIONS;"
SECTION 262(a)(5), "VEHICLES PARKED ON PRIVATE PROPERTY;
TOWING;" REQUIRING NOTIFICATION OF PRIVATE PROPERTY
AND AUTOMATED PAYMENT MACHINE USE; PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY AND AN EFFECTIVE
DATE.
WHEREAS, on February 8, 2012, at the request of Commissioner Libbin, the
Mayor and City Commission approved a referral to the Neighborhoods and Community
Affairs Committee ("NCAC") for a discussion regarding a draft ordinance to regulate
private parking lots or facilities with automated parking systems; and
WHEREAS, the NCAC held discussions and deemed that private property
owners should be required to provide notice, in the manner described herein, to the
public identifying a private parking facility as private property and not a municipal
parking facility, including penalties for non-payment and/or overtime parking; and
WHEREAS, on May 22, 2012, the NCAC held a follow-up discussion, at its
scheduled meeting, regarding the proposed amendment to the City Code and approved
the proposed amendment contained herein; and
WHEREAS, the proposed amendment set forth below is necessary to
accomplish the objectives set forth above.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1.
Chapter 106, "Traffic And Vehicles;" Article VI, "Towing And Immobilizations;" Section
106-262, "Vehicles Parked On Private Property; Towing;" is hereby amended by adding
a new subsection (a)(5), as follows:
Section 106-262. Vehicles Parked On Private Property; Towing.
(a) A property owner may cause any vehicle parked on his property without his
permission to be removed by a business enterprise without liability for the costs of
removal, transportation or storage or damages caused by such removal, transportation
or storage, under any of the following circumstances:
(1) When the property is appurtenant to and obviously a part of a single-family
residence property;
1 of 3
578
(2) When the property is obviously not intended to be used for parking vehicles;
(3) In the case of any other property, when notice is prominently posted on the
property in compliance with F.S. § 715.07, or has been personally given to the owner or
driver of the vehicle that the area in which such vehicle is parked is reserved or is
otherwise unavailable for unauthorized vehicles; or
(4) When the vehicle has been parked in the same place without authorization for
more than 48 hours.
(5) In unattended private lots using automated payment systems. following
payment and expiration of parking fees. the property owner may remove vehicles for
nonpayment or overtime parking, only if the owner has provided notice prominently
posted on the property in compliance with the standards of F.S. 715.07, that the
property is private. nonpayment or overtime parking may result in the vehicle being
towed. and whether in-car meters or similar devices offered by the City of Miami Beach
are honored on the private property. All notices shall be posted as follows:
a. At the entrance and exit of the facility;
b. On transactional parking tickets. receipts. and/or any other
standardized ticket or receipt used by patrons to make payment for use
of the facility; and
c. At the automatic payment machine or any other equipment or
machine used to accept and/or process payment for use of the facility.
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 days following adoption.
2 of3
579
PASSED AND ADOPTED this __ day of ____ , 2012.
ATIEST:
CITY CLERK
First Reading:
Second Reading:
Underscore denotes new language
Strikethrough denotes deleted language
MAYOR
APPROVED AS TO
FORM & LANGUAGE
FOR EXECUTION
ate
T:\AGENDA\2012\7 -18-12\Private Parking Facilities Auto Payment Machines FirstReading July182012 ord rev.doc
3 of 3
580