R5H-Freight Commercial And Passenger Curb Loading Zones -Grieco-COMMISSION ITEM SUMMARY
Condensed Title:
Key lntended Outcome Supported:
Item S u m mary/Recom m e nd atio n:
An Ordinance amending Chapter 106, "Traffic and Vehicles" Section 10647, entitled, "Freight,
Commercial, and Passenger curb loading zones; hours, deliveries"; creating Subsection (F), Permit
Required; further amending Section 106-55; establishing Subsection (O), entitled, "FreighVCommercial
Loadinq Zone Permit Fees":for codification. re severabilitv. and an effective date.
Commission A Comprehensive Mobility Plan Which Gives Priority Recommendations (From Non-
Vehicular to Vehicular And lncludinq Parkino).
Supporting Data (Surveys, Environmental Scan, etc
ln FY 12l13, the Parking Department issued a tolal of 14,721 parking citations for obstruction of traffic
and loading zone violations. ln Ql and 2 of FY 13114,8,458 parking citations have been issued,
which extrapolated annually equates to 16,9'16. an increase of 13o/o.
On March 5, 2014, the City Commission held discussion ltem No. RgH related to traffic congestion
and commercial vehicles blocking lanes. The relevant city Departments support and recommend the
programs detailed below to address traffic congestion. These programs are intended to address
freight loading regulations and enforcement. The following multi-pronged strategy is recommended:
(1) expanded freight loading opportunities for trucks with a gross vehicle weight over '10,000 lbs,
regulated by permit, for shorter time frames and prohibited at all other times; (2) all other vehicles
under'10,000 lbs. will be required to use alleys furnished with new and more informative signs noticing
permitted uses; (3) commercial vehicles, such as charter tour buses, may also attain a Freight
Loading Zone permit and utilize freight loading zones, for a period not to exceed ten (10) minutes. (4)
Enforcement shall take place as follows: (a) The Police Department, with a zero tolerance for
obstruction of traffic, will issue moving violations, resulting in points to the driver's Commercial Driver's
License; increased insurance costs; and higherfines ($129.00); (b) The Parking Enforcement Unitwill
enforce the freight loading zone regulations by citing and towing vehicles that do not display the
required permit; and (c) The Code Enforcement Department will enforce the prohibition of deliveries
during posted hours pursuant to City Code. This will be critical in holding both purveyors and
businesses accountable. Other open and closed loop sightseeing buses, are being addressed on a
parallel course through the Neighborhoods and Community Affairs Committee with direction to pursue
a concession agreement via a formal competitive process. Due to changes in title, the deadline to
publicly notice the item for the May 21,2014 Commission meeting was not met. The Administration
recommends that the City Commission open and continue this item and schedule a second
and final hearinq on 28,2014.
On March 3,2014, the Transportation and Parking Committee (TPC) endorsed a freight loading zone
program for Washington Avenue between Srh and 17rn Street and Collins Avenue between 63'd and
75tn Streets. As the prooram orooresses. the Administration will continue to seek advice from TPC.
Financial lnformation:
Source of
Funds:
OBPI
Amount Account
Total
Financial lmpact Summary:
Revenues generated by these programs are estimated to be $90,000 in permit fees and $100,000 in
fine revenues, for total annual revenues of $190,000 or $950,000 over five years. However, if the
program is successful, these revenues should decline over time. Expenses for the permitting
component consists largely of replacement of existing "commercial loading zone" and "no parking in
alley" signs, many of which are planned replacements, resulting in a negligible expense. The expense
for police enforcement is estimated at $750,000 over five years. ln addition, as a component of the
fiscal impact analysis, an expense of $55,000 is identified for the processing and administration of the
program by City's Service Center. lt is estimated that one (1) additional position will be needed to
qualify, process, and manaqe both proqrams.
Saul Frances, extension 6483
n-Offs:
Pppaltment Director Asshtant City tuJ4qgger City [0anager
SF <5 HC RM KGB Nt rrll rLM il
T:\AGENOA\2014\May21 \F ue.sum.
AGENDA '"' RS HE MIAMIBEACH DArE S-Zl lq339
g MIAMIBEACH
€ity of Miomi Beoch, I 700 Convention Cenier Drive, Miomi Beoch, Florido 33I 39, www.m iomibeochfl.gov
COMMIS ON MEMORANDUM
To: Mayor Philip Levine and Members the City mmrsston
FROM: Jimmy L. Morales, City Manager
DATE: May 21 ,2014
SUBIECT: AN ORDINANCE OF THE MAYO
MIAMI BEACH, FLORIDA, AM NG CHAPTER 106 OF THE MIAM!BEACH
GITY GODE, ENTITLED "TRAFFIG AND VEHICLES,'' BY AMENDING ARTICLE
ll, ENTITLED "METERED PARKING," BY AMENDING DIV|S|ON I, ENTTTLED..GENERALLY," BY AMENDING SECTION 106.47, ENTITLED "FREIGHT,
COMMERCIAL, AND PASSENGER CURB LOADING ZONES; HOURS,
DELIVERIES"; CREATING SUBSECTION (F), PERMIT REQUIRED; FURTHER
AMENDING SECTION 106-55; ESTABLISHING SUBSECTION (O), ENTITLED,
"FREIGHT LOADING ZONE (FLz) PERMIT"; AND SUBSECTION (P),
ENTITLED, ALLEY LOADING (AL) PEMRIT; PROVIDING FOR cODIFICATION,
REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
ADMINISTRATION REGOMMENDATION
Due to changes in title, the deadline to publicly notice the item for the May 21,2014
Commission meeting was not met. Therefore, the Administration recommends that the
Mayor and Commission open and continue this item and schedule a second and final public
hearing on May 28,2014.
ANALYSIS
On March 5,2014, the Mayorand Commission held discussion ltem No. R9H related to
commercial vehicles blocking lanes; on the following streets: Washington Avenue, Collins
Avenue; Ocean Drive, and West Avenue; enforcement and long term solutions.
Existing Commercial Loading Regulations and Enforcement
Commercial and freight loading zones are placed along major commercial corridors
throughout the city. Typical posted regulations are commercial loading zones from 7AM to
6PM and in South Beach where metered parking is enforced until 3AM, commercial loading
zones are flex zones and transition to metered parking from 6PM to 3AM. Certain areas
along the 100 blocks (Ocean Drive to Collins Avenue) have designated freight loading
zones. These encompass a quadrant of a city block (approximately four to six parking
spaces) between Ocean Drive and Collins Avenue and are operational between 7AM and
1 1AM. These are designated to accommodate larger trucks and encourage deliveries in the
morning hours. Alleys are available for commercial loading activities with two requirements:
(1) expeditious loading and unloading for a maximum of 20 minutes and emergency vehicle
access must be maintained at all times.
SECOND HEARING
D CITY COMMISSION OF THE GITY OF
340
May 21 , 2014 City Commission Memo
Freight and Commercial Loading Amendments to the City Code - Open and Continue
Page 2 of 9
These loading zones are currently regulated through time limit and hours; however, not by
vehicle class. The following is the pertinent section of the Miami-Dade County Code
Chapter 30-388.24, entitled, "Freight curb loading zones; time limit; passenger use.
No person shall stop, stand or park a vehicle for any purpose or length of time
other than for the expeditious unloading and delivery or pickup and loading of
materials in any place marked as a freight curb loading zone during the hours
when the provisions applicable to such zones are in effect. The stop for
loading and unloading materials shall not exceed twenty (20) minutes except
in speclally marked "parcel truck" loading zones where the stop shall not
exceed one (1) hour.
The driver of a vehicle may stop temporarily at a place marked as a freight
curb loading zone for the purpose of and while actually engaged in loading or
unloading passengers, when such stopping does not interfere with any motor
vehicle used for the transportation of materials which is waiting to enteror
about to enter such zone.
The current regulation provides significant latitude for any driver of any vehicle to use
existing commercial loading zones, leaving very limited opportunities for purveyors with
larger trucks to conduct their deliveries. This, in turn, exacerbates double parking.
Enforcement
Enforcement of commercial loading violations and traffic obstruction is done almost
exclusively by PES (parking enforcement specialists). This classification was developed in
the early 1980s for the enforcement of parking related violations allowing law enforcement
officers to address more serious crimes. PESs issue non-movin$ violations with fine
schedules ranging between $18 and $34, contingent upon the type of violation, excluding
disabled parking violations which range between $103 and $250.
One major challenge has been the low (and outdated) parking violation fine schedule for
Miami-Dade County which was last increased in '1 996. Over the last decade, the City has
pursued increases to the flne schedule. Most recently, in 2010, the City urged the Miami-
Dade Board of County Commissioners, State of Florida, and League of Cities to increase the
fine schedule as a deterrent to parking violations. Many violators see the current fine
schedule as either cost of doing business for commercial uses and in many circumstances
an $18 fine for overtime parking at a metered parking space is lower than parking rates at
many private parking facilities and competitive with the City's own flat parking rate of $15.
Proposed Freight Loading Zones/Alleys and Enforcement Strategies
The Administration conducted research of loading zone regulations in other jurisdictions,
including Chicago, Houston, New York, Orlando, Pensacola, Portland (Oregon), Salt Lake
City, San Jose, and Seattle. All of these jurisdictions havevariationsof permitted commercial
or freight loading zones, most provide for a permit fee, restricted hours, and maximum time
limits. Please refer to the chart below:
(a)
(b)
341
ctw
LOADING ZONE
REGULATION
OPERATIONAL
HOURS/MAX TIME LIMITS ANNUAL FEES
CHICAGO,
ILL.
PERMIT 30 MIN. MAX N/A
HOUSTON,
TX.
PERMIT 30 MINS. TO 2 HRS.CLASS "A": 51200; CLASS "B":
S3oo; clAss "c": S15o; cLASs
',D,,: S25;
NEW YORK,
NY
POSTED SIGN 3 HRS. MAX Meter Payment Req u ired
ORLANDO,
FL-
PERMIT 30 MIN. MAX Szo + tnx; S3o + TAx ADD'L
PERMITS
PENSACOLA,
FL.
cLzlcoMMERCTAL
VEHICLE ONLY
CLZ: NO TIME LIMIT CLZ;
GENERAL LZ 15 MIN.
N/A
PORTLAND,
OR,
PERMIT 30 MIN. MAX ssss
SALT LAKE
ctry, uT.
FREIGHT PARKING
PERMIT
30 MIN. MAX ouTStDE CITY: s150.37;
wrTHrN ctTY: s36.30
SAN JOSE,
CA,
PERMIT 1HR 5L7
SEATTLE,PERMIT 30 MIN. MAX 51es
May 21 , 2014 City Commission Memo
Freight and Commercial Loading Amendments to the City Code - Open and Continue
Page 3 of 9
At the March 5, 2014, City Commission meeting, it was specifically requested that the
Administration review the loading provisions for New York City. New York City is regulated
similarly to the other jurisdictions; however, it provides for opportunities for "double parking"
under certain conditions. The conditions are as follows:
Double Parking - Under the New York City Traffic Rules double
parking is when the diver of a vehicle stands or parks that vehicle on
the roadway side of another vehicle that is stopped, standing, or
parked at the curb. ln most situations, a diver may stand a
commercial vehicle alongside a vehicle parked at the curb at such
locations and during such hours that stopping, standing, or patuing is
not prohibited, while expeditiously making pickups, deliveries or
service calls, provided that (1) there is no occupied cuh space within
100 feet on either side of the street that can be used for standing,
and (2) that the standing is in compliance with instructions from
police officers and flag persons.
For anyone who has navigated the one-way street pairs in New York City during peak traffic
hours in the mornings and afternoons, the aforementioned provisions, more often than not,
result in double parking.
Proposed Freight Loading Zone Regulations and Enforcement
The City's Parking Department, Public Works Department, Transportation Department,
Code Enforcement Department, Fire Department, and Police Department all support and
recommend the programs detailed below to address traffic congestion. These programs are
intended to address freight loading regulations and enforcement. Segments of these plans
require an amendment to the City Code, requiring two readings, one of which shall be a
public hearing. The following multi-pronged strategy is recommended:
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May 21,2014 City Commission Memo
Freight and Commercial Loading Amendments to the City Code - Open and Continue
Page 4 of 9
o Expanded freight loading opportunities for larger trucks with a gross vehicle weight
(GVW over 1 0,000 lbs), regulated by permit, for shorter time frames and prohibited
at all other times.o All other vehicles (GVW under 10,000 lbs.) will be permitted to use other city right-
of-ways, including alleys furnished with new and more informative signs noticing
permitted uses.. Commercial vehicles, such as charter tour buses, may also attain a Freight
Loading Zone (FLZ) permit and utilize freight loading zones, for a period not to
exceed ten (10) minutes, at one time. Otheropen and closed loop sightseeing
buses and vehicles, are being addressed on a parallel course through the
Neighborhoods and CommunityAffairs Committee (NCAC) with direction to pursue
a concession agreement via a formal competitive process. An item regarding this
matter will be presented to the NCAC in May 2014.o Enforcement shall take place as follows:
issue moving violations, resulting in points to the driver's CDL (Commercial
Driver's License); increased insurance costs; and higherfines than non-
moving violation ($1 29.00).
regulations by citing and towing vehicles that do not display the required
permit and/or violate the provisions of the program.
of deliveries during posted hours pursuant to City Code, Section 106-47,
"Freight, commercial, and passenger curb loading zones; hours, deliveries".
This will be critical in holding both purveyors and businesses accountable.
Freight Loading Zones (FLZ) Program
Establish permitted freight loading zones (no other use during these hours) which are
comprised of up to four contiguous parking spaces between the hours of 7AM and 11AM
and/or 1PM and 3PM; designation of hours is under the authority of the City Manager.
Permitted vehicles shall be those having a gross vehicle weight of 10,000 lbs or more, as
defined by the City Code, Section 106-1 , Definitions, as follows: Commercial motor vehicle
means any self-propelled or towed vehicle used on the public highways in commerce to
transport passengers or cargo, if such vehicle:
(1) Has a gross vehicle weight rating of 10,000 pounds or more;(2) ls designed to transport more than 15 passengers, including the driver; or(3) ls used in the transportation of materials found to be hazardous for the
purposes of the Hazardous Materials Transportation Act, as amended (49
USC 1801 et seq.).
FLZ will allow for the use of freight loading zones by permitted vehicles only. Non-permitted
vehicles will be cited and towed in order to make way for those authorized
vehicles. Permitted vehicles will register at the City's Service Center and purchase an annual
permit. The annual permit fee for each vehicle is recommended to be $364.00, annually or
$182.00 after April 1st. Permits are transferable to other qualifying vehicles in their fleet,
limited to two (2) transfers, semi-annually, and shall expire on September 30rh each year.
The permit must be in good standing, prominently displayed, and the vehicle must be
actively engaged in loading activities when stopping, standing, or parked in a freight loading
zone. Freight loading locations, regulations, including maximum time limits, and permitted
days/hours shall be determined by the City Manager or his designee.
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May 21 , 2U4 Crty Commission Memo
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Page 5 of 9
The following factors shall be utilized to determine applicable regulations for each corridor:
r Freight loading demand. Traffic volume, including peak periods
. On-street parking inventory
The following regulations are proposed for immediate implementation in two (2) major
corridors in the City, experiencing high levels of traffic congestion, these are: (1) Washington
Avenue between sth Street and 17th Street and (2) Collins Avenue between 63d Street and
75th Street. Other corridors, including Alton Road between 6th Street and Dade Boulevard
and Collins Avenue between sth Street and Espanola Way, will be coordinated with FDOT
for appropriate signage and pavement markings.
The following regulation is recommended for Washington Avenue between Sth Street and
17th Street and Collins Avenue between 63'd Street and 75th Street:
. Transition existing Commercial Loading Zones to Freight Loading Zones with an
"FLZ" permit required.. FLZ days and hours are Monday to Saturday, 7AM to 11AM and 1PM to 3PM.
. Freight loading is prohibited at all other times. Establishments accepting
deliveries outside of posted hours shall be subject to code violations, pursuant to the
City Code.. FLZ permits will also be honored at up to two (2) metered spaces without having to
pay the meter during the posted FLZ days/hours.. FLZ will transition to "Pay to Park" for the general public during non-freight loading
zone hours that are metered operational hours).. Deliveries may also take place in designated alleys 7AM to 7PM, Monday to
Saturday, contingent upon meeting alley loading requlations.
ttElclfr r0ADt1{0zoilE
.TU4 PERTIIT REQUIRED
filoH.sAr/30mH. rulx.
7At. ilAt & tPtil.3PIt
TOW.AWAY.ZONE
ff |GI{I toBt}tc pt0fl lHto
I tAll .t pt & 3Ptt . 7At
PAYIO PARK
ilAt. rptt & 3p[r.3At
SUNDAY 9AII.3AiI
Alley Loading Regulations
All alleys in commercial districts will be posted with signs giving notice of the following
regulations:
. Transition existing alley regulations to Alley Loading (AL) permit required.. Permit Fee: $182.00, annually or $91 .00 semi-annually,
TRIEHT I,OADIIIGZO}IT
'tU4 PERillt REQUIRED
I'I0N.SAI/30 tl N. lilrlX.
74il - rrAii
TOW.AWAY-ZONE
RI!0Ht0tDfirePf,0flBiltD
r rAt[ . TAAI
PAYIO PARI(
r rAtr - 3Afrt
SUNDAY9AffI.SAXI
344
May 21,2014 City Commission Memo
Freight and Commercial Loading Amendments to the City Code - Open and Continue
Page 6 of 9
. Deliveries 7AM to 7PM. Deliveries prohibited 7PM to 7AM. Maintain Emergency Vehicle Access. 20 Minute Maximum
.AI.' PERIII REQUIRED
G\,w <I(lK LBS.
DEIIVERI ES 7Al,l-7PIll
. DELTVERIES PROHIBIIED
7PftI TO TATI
. ,TAINTAIN EiIETOENCT
YEHICLE ACCESS
. 20 ttN. mAx
TOW-AWAY.ZONE
Traffic Obstruction Enforcement Program
Police officers will be assigned to dedicated enforcement (moving violations) for obstruction
of traffic (double parking) on major thoroughfares. Moving violations are an effective
deterrent of double parking, as it: (1) assesses points to the operator's driver's license, (2)
increases insurance premiums, and (3) moving violations carry higher penalties than non-
moving citations issued by parking enforcement specialists. This assignment will be
proposed as an enhancement for the FY 2014 Budget, subject to budget approval process
and may be funded in the current year, subject to a budget amendment.
Proposed Amendments to the City Code:
The following amendments to the City Code are recommended:
Parking in freight loading zones.
It shall be unlawful for any person during the posted hours of operation of a freight
loading zone to:(1) Park any vehicle other than a commercial vehicle, as defined in
Section 106-1 , in any freight loading zone designated by the city;(2) Utilize a freight loading zone for any purpose other than the
expeditious loading or unloading of property, goods or merchandise
from a commercial vehicle;(3) Park any commercial vehicle in any freight loading zone without either:
a. Displaying a current and valid freight (FLZ) vehicle parking
permit issued and utilized pursuant to this article; or
b. Paying the meter fee as provided in Section 106-55 of this
code; or(4) Park any commercial vehicle in any freight loading zone for a period in
excess of that time allowed on posted signs or in excess of the
maximum time limit allowed by the meter.
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May 21 , 2014 City Commission Memo
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Page 7 of 9
ln addition to any applicable fine or penalty, any vehicle parked in violation of this
section shall be subject to being towed at the direction of any law enforcement
officer or parking enforcement specialist.
Freight vehicle parking.
The operator of a commercial vehicle may utilize a freight loading zone during the
posted hours of operation of the zone pursuant to a permit issued under this article
or by payment of the meter fee as provided in section 106-55 of this Code.
Permit application ; issuance.
(a) A person may apply for a freight vehicle loading permit by submitting
an application in the form prescribed by the director, along with the
appropriate permit fee.(b) The parking official shall issue a permit, unless he/she determines
that:(1) The application is incomplete or materially untruthful; or(2) There exist any unresolved parking citations for any vehicle
owned by the applicant or any agent of the applicant; and any
unresolved debt with the City by the applicant or any agent of
the applicant.
Permit; required.
(1) FLZ (Freight Loading Zone) Permit. An FLZ permit will be valid until
September 30th, of each year and shall be transferable to any other
commercial vehicle operated by the permittee upon prior notice in a
manner prescribed by the parking official. A commercial vehicle with
anFLZ permit may be parked in a freight loading zone or, where such
zones are unavailable or occupied, parked utilizing one to two
metered automobile parking spaces without payment of the usual
meter fee as required elsewhere in this chapter for such spaces. A
commercial vehicle with an FLZ permit may be parked for a period not
to exceed thirty (30) minutes at one time.(2) AL Permit. An AL permit will be valid until September 30th, of each
year and shall be transferable to any other commercial vehicle
operated by the permittee upon prior notice in a manner prescribed by
the parking official. A commercial vehicle with an AL permit may be
parked in an alley for a period not to exceed twenty (20) minutes at
one time.(3) CTB (Charter Tour Bus) Permit. A CTB permit will be valid until
September 30th, of each year, and shall be transferable to any other
commercial vehicle operated by the permittee. A commercial vehicle
with a CBT permit may be parked in a freight loading zone for a period
not to exceed ten (10) minutes at one time.
Permit specific to commercial vehicle.
Each permit shall be registered to a specific commercial vehicle and shall be
transferable only to another vehicle meeting permit requirements, as provided in
this article.
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May 21,2ila City Commission Memo
Freight and Commercial Loading Amendments to the City Code - Open and Continue
Page 8 of 9
Display of permit.
A permit must be conspicuously displayed upon the commercial vehicle for which it
is issued so as to be easily visible to any person passing such commercial vehicle
on the street or sidewalk while the commercial vehicle is parked in any freight
loading zone. Any failure to display a permit shall create the presumption that no
permit for the commercial vehicle exists. A license plate enabled platform shall
shortly render the permit display requirement moot.
Use of parking meters.
As an alternative to obtaining a permit, the operator of a commercial vehicle may
park the commercial vehicle in a freight loading zone space or spaces during
posted hours of operation for the zone by paying the meter fee for each space
utilized in whole or in part for parking the commercial vehicle in that zone, provided
that:
(1) The commercial vehicle is then being expeditiously loaded or
unloaded; and(2) The meter or meters are not allowed to expire; and
(3) The commercial vehicle may not be parked in excess of the maximum
time allowed as posled on the meter or as authorized by a permit as
provided in this article; however, an unpermitted commercial vehicle
may utilize one (1) to two (2) metered spaces, or portions of such
spaces, within the same block face, by paying the meter fee for each
space wholly or partially occupied by such commercial vehicle.
Compliance with other laws.
A permit issued under this article shall not excuse compliance with applicable laws,
and a commercial vehicle or charter bus parked in any metered automobile parking
space remains subject to any "no parking" and "tow-away zone" restrictions
applicable to the parking space. Additionally, a permit does not excuse the
requirement that the commercial vehicle must be expeditiously loaded or unloaded
at all times while parked under this article.
Fees.
Fees for freight loading zone permits are stated for this provision in the fee
schedule. A permit may be replaced during its valid term for the fee stated for this
provision in the city fee schedule, upon providing the parking official the police
report for the stolen permit or an affidavit for a lost permit. The permit shall be valid
only for the remainder of the original term.
FISCAL IMPACT
Revenues generated by these programs are estimated to be $90,000 in permit fees and
$100,000 in fine revenues, for total annual revenues of $190,000 or $950,000 over five
years. However, if the program is successful, these revenues should decline over time.
Expenses for the permitting component consists largely of replacement of existing
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May 21,2014 City Commission Memo
Freight and Commercial Loading Amendments to the City Code - Open and Continue
Page 9 of 9
"commercial loading zone" and "no parking in alley" signs, many of which are planned
replacements, resulting in a negligible expense. The expense for police enforcement is
estimated at $750,000 over five years.
GONCLUSION
ln conclusion, the Administration recommends that the Mayor and City Commission open
and q)ntinue this item and schedule a second and final public hearing on May 28,2014.
totr
JLM/KGB/SF
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348
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE GITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 106 OF
THE MIAMI BEACH GITY CODE, ENTITLED "TRAFFIC AND
VEHICLES," BY AMENDING ARTICLE II, ENTITLED "METERED
PARKING," BY AMENDING D|VISION I, ENTaTLED,'cENERALLY,' By
AMENDING SECTION 10647, ENTITLED,'FRE|GHT, COMMERCTAL,
AND PASSENGER CURB LOAD!NG ZONES; HOURS, DELIVERIES,,;
CREATING SUBSECTION (F), PERMIT REQUIRED; FURTHER
AMENDING SECTION 106-55; ESTABLISHING SUBSECTION (O),
ENTITLED, "FREIGHT LOADING ZONE (FLZ) PERMIT"; AND
SUBSECTTON (p), ENTITLED, ALLEY LOADTNG (AL) pEMRtT;
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, on March 5,2014, the Mayor and Commission held discussion ltem No. R9H
related to commercial vehicles blocking lanes on Washington Avenue, Collins Avenue; Ocean Drive,
and West Avenue, including enforcement and long term solutions; and
WHEREAS, commercial and freight loading zones are placed along major commercial
corridors throughout the city with posted regulations from 7AM to 6PM and in South Beach where
metered parking is enforced until 3AM, commercial loading zones are flex zones that transition to
metered parking from 6PM to 3AM; and certain areas along Ocean Drive have designated freight
loading zones, and
WHEREAS, the existing commercial and freight loading zone regulations provide
significant latitude for any type of vehicle to use existing commercial and freight loading zones,
leaving very limited opportunities for purveyors with larger trucks to conduct their deliveries and
exacerbating double parking; and
WHEREAS, the Administration conducted research of loading zone regulations in other
jurisdictions, including Chicago, Houston, NewYork, Orlando, Pensacola, Portland (Oregon), Salt
Lake City, San Jose, and Seattle; and all of these jurisdictions have variations of permitted
commercial or freight loading zones with permit fees, restricted hours, and maximum time limits; and
WHEREAS, an amendment to the City Code is necessary to establish regulations and
permit fees for commercial and freight loading zones; and
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMIBEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Chapter 106, "Traffic and Vehicles," Article ll, "Metered Parking," Division 1,
"Generally," Section 106-47, entitled, "Freight, Commercial, and Passenger Curb Loading Zones;
Hours, Deliveries"; and Section 106-55, entitled, "Parking Rate Fees, and Penalties," subsection
(o), entitled, "Freight Loading Zone Permit" and Subsection (p), entitled, "Alley Loading (AL) Permit"
of the Code of the City of Miami Beach, Florida, is hereby established, as follows:
Chapter 106. Traffic and Vehicles
***
Article ll. Metered Parking Division. 1 Generally
***349
Sec. 106-47. Freight, commercial, and passenger curb loading zones; hours, deliveries.
Parkrno rn frerqhf /oadnq zones. lt shall be unlaMul for any person during the oosted
hours of operation of a freiqht loadino zone to:
Park anv vehicle other than a commercial vehicle. as defined in Section 1 06-1 . in anv
freiqht loading zone desionated bv the citv,
Utilize a freight loadinq zone for anv purpose other than the expeditious loadinq or
unloadinq of propertv. qoods or merchandise from a commercial vehicle:
Park anv commercial vehicle in anv freioht loadino zone without either:a. Displayino a current and valid freiqht (FLZ) vehicle parkinq permit issued and
utilized pursuant to this article; or
b. Pavino the meter fee as provided in Section 106-55 of this code: or
Park anv commercial vehicle in anv freioht loadino zone for a oeriod in excess of that
time allowed on posted siqns or in excess of the maximum time limit allowed bv the
meter. ln addition to any applicable fine or penaltv, anv vehicle parked in violation of
this section shall be subiect to being towed at the direction of any law enforcement
officer or parkino enforcement specialist.
Frershf vehrble park nq. The operator of a commercial vehicle mav utilize a freiqht loadino
zone durinq the posted hours of operation of the zone pursuant to a permit issued under
this article or bv payment of the meter fee as provided in section 106-55 of this Code.
Perm it ap pl ication : i ssu ance.
(]l A person mav aoolv for a freight vehicle loadinq oermit by submittinq an aoolication in
the form prescribed bv the director, alono with the approoriate permit fee.
Gl The parkinq official shall issue a permit, unless he/she determines that:
Id The aoplication is incomplete or materiallv untruthful: or
&) There exist anv unresolved parkinq citations for anv vehicle owned bv the
aoplicant or anv aoent of the apolicant: and anv unresolved debt with the Citv
by the apolicant or anv aoent of the aoolicant.
Permit: reouired.
FLZ (Freioht Loadino Zone) Permit. An FLZ oermit will be valid until September 30m,
of each vear and shall be transferable to anv other commercial vehicle operated bv
the oermittee upon orior notice in a manner prescribed bv the parkino official. A
commercial vehicle with an FLZ permit mav be parked in a freiqht loadinq zone or.
where such zones are unavailable or occuoied. oarked utilizino one to two metered
automobile parkino spaces without pavment of the usual meter fee as required
elsewhere in this chapter for such soaces. A commercial vehicle with an FLZ permit
mav be oarked for a period not to exceed thirty (30) minutes at one time.
AL Permit. An AL permit will be valid until September 30th. of each vear and shall be
transferable to any other commercial vehicle operated by the permittee uoon prior
notice in a manner prescribed bv the parkinq official. A commercial vehicle with an AL
permit mav be parked in an allev for a oeriod not to exceed twenty (20) minutes at
one time.
CTB (Charter Tour Bus) Permit. A CTB permit will be valid until September 30rh. of
each vear. and shall be transferable to any other commercial vehicle operated bVthe
permittee. A commercial vehicle with a CBT permit mav be parked in a freiqht loadino
zone for a oeriod not to exceed ten (10) minutes at one time.
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A Permit specific to commercial vehicle.
Each oermit shall be reoistered to a specific commercial vehicle and shall be transferable
only to another vehicle meeting permit reouirements. as provided in this article.
@ Disolav of permit.
A permit must be conspicuouslv disolayed upon the commercial vehicle for which it is
issued so as to be easily visible to anv oerson oassinq such commercial vehicle on the
street or sidewalk while the commercial vehicle is parked in anv freiqht loadinq zone. Anv
failure to disolay a permit shall create the presumption that no permit for the commercial
vehicle exists. A license olate enabled enforcement platform mav be used in lieu of the
display of a permit.
A Use of parkine meters.
As an alternative to obtainino a permit, the operator of a commercial vehicle mav park the
commercial vehicle in a freioht loadino zone space or spaces during posted hours of
ooeration for the zone bv oaying the meter fee for each space utilized in whole or in part for
parkinq the commercial vehicle in that zone. provided that:
(]f The commercial vehicle is then beinq expeditiouslv loaded or unloaded: and
@ The meter or meters are not allowed to expire: and(3) The commercial vehicle mav not be parked in excess of the maximum time allowed
as posted on the meter or as authorized bv a oermit as provided in this article:
however. an unpermitted commercial vehicle may utilize one (1) to two (2) metered
soaces. or portions of such spaces, within the same block face. by payinq the meter
fee for each space whollv or partially occupied bv such commercial vehicle.
(rn) Compliance with other laws.
A permit issued under this article shall not excuse compliance with applicable laws. and a
commercial vehicle or charter bus parked in anv metered automobile oarkinq soace
remains subiect to anv "no oarking" and "tow-away zone" restrictions applicable to the
parking space. Additionallv, a permit does not excuse the requirement that the commercial
vehicle must be expeditiouslv loaded or unloaded at all times while parked under this
article.
@ Fees.
Fees for freiqht loadino zone permits are stated Section 1 06-55. A oermit may be replaced
during its valid term for the fee stated in Section 1 06-55 upon providino the parkinq official
the police report for the stolen oermit or an affidavit for a lost permit. The permit shall be
valid onlv for the remainder of the orioinal term.
Sec. 106-55. Parking rates, fees, and penalties.
@) Freiqht Loadinq Zone (FLZ) Permit
An FLZ permit will allow for the use of freioht loadino zones bv permitted vehicles
onlv. Qualifuino vehicles must reoister and purchase an annual oermit. The oermit fee for
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351
eachvehicleis$364.00,annuallvor$182.00afterApril 1st. Permitsaretransferabletoother
must be activelv enoaoed in loadinq activities when stoopino. standino. or oarked in a freiqht
loadino zone. Freioht loadino locations. requlations. includino maximum time limits, and
permitted davs/hours shall be determined bv the Citv Manaqer or his desiqnee.
@) Allev Loadinq (AU Permit
An AL oermit will allow for the use of alleys by oermitted vehicles onlv. Qualifuino vehicles
must reqister and Durchase an annual permit. The permit fee for each vehicle is $182.00.
The permit must be in qood standino. orominentlv disolaved, and the vehicle must be activelv
enoaoed in loading activities when stoppino. standino, or parked in an allev. Allev
reoulations, includinq maximum time limits. and oermitted days/hours shall be determined by
the City Manaoer or his desiqnee.
SECTION 2. GOD!FICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained thatthe provisions of this ordinance shall become and be made partof the Codeof
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.
lf 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 (10) days following adoption.
PASSED AND ADOPTED this _ day of _,2014.
ATTEST:
PHILIP LEVINE, MAYOR
RAFAEL GRANADO, CITY CLERK
Underscore denotes new language
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