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R5B-Freight Commercial And Passenger Curb Loading Zones -Grieco-Gondensed Title: COMMISSION ITEM SUMMARY 'rEii I58 An Ordinance amending Chapter 106, "Traffic and Vehicles" Section 106{7, entitled, "Freight, Commercial, and Passenger curb loading zones; hours, deliveries"; creating Subsection 10647(F) through 106-47(N), Permit Required; further amending Section 106-55; establishing Subsection (P), entitled, "FreighVCommercial Loading Zone Permit Fees", Subsection (Q), entitled, "Alley Loading Permit Fees":inq for codification. reoealer and an effective date. Key lntended Outcome Supported: Commission A Comprehensive Mobility Plan Which Gives Priority Recommendations (From Non- Vehicular to Vehicular And lncludino Parki Supporting Data (Surveys, Environmental Scan, etc ln FY 12113, the Parking Department issued a lolal of 14,721 parking citations for obstruction of traffic and loading zone violations. ln Q1 and 2 of FY 13114, 8,458 parking citations have been issued, which extrapolated annually equates to 16.916. an increase of 13o/o. Item Summary/Recommendation: 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 10K lbs, regulated by permit, for shorter time frames and prohibited at all other times; (2) all other vehicles under 10K lbs. will be required to use alleys furnished with new and more informative signs; (3) 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 higher fines ($129.00); (b) The Parking Enforcement Unit will 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. On April 23, 2014, the Mayor and Commission held a discussion and approved the proposed ordinance on first reading with the inclusion of a provision for operators to provide either infrequent or transient commercial deliveries without obtaining a permit. This may be acbomplished by allowing operators to use freight loading zones via meter payment or payment via pay by phone service. A Fleet permit; extended hours in strategic locations, and honoring of mail/parcel services in alleys was incorporated into the proposed ordinance between first and second reading. The Administration recommends that the City Commission approve the Ordinance on second and final public hearing with an effective date of July 1,2014, allowing a transitional phase from curent to the ulations. On 3/3/14 and 5/514, the Transportation and Parking Committee endorsed a freioht loadinq zone program forWash Ave between dth and 17th Sts and C-ollins Ave between 63'd and 7E'n Sts. Financial lnformation: Source of Fu nds: Amount Account OBPI 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 9950,000 over five years. However, if successful, these revenues should decline over time. Expenses for the permitting component consist largely of replacement of existing 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 manage both proorams. Saul Frances, extension 6483 E MIAMIBEACH o^lE se84y27 4 MIAMIBEACH City of iltiomi Beoch, I 700 Convenlion Cenler Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov MMISSI N MEMORANDUM To: Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: May 28,2014 SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMT BEACH, FLOR|DA, AMENDING CHAPTER 106 OF THE M|AMI BEACH CITY CODE, ENTITLED ..TRAFFIC AND VEH!CLES," BY AMENDING ARTICLE I!, ENTITLED ,,METERED PARKING,'' BYAMENDING DIVISION 2, ENTITLED "GENERALLY," BY AMENDING SECTION 10647, ENTITLED "FREIGHT, GOMMERCIAL, AND PASSENGER GURB LOADING ZONES; HOURS, DELMRIES"; BY GREATING SUBSEGTIONS I 0647(F) THROUGH 1 0647(N) THAT ESTABLISHES STRICT REGULATIONS FOR PARKING IN FREIGHT LOADING ZONES; AUTHORIZING FREIGHT VEHICLE PARKING; IMPLEMENTING A PERMIT APPLICATION REQUIREMENT AND SETTING FORTH TYPES OF PERMITS APPLICABLE TO COMMERGIAL VEHICLES; IMPOSING A REQUIREMENT FOR THE DISPLAY OF A PERMIT AND/OR ELECTRONIG (LICENSE PLATE) PERMIT; PROVIDING AN ALTERNATIVE TO THE PERMIT REQUIREMENT BY UTILIZING PARKING METERS; MANDATING COMPLIANCE wlTH OTHER LAWS; ESTABLISHING PERMIT FEES; FURTHER AMENDING SECTION 106-55; BY CREATING SUBSECTION (P), ENTITLED, "FREIGHT LOADING ZONE (FLZ) PERMIT"; AND CREATING SUBSECTION (Q), ENTITLED, "ALLEY LOADING (AL) PERMIT"; PROVIDING FOR CODIFICATION, REPEALER, SEVERABIL|TY, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the Mayor and Commission approve the ordinance on second and final public hearing. First Reading (April 23, 2014) Actions and Follow-up On April 23, 2014, the Mayor and Commission held the first reading of this proposed ordinance and directed the Administration to include an alternative to the annual/semi- annual permit option to accommodate transient (or infrequent) delivery service. The Administration recommends the following : . Meter payment option, including pay by phone service (Parkmobile) to accommodate transient (or infrequent) deliveries. City mrssron D AND FINAL PUBLIC HEARING 28 May 28, 2014 CiU Commission Memo Freight Loading Amendments to the City Code - Second and Final Public Hearing Page 2 of 11 Additionally, the following is also recommended: r "Fleet Permit" for permittees with a fleet of ten (10) or more vehicles in order to provide added flexibility and a reduced cost for purveyors with multiple commercial motor vehicles. Additional lnformation The following information was identified between first and second reading and included herein for informational purposes: . 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 qualify, process, and manage both programs. o The City Code, Section 106-41, entitled, "Authority of the city manager'' provides the City Manager with the authority to set the days, hours, and time limits for metered parking. . Outreach to purveyors and businesses commenced between first and second reading, including a national parcel service provider, business association, and others. This resulted in valuable insight regarding their needs and challenges in serving our business community. The following provisions were identified: (1) extended FLZ hours at strategic locations and (2) honoring mail/parcel service in alleys. Additional meetings are scheduled with a variety of other purveyors to gain further insight in order to establish effective regulations that will lead to meaningful results. The following amendments were developed between first and second reading and have been incorporated in the proposed ordinance: Section 106-47. Freight, commercial, and passengercurb loading zones; hours, deliveries. @) Frersht vehlb/e parking. The operator of a commercial motor vehicle must utilize a Freiqht Loadino Zone durino those posted hours for the desionated Permit zone pursuant to the Permit issued under this Article. The Zone Permit must be obtained bv pavment of the applicable oarkino meter fee or by pavment of the parkinq meter fee via pay by phone service, as provided in section 106-55 of this Code. (i) Permit; required. tA AL (Allev Loadino) Permit. Any commercial vehicle which does not oualifu as a commercial motor vehicle shall be required to obtain an AL Permit. except FLZ permits issued to mail/parcel commercial motor vehicles. which are permitled to utilize those zones desiqnated for AL Permit oarkinq. An AL permit will be valid until September 30th of each year. and shall be transferable to anv other commercial vehicle operated bv the Permittee upon. prior written notice to the Parkinq Department. in a manner prescribed bv the Parking Director. A commercial vehicle with an AL permit shall not be parked for a period to exceed twenty (20) minutes. in those areas desiqnated bv the Parkinq Director. 29 May 28, 2014 CU Commission Memo Freight Loading Amendments to the City Code - Second and Final Public Hearing Page 3 of 11 Sec. 106-55. Parking rates, fees, and penalties. (p) Freight Loading Zone (FLZ) Permit An FLZ permit will allow for the use of freight loading zones by permitted vehicles only. Qualifying vehicles must register and purchase an annual permit. The permit fee for each vehicle is $364.00, annually or $182.00 semi-annually. A Permittee that operates a fleet of over ten (1 0) vehicles may purchase a fleet permit for up to five (5) vehicles for $1.500. annuallv or $750. semi-annually. One (1) of everv five (5) non{ransferable fleet permits shall be transferable. Permits are transferable to other qualifying vehicles, as described herein, and shall expire annuallv. 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. (q) Alley Loading (AL) Permit An AL permit will allow for the use of alleys by permitted vehicles only. Qualifying vehicles must register and purchase an annual permit. The permit fee for each vehicle is $182.00, annually or $91.00, semi-annually. A Permittee that operates a fleet of over ten (10) vehicles may purchase a fleet permit for up to five (5) vehicles for $750, annuallv or $375. semi-annuallv. One (1) of everv five (5) non-transferable fleet permits shall be transferable. Permits are transferable to other oualifying vehicles as described herein, and shall expire on annuallv. 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 an alley. Alley regulations, including maximum time limit, and permitted days/hours shall be determined by the City Manager or his designee. ANALYSIS On March 5,2014, the Mayor and Commission held discussion ltem No. RgH 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 11AM. These are designated to accommodate largertrucks 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. 30 May 28, 2014 City Commission Memo Freight Loading Amendments to the City Code - Second and Final Public Heaing Page 4 of 11 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. (a) 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 specially marked "parcel truck" loading zones where the stop shall not exceed one (1) hour. (b) 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 enter or 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-moving violations with fine schedules ranging between $18 and $34, contingent upon the type of violation, excluding disabled parking violations which range between $103 and 9250. One major challenge has been the low (and outdated) parking violation fine schedule for Miami-Dade County which was last increased in 1996. Over the last decade, the City has pursued increases to the fine 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 have variations of permitted commercial or freight loading zones, most provide for a permit fee, restricted hours, and maximum time limits. Please refer to the chart below: 31 CITY LOADING ZONE REGULATION OPERATIONAL HOURS/MAX TIME LIMITS ANNUAL FEES cHtcAGo, ILL. PERMIT 30 MIN. MAX N/A HOUSTON, TX. PERMIT 30 MINS. TO 2 HRS.cLASS "A": $1200; CLASS "8": 5300; cLASs "C": S1s0; CLASS "D": 525; NEWYORK, NY POSTED SIGN 3 HRS. MAX Meter Payment Req uired ORLANDO, FL. PERMIT 30 MIN. MAX $zo + tAx; 530 + TAx ADD'L PERMITS PENSACOLA, FL. CLZICOMMERCIAL VEHICLE ONLY CLZ: NO TIME LIMIT CLZ; GENERAL LZ 15 MIN. N/A PORTLAND, oR. PERMIT 30 MIN. MAX 5s9s SALT LAKE CITY, UT, FREIGHT PARKING PE RMIT 30 MIN. MAX ouTStDE CtW: s150.37; WITHIN CITY: 536.30 SAN JOSE, cA. PERMIT 1HR 517 SEATTLE,PERMIT 30 MIN. MAX s19s May 28, 2014 City Commission Memo Freight Loading Amendments to the City Code - Second and Final Public Hearing Page 5 of 11 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 Cig 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 driver of a vehicle stands or parks that vehicle on the roadway srde 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 pa*ing is not prohibited, while expeditiously making pickups, deliveries or seruice calls, provided that (1) there is no occupied curb 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: 32 May 28, 2014 City Commission Memo Freight Loading Amendments to the City Code - Second and Final Public Hearing Page 6 of 11 . Expanded freight loading opportunities for larger trucks with a gross vehicle weight (GVW over 10,000 lbs), regulated by permit, for shorter time frames and prohibited at all other times.. All other vehicles (GVW under 10,000 lbs.) will be permitted to use other city righl of-ways, including alleys furnished with new and more informative signs noticing permitted uses.o 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 thirty (30) minutes, at one time. Other open and closed loop sightseeing buses and vehicles, are being addressed on a parallel course through the Neighborhoods and Community Affairs 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.. 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.) The Code Enforcement Department is empowered to enforce the prohibition 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. The City Code, Section 106-41, entitled, "Authority of the city manager" provides the City Manager with the authority to set the days, hours, and time limits for metered parking. The City Code states the following, "The city manager is authorized and directed to establish, as traffic conditions may require, zones to be known as parking meter zones upon such stree/s in the city as he shall select for the location of such zones, and to cause parking meters to he installed and patuing meler spaces to be designated as provided in this afticle. He shall fix the time limitation for legal parking in such zones and spaces. The city manager, from time to time, may add to, change or abandon such parking meter zones. ln selecting, changing or abandoning such parking meter zones, the city manager shall be guided and govemed by location, amount of traffic, the demand for parking space, the congestion of traffic, the use of the street, and any other conditions which may be existent." Permitted vehicles shall be those having a gross vehicle weight of 10,000 lbs or more, as defined by the City Code, Section 1 06-1 , Definitions, as follows: Commercial motor vehicle means any self-propelled or towed vehicle used on the public highways in commerce to transpo( 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.). 33 May 28,2014 CW Commission Memo Freight Loading Amendments to the City Code - Second and Final Public Hearing Page 7 of 11 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 30th 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. The following factors shall be utilized to determine applicable regulations for each corridor: . 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 63'd Street and 75th Street. Other corridors, including Alton Road between 6th Street and Dade Boulevard and Collins Avenue between 5th Street and Espanola Way, will be coordinated with FDOT for appropriate signage and pavement markings. The following regulation is recommended for Washington Avenue between Srh 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 'l 1AM 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. 34 May 28, 2014 City Commission Memo Freight Loading Amendments to the City Code - Second and Final Public Heaing Page 8 of 11 TREIOHI I.OADINO ZOilE GYrtU 10,000+ tBS ONLY PERflII OT MEIER PAYMEilI OT ilYTE{I IY PIIOII . trQIJIED moN.SAT/3o nril. rAX. 7Ar. ilAt & rPm. SPf row-AwAY-zoNE MEHTrcNUilOPTOHBMD ilAt.tPt&3Pt-7At PAYTO PARK ItAt-IPt&3Plil.3Am SUNDAY 9em-30* AIley 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,o Deliveries 7AM to 7PMo Deliveries prohibited 7PM to 7AM. Maintain Emergency Vehicle Accesso 20 Minute Maximum .AI' PERIIIT REQUIRED Ol,w <TOK LBS. DEIIVERIES 7Alrl.7Pil . DELMRIES PROHIBITED 7P'UI TO 7AfiI . MANTAIN E,UIERGENCY vEHrcrE AccEss o 20 fillN. rtiAx. TOW-AWAY.ZONE 35 May 28, 2il4 Crty Commission Memo Freight Loading Amendments to the City Code - Second and Final Public Heaing Page I of 11 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 2013114 Budget, subject to budget approval process and may be funded in the current year, subject to a budget amendment. Proposed Amendments to the Gity 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-'l , 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; orb. 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. 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 underthis 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 bythe applicant oranyagent of the applicant; and any unresolved debt with the City by the applicant or any agent of the applicant. 36 May 28, 2014 City Commission Memo Freight Loading Amendments to the City Code - Second and Final Public Hearing Page 10 ot 11 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 anFLZ 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. 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. Display of permit. A permit must be conspicuously displayed upon the commercial vehicle forwhich 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: The commercial vehicle is then being expeditiously loaded or unloaded; and The meter or meters are not allowed to expire; and The commercial vehicle may not be parked in excess of the maximum time allowed as posted 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. (1) (2) (3) 37 May 28, 2014 City Commission Memo Freight Loading Amendments to the City Code - Second and Final Public Hearing Page 11 of 11 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. Effective Date and !mplementation Plan An effective date of July 1, 2014, tor the ordinance is recommended. lnitial outreach to purveyors and business communities has begun. ln addition, new signs will need to be developed and installed as well revised pavement markings. Mobilization of this work is estimated to be completed within 30 days after the approval ofthe ordinance, at second reading. 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 "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 flve years. As aforementioned, an additional expense of $55,000 was identified between first and second reading. This consists of processing and administration of the program by City's Service Center. lt is estimated that one (1) additional Financial Analyst (FA) position will be needed to support both programs. CONCLUSION ln conclusion, the Administration recommends that the Mayor and City Commission approve an amendment, on second and final public hearing, to Chapter 106, "Traffic and Vehicles" Article ll, "Metered Parking" by amending Sections 106-55; establishing, Subsection (F), Permit Required; FurtherAmending Section 106-55; Establishing Subsection (O), entitled, "Freight and Commercial Loading Zone Permit Fees"; providing for codification, repealer, severability, and an effective date. JLM/KGB/SF T:\AGENDA\201 4\May28201 4\FreightLoadingZonesSecondReading.cme.doc 38 ORDINANCE NO. AN ORDINANGE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 106 OF THE MIAM! BEAGH CITY CODE, ENTITLED "TRAFFIC AND VEHICLES," BY AMENDING ARTICLE II, ENTITLED "METERED PARKING," BY AMENDING DIVISION 2, ENTITLED "GENERALLY,"BY AMENDING SECTION 106.47, ENTITLED "FREIGHT, COMMERCIAL, AND PASSENGER CURB LOADING ZONES; HOURS, DELIVERIES"; BY CREATING SUBSECTIONS 10647(F) THROUGH 10647(N) THAT ESTABLTSHES STRTCT REGULATTONS FOR PARKING lN FREIGHT LOADING ZONES; AUTHORIZING FREIGHT VEHICLE PARKING; IMPLEMENTING A PERMIT APPLICATION REQUIREMENT AND SETTING FORTH TYPES OF PERMITS APPLICABLE TO COMMERCIAL VEHICLES; IMPOSING A REQUIREMENT FOR THE DISPLAY OF A PERMIT AND/OR ELECTRONIC (LICENSE PLATE) PERMIT; PROVIDING AN ALTERNATIVE TO THE PERMIT REQUIREMENT BY UTILIZING PARKING METERS; MANDATING COMPLIANCE WITH OTHER LAWS; ESTABLISHING PERMIT FEES; FURTHER AMENDING SECTION 105-55; BY CREATING SUBSECTION (P), ENTITLED, "FREIGHT LOADING ZONE (FLZI PERMIT"; AND CREATING SUBSECT|ON (Q), ENTITLED, "ALLEY LOADING (AL) pERMtr"; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFEGTIVE 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 7:00 a.m. to 6:00 p.m., and in South Beach where metered parking is enforced until 3:00 a.m., commerclal loading zones are flex zones that transition to metered parking from 6:00 p.m. to 3:00 a.m., and certain areas along Ocean Drive have designated freight loading zones; and WHEREAS, the existing commercial and freight loadlng 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, New York, 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 39 a WHEREAS, on April 23, 2014, the Mayor and Commission held a discussion regarding this item and approved the proposed ordinance on first reading. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, 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 Sec. 106-47. Freight, commercial, and passenger curb loading zones; hours, deliveries. Parkr'hq ,i? Frefuhf Loadnq Zones. lt shall be unlawful for anv oerson durino the posted hours of a freiqht loadinq zone to: (]) Park a vehicle other than a commercial motor vehicle, as defined in Section 106- 1, in a Freiqht Loadinq Zone desionated throuqhout the Citv of Miami Beach: tA Utilize a Freiqht Loadinq Zone for anv purpose, except the active enqaqement of loadinq or unloadino of propertv, qoods or merchandise from a commercial motor vehicle.(Q Park a commercial motor vehicle in a Freiqht Loadinq Zone without: a. Obtainins a current and valid Freiqht Loadinq Zone (FLZ) Permit issued for the commercial motor vehicle pursuant to this Article; or b. Pavinq the applicable parkinq meter fee as orovided in Section 106-55 of this code.g) Park anv commercial motor vehicle in anv Freiqht Loadinq Zone for a period in excess of that time permitted on posted siqns or in excess of the maximum time limit allowed bv the parkino meter. A vehicle parked in violation of this section shall be subiect to beinq towed at the direction of anv law enforcement officer or parkinq enforcement specialist. and the imposition of anv aoplicable fines or oenalties. Frerohf vehrble oarkrno. The ooerator of a commercial motor vehicle must utilize a Freioht Loadinq Zone durinq those posted hours for the desiqnated Permit zone pursuant to the Permit issued under this Article. The Zone Permit must be obtalned bv pavment of the applicable oarkino meter fee or bv payment of the parkino meter fee via pay bv phone service, as provided in section 106-55 of this Code. Is) 40 (!) Permit application: issuance. fl) A oerson must aoolv for a Freioht Vehicle Loadinq Permit by submittino an application in the form prescribed bv the Director of Parkino. with the approoriate permit fee. tA The Parkinq Director mav issue a permit, unless he/she determines that: a. The application is incomolete or materiallv deficient: or b. The Applicant has anv unresolved parkinq citations for anv vehicle owned bv the Applicant or anv aqent of the Apolicant. and anv unresolved debt with the Citv bv the applicant or anv aqent of the applicant. (Q Commercial Fleet Operators with ten (10) or more commercial motor vehicles are elioible to purchase one ('l) transferable permit for everv five (5) nontransferable permits. The transferable oermit must be used for those commercial motor vehicles in the operator's fleet in which a commercial motor vehicle with a non- transferable permit has been temoorarilv out of service. A transferable oermit must be affixed to a commercial motor vehicle of the fleet operator, and shall not be olaced on anv vehicle other than a commercial vehicle A Permit: reouired. fll FLZ (Freiqht Loadinq Zone) Permit. An FLZ permit will be valid until Seotember vehicle operated bv the Permittee upon, prior written notice to the Parkino Department. in a manner prescribed bv the Parkinq Director. A commercial motor vehicle with an FLZ permit mav be parked in a freiqht loadinq zone or, where such zones are unavailable or occupied. oarkinq is permitted at one to two metered automobile parkinq spaces without pavment of the usual meter fee as required elsewhere in this chapter for such soaces. A commercial motor vehicle with an FLZ permit shall not be parked for a period to exceed thirtv (30) minutes. {A AL (Allev Loadinq) Permit. Anv commercial vehicle which does not qualifv as a commercial motor vehicle shall be required to obtain an AL Permit, except FLZ permits issued to mail/oarcel commercial motor vehicles. are oermitted to utilize those zones desiqnated for AL Permit parkins. An AL permit will be valid until September 30th of each vear, and shall be transferable to anv other commercial vehicle operated bv the Permittee upon. prior written notice to the Parkinq Department. in a manner prescribed bv the Parkinq Director. A commercial vehicle with an AL permit shall not be parked for a period to exceed twentv (20) minutes. in those aieas desiqnated bv the Parkinq Director. A Permit specific to commercial vehicle. The applicable Permit issued pursuant to this Article must be reqistered to a specific commercial motor vehicle or commercial vehicle. and shall be transferable to another vehicle meetino the applicable Permit requirements set forth bv the Parkinq Director, as authorized in this Article. 41 (!) Displav of permit and/or electronic (license platd permit. A Permit must be conspicuouslv displaved upon the vehicle for which it is lssued, and shall be easilv visible to anv oerson passinq such a vehicle. on the street or sidewalk while the vehicle is parked in anv authorlzed Freiqht Loadinq Zone, or area desionated bv the Parkino Director. The failure to displav a Permit shall create a rebuttable presumption that no Permit has been issued for the vehicle. An Electronic (license plate) Permit mav be utilized in lieu of the displav of a phvsical oermit. A Use of parkino meters. Those commercial operators conductino either infrequent or transient commercial deliveries mav park the commercial motor vehicle or commercial vehicle in a Freioht Loadinq Zone space or soaces durinq posted hours for the Zone bv pavinq the applicable parkinq meter fee, or utilizinq the Citv's oav bv phone service for each soace utilized in whole or in part for parkinq the commercial motor vehicle or commercial vehicle in that Zone. provided that: fll The vehicle is activelv enoaoed in loadinq or unloadinq: and {A The parkino meter. meters, or oav bv phone service are not allowed to expire. and (Q The vehicle mav not be parked in excess of the maximum tlme allowed as posted on the parkino meter or as authorized bv a Permit as provlded in this article: however, an unpermitted commercial motor vehicle mav utilize one (1) to two (2) metered spaces, or portions of such spaces, within the same block face. bv oavinq the parkino meter fee or pav bv phone service for each space whollv or oartiallv occuoied bv such vehicle. {rn) Compliance with other laws. A Permit issued under this article shall not excuse compliance with all other applicable laws and requlations, and a commercial motor vehicle or commercial vehicle parked in anv metered automobile parkinq space remains subiect to anv "no parkino" and "tow- awav zone" restrictions applicable to the parkinq space. A Permit does not authorize the commercial motor vehicle or commercial vehicle to remain oarked at the Freiqht Loadinq Zone without beinq activelv enqaqed in loadinq or unloadino at all times whlle parked under this article. lD Fees. Fees for Freiqht Loadinq Zone Permits are set forth within Section 106-55. A permit or license plate mav be replaced durinq its valid term forthe fee stated in Section 106-55. provided the parkinq official receives the police report for the stolen permit or license plate. or an affidavit for a lost permit or license plate. The permit shall be valid onlv for the remainder of the orioinal term. 42 Sec. 105-55. Parking rates, fees, and penalties. @ Freiqht Loadina Zone (FLZ) Permit. An FLZ permit will allow the use of Freiqht Loadinq Zones bv permitted commercial motor vehicles. Qualifvinq commerclal motor vehicles must reqister and purchase an annual oermit. The permit fee for each vehicle is $364.00, annuallv or $182.00 semi- annuallv. A Permittee that operates a fleet of over ten (10) vehicles mav purchase up to five (5) vehicle oermits for $1,500. annuallv or $750, semi-annuallv. One (1) of everv five (5) non{ransferable oermits shall authorize the Permittee to purchase a transferable Permit. Permits are transferable to other qualifvinq commercial motor vehicles, as described in herein. and shall expire annuallv. The permit must be in qood standino and the commercial motor vehicle must be activelv enoaoed in loadinq activities when stoppinq. standino, or parked in a Freiqht Loadinq Zone. Freiqht loadino locations. requlations. includino maximum time limits, and permitted davs/hours shall be determined bv the City Manaqer or his desiqnee. (q) Alley Loadino (AL) Permit. An AL permit will allow for the use of allevs bv permitted vehicles. Qualifvinq vehicles must reqister and purchase an annual permit. The permit fee for each vehicle is $182.00, annuallv or $91 .00, semi-annuallv. A Permittee that operates a fleet of over ten (10) vehicles mav ourchase uo to five (5) vehicle Permits for $750, annuallv or $375. semi-annuallv. One (1) of everv five (5) non-transferable oermits shall authorize the Permittee to ourchase a transferable Permit. Permits are transferable to other qualifvino vehicles. as described herein, and shall expire on annuallv. The oermit must be in qood standinq. prominentlv displaved. and the vehicle must be activelv enqaoed in loadinq activities when stoopino. standinq. or parked in an allev. Allev requlations. includino maximum time limits and permitted davs/hours shall be determined bv the Citv Manaqer or his desionee. 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 re-lettered 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. 43 SECTION 4. SEVERABILIW. lf any section, subsection, clause or provision of this Ordinance remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on July 1,2014. PASSED AND ADOPTED this _ day ol _,2014. ATTEST: PHILIP LEVINE, MAYOR RAFAEL GRANADO, CITY CLERK Underscore denotes new language S+i*e+nrcugh de notes deleted I a n g uag e 5 I 22 I 201 4 is held invalid, the APPROVEDASTO FORM &LANGUAGE & FOR EXECUTION 5-za-& F:\ATTO\BOKA\Ordinances\FreightLoadingZoneSecondReading - Revised.docx 44 ISNE I SUNDAY, MAY A, 2014 NE CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING NOTICE lS HEFEBY giv€fl lhat a public heding will be held by the Malor and City Commissioh of th6 City ot Miami Beach, Florida, in the Commission Clembers, 3rd tlooi City Hall, 1700 Gonvention Center Drive, Miaml Beach, Florida, on Wedn€sday, May 28, 201it, to consider th6 iollowing: 5l$ p-rn. An Ordinance Amending Chapter 106 Of The Miami Beach City Code, Entitled "Iraffic And \tuhicles," By Anending A.ticle ll, Entitled " tetered Parking," By Anending Division 2, Entitled'Generally," ByAmending Section 10S47, Entitled "Freight, Commercial, And Pass€nger Curb Loading Zon€is; Hours, D6livefies"; By Oreating Subections 10&47(R Through 106-47(N) that Establishes Skict Regulations For Parking ln Froight Loading Zones; Authorizing Froight VehiclB Parking; lmplemenling A Permit Application Bequirem€flt Ard Seiting Forth Types Of Permits A$licable To Commercial \bhicles; lmposing A Hequirement For The Display Ol A Permit And/Or Electronic (Ucense Plate) Permh; Providlng An AlternativeToThe Permit Bequirernent By Uti,izing Parking Meters; Mandatr-ng Compliance With Other Laws; Establishing Peffiit Fees; Further Amending Section 106-55; By Creating Subsection {P), Entitlod, 'Freight Loading Zone {FLZ} Permit'; And Crsating Subs€ction (Q), Entitted, "AItey Loading (AL) P€rmil". Providing For Codification, Repealer, S€v*ability, And An Effective Date. lnquirie6 may be direcied to the Parking Department 3t)5.673.2505. lnterestod parties are invitGd to app€ar at this meetir€, or be represeflted by an agent, or to express their views in w'iting addross€d to the City Commission, c/o the CIty Clerk, 1700 Convention Center Drive, 1i Floor, Cily Hall, Miami Beach, Florida 33139. A Copy of this ilem is available for public inspection during normal business hours in the City Clerk's Oftice, 1700 Convention Center &iv6, ld Floor, City Hall, Miami Beach, Florida 33139. This meeting, or any 'rtem th€rein, may be conlinued, and under such circln nstanc6, additional l€gal notice reed not be provided. Pursrant to S€ction 286.0105, Fla. Stal., ihe City hercby advises the pubtic that if a person decides to appeal arry decision made by the City Commission with respect to any matter considered at its me€ting or its hearing, such p€rson must €nsurelhat a vehatim record ol the proceedings is mad6, wtlich record includes the testimony and evidence upon which the appeai is to be based. This notice does nol constiide oonserit by the Gly for the introduclion or admission of otherwise ,nadmissible or inelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To requ€st this material in acessible tomat, s,gn language interprelers, inforrnation on access ior persons with disabiltties and./or any accommodation to review any documentor paficipate in any Clty-sponsor€d proceeding, please contact us five days in advance at 305.673.74 t 1(!()ice) or Try users may also call the Florida Relay Service at 711 . Ralael E. Granado, City Clerk City of Miami Beach 883 45 THIS PAGE INTENTIONALLY LEFT BLANK 46