R5O-Amend Ch 106 Freight Commercial Passenger Curb Loading Zones -Grieco-RAUL J. AGUTLA, crry ArroRNE rfieiL
OF THE CITY ATTORNEY
RAUI AGUILA, CITY ATTORNEY
TO:
FROM:
DATE:
MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
JIMMY L. MORALES, CITY MANAGER
COMMISSION MEMORANDUM
FIRST READING
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SEPTEMBER 2, 2015
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMTSSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 106 OF THE MIAMI BEACH
CITY CODE, ENTITLED "TRAFFIC AND VEHICLES," BY AMENDING
ARTICLE II, ENTITLED "METERED PARKING," BY AMENDING DIVISION 1,
ENTITLED "GENERALLY,'' BY AMENDING SECTION 106.47, ENTITLED..FREIGHT, COMMERCIAL, AND PASSENGER GURB LOADING ZONES;
HOURS, DELIVERIES"; BY DELETING SUBSECTION (C), (D) AND (E); BY
AMENDTNG SUBSECTTON (B) TO REQUTRE pROpERTy OWNERS AND
BUSTNESSES TO CONFTRM COMPLTANCE WITH SUBSEGTTON (G) FOR. COMMERGIAL MOTOR VEHICLES DELIVERIES AND SERVICES; BY
PROHIBITING DELIVERIES OR SERVICES FOR COMMERCIAL MOTOR
VEHTCLES THAT FAIL TO COMPLY WITH SUBSECTTONS (F) THROUGH (N);
BY CREATING A NEW SUBSECTTON (D) AND (E), WHICH LTMITS THE
AUTHORITY OF THE SPECIAL MASTER; BY AMENDING THE
ENFORCEMENT AND PENALW PROVISIONS FOR VIOLATIONS OF
SUBSECTIONS (B); PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILIry, AND AN EFFECTIVE DATE.
Commissioner Michael Grieco has proposed an ordinance amendment that will require
propefty owner(s) and business(es) to only accept services or deliveries from
commercial motor vehicles that are in compliance with Section 106-47(9) of the City
Code. These property owner(s) and businesses will have a legal obligation and
responsibility to confirm that the operator/driver of the commercial motor vehicle has
complied with those permit requirements set forth within Sections 106-47(f) through (n).
A property owner or business that accepts services or deliveries from an operator/driver
of a commercial motor vehicle that violates subsections (f) through (n), will result in the
direct enforcement action against the property owner or business.
This Ordinance will serve to establish those requirements upon the property owner(s)
and business(es) for the acceptance of services and deliveries from commercial motor
vehicle operators/drivers violating the requirements of the city code, and to further
prohibit the dangerous conditions created by commercial motor vehicles obstructing the
vehicular lanes of traffic in violation of subsection (f) through (n).
Agenda ltem RSORJA/AB/sc
Date476
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CIry OF MIAM! BEACH, FLORIDA, AMENDING CHAPTER 106 OF
THE MIAMI BEAGH CITY CODE, ENTITLED "TRAFFIC AND
vEHtcLES," BY AMENDING ARTICLE ll, ENTTTLED "METERED
PARKING," BY AMENDING DIVISION 1, ENTITLED "GENERALLY,"BY AMENDING SECTION 106.47, ENTITLED ..FREIGHT,
COMMERGIAL, AND PASSENGER CURB LOADING ZONES; HOURS,
DELIVERIES"; BY DELETING SUBSECTION (C), (D) AND (E); BY
AMENDTNG SUBSECTTON (B) TO REQUTRE pROpERTy OWNERS
AND BUSINESSES TO CONFIRM GOMPLIANCE WITH SUBSECTION
(G) FOR COMMERCTAL MOTOR VEHTCLES DELTVERTES AND
SERVICES; BY PROHIBITING DELIVERIES OR SERVICES FOR
COMMERCIAL MOTOR VEHICLES THAT FAIL TO COMPLY WITH
SUBSECTIONS (F) THROUGH (N); BY CREATING A NEw
SUBSECTION (D) AND (E), WHICH LtMtTS THE AUTHORIW OF THE
SPECIAL MASTER; BY AMENDING THE ENFORCEMENT AND
PENALTY PROV|STONS FOR VTOLATTONS OF SUBSECTTONS (B);
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission has held discussions related to
commercial motor vehicles blocking lanes on Washington Avenue, Collins Avenue; Ocean
Drive, West Avenue and other major corridors, which discussions included enforcement action
and long term solutions; and
WHEREAS, the City has established commercial and freight loading zone regulations
that provide opportunities for commercial motor vehicles to properly conduct their deliveries
without impeding or destructing vehicular lanes of traffic throughout the City; and
WHEREAS, the Administration believes that property owner(s) or business(es) must
ensure that the commercial motor vehicle operator(s) continue to comply with those permit
requirements, restricted hours, and maximum time limits in order to protect the health, safety
and welfare of the motoring public; and
WHEREAS, this amendment is necessary to ensure that property owner(s) and
business(es) within these highly traveled corridors are not complacent, and are responsible for
the obstruction of vehicular lanes by commercial motor vehicles during the acceptance of
deliveries and services.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CIry COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION {. 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"; of the Code of the City of Miami Beach, Florida, is hereby
established, as follows:
477
(b)
Chapter 106. Traffic and Vehicles
Article ll. Metered Parking
Division. I Generally
Sec. 106-47. Freight, commercial, and passenger curb loading zones; hours, deliveries.
(a) [Authorization.] The city manager or his designee is hereby authorized to designate any
street freight, commercial, and passenger curb loading zones as permissible automobile
parking areas during such hours as such officials, in their discretion, may direct.
[Enforcement against property owners and/or businesses.] Freight, commercial, and
passenger curb loading zone regulations, including as posted by sign, may be enforced, in
addition to the procedures provided in this chapter, against property owners and/or
businesses which accept services or deliveries from commercial motor vehicles or vehicles
violating such regulations.
OI A propertv owner(s) or business that accepts services or deliveries from a commercial
motor vehicle must confirm that the operator/driver of the commercial motor vehicle has
complied with subsection (o).
(2 lt is orohibited for a propertv owner(s) or business to accept anv services or deliveries
from the operator/driver of a commercial motor vehicle that is not in compliance with
subsections (fl throuoh (n).
Civil fine fer vielaters, The fellewing eivil fines shall be impesed fer a vielatien ef this
se€tien:
@mS
@in-enejear ef the first effense); $1 50,00
(3) Third effense (within ene .,ear ef thefirst effense): 9300,00
( l) Feurth er mere effenses (within ene year ef the first effense); 9600,00
shall enferee the
this artiele; the parking enfereement speeialist er the eede eemplianee effieer shall issue a
, as may be
ef the nature ef the
vielatien ameunt ef fine fer whiefi the vielater is liable, inetruetiens and due date fer paying
within the ten da"s; shall eenstitute an admissien ef the vielatien and a waiver ef the right te
a+eanngt
2
(€)
(d)
(e)
478
vielatlen within len days ef the issuanee ef the netiee ef vielatien,
( l) Any party aggrieved by a deeisien ef a speeial master may ap^eal that deeisien te a
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(g) Penalties and enforcement.
1. A violation of subsection (b) shall be subiect to the followino fines:
a. lf the violation is the first offense, a person shall receive a civil fine
of $'1,000.00:
b. lf the violation is the second violation within the precedinq six
months. a person shall receive a civil fine of $2.000.00:
c. !f the violation is the third violation within the precedino six months.
a person shall receive a civil fine of $3,000.00;
d. lf the violation is the fourth or subsequent violation within the
precedino 2 months, a oerson shall receive a civil fine of $5.000.00.
2- Enforcement. The Miami Beach police department, the Parkinq
Department or the Code Compliance Department shall enforce this
section. This shall not preclude other enforcement aoencies from anv
action to assure compliance with this section and all applicable laws. lf a
violation of (b) is observed. the lower case enforcement officer will be
authorized to issue a notice of violation. The notice shall inform the
violator of the nature of the violation, amount of fine for which the violator is
liable, instructions and due date for pavino the fine, that the violation mav
be appealed bv requestino an administrative hearinq before a special
master within ten (10) davs after service of the notice of violation, and that
the failure to appeal the violation within ten (10) davs of service shall
constitute an admission of the violation and a waiver of the rioht to a
hearinq.
3. Riohts of violators: pavment of fine: right to appear: failure to pav civil fine
or to appeal: appeals from decisions of the special master.
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a. A violator who has been served with a notice of violation must elect
to either:
i" pav the civil fine in the manner indicated on the notice of
violation: or
ii. request an administrative hearinq before a soecial master
to appeal the notice of violation. which must be requested
within ten (10) davs of the service of the notice of violation.
b. The procedures for appeal bv administrative hearino of the notice of
violation shall be as set forth in sections 30-72 and 30-73 of this
Code. Applications for hearinos must be accompanied bv a fee as
approved bv a resolution of the citv commission, which shall be
refunded if the named violator prevails in the aopeal.
c. lf the named violator. after issuance of the notice of violation. fails
to pav the civil fine. or fails to timelv request an administrative
hearino before a special master. the violation is deemed valid. The
failure of the named violator to appeal the decision of the police
officer within the prescribed time period shall constitute a waiver of
the violator's riqht to an administrative hearino before the special
master. and shall be treated as an admission of the violation. for
which fines and penalties shall be assessed accordinqlv.
d. A certified copv of an order imposino a fine mav be recorded in the
public records, and thereafter shall constitute a lien upon anv real
or personal propertv owned bv the violator, which mav be enforced
in the same manner as a court iudqment bv the sheriffs of this
state. includino lew aqainst the violator's real or personal propertv,
but shall not be deemed to be a court iudoment except for
enforcement purposes. On or after the sixtv-first (61st) dav
followino the recordinq of anv such lien that remains unpaid. the
Citv mav foreclose or othenrvise execute upon the lien.
e. Anv partv aoqrieved bv a decision of a special master mav appeal
that decision to a court of competent iurisdiction.
(9!) The special master shall be prohibited from hearino the merits of the notice of violation or
considerinq the timeliness of a request for an administrative hearino if the violator has failed
to request an administrative hearino within ten (10) davs of the service of the notice of
violation.
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(e) The special master shall not have discretion to alter the penalties prescribed in subsection
(cX1).
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.
SECTION 4. SEVERABILIW.
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 etfect ten days following adoption.
PASSED AND ADOPTED this _ day of
ATTEST:
RAFAEL GRANADO, CITY CLERK
Underscore denotes new language
S+ri*e+nreugh denotes deleted language
(Sponsored by Commissioner Michael Grieco)
2015.
PHILIP LEVINE, MAYOR
APPROVED AS TO
FOAU & LAT{GUAGE
IFOR EGCI,NON
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