R5E -Amend Ch 106 Freight-Commercial-Passenger Curb Load Zones -Grieco-b
OFFICE
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TO:
OF THE CITY ATTORNEY
RAUI AGUILA, CITY ATTORNEY
FROM:
DATE:
SUBJECT:
MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
JIMMY L. MORALES, CITY MANAGER
RAUL J. AGUILA, CITY ATTORNEY D,3 #,-
COMMISSION MEMORANDUM
SECOND READING
PUBLIC HEARING
ocroBER 14,2015
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION 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 CURB LOADING ZONES; HOURS,
DELIVERIES"; BY DELETING SUBSECTION (C), (D) AND (E); BY
AMENDING SUBSECTTON (B) TO REQUIRE PROPERTY OWNERS
AND BUSINESSES TO CONFIRM COMPLIANCE WITH SUBSECTION
(G) FOR COMMERCTAL MOTOR VEHICLES DELIVERIES AND
SERVICES; BY PROHIBITING DELIVERIES OR SERVICES FOR
COMMERGIAL MOTOR VEHICLES THAT FAIL TO COMPLY WITH
SUBSECTIONS (F) THROUGH (N); BY CREATING A NEW
SUBSECTION (D) AND (E), WHTCH LrMrrS THE AUTHORITY OF THE
SPECIAL MASTER; BY AMENDING THE ENFORCEMENT AND
PENALTY pROVtStONS FOR VTOLATTONS OF SUBSECTIONS (B);
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND
AN EFFECTIVE DATE.
Commissioner Michael Grieco has proposed this ordinance amendment, which will require
property 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.
The Mayor and City Commission held a first reading of the amendment to the Ordinance on
September 2, 2015. Commissioner Grieco, in response to the discussion of this proposed
legislation, agreed to exclude those commercial motor vehicles that are responsible for
delivering package(s) or parcel(s). The Mayor and City Commission passed the proposed
amendment to the Ordinance, with the amended language that served to exclude those
commercial motor vehicles responsible for package and parcel post deliveries, which are
commonly known as Carrier(s) (e.9., UPS, DHL, USPS and FedEx) of a large variety of goods.
Agenda ltem RSE
ox"-i7V-tT465
Commission Memorandum
Freight Loading Zones - Chapter 106
October 14,2015 Page 2 ot 2
This legislation will require property owner(s) and business(es) to be legally obligated and
responsible for confirming that the operator/driver of the commercial motor vehicle has complied
with those permit requirements setforth within Sections 106-47(t) through (n) of the City Code.
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.
Further, this Ordinance will serve to establish those legal requirements upon a property owner
and business for the acceptance of services and deliveries from commercial motor vehicle
operators/drivers that violate the requirements of the City code, and will serve to prohibit the
dangerous conditions created by commercial motor vehicles obstructing the vehicular lanes of
traffic in violation of Sections 106-47 (f) through (n).
It is anticipated that there will be minimal fiscal impact surrounding the enforcement of this
legislation.
RJA/AB/sc
466
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ORDINANCE TO BE SUBMITTED
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