99-23032 RESO
RESOLUTION NO.
99-23032
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, CALLING UPON THE MIAMI-DADE COUNTY
COMMISSION TO ADOPT THE STANDARDS FOR THE
MAXIMUM IMMOBILIZATION FEE, AS ESTABLISHED BY
THE CITY OF MIAMI BEACH AND BROW ARD COUNTY.
WHEREAS, on July 1, 1998, the City of Miami Beach Commission passed its
"Immobilization" ("Booting") Ordinance No. 98-3129, regulating immobilization of motor
vehicles on private property, and setting the maximum fee to be charged by the immobilization
operator within the municipality at $25.00; and
WHEREAS, the City's Immobilization Ordinance passed after four (4) public hearings,
during which the Mayor and City Commission heard substantial competent evidence from
immobilization operators; concerned citizens; towing industry representatives; considered Broward
County's immobilization ordinance; New York City's immobilization ordinance; and had benefit
of its Administration's review of other similar ordinances throughout the United States, dealing
with immobilization on private and public property; and
WHEREAS, the City of Miami Beach Commission also reviewed the Court decisions in
J&M Parking Management. Inc.: Parking Space Enforcement. Inc.: Checkpoint Securities. Inc.:
and A-I Parking Management Corp.. v. The City of New York, Case No. 98 Civ.148 (BSJ) from
the United States District Court for the Southern District of New York, involving some of the
same immobilization operator principals presently operating in Miami Beach and raising many
identical issues; and
WHEREAS, each municipality within Miami-Dade County has parking problems that are
unique to that area and should be addressed on an individual basis; and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission respectfully request the Miami-Dade County Commission to adopt the standards for
the maximum immobilization fee, as established by the City of Miami Beach and Broward
County.
PASSED and ADOPTED this 6th Day of January, 1999.
r;m
MAYOR
ATTEST:
--1/Jk4 PaA ~
CITY CLERK
F:\A TIO\DIXR\DRAF1\BOOTING2.RES
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTtON
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~ Ciiy Attorney Date
City of Miami Beach
Office of the Mayor and Commission
Memorandum
To:
Sergio Rodriguez
City Manager
Martin Shapiro. 7
Commissioner
From:
Date:
December 28, 1998
Re:
Agenda Item - County Booting Ordinance
************************************************************************
The last I heard, the County Commission was scheduled to consider a proposed ordinance
covering the practice of booting on January 19, 1999. The ordinance will remove the
authority of the City Commission to regulate booting within our municipal boundaries. I
believe that the sense of the City Commission is that booting is a matter for local control
and that there is no reason for County intervention. Please prepare a resolution for our
next meeting directed to the County Commission expressing opposition to the ordinance.
CC: Murray Dubbin
City Attorney
MS:ja
Agenda Item P... 1 L
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