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2008-3611 OrdinanceORDINANCE NO. 2008-3611 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 106 OF THE CITY CODE ENTITLED "TRAFFIC AND VEHICLES"; BY AMENDING ARTICLE X, ENTITLED "PEDICABS" BY AMENDING SECTION 106-465 ENTITLED "OPERATIONS" TO REQUIRE PEDICAB DRIVER'S PERMITS AND PROVIDING REGULATIONS, ENFORCEMENT PROVISIONS, AND FINES AND PENALTIES RELATIVE THERETO, AND RENUMBERING THE SUBSECTIONS IN SECTION 106-465, ACCORDINGLY; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. WHEREAS, on July 16, 2008, the Mayor and the City Commission adopted amendments to Chapter 106 of the City Code creating regulations for pedicabs and pedicab operators in order to protect the health, safety, and welfare of passengers and operators of pedicabs, pedestrians, and motor vehicle drivers and their passengers in the City; and WHEREAS, due to the City Commission's concern for the health, safety and welfare of residents and visitors of the City, additional regulations are needed to address the safe operation of pedicabs and to ensure the accountability of pedicab operators and drivers. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Section 106-465, entitled "Operations," of Article X, entitled "pedicabs," of Chapter 106 of the Miami Beach City Code, entitled "Traffic and Vehicles," is hereby amended as follows: CHAPTER 106 TRAFFIC AND VEHICLES ARTICLE X. PEDICABS Sec. 106-465. Operations. (a) Pedicab decal required. It is unlawful to operate or drive any pedicab in the city which does not have affixed to it a valid pedicab decal. 1~ It is unlawful to operate or drive any pedicab in the city without a valid pedicab driver's permit. An application fora pedicab driver's permit shall include the following information: The applicant's full name, address, and telephone number; b~ The applicant's date of birth; A photocopy of the applicant's current and valid Florida driver's license; g}~f The Department or Police Department. a~ the applicant failed to provide all required information; the applicant misrepresented facts on the application; c~ the applicant does not possess a valid Florida driver's license; the applicant has any driving restriction on their driver's licer application, regardless of whether adjudication has been withheld, unless his or her civil rights have been restored; f~ the applicant has pled nolo contendre pled guilty, been found guilty or Whether the applicant has ever held a pedicab license and, if so, when been convicted of any felony, regardless of whether adjudication has been card will result in a violation, and will require the pedicab driver to immediately cease operation of the pedicab. be to the appellate division of the circuit court in accordance with the Rules of Appellate Procedure. registered sexual predator or sexual offender; the applicant has pled nolo contendre, pled guilty, been found guilty or been convicted, regardless of whether adjudication has been withheld, for Notwithstanding the provisions in subsections (b)(4)(i) and (ii) above, fif, at forth in sections 102-372, 102-381, or 106-467(h). ~~ Pedicab owners and drivers are subject to all applicable laws. Pedicab owners and drivers are subject to all applicable laws, rules, and regulations of the City of Miami Beach, Miami-Dade County, and the State of Florida pertaining to the operation of bicycles upon streets, except for those provisions that by their very nature can have no application. {s)<~ Minimum age of pedicab drivers. It is unlawful for any person under the age of eighteen (18) to operate a pedicab. ~~ Driver's license requirement to operate a pedicab. It is unlawful for any person to operate any pedicab within the city without a valid Florida f~}9ta~e~le driver's license rcrn,,.,i~cr1 h~i Clnrirl~ I~~nr. Ee}~f Darkness restrictions. (1) It is unlawful for any person to operate, or cause to be operated, a pedicab during the hours of darkness, without abattery-operated headlight projecting a beam of white light for a distance of 300 feet. (2) It is unlawful for any person to operate, or cause to be operated, a pedicab during the hours of darkness, without using battery operated taillight mounted on the right and left, respectively, at the same level on the rear exterior of the passenger compartment. Taillights shall be red in color and plainly visible from all distances within 500 feet to the rear of the pedicab. {#}~ Prohibitions. No pedicab driver or owner shall: (1) Operate, or allow to be operated, a pedicab in an unsafe condition or without the equipment required by this chapter; (2) Operate, or allow to be operated, a pedicab which has a trailer or sidecar; the pedicab shall not exceed fifty-five (55) inches in width or ten (10) feet in length. (3) Operate a pedicab in a manner that results in damage to public property; 4 (4) Leave any pedicab unattended; (5) Store, park or leave any pedicab overnight on any street or sidewalk, or park in a regularly marked parking space; (6) Operate a pedicab in an area or at a time other than the ones approved by the city; (7) Have his/her pedicab in motion while anyone is standing or while anyone is sitting anywhere other than in the passenger seats thereof with a seatbelt engaged; (8) Collect fares, make change, or take on or discharge passengers while the pedicab is in motion; (9) Operate any pedicab in such a manner that would jeopardize the safety of the passengers transported therein; (10) Operate a pedicab in such a way as to intentionally impede automobile traffic or create a hazardous situation; (11) Park the pedicab in a manner so as to disrupt the flow of automobile traffic on public streets, roads, and thoroughfares, or so as to impede the flow of pedestrian traffic; (12) Operate a pedicab in disregard of any traffic control device; (13) Operate a pedicab in disregard of applicable state traffic laws; (14) Execute a turn at other than a street intersection; (15) Obstruct vehicular and pedestrian traffic by unnecessarily weaving or changing lanes of travel; (16) Operate, maneuver, incline, spin, tilt, tip, slope, or position a pedicab in any manner that would unnecessarily place passengers in any position other than seated upright; Raise drawbars of pedicab higher than the shoulders of the pedicab driver at any time passengers are being carried in the pedicab; (17) Operate a pedicab upon the sidewalk portion of a public right-of-way; (18) Operate a pedicab in the wrong direction on a one-way street; (19) Broadcast or produce any amplified music, voice, or any other audible transmissions in violation of the city's Noise Ordinance in Article IV of Chapter 46 the city Code; 5 (20) Sell, distribute, or solicit sales of any products, including food or drink; (21) Display any accessory lights in addition to the requirements stated herein; (22) Operate a pedicab on a) any street that is designated in city Administrative Policy as heavily traveled, b) any street that is classified as an arterial or collector roadway on the Federal Functional Classification Map maintained by the State of Florida Department of Transportation District Six Office, as amended from time to time, except Washington Avenue, c) any sidewalk, boardwalk, beachwalk, baywalk, cutwalk, greenway, or any other recreational or pedestrian walkway or corridor in the city, including any streets that may be temporarily closed to vehicular traffic, and d) any street that is affected by a special event permit, film/print permit, or major event plan, as may be approved by the City Manager or the City Manager's designee; or (23) Transport or allow any passenger to occupy a pedicab that is drinking or consuming alcoholic beverages or is in possession of an open container of an alcoholic beverage. (24) Operate, or allow a pedicab to be operated, without a valid pedicab driver's permit. {g~~ Passenger seating requirements. It is unlawful for any person to operate a pedicab while carrying a number of passengers that exceeds the number of authorized seats as stated on the business tax receipt. No more than three passenger seats shall be authorized per pedicab. (1) The pedicab shall be equipped with seatbelts and/or a safety bar that must be engaged while transporting passenger(s). (2) The pedicab shall be equipped to provide passengers under the age of 16 with a helmet that meets the standards of the American National Standards Institute (ANSI) or the Snell Memorial Foundation. (3) The pedicab operator shall sanitize the inside of each helmet after each use. (4) If the pedicab is used to transport a child under four years of age or under 40 pounds, the pedicab shall be equipped to provide a seat or carrier that must be used by any child under four years of age or under 40 pounds and that is designed to carry a child of that age or size and that secures and protects the child from the moving parts of the pedicab. ~~ Advertisement on pedicabs. There shall be no advertisement on pedicabs with the exception of the name of the pedicab operator, telephone number, address, fare schedule, and hours of operation. (+)~ Pedicab operating zones. Pedicab owners and drivers may only provide service on the streets approved for pedicab use as set forth in the city Code or as designated by City Administrative Policy. The City Manager may, during special events or major events, further limit areas where pedicabs may operate. Upon written and/or verbal notification by the City Manager of a hurricane or other major weather event, or the issuance of a hurricane warning by Miami-Dade County, whichever occurs first, the business tax receipt holder shall, within four (4) hours of same, cease operations, remove all pedicabs from all public streets and areas, and secure all pedicabs indoors. {}~~ Pedicab equipment requirements. All pedicabs must meet the following equipment requirements. Each pedicab owner shall maintain all pedicabs with a uniform appearance, including consistency with company name, color, and logo on all pedicabs and shall also maintain all pedicabs in a clean condition for public use. (1) The pedicab shall be equipped with abattery-operated headlight capable of projecting a beam of white light for a distance of 300 feet. (2) The pedicab shall be equipped with battery operated taillights mounted on the right and left, respectively, at the same level on the rear exterior of the passenger compartment. Taillights shall be red in color and plainly visible from all distances within 500 feet to the rear of the pedicab. (3) The pedicab shall be equipped with side mounted rearview mirrors affixed to the right and left side of the bicycle so located as to reflect to the driver a view of the highway for a distance of at least 200 feet to the rear of the pedicab. (4) The pedicab shall be equipped with turn signal lamps visible at 500' from the rear of the pedicab indicating right and left turns and which must be utilized when turning. (5) Each pedicab shall be equipped with an operational brake or brakes. (6) Slow moving vehicle reflective triangle on the rear of the vehicle or reflective tape which outlines the rear of the pedicab from edge to edge. (7) All equipment installed in the pedicab shall be secured to prevent movement during transit or in the event of a collision or overturn. (8) All pedicabs will prominently display the City of Miami Beach's Customer Service/information telephone number. Ek}~ Fare schedule. Pedicab owners and drivers shall post a fare schedule in a manner clearly visible to the public at all times while operating a pedicab. It is unlawful for any pedicab owner or driver to demand from a passenger a fare greater than the fare contained in the posted fare schedule. All fares must be based on a flat rate per block. {~}~ Passenger loading/unloading areas; parking. A pedicab may be parked in a regularly marked commercial loading zone while waiting for passengers. A pedicab may be parked in a regularly marked passenger loading zone only for the purpose of loading and unloading passengers. All applicable and/or posted commercial/passenger loading zone regulations shall apply. Parking, stopping, or standing in any area that is posted and/or marked as safety zones for crosswalks, fire hydrants, taxicab stands, sidewalks is not permitted. SECTION 3. Repealer. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. Severability. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 5. 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 a 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. 8 2008-3611 SECTION 6. Effective Date. This Ordinance shall take effect the loth day of September , 2008. PASSED and ADOPTED this 10th day of September , 2008. ATTEST: ' MAYOR , Matti Herrera Bower CITY CLERK Robert Parcher Underline denotes additions ~~~~~ ~ denotes deletions ~~~ ~ ~~~~ Shading denotes changes after First Reading ~ F~~ ~~~~~ 9 /~ Git~r A~ `~ F:\attolTURN10RDINANC\Pedicabs 2008. drivers.doc 9 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending Chapter 106 Of The City Code Entitled "Traffic And Vehicles"; By Amending Article X, Entitled "Pedicabs" By Amending Section 106-465 Entitled "Operations" To Require Pedicab Driver's Permits And Providing Regulations, Enforcement Provisions, And Fines And Penalties Relative Thereto And Renumbering The Subsections In Section 106-465, Accordingly; Providing For Repealer, Severability, Codification, And An Effective Date. Ke Intended Outcome Su orted: Increase resident satisfaction with the level of code enforcement; maintain or improve traffic flow Supporting Data (Surveys, Environmental Scan, etc.): 75% of residents and 72% of business feel that traffic flow on Miami Beach is fair or poor. Issue: Shall the Commission approve, on second reading, an ordinance amending Chapter 106 of the City Code to re uire edicab drivers to obtain a ermit to drive a edicab in the Cit of Miami Beach? rcem SECOND READING PUBLIC HEARING On July 16, 2008, the City Commission approved a second reading of an ordinance establishing a process for regulating non-motorized pedicabs in the City of Miami. Subsequent to the development of that ordinance, and following research on pedicab regulations in other major cities, it was determined that it would be beneficial for the city to require a permit for any person wishing to drive a pedicab in the city. The holder of a BTR for a pedicab business would be required to only use drivers with the appropriate permit to drive a pedicab in the City. This process allows the city to review the pedicab driver application and determine if they meet minimum requirements to obtain a pedicab driver permit in the city. The proposed pedicab driver ordinance was approved on first reading on July 16, 2008 and scheduled for second reading. The ordinance on second reading reflects adjustments to the application review process, now requiring code compliance to review applications, and allowing for the denial of applications for applicants with a violation history; references the application and permit fee; and allows for the pedicab driver to choose an alternate penalty for second and third violations (to provide for suspensions in lieu of Advisory Board Recommendation: The concept of requiring pedicab driver permits in addition to pedicab business BTRs was discussed at the Neighborhoods/Community Affairs Committee (NCA) meeting on July 2, 2008. This was also discussed at the July 7, 2008 meeting of the Transportation and Parking Committee. Financial Information: Source of Funds: Amount Account 1 N/A OBPI Total Financial Impact Summary Additional staff time relating to review and monitoring will occur. Application and permit fees will be charged to offset application review and enforcement costs b a ro riate de artments. Sian-Offs: Department Director s is nt Ci~l Manager Ci anager ~ ~ ~- rf .rf~~~~ U AGENDA ITEM ~~~ ~ ~ Y {I~~'' ~~~~~ DATE q' l~-~~ m MIAMIBEACH City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: May r Matti-lerre~ Bower and Mem rs of the City Commission ~~ (.Q~vLGi.~ FROM: Jor M. Gonzalez, City Manag DATE: September 10, 2008 SECOND READING PUBLIC HEARING SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 106 OF THE CITY CODE ENTITLED "TRAFFIC AND VEHICLES"; BY AMENDING ARTICLE X, ENTITLED "PEDICABS" BY AMENDING SECTION 106-465 ENTITLED "OPERATIONS" TO REQUIRE PEDICAB DRIVER'S PERMITS AND PROVIDING REGULATIONS, ENFORCEMENT PROVISIONS, AND FINES AND PENALTIES RELATIVE THERETO AND RENUMBERING THE SUBSECTIONS IN SECTION 106-465, ACCORDINGLY; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION: Approve on second reading an amendment to Chapter 106 to require pedicab drivers to obtain a pedicab driver permit as a condition to drive a pedicab on Miami Beach, and schedule a second reading, public hearing. BACKGROUND: At the July 16, 2008 Commission meeting, the Commission approved an ordinance that regulates pedicab operations in the City. The ordinance was developed following multiple discussions at Committee, and with input and comments from the public and pedicab operators. In preparation for the committee discussion, staff conducted research on existing pedicab regulations and ordinances in eleven (11) other major U.S. cities. These cities included: San Francisco, Santa Barbara, Las Vegas, Denver, Key West, Miami, New York City, Orlando, Sarasota, Tampa and Fort Lauderdale. The research found that the type and scope of regulations proposed in the City's ordinance mirrors many if not most of the regulations in place in other cities. Differences included who reviews and issues pedicab permit applications; who is required to get a permit and what type; and the fee schedule. One significant difference between the pedicab ordinance approved by the Commission on July 16th's consideration and several of the ordinances in place in other cities, is a requirement for pedicab drivers to obtain a permit or license, independent of the license or permit required for the pedicab business owner. However, we could not include the requirement of a pedicab driver permit in the pedicab ordinance being considered in July on second reading, as that would have constitute a substantive change. As such, an amendment to the pedicab ordinance was proposed on first reading to require all persons who desire to drive a pedicab in the city to first obtain a pedicab driver permit. PEDICAB DRIVER ORDINANCE REQUIREMENTS The following pedicab driver requirements are established pursuant to this ordinance. These requirements mirror similar requirements in other areas that regulate pedicab drivers, as well as pedicab Page 2 of 3 Pedicab Driver Ordinance companies. A pedicab driver must apply and obtain a permit to drive a pedicab in the City. A. Application Requirements: Any person desiring to drive a pedicab in the City must be at least 18 years of age, and must have a valid Florida Driver's License. In order to obtain a permit, they must first submit a written application to the Finance Department/Business Tax Receipt Division and pay the required fee. The written application will request, at a minimum: 1) The applicant's full name, address, and telephone number ; 2) The applicant's date of birth; 3) A photocopy of their current Florida Driver's License; 4) Two recent color passport sizes photographs; 5) Whether the applicant has ever held a pedicab license and, if so, when and where, and if such license has even been revoked, for what cause; 6) Any such other information that may be required by the Finance Department or Police Department. Changes since first reading -Application Requirements: We have proposed deleting the requirement that a pedicab driver must have a letter from a pedicab business owner in order to apply for driver's permit, as this request would not appear to be necessary, since only pedicabs with a business tax receipt can be operated in the city. B. Application review process: The Finance Department will forward the application to the Miami Beach Police Department, who will investigate the facts stated in the application and make a recommendation to approve or deny the application. Any applicant whose application has been denied cannot re-apply for one year. The Police Department can recommend a denial of an application if: 1) the applicant failed to provide all required information; 2) the applicant misrepresented facts on the application; 3) the applicant does not possess a valid Florida Driver's License; 4) the applicant has any driving restriction on their Driver's License imposed by the State Florida; 5) the applicant has pled nolo contendre, pled guilty, been found guilty or been convicted of a felony within the last five (5) years preceding the application, regardless of whether adjudication has been withheld, unless his or her civil or residency rights have been restored; 6) the applicant has pled nolo contendre, pled guilty, been found guilty or been convicted of any felony, regardless of whether adjudication has been withheld, involving moral turpitude relating to sex; the use of a deadly weapon; homicide; trafficking in narcotics; violence against a law enforcement officer under Section 775.0823, Florida Statutes; is a habitual violent felony offender under Section 775.084, Florida Statutes; or is a registered sexual predator or sexual offender; 7) the applicant has pled nolo contendre, pled guilty, been found guilty or been convicted, regardless of whether adjudication has been withheld, for hit and run, or driving a vehicle recklessly or while under the influence of intoxicating alcohol or drugs within the three(3) years immediately preceding the application. Changes since first reading -Application review process: The ordinance on second reading includes the Code Compliance Division in the review of the pedicab driver applications. Code Compliance will research applicant violation history and, should they determine that there have been three adjudications for violations of the pedicab ordinance in the preceding twelve months, would recommend denial of the application. C. Permit: Once approved, the pedicab driver will be given an identification card that must be worn at all times on his or her person while operating a pedicab, in a manner that is clearly visible to passengers, code 2 Page 3 of 3 Pedicab Driver Ordinance compliance officers and police officers. Failure to wear an identification card will result in a violation, and will require the pedicab driver to immediate cease operation of the pedicab. The pedicab driver permit will be good for one year, and the permit period will run concurrent with the City's fiscal year. An applicant for a pedicab driver permit will pay the required, non-refundable application fee that is charged to cover the costs of reviewing and processing a pedicab driver permit application ($85). In addition, a permit fee will also be charged ($25). Changes since first reading -Permit: The calculation of the application fee, and the permit fee, were the only changes in this area since the first reading. D. Fines and Penalties: A pedicab driver must comply with all traffic laws and regulations. In the event that the pedicab driver violates a traffic law, the pedicab driver shall be cited for the appropriate traffic infraction, and in addition can receive a violation for violating the City's pedicab ordinance. Pedicab drivers that violate the pedicab ordinance will be subject to the same fine and penalty provided in the pedicab ordinance. These fines and penalties can currently be issued to both the driver and the pedicab business operator/owner. Changes since first reading -Fines and Penalties: At the first reading there was discussion regarding the fine and penalty schedule for pedicab drivers. In particular, there was discussion as to whether other options were available to address violations by pedicab drivers, such as a suspension of a permit. Staff has developed the following alternative fines and penalties only for second or third violations for the Commission's consideration; all first violations by pedicab drivers would be subject to the $250 fine specified in the pedicab ordinance. As proposed in the attached, a pedicab driver may choose the alternative of paying the fine schedule that exists in the pedicab ordinance ($1,500 for a second violation; $3,000 for a third violation), or may choose a suspension period. For second violations the suspension period is three (3) months from adjudication; for third violations the suspension period is six (6) months fro adjudication. The pedicab ordinance currently permits the City to pursue revocation of a permit for three or more violations. As such, any additional violation would result in the penalties provided for in the pedicab ordinance under Section 106-467 (h). FISCAL IMPACT The proposed ordinance will require review of permit applications by the Finance Department/Business Tax Receipt and Police Department. An application fee will be established and collected for review of applications. In addition, Code Compliance and Police staff will need to monitor compliance with applicable codes and laws. CONCLUSION In reviewing almost a dozen pedicab regulations in major cities throughout the country, the requirement for a separate licensing process for a pedicab driver, in addition to the pedicab business owner, is a common practice. Requiring a permit for drivers provides the City with an opportunity to evaluate and confirm the permit applicant's compliance with all applicable requirements. It is recommended that the ordinance be approved on second reading. JMG/HMF T:IAGENDA12008\September 101RegularlPedicab Driver Ordinance 2nd rdng Memo.doc 3 =j o~ N m °' ~ MIAMIBEACH N N ' -CITY OF MIAMI BEACH '; NOTICE OF PUBLIC HEARINGS ~: ~~ NOTICE IS HEREBY given that second readings and public hearings will be held by - the Mayor and City Commission of the City of M iami Beach, Florida, in the Commission c Chambers, 3rd floor, City Ha{I, 1700 Convention Center Drive, Miami Beach, Florida, _ ', on Wednesday, September 10, 2008, to consider the following: f a 10:40 a.m. W~ An Ordinance Amending The Land Development Regulations Of The City Code By o li Amending Chapter 130 "Off-Street Parking," Article II "Districts, Requirements," ~, ', By Creating Section 130-38 "Mechanical And Robotic Parking Systems" To Permit Mechanical Parking Devices And Robotic Parking Systems To Be Used In Order To ~; Satisfy Parking Requirements. Inquiries may be directed to the Planning Department at (305) 673-7550. E m f 41:00 a.m. m ' An Ordinance Amending Chapter 106 Of The City Code Entitled "Traffic And Vehicles"; FI By Amending Article X, Entitled °Pedicabs" By Amending Section 106-465 Entitled "Operations" To Require Pedicab .Driver's Permits And Providing Regulations, Enforcement Provisions, And Fines And Penalties Relative Thereto And Renumbering The Subsections In Section 106-465, Accordingly. Inquiries may be directed to the City Manager's Office at (305) 673-7010. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida i j 33139. Copies of these ordinances are available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, and Miami Beach, Florida 33139. This meeting may be continued and under such circumstances additional legal notice would not be provided. Robert E. Parcher, City Clerk City of Miami Beach Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a ' person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a Verbatim record of the proceedings is made., which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact (305) 604-2489 (voice), (305) 673-7218 m~ five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). Ad #500