Ord. No. 14-03-1798ORDINANCE NO
WHEREAS, The City Commission hereby finds and declares that it is in the best interest
of the residents of the City to reduce vehicular congestion on residential streets and to facilitate
the efficient movement of traffic by providing for residential parking preference during certain
hours of the day within certain areas meeting the criteria hereinafter set forth' that residential
permit parking regulation is necessary to promote the health, safety and welfare of the residents
of the City by providing adequate parking spaces adjacent to or close by their places or
residence; that it is in the public interest to reduce hazardous traffic conditions resulting from the
use of streets located within congested residential areas for the parking of vehicles by persons
using such residential areas to gain access to other places; to protect those areas from excessive
noise; to protect the residents of those areas from unreasonable burdens in gaining access tot heir
residences; to preserve the character of those areas as residential districts; to promote efficiency
in the maintenance of the street in a clean and safe condition; to preserve the value of the
property in those areas; to preserve the safety of children and other pedestrians and to promote
traffic safety, clean air and the comfort, health, convenience and welfare of ht inhabitants of the
City
BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY
Section 1. The City of South Miami Code of Ordinances is amended to create Section 15 -99
entitled "CONTROLLED PARKING RESIDENTIAL AREAS"
Sec. 15 -99. Controlled Parking Residential Areas.
Whenever in this division the words hereinafter defined are used they shall, unless the context
requires otherwise, be deemed to have the following meanings:
Commuter vehicle means a motor vehicle parking in a residential area by a person who is
not a resident of the designated residential area; and
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Ord. No. 14 -03 -1798
Controlled parking residential area means a contiguous or nearly contiguous area
containing streets or parts thereof primarily abutted by property which has a specific residential
zone designation on the official zoning map of the City and which is designated for restricted
residential parking by the City Manager, or his designee, pursuant to criteria and procedures
established herein.
Fiscal Year means the period beginning
of the following year.
and ending
Resident means a person who owns or leases real property within a residential area and
who maintains either a voting residence or bona fide occupancy, or both, at that address.
Residential parking permit means a special permit issues hereunder for the privilege of
parking on a street designated as a "controlled parking residential area."
Section 2. Upon approval of the City Manager, and after following the procedures
hereinafter set forth, the director of the traffic engineering department, through his authorized
representative in the police department, is hereby authorized to designate "controlled parking
residential area" by appropriate signs and the recoding thereof on an appropriate City map or plat
in which the parking of vehicles may be restricted on public streets at times during the day only
to vehicles bearing a valid residential parking permits issued pursuant to the terms of this
division. This authority shall be in additional to any other authority of the City to regulate the
times and conditions of motor vehicle parking on public streets.
Section 3. Eligibility and criteria for establishing controlled parking residential areas is
hereby set forth:
(a) A residentially zoned area shall be deemed eligible for designation as a controlled
parking residential area for residential permit parking if, parking therein is impacted
by commuter vehicles between 8:00 a.m. and 530 p.m. of any day
(b) In determining whether an area identified as impacted and eligible for residential
permit parking shall be designated as a controlled parking residential area, the
following factors shall be considered.
(1) The local needs with respect to clean air and environment in residential areas.
(2) The possibility of a reduction in total vehicle miles driven in the City.
(3) The likelihood of alleviating traffic congestion, illegal parking and related
health and safety hazards.
(4) The proximity of public transportation to the residential permit parking
(5) The desire and need of the residents for residential permit parking.
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Ord. No. 14 -03 -1798
(6) The need for parking regulation to maintain the residential character of
neighborhoods.
Section 4. Procedure for determining controlled parking residential areas is hereby
set forth:
(a) In order to determine whether a particular area should be designated as a controlled
parking residential area, the City Commission can request, or the City Manager may
conduct, upon his own initiative or upon a petition of a majority of the households on a
proposed residential block addressed to the City Manager, a study to determine if the
proposed area meets the criteria set forth above. Following the study, the City Manager
shall determine whether to designate the proposed area under consideration as a
controlled parking residential area or to remove the designation in the case of a
previously established controlled parking residential area. The City Commission may
also request the City Manager to designate an area as a controlled parking residential area
based upon a study previously conducted, if the criteria set forth above are met.
(b) When the City Manager funds the criteria to designate have been met in a controlled
parking residential area, he shall cause the regulation to be recorded upon an appropriate
map of the City and retained permanently in the office of the City Clerk. In addition, the
City Manager shall cause parking signs to be erected upon public streets in the area,
indicating the times, locations and conditions upon which parking shall be buy permit
only. When an area has been approved, designated and posted as a controlled parking
residential area, it shall be unlawful and a violation of this decision to park a commuter
vehicle in an area restricted to decal parking only without having a valid residential
parking permit affixed on the left rear bumper of the vehicle.
Section 5. Issuance of special parking permits upon application is hereby set forth:
(a) Following the official designation of a controlled parking residential area, the City
shall issue appropriate residential parking permits to qualifying applicants. Upon
application a permit shall be issued only to the owner or operator of a motor vehicle
who resides in the controlled parking residential area in which he resides.
(b) The application for a permit shall contain the name of the owner or operator of the
motor vehicle, residential address, the motor vehicle's make, model and registration
number. The motor vehicle's registration may, at the discretion of the Finance
Department, be required to be presented at the time of making said application in
order to verify the contents thereof. In the event the vehicle is registered at an
address other than the local residence, the applicant shall provide other sufficient
proof, acceptable to the department of management showing residency within the
controlled residential parking area. The permit shall be valid for a "fiscal year" as
hereinabove defined and shall be renewed for each successive fiscal year. After the
initial permit has been issued, any renewal thereof shall be affixed to the vehicle no
later than the applicable current fiscal year.
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Ord. No. 14 -03 -1798
Section 6. Privileges and restrictions on residential parking permits are hereby set forth:
(a) The folder of a residential parking permit shall be permitted o stand or park a motor
vehicle displaying the permit and operated by him/her in the designated residential
controlled parking area during such times and places as the parking of motor vehicles
therein is permitted. While a vehicle for which a residential parking permit has been
issued is so parked, such permit shall be permanently affixed on the left rear bumper
of the vehicle. A residential parking permit shall not guarantee or reserve to the
holder of same a parking space within a designated controlled parking residential
area.
(b) A residential parking permit shall not authorize the holder thereof to stand or park a
motor vehicle in such places or during such times as the stopping, standing or parking
a motor vehicle is prohibited or set aside for specific types of vehicles, nor exempt the
holder from the observance of any traffic regulation within the controlled parking
residential area.
(c) No person other than the permittee named thereon shall use the residential parking
permit or display it on a vehicle operated or parking, and any such use or display by a
person other than the permittee shall constitute a violation of this article by the
permittee and by the person who so used or displayed such parking permit.
(d) It shall constitute a violation of this division for any person to falsely represent
himself as eligible for a residential parking permit or to furnish any false information
in an application to the Finance Department, in order to obtain a residential parking
permit.
(e) The Finance Department is authorized to revoke the residential parking permit of any
permittee found to be in violation of this division and, upon written notification
thereof, the permittee shall surrender such permit to the City Manager. Failure, when
so requested, to surrender a residential parking permit so revoked shall constitute a
violation of this division.
(f) Any permit issued hereunder is nontransferable to another person or another vehicle.
(g) The Finance Department is authorized to make provisions for the issuance of
temporary parking permits to bona fide visitors of residents of a designated controlled
parking residential area.
Section 7.' A fee shall be imposed for the issuance of the temporary permit in an
amount approved by the City Commission to recover costs related to the parking program
Whoever violates the provisions of this division shall be penalized pursuant to the provisions of
this Code relating to violation of municipal ordinances and persons illegally parked pursuant to
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Ord. No. 14 -03 -1798
the terms of this division shall be fined in the manner presently provided in the City for illegal
parking and their vehicles may be towed and stored at their expense.
Section 8. 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 effect the validity of the remaining portions of this ordinance.
Section 9. It is the intention of the City Commission that the provisions of this
ordinance shall become and be made a part of the south miami City Code; and that the sections
of this ordinance may be renumbered or re- lettered and the word "ordinance" may be changed to
"section ", "article" or such other appropriate word or phrase in order to accomplish such
intentions.
passage.
Section 10. This ordinance shall take effect immediately at the time of its
PASSED AND ADOPTED this 3rd day of June , 2003.
Approved:
Attest:
Horace G. Fe u
Mayor
Ronetta Taylo , CMC
COMMISSION VOTE:
4-0
City Clerk
Mayor Feliu:
Yea
Vice Mayor Russell:
Yea
1St Reading - May 20, 2003
Commissioner Wiscombe:
not present
2 "d Reading - June 3, 2003
Commissioner McCrea:
Yea
Commissioner Bethel:
Yea
READ AND APPROVED AS TO FORM
CITY ATTORNEY
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AN ORDINANCE OF.THE•CITY OF, SOUTH MIAMI, FLORIDA, .: .
RELATING TO. RESIDENTIAL PARKING; AMENDING THE
SOUTH _MIAMI CODE'OF ORDINANCES BY..CREATION A
NEW' SECTION 15 -99,. ENTITLED :CONTROLLED, PARKING
RESIDEN%L AREAS;:: TO ' DESIGNATE '' CONTROLLED "
PARKING _RESIDENTIAL" AREAS;. PROVIDING, ELIGIBILITY'
AND `CRITERIA FOR ESTABLISHING'CONTROLLED PARK-
ING-RESIDENTIAL
., AREAS;. PROVIDING - ..PROCEDURE. FOR.
DETERMINING CONTROLLED PARKING RESIDENTIAL ARE-
AS; PROVIDING ISSUANCE.OF SPECIAL PARKING PERMTS
UPON APPLICATION; PROVIDING PRIVILEDGES AND.RE-
STRICTIONS ON RESIDENTIAL PERMITS AND PROVIDING
"PENALTIES; PROVIDING FOR. SEVERABILITY ORD.INANC-
ES IN CONFLICT, AND AN EFFECTIVE DATE (1 st riading -
-May20.2003j-
AN ORDINANCE OF THE MAYOR AND ,CfTy COMMISSION
`OF THE CITY OF SOUTH MIAMI. FLORIDA, RELATING TO
THE -LAND DEVELOPMENT CODE; SPECIFICALLY,REGULA- -
..TIONS DEALING WITH PROVISIONS THAT ALLOW FOR THE
= REDUCT16N OF RE6UIRED, OFF, - STREET - PARKING BY
AMENDING :ORDINANCENO."0- .;1682 IN ORDER TO CON-
I _ : TINt1E.FOR .AN ADDITIONALFTWELVE (12) MONTHS THE
SUSPENSION .;OF, SECTION - 20-4,4(G) AND SECTION � 20 -; °-
.4.4(H) PROVIDING FOR tEVERABILITY, ORDINANCES IN M
CONFLICT AND PROVIDING AN EFFECTIVE DATE. (1 st read-
ing -May 20; 2003) -, ,
Said ordinance can be inspected in the City Clerk's Office, Monday - Friday
during regular off ice hours.
Inquiries concerning this item should be directed to the City Manager's
Office at 305- 663 -6338 and.Planning Department at 305.663 -6326.
ALL interested parties are invited to attend and will be heard..
Ronetta Taylor, CMC
_ :City Clerk ...
City of South Miami
Pursuant to Florida Statutes 286.01:05, the City hereby advises the .I
public that if a person decides to appeal any decision made bythis Board,
Agencyor Commission with respect to any matter considered, at its meeting
or hearing, he or she will need a record of the proceedings, and that for.'
such purpose, affected person may need to 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.
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