Ord. No. 10-86-1255ORDINANCE NO.10-86-1255
AN ORDINANCE OF THE CITY OF SOUTH MIAMI,FLORIDA;TO
DESIGNATE CONTROLLED PARKING RESIDENTIAL AREAS;PROVIDING
ELIGIBILITY AND CRITERIA FOR ESTABLISHING CONTROLLED PARKING
RESIDENTIAL AREAS;PROVIDING PROCEDURE FOR DETERMINING CONTROLLED
PARKING RESIDENTIAL AREAS;PROVIDING ISSUANCE OF SPECIAL PARKING
PERMITS UPON APPLICATION;PROVIDING PRIVILEGES AND RESTRICTIONS
ON RESIDENTIAL PERMITS AND PROVIDING PENALTIES.
BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA:
Section 1.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 facili
tate the efficient movement of traffic by providing for residen
tial 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 of 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 to their residences;to preserve the character of
those areas as residential districts;to promote efficiency in
the maintenance of these streets 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 traf
fic safety,clean air and the comfort,health,convenience and
welfare of the inhabitants of the City.
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 parked ina residen
tialareabya person whoisnotaresidentofthedesignated
residential area.
Controlled parking residentialareameansa contiguous or
nearly contiguous area containing streets orparts thereof pri
marily abutted by property whichhasaspecific 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 es
tablished herein.
Fiscal Year means the period beginning and ending
of the following year.
Resident means a person who owns or leases real property
within a residential area and who maintains either a voting resi
dence or bona fide occupancy,or both,at that address.
Residential parking permit means a special permit issued
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 fol
lowing the procedures hereinafter set forth,the director of the
traffic engineering department,through his authorized represen
tative in the police department,is hereby authorized to desig
nate "controlled parking residential area"by appropriate signs
and the recording thereof on an appropriate City map or plat in
which the parking of vehicles may be restricted on public streets
at certain times during the day only to vehicles bearing a valid
residential parking permit issued pursuant to the terms of this
division.This authority shall be in addition 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 con
trolled parking residential areas is hereby set forth:
(a)A residentially zoned area shall be deemed eligible for
designation asa controlled parking residential area for
residential permit parking if,parking therein is im
pacted by commuter vehicles between 8:00 a.m.and 5:30
p.m.of any day.
(b)In determining whetheranareaidentifiedasimpacted
and eligible for residential permit parking shallbe
designated asa controlled parking residential area,the
following factors shall be considered.
(1)The local needs with respect to clean air and en
vironment in residental 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 resi
dential area.
(5)The desire and need of the residents for residen
tial permit parking.
(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 asa 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 deter
mine 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 asa 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 asa controlled parking residential
area based upon a study previously conducted,if the
criteria set forth above are met.
(b)When the City manager finds the criteria to designate
have been met in a controlled parking residential area,
he shall cause the regulation to be recorded upon an ap
propriate 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,loca
tions and conditions upon which parking shall be by per
mit 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 division 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 applica
tion is hereby set forth:
(a)Following the official designation ofa controlled park
ing 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 registra
tion number.The motor vehicle's registration may,at
the discretion of the Finance Dept.,be required to be
presented at the time of making said application in or
der 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 show
ing residency within the controlled residential parking
area.The permit shallbe valid fora "fiscal year"as
hereinabove defined and shall be renewed for each suc
cessive 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.
Section 6.Privileges and restrictions on residential park
ing permits is hereby set forth:
(a)The holder ofa residential parking permit shallbeper
mitted to stand or park a motor vehicle displaying the
permit and operated by him/her in the designated resi
dential 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 isso 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 con
trolled 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 parked,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 in
formation in an application to the Finance Dept.,in or
der to obtain a residential parking permit.
(e)The Finance Dept.is authorized to revoke the residen
tial parking permit of any permittee found to be in vi
olation of this division and,upon written notification
thereof,the permittee shall surrender such permit to
the City manager.Failure,when so requested,to sur
render 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 provision
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 tovi
olation of municipal ordinances and persons illegally parked pur
suant to 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 tobe 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.Itis 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 ordi
nance may be renumbered or relettered and the word "ordinance"
may be changed to "section","article"or such other appropriate
word or phrase in order to accomplish such intentions.
Section 10.This ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this 5^day of August 1986
APPROVED:
/CITY QLERR^(JMQJI^
FIRST READING July 22ndt IQfifi
PUBLICATION July 25th,IQfifi
PUBLIC HEARING August fith,IQfifi
SECOND READING August.5th,IQftfi
PASSED AND ADOPTED August fith,IQftfi
APPROVED AS TO FORM
273830001/40595:38
07/29/86
CITY ATTORNEY