9Agenda Item No:9.
City Commission Agenda Item Report
Meeting Date: September 15, 2020
Submitted by: Alfredo Riverol
Submitting Department: Finance Department
Item Type: Ordinance
Agenda Section:
Subject:
An Ordinance amending the City of South Miami Code of Ordinances Chapter 15A Titled “Parking Meters” by
repealing all of the parking regulation of Chapter 15A and substantially updating those parking regulations. 3/5
(City Manager-Finance Dept.)
Suggested Action:
Attachments:
Memo-chapter 15(2).docx
Ord_amending_15A__Parking_FINAL_ProposedCArev_2___1_ (1).asd.docx
Miami Herald Ad.pdf
MDBR Ad.pdf
1
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor and Members of the City Commission
FROM:Shari Kamali, City Manager
DATE:September 1, 2020
SUBJECT:An Ordinance amending the City of South Miami Code of Ordinances Chapter
15A Titled “Parking Meters” by repealing all the parking regulation of Chapter
15A and substantially updating those parking regulations.
BACKGROUND:The City of South Miami in 1963 established Chapter 15A, Parking Meters, within
the City’s Code of Ordinance. Since that time there have been four revisions;
one related to providing an exemption for disabled veterans and disabled
persons (1971), two related to establishing penalties for extended parking
(1975) and overtime and improper parking (1978), and the last establishing
electric vehicle off-street parking improvements, requirements, and regulations
(2019).
As highlighted above, much of the Chapter 15A remains the same from what
was adopted in 1963 and is outdated. The proposed Ordinance serves to update
Chapter 15A, “Parking,” and bring it into compliance with how the City’s current
Parking Program operates, including the technological advances that have
occurred since inception.
ATTACHMENT: ORDINANCE
2
1
ORDINANCE _________________1
An Ordinance amending the City of South Miami Code of Ordinances Chapter 2
15A Titled “Parking Meters” by repealing all of the parking regulation of 3
Chapter 15A and substantially updating those parking regulations.4
WHEREAS, the City of South Miami in 1963 established Chapter 15A, Parking 5
Meters, within the City’s Code of Ordinance; and 6
WHEREAS, since that time there have been four revisions; one related to providing 7
an exemption for disabled veterans and disabled persons (1971), two related to establishing 8
penalties for extended parking (1975) and overtime and improper parking (1978), and the 9
last in 2019 establishing electric vehicle off-street parking improvements, requirements, 10
and regulations; and 11
WHEREAS,much of the Chapter 15A remains the same from what was adopted in 12
1963 and is substantially outdated; and 13
WHEREAS,the proposed Ordinance serves to update Chapter 15A, Parking Meters, 14
and bring it into compliance with how the City’s current Parking Program operates, 15
including the technological advances that have occurred since inception; and16
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF 17
THE CITY OF SOUTH MIAMI, FLORIDA:18
Section 1. The foregoing recitals are hereby ratified and incorporated by reference 19
as if fully set forth herein and as the legislative intent of this Ordinance.20
Section 2: Chapter 15A, of the Code of Ordinances, City of South Miami, Florida, is21
hereby amended and will read as follows:22
Chapter 15A - PARKING METERS.23
Sec. 15A-1. - City manager to establish zones, install meters, set fines. 24
The city manager is hereby vested with the authority to establish zones in the offstreet 25
parking lots and parking facilities owned or operated by the city, such zones to be known 26
as parking meter zones; in such parking meter zones, the city manager shall install or cause 27
to be installed parking meters and designate parking meter spaces, and to fix the time 28
limitations for parking in such zones and parking meter spaces. 29
Sec. 15A-2. - Location, construction of meters. 30
Meters installed in parking meter zones in the city shall be placed at the curb 31
immediately adjacent to the individual parking spaces herein described. Each parking meter 32
shall be placed or set in such a manner as to indicate by signal that the parking space 33
3
2
adjacent to such meter shall or shall not be legally in use. Each parking meter shall be 34
installed and set to display, upon the deposit of one or more designated coins in United 35
States currency therein, a signal indicating legal parking for that period of time conforming 36
to the limit of parking which has been or may be established for that particular area or zone 37
of the pavement on which said parking meter is installed. Each meter shall also be so 38
arranged that upon the expiration of the legal parking time, the meter shall indicate by a 39
mechanical operation and a display of the proper signal that the lawful parking period has 40
expired. 41
Sec. 15A-3. - City manager to mark spaces; parking within spaces; maximum vehicle 42
length. 43
The city manager shall cause to have painted or placed in the city, lines or markings 44
upon the curb or upon the pavement adjacent to each parking meter for the purpose of 45
designating the parking space for which said meter is to be used, and any vehicle parked 46
alongside of or next to any parking meter shall park within the lines or markings so 47
established. It shall be unlawful to park any vehicle across any such line or marking, or to 48
park any vehicle the overall length of which exceeds twenty feet, in any parking meter 49
parking space. 50
Sec. 15A-4. - Manner of parking. 51
Whenever any parking space in any parking meter zone in the city shall be parallel with 52
the adjacent curb or sidewalk, any vehicle parked in said parking space shall be parked in 53
such manner that the foremost portion of such vehicle shall be alongside of and nearest to 54
the parking meter; when parking space in any parking meter zone shall be diagonal to the 55
curb or sidewalk, any vehicle parked in such parking space shall be parked with the foremost 56
portion of such vehicle directed at and nearest to such meter. 57
Sec. 15A-5. - Deposit of coins required; overtime parking; hours of meter operation. 58
When any vehicle shall be parked in any space alongside of or next to any space in the 59
city in which a parking meter is located, the operator of such vehicle shall immediately, 60
upon entering the said parking space, deposit or cause to be deposited in such parking 61
meter a coin or coins in United States currency, in such denomination as described on the 62
parking meter and the parking space may then be lawfully occupied by such vehicle during 63
the period of parking time which has been prescribed for that portion of the pavement in 64
which the parking space is located. If any vehicle shall remain parked in any parking meter 65
space beyond the parking time limit fixed for such space, the parking meter shall display a 66
sign or signal indicating illegal parking, and in that event such vehicle shall be considered to 67
have parked overtime and in excess of the period of legal parking time. The parking of said 68
vehicle overtime or beyond the period of legal parking time in any such portion of the 69
pavement where such meter is located shall be unlawful. It is hereby provided, however, 70
4
3
that the placing of coins in parking meters shall not be required on Sundays nor between 71
the hours of six o'clock p.m. and seven o'clock a.m., unless otherwise indicated on such 72
meters, or otherwise indicated by appropriate signs. 73
Sec. 15A-6. - Extending time prohibited. 74
It shall be unlawful for any person to deposit or cause to be deposited in any parking 75
meter in the city any coin for the purpose of enlarging or extending the parking time for any 76
vehicle beyond that legal parking time which has been established for the parking space 77
immediately adjacent to which such parking meter shall have been placed. 78
Sec. 15A-7. - Slugs prohibited. 79
It shall be unlawful to deposit or cause to be deposited in any parking meter in this city 80
any slug, device or metallic substitute for United States coin. 81
Sec. 15A-8. - Damaging, tampering with meters. 82
It shall be unlawful forany person to deface, injure, tamper with, open or wilfully break, 83
destroy or impair the usefulness of any parking meter installed under the provisions of this 84
chapter. 85
Sec. 15A-9. - Disposition of receipts. 86
All coins required to be deposited in parking meters as provided herein are hereby 87
levied and assessed as fees to provide for the proper regulation and control of traffic, upon 88
the public pavements, and to cover the cost of the supervision, inspection, installation, 89
operation, maintenance, control and use of the parking spaces and parking meters 90
described herein, together with the cost of supervising and regulating the parking of 91
vehicles in the parking meter zones created. 92
Sec. 15A-10. - Police to enforce chapter. 93
It shall be the duty of the police officers of this city to enforce the provisions of this 94
chapter and they are hereby vested with all power and authority necessary for the 95
enforcement thereof. 96
Sec. 15A-11. - Summons for violations. 97
Any person violating any of the provisions of this chapter may be served with a 98
summons for such violation as hereinafter provided. The summons as used herein shall be 99
a written notice issued and served by city police officers to a person who shall be ordered 100
thereby to personally appear at police headquarters at a specified time to answer to a 101
violation of the chapter stated thereon and to make satisfaction for such charge by paying 102
5
4
a prescribed penalty fine or by having such charge transferred to the municipal court docket 103
for a hearing on such charge in municipal court. The summons herein provided for shall 104
have written thereon, the offense, time, place, license tag number, description of the 105
vehicle, the name and address of the offender if known, and such other information as the 106
chief of police deems necessary, together with instructions to appear at police 107
headquarters not later than the time specified hereon. 108
Sec. 15A-12. - Failure to answer summons. 109
Any person who has been served with a summons and who shall fail to appear at police 110
headquarters within the time specified in such summons may be arrested forthwith and 111
tried in municipal court and shall be subject to the penalty herein prescribed for the 112
violation charged for such summons, together with any additional costs. 113
Sec. 15A-13. - Parking in violation of chapter 15; exemption to disabled veterans and 114
disabled persons. 115
It shall be unlawful for any person to countenance, cause, permit, or suffer any vehicle 116
registered in his name to stop, stand or park in any metered parking zone in violation of any117
of the provisions of this chapter; provided, however, that any motor vehicle owned by a 118
disabled veteran bearing a "DV" motor vehicle license plate issued pursuant to Section 119
320.084 Florida Statutes while being operated by the disabled veteran to whom such plate 120
was issued; and, any disabled person who has received such designation of disability from 121
the State of Florida Department of Motor Vehicles, may park in metered parking spaces 122
without payment of the parking fee required by this chapter, for the lawful period provided 123
for such metered parking space. 124
Sec. 15A-14. - Police and clerks may accept fines. 125
Police officers and clerks of this city, upon authorization, may accept, in behalf of the 126
city, penalty fines, as described by this chapter. All such officers or clerks shall issue official 127
city receipts and deliver a receipt to all persons paying such fine. 128
Sec. 15A-15. - Penalty unless otherwise provided. 129
Unless another penalty is expressly provided herein, every person found guilty of a 130
violation of any provision of this chapter may be punished by imprisonment and/or fine, 131
not in excess of the punishment provided for in the city charter. 132
Sec. 15A-16. - Penalty for overtime and improper parking. 133
The following scale of penalties is hereby fixed for traffic violations listed in this section 134
for first, second or third offenses, respectively, when such person charged with a violation 135
shall appear at police headquarters and plead guilty to the charge; provided, however, that 136
6
5
the city may refuse to accept the payment of the fine under the provisions of this section 137
for any violation set forth herein, for which a summons shall have been issued and may 138
require the offender to appear in the municipal court for trial on such violations: 139
Section First
Offense
Second
Offense
Third
Offense
15A-3 and 15A-13
Overparking $3.15 $5.25 $7.35
15A-4 and 15A-5
Improper parking 4.20 7.35 16.60
15A-6
Extended parking 4.20 7.35 12.60
(The above penalties include the five (5) per cent surcharge provided for by Section 960.25 140
of the Florida Statutes.) 141
Sec. 15A-17. - Penalty for misuse of parking spaces designated for electric vehicle 142
charging. 143
(1) No person shall stop, stand, or park a vehicle within any parking space designated for 144
charging of electric vehicles where charging equipment has been installed, or 145
otherwise block access to such parking space, unless that vehicle is connected to and 146
charging from electric vehicle supply equipment, as defined in section 20-4.4(G)(1), 147
provided, however, that this restriction shall not apply to any person who makes use 148
of an EVSE space that is in addition to the number of ESVE spaces required by this 149
section and that is specifically assigned to, or wholly owned by, that person; or 150
(a) Whenever a parking enforcement officer is invited onto private property by a 151
person who resides on that property and who complains to the officer of a vehicle 152
that is stopped, standing or parked within, or otherwise blocking access to, an ESVE 153
space on that property and if the officer finds a vehicle in violation of this section, 154
the officer shall: 155
(i) Allow the vehicle owner, the land owner or the operator, if present at that 156
time, the choice of voluntarily relocating the vehicle to any lawful parking 157
space or facility, and if not immediately removed, the officer shall have the 158
vehicle relocated to such a place by having the vehicle towed by involuntary 159
means such as towing. Whenever a vehicle is relocated, any cost of such 160
relocation shall be charged to the registered owner of the vehicle, and if 161
7
6
allowable by law, a lien may be placed on the vehicle if the fine is not paid 162
within thirty (30) days of the issuance of the parking citation; and 163
(ii) Issue a parking citation to the registered owner of the vehicle. 164
(2) Whenever evidence shall be presented in any court or before any local hearing officer, 165
magistrate or special master of the fact that a vehicle was found to be parked in 166
violation of this section, it shall be prima facie evidence that the vehicle was parked 167
and left in the space by the person, firm, or corporation in whose name the vehicle is 168
registered according to the records of the Florida Department of Highway Safety and 169
Motor Vehicles. 170
(3) Violators of this section shall be prosecuted in the same manner as other parking 171
violations. The fine for this parking violation, in accordance with F.S. § 316.1945, is the 172
maximum fine for a non-moving traffic violation pursuant to F.S. ch. 318. 173
Sec. 15A-1. - City Manager to establish zones, install meters, and establish enforcement 174
areas.175
The City Manager may establish Parking Meter Zones. In all Parking Meter Zones in 176
which the Parking Meter Space is owned or operated by the City, the City Manager may 177
install or cause to be installed Parking Meters and designate Parking Meter Spaces, and to 178
fix the time limitations for parking in such zones. The City Manager also has the authority 179
to establish Parking Meter Zones on private property, with the owner’s permission, in off-180
street parking lots and facilities that are open to vehicular travel by everyone in the general 181
public. Nothing contained herein may restrict the City’s right to enforce all state traffic laws 182
and state, County and City parking laws on private property that is open to vehicular traffic 183
by everyone in the general public.184
Sec. 15A-2. -Definitions; Notice of violation; payment of penalty.
185
(1) Definitions: The following definitions are to be used for the interpretation of 186
this Chapter:187
Parking Meter means one or more mechanical or electronic device that accepts 188
United States currency in exchange for the right to use a Parking Meter Space for 189
a set amount of time, and they include, but are not limited to pay stations and 190
traditional parking meters.191
Parking Meter Space means a space on a right of way, public property, or Quasi-192
Public Property that is design for parking and that is open for traffic by vehicles 193
owned or operated equally by all members of the general public. 194
8
7
Parking Meter Zone means residential and commercial areas in the City 195
designated by the City Manager that are owned or operated by the City or 196
operated on Quasi-public Property for parking, including parking lots and parking 197
facilities.198
Quasi-public Property means private property that is open for vehicular use by 199
everyone in the general public. 200
(2) Citation for violations of this Chapter and of Chapter 30 of Miami-Dade 201
County Code of Ordinances are to be issued by the City’s Parking and Code Enforcement 202
Officers as defined in Section 2-25(b)(1). Each citation must include the following 203
information:204
(a) The location of the vehicle or, in the case of a parking violation in a Parking 205
Meter Space, the identifying number of the mechanical parking meter, or the 206
number that designates the location of the parking space, where the violation 207
occurred.208
(b) A description of the nature of the violation and the relevant section of 209
Chapter 30 of Miami-Dade County’s Code of Ordinances, and if applicable, the 210
section of this Chapter, that was violated.211
(c) The license plate number of the vehicle involved in the violation and the state 212
that issued the license plate.213
(d) The date and time at which the vehicle was found to be in violation of the 214
applicable law.215
(e) Penalty amount specified in Section 30-388.32 of Miami-Dade County Code 216
of Ordinances and, if applicable, the fine set forth in the City’s Schedule of Fees 217
and Fines.218
(f) Any other facts, acknowledgement of which is necessary to a thorough 219
understanding of the circumstances attending such violation.220
(3) Each parking enforcement officer must also attach to such vehicle a notice to 221
the owner thereof that such vehicle has been parked in violation of a provision of 222
Chapter 30 of the Miami-Dade County Code of Ordinance, and this Chapter if applicable.223
(4) The City Manager may in sole discretion administratively void a parking 224
violation upon a showing of good cause. Good cause may include but is not limited to 225
confirmation by substantial competent evidence of a meter malfunction, medical 226
emergency, mechanical breakdown, or vehicle exemption.227
9
8
Sec. 15A-3. - City Manager to mark spaces; parking within spaces; maximum vehicle 228
length. 229
The City Manager may cause to have painted or placed in the City, lines or markings 230
upon the curb or upon the pavement adjacent to each Parking Meter for the purpose of 231
designating the parking space for which said meter is to be used, and all vehicle must park 232
within the lines or markings so established. It is unlawful to park any vehicle across any such 233
line or marking, or to park any vehicle the overall length of which exceeds twenty feet, in 234
any Parking Meter Space unless it is a qualifying vehicles parked in an on-street loading area 235
designated for on-street loading and unloading.236
Sec. 15A-4. - Manner of parking. 237
(1)A vehicle in the City’s right of way may only be stopped or parked in a Parking 238
Meter Zone. If the Parking Meter Zone provides parking spaces that are parallel to the curb 239
or roadway, a vehicle may only be stopped or parked parallel to the curb or edge of the 240
roadway within the parking space markings, in the direction of authorized traffic 241
movement, and with its right-hand wheels within 12 inches of the right-hand curb or edge 242
of the roadway and the left-hand side of the vehicle must not impede the flow of traffic.243
(2)If the Parking Meter Zone is marked with diagonal parking space lines, a 244
vehicle parked in such parking space must be parked with the front of such vehicle facing 245
the curb and nearest to such meter.246
Sec. 15A-5. - Deposit of currency required; overtime parking; hours of meter operation. 247
When any vehicle is moved into any space that has a mechanical parking meter 248
associated with it or that has been assigned a parking space number, the operator of such 249
vehicle must immediately, after the vehicle enters the Parking Meter Space, deposit or 250
cause to be deposited in such Parking Meter United States currency, or insert or provide a 251
valid credit card and be charged, in such amount as described on the Parking Meter for the 252
time that the vehicle remains in the Parking Meter Space. It is a violation of this Chapter 253
for a vehicle to be in a Parking Meter Space if the appropriate amount has not been paid or 254
for remaining in the space beyond the parking time for which payment has been made or 255
beyond the time limit fixed for such space.256
Sec. 15A-6. - Extending time prohibited. 257
It is unlawful for any person to deposit or cause to be deposited in any Parking Meter 258
in the City any cash or credit card for the purpose of enlarging or extending the parking time 259
for any vehicle beyond the limitation on total legal parking time which has been posted on 260
the Parking Meter or location signage.261
262
10
9
Sec. 15A-7. - Slugs and other non-currency prohibited. 263
It is unlawful to deposit or cause to be deposited in any Parking Meter in this City 264
anything other than a valid credit card or United States currency or to stop payment on a 265
credit card that was used to pay for parking. 266
Sec. 15A-8. - Damaging, tampering with meters. 267
It is unlawful for any person to deface, tamper with, open or willfully break, damage, 268
destroy or impair the usefulness of any Parking Meter installed under the provisions of this 269
Chapter. 270
Sec. 15A-9. - Parking and Code Enforcement Officer to enforce Miami-Dade County 271
Chapter 30.272
It is the duty of the police officers and Parking Enforcement Officers of this City to 273
enforce the provisions of Chapter 30 of the Miami-Dade County Code of Ordinances and 274
this Chapter and they are hereby vested with all power and authority necessary for the 275
enforcement thereof. 276
Sec. 15A-10. -Parking Meter bags and permits.277
(1) The City Manager or designee has the authority to issue parking meter bags 278
or permits for the purpose of temporarily closing or restricting use of public Parking 279
Meter Space.280
(2) Fees for use of public Parking Meter Space may be established in the schedule 281
of fees adopted by the City Commission.282
(3) It is illegal for any person to park a vehicle in violations of the terms or 283
conditions under which a parking meter bag or permit is issued.284
(4) No person may fraudulently procure, alter or wrongfully utilize a bag or 285
permit issued.286
Sec. 15A-11. – Privately Owned Parking Signage and other requirements.
287
All privately owned parking lots and facilities must comply with the following 288
requirements:289
(1) All pay stations and signage for surface parking lots and parking facilities must 290
be noticeably different in color, shape and markings than City pay stations.291
(2) All parking lots and parking facilities must prominently display signs 292
explaining that the lot is privately owned.293
11
10
(3) The parking rate and hours of operation for private surface parking lots and 294
parking facilities must be prominently displayed on signs clearly visible at the entrance 295
to the parking lot and parking facility and pay stations. Signs must also include a phone 296
number to contact the parking lot operator who must be available to receive call at all 297
time of the day or night during which the lot or facility is open for business.298
Sec. 15A-12. - Parking exemption for disabled veterans and disabled persons. 299
It is unlawful for any person to allow, cause, permit, or suffer any vehicle to be 300
stopped, standing or parked in any Metered Parking Zone in violation of any of the 301
provisions of Chapter 30 of Miami-Dade County Code of Ordinances or this Chapter; 302
provided, however, that any motor vehicle owned by a disabled veteran bearing a "DV" 303
motor vehicle license plate issued pursuant to Section 320.084 Florida Statutes while being 304
operated by the disabled veteran to whom such plate was issued; and, any disabled person 305
who has received such designation of disability from the State of Florida Department of 306
Motor Vehicles, may park in metered parking spaces without payment of the parking fee 307
required by Chapter 30 of Miami-Dade County Code of Ordinances or this Chapter , for the 308
lawful period provided for such metered parking space. In order for a registered owner to 309
be exempt from paying the parking fee, such person must sign a statement under penalties 310
of perjury that he owned and was operating the vehicle at the time in question, and that 311
he is the person to whom the DV motor vehicle license plate was issued.312
Sec 15A-13. - Penalty unless otherwise provided. 313
The penalties set forth in Section 1-8 of the City’s Code of Ordinances apply to any 314
violation of this Chapter and Chapter 30 of the Miami-Dade County Code of Ordinances 315
unless another penalty is expressly provided in this Chapter for a specific violation. 316
Sec 15A-14. – On-Street loading requirements, general provisions.317
On-Street loadingzones are reserved for loading and unloading and may not be used 318
for parking of vehiclesor any other use during the hours as designated by the City Manager.319
Sec. 15A-15. - Penalty for misuse of parking spaces designated for electric vehicle 320
charging.321
(1)No person may stop, stand, or park a vehicle within any parking space designated 322
for charging of electric vehicles using Electric Vehicle Supply Equipment (ESVE), as defined 323
in section 20-4.4(G)(1), if the ESVE has been installed for that space, unless that vehicle is 324
connected to and is actively charging from said charging equipment. However, in any 325
proceeding to enforce a citation issued for a violation of this Subsection, the person being 326
charged has a complete defense if such person can prove that the building where the ESVE 327
space is located has more ESVE spaces than required by Section 20-4.4 and such person was 328
using an EVSE space that was assigned to, or owned by, that person;329
12
11
(2) No person may block access to any EVSE designated parking space if charging 330
equipment has been installed for that space;331
(3)Whenever a parkingor code enforcement officer is invited onto private property 332
by a person who resides on that property and who complains to the officer of a vehicle that 333
is stopped, standing or parked within, or otherwise blocking access to, an ESVE parking 334
space on that property and if the officer finds a vehicle in violation of this section, the officer 335
must:336
(a) Obtain a written statement under penalties of perjury from the complaining 337
person that the building where the ESVE spaces are located does not have more 338
ESVE parking spaces than required by Section 20-4.4 or that the EVSE parking space 339
in question was not assigned to and is not owned by the owner of the vehicle in 340
question.341
(b) Allow the vehicle operator or owner, the land owner or the operator of the 342
parking lot or facility, if present at that time, the choice of voluntarily relocating the 343
vehicle to any lawful parking space or facility, and if not immediately removed, the 344
officer may have the vehicle relocated by having the vehicle towed. Whenever a 345
vehicle is relocated, any cost of such relocation will be charged to the registered 346
owner of the vehicle, and if allowable by law, a lien may be placed on the vehicle if 347
the fine is not paid within thirty (30) days of the issuance of the parking citation; and348
(c)Issue a parking citation to the registered owner of the vehicle.349
(3)Whenever evidence is presented in any court or before any local hearing officer, 350
magistrate or special master of the fact that a vehicle was found to be parked in violation 351
of this section, it is prima facie evidence that the vehicle was parked and left in the space 352
by the person, firm, or corporation in whose name the vehicle is registered according to the 353
records of the Florida Department of Highway Safety and Motor Vehicles.354
(4) Violators of this Section will be prosecuted in the same manner as other parking 355
violations. The fine for this parking violation, in accordance with Section 316.1945, Fla. Stat., 356
is the maximum fine for a non-moving traffic violation pursuant to Chapter 318, Fla. Stat.357
Sec. 15A-16. -Rebuttable Presumption. If a vehicle is found to be parked in violation of this 358
Chapter, it is a rebuttable presumption that the registered owner of the vehicle was 359
operating the vehicle and caused it to be illegally parked. This presumption may only be 360
rebutted by an affidavit, delivered to the City’s Code Enforcement Division within 15 days 361
of the issuance of the parking violation citation, in which the owner identifies, under 362
penalties of perjury, the person who parked the vehicle in violation of this Code and/or 363
Chapter 30 of the Miami-Dade County Code of Ordinances. If there are more than two 364
13
12
registered owners, the presumption applies to the first name listed on the registration with 365
the Florida Department of Highway Safety and Motor Vehicles (FLHSMV).366
Section 3.Codification. The provisions of this ordinance will become and be 367
made a part of the Code of Ordinances of the City of South Miami as amended. 368
Section 4.Severability. If any section, clause, sentence, or phrase of this 369
ordinance is for any reason held invalid or unconstitutional by a court of competent 370
jurisdiction, this holding will not affect the validity of the remaining portions of this 371
ordinance.372
Section 5.Ordinances in Conflict. All ordinances or parts of ordinances and all 373
sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. 374
Section 6.Effective Date.This ordinance will become effective upon 375
enactment.376
PASSED AND ENACTED this ____ day of _____________, 20___.377
ATTEST:APPROVED:378
________________________________________________379
CITY CLERK MAYOR380
381
1st Reading 382
2nd Reading 383
384
READ AND APPROVED AS TO FORM: COMMISSION VOTE:385
LANGUAGE, LEGALITY AND Mayor Philips:386
EXECUTION THEREOF Vice Mayor Welsh: 387
Commissioner Liebman:388
Commissioner Gil:389
________________________Commissioner Harris:390
CITY ATTORNEY391
14
16SE SUNDAY SEPTEMBER 6 2020NEIGHBORSMIAMIHERALD.COM
15
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday. Sunday and
L egal Holid ays
Miami , Miam i-Dade County. Flolida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personalty appeared
GUILLERMO GARCIA. who on oath says that he or she i s the
DIRECTOR Of O PE RATIONS . Legal Notices of the Miami Dai ly
Business Review flkJa M i ami
S 2~!.JH::ay . Sunday and
Revie>..... a daily
Legal Holidays)
(e xcept
newspaper,
p:'o'lsne-:l al r,' ami in Miami -Dade County, Florida ; that the
a:':.a cn ei copy of adve rtisement, being a Legal Advertisement
of ':O".1:e L"I tne matte r of
CITY OF SOUTH MIAMI -PUBLIC HEARINGS -SEP. 15. 2020
'" the XXXX Co .. n.
.... -as. p-!:' sred in sa id news pape r in the i ssues of
A..':'iant fur' ,her says thai the said Miami Da ily Business
Re ... iew is a newspaper published at Miami. in said Miami-Dade
C01Jnty. Florida and that the said new sp ape r has he re tofore
~-co-:,.r l!:ltlS"j publ ished In sa id Miami -Dad e County , Florida
e?::.-:=.y (e:l:::.e;lt Sat>.lr:ay Su nday and Legal Holi days) and
r,as :l€:eO ~n :ered as second class mail maH er at the post
c~= in M~a rTll In sa id Miami -Dad e County. Florida , for a period
:.f ;;:,e ye ar r.ext preced in g the first pu bli cati on of the attached
ccp', of advertisement: and affiant further says that he or she
ha s neimer paid nor pr omi sed any perso n, fi rm or corporati on
any discount, rebat e, commission or refund for the purpose of
securing this advertise ment for publication in the said
GUILLERMO GA RC IA personally known to me
"Q~':&"~:_: 1'r'-
.' ':-'" r;' • . .. \. "
.....
... (77 1
"' .. 2 !2
• 1\ "." •• .. ~ '. .
--'.--'-.
i,
CITY OF SOUTH MIAMI, FLORIDA
NOTICE OF PUBLIC HEARINGS
In accordance with City of South Miami Code, Chapter 286.011, Fla. Stat,
the City 's Home Rule Powers, and the City Manager's declaration of a
state of emergency due to the Coronavirus , the City w ill be holding its City
Commission Meeting VIRTUALLY. The meeting Is scheduled to begin on
Tuesday. September 15. 2020 at 7:00 p.m. to cons ider the following pub lic
hearing item{s):
A Resolution authorizing the City Manager to enter into multi-year lease
agreement with Quadient Leas ing USA, Inc., for a digital mail postage
meter through a State of Aorida piggyback agreement, contract no.
44102100-17-1.
An Ordinance amending the Land Development Code to support development
of legally nonconfonning lots of record, including amendment to Sections
20-3.5 Dimensional Requirements and 20-4.8 Nonconforming uses
and structures.
An Ordinance amending the City of South Miami Code of Ordinances
Chapter 15A Tltled ·Parklng Meters-by repe aling all of the par\(ing regulation
of Chapter 1SA and substantially updating those parking regulations.
City staff and all Commission members will participate by vid eo conferencing
through the Zoom platform and members of the public may join the
meeting via Zoom at (https:l/zoom.usfLl3056636338) and participate. If you
desire to pre sent evidence or you are unable to use Zoom, there are
procedures to follow and other options available including a dedicated
phone line to listen and participate in the meeting and limited public
attendance . all of which is set forth in the mee ting notice posted at City
Hall and at htlp:/lwww.sou thm iam ifl.gov/580/Public -Meetinos·Notices. Anyone
who wi shes to re view pending application and supporti ng documentation
in person must make an apPOi ntment by calling 305-663-6340.
Please note that Governor DeS an tis 's Executive Order Number 20-69 suspended
the requirements of Sec tion 166.041(4), Fla. Stat., that a quorum to be
present in person . and that a local govern ment body meet at a specific
public place. The ExeCutive Order also allows local government bodies to
utilize communications media technology, such as telephonic and video
conferencing such as Zoom for meetings of local government bod ies.
Note that pursuant to Fl orida Statutes 286.0105, a p ers on who decides to
appeal any decision mad e by a Board , Agency or Commission wi th respect
to any mat ter considered at its meeting or hearing. a record of the proceedings
will b e required for said appeal and such person Vlill be required to have a
verbatim transcript of the proceed ings including the tes ti mony and evidence
upon which the appeal is to be based .
ADA: To request a modification to a policy, practice or procedure or to request
an auxiliary aide or'service in order to parti cipate in a City program, activity or even t,
you must on or before 4:00 p.m. 3 bU sine ss days before the meetin g (not counting
the day of t he meeting) deliver your request t o the City Clerk by telephone:
30 5-66 3-6340 , by mail at 6130 Sunset Drive, South Miami, Florida or em ail
at npayne@southm iamifl.gov.
9/4
Nkenga A. Payne, CMC
City Clerk
20 '58/0000486239M
16