06-10-08 Item 23I ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
3 RELATING TO RESIDENTIAL PARKING; AMENDING THE SOUTH
4 MIAMI CODE OF ORDINANCES BY AMENDING SECTION 15 -99,
5 ENTITLED CONTROLLED PARKING RESIDENTIAL ZONES; TO
6 DESIGNATE THREE ADDITIONAL CONTROLLED PARKING
7 RESIDENTIAL ZONES; PROVIDING FOR SEVERABILITY;
8 ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE.
9 WHEREAS, The City Commission on December 18, 2007 approved Ordinance No. 33 -07-
10 1934 which amended Section 15 -99 of the Code of Ordinances to provide criteria and procedures for
11 determining and regulating controlled parking residential zones.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
WHEREAS, the Parking Board on May 16, 2008 reviewed applications for three controlled
residential parking zones and determined that the three applications meet the criteria established in
Section 15 -99 and establishing the controlled parking residential zones would 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;
BE IT ORDERED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA:
Section 1. The City of South Miami Code of Ordinances is amended to create three
additional controlled parking residential zones as follows:
Sec. 15 -99. Controlled Parking Residential Zones.
(f) Controlled Parking Zone Determination. The Controlled Parking Zone for which the permit
is valid shall be the designated zone in which the permit holder residents. Eight (8) 5)
zones have been created and are as follows:
Red Zone: 5770 -5786 S.W. 74th Terrace. Beginning at 5770 S.W. 74th Terrace,
ending on the side to the rear of 5786 S.W. 58th Ave.
Blue Zone: 7500 -7530 S.W. 58th Avenue. Located at 58th Avenue & 74th Terrace
to the end of 58th Ave where sidewalk ends.
Yellow Zone: 5838 S.W. 74th Terrace. Located on the South Side of 74th Terrace
from 58th Avenue to the end of the property line
Green Zone: 5801 S.W. 74th Terrace. Located on North side of 74th Terrace from
58th Avenue to the beginning of Mayan North's Parking lot.
Orange Zone: 7500 S.W. 591h Avenue. Located from beginning of Shari Gardens
Parking lot to the end of the parking lot; and 7430 S.W. 59th Court & 7540 S.W. 59th Court.
Beginning on 59th Court, both sides of street ending on 59th Court at the end of the parking
lots of Brittany Villa Apartments & Villa Fontana Apartments.
1
2
3
4
6
7
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
Purple Zone: Lee Park Condominium located on the south side of 701h Street between
61" and 62nd Avenue.
Black Zone: 7541 S.W. 61st Avenue, on the east side corner of 61" Avenue.
U111b7
on the
side
Section 2. 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 3. 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.
Section 4. Severability. If any section, subsection, clause, phrase or word of this
chapter, or any provision adopted by reference in this chapter is for any reason held to be
invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the remaining portions of
this chapter.
Section 5. Effective Date. This Ordinance shall take effect immediately upon its
adoption.
PASSED AND ADOPTED this day of , 2008.
ATTEST:
CITY CLERK
1 St Reading —
2nd Reading —
READ AND APPROVED AS TO FORM:
Luis R. Figueredo,
Nagin Gallop Figueredo, P.A.
Office of City Attorney
2
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Palmer:
Commissioner Beckman:
ORDINANCE NO. 33-07-1934
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
RELATING TO RESIDENTIAL PARKING; AMENDING THE SOUTH
MIAMI CODE OF ORDINANCES BY AMENDING SECTION 15 -99,
ENTITLED CONTROLLED PARKING RESIDENTIAL ZONES; TO
DESIGNATE CONTROLLED PARKING RESIDENTIAL ZONES;
PROVIDING ELIGIBILITY AND CRITERIA FOR ESTABLISHING
CONTROLLED PARKING RESIDENTIAL ZONES; PROVIDING
PROCEDURE FOR DETERMINING CONTROLLED PARKING
RESIDENTIAL ZONES; PROVIDING ISSUANCE OF SPECIAL
PARKING PERMITS UPON APPLICATION; PROVIDING PRIVILEGES
AND RESTRICTIONS ON RESIDENTIAL PERMITS AND PROVIDING
PENALTIES; PROVIDING FOR SEVERABILITY; ORDINANCES IN
CONFLICT; AND AN EFFECTIVE DATE.
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'
WHEREAS, the 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;
WHEREAS, 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;
WHEREAS, these regulations are 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;
WHEREAS, to promote efficiency in the maintenance of the streets in clean and safe
conditions; and to promote traffic safety, convenience and welfare of the inhabitants of the City, the
mayor and city commission desire to adopt the process for issuing special parking permits within
designated residential areas.
BE IT ORDERED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA:
Section 1. The City of South Miami Code of Ordinances is amended to create Section 15 -99
entitled "CONTROLLED PARKING RESIDENTIAL ZONES" as follows:
Sec. 15 -99: Controlled Parking Residential Zones.
(a) Whenever in this division the words hereinafter defined are used they shall, unless the
context requires otherwise, be deemed to have the following meanings:
Ord. No. 33 -07 -1934
Commuter vehicle shall mean (a) motor vehicle(s) parking in a residential area by a
person who is not a resident of the designed controlled parking residential zones.
Controlled Residential Parking Zone shall mean the controlled residential parking zone
for which specified residential and visitor's permits are valid shall be the designated zone
in which the decal holder resides.
Controlled Residential Parking Permit shall mean a properly issued and displayed decal
issued by the City that authorizes a specific vehicle to park 24 hours per day -7 days per
week within a specific controlled residential parking zone for which the permit was
issued.
Resident shall mean a person who owns or leases real property within a controlled
parking residential zone and who maintains bona fide occupancy at that address
Visitor Parking Permit shall mean a speeial p,° :gait issued ^d° for the
ef
as — i3urrng– residential – trccr„ —
A properly
issued
and displayed parking_permit that authorizes a commuter vehicle to park within a
specific controlled residential parking zone for which the permit was issued
(b) Signage for and Marking of Controlled Parking Residential Zones The director of the
traffic- engineering department, through his/her authorized representative in the op lice
department, is hereby authorized to designate "Controlled Parking Residential Zone" in
accordance with this Cha tep r Appropriate signs and color markings shall be utilized to
designate those areas where on street' parking of vehicles may be restricted at specific
times during the day; and shall provide on- street parking for vehicles bearing a valid
residential parking decal and/or a valid visitor parking decal issued pursuant to the terms
of this Chapter. All other vehicles shall be precluded from on -street parking within a
designated Controlled Parking Residential Zone The authority to establish these
regulations shall be in addition to any other authority of the Cijy to regulate motor
vehicle parking on public streets.
(c) Eligibility areas for Controlled Parking Residential Permits
(1) Eligibility. Controlled parking residential permits may be issued only to persons
who reside within the permit zone for which the permit is issued, own and/or
have legal control of a motor vehicle; and for those motor vehicles owned by or
under the legal control of the resident. For the purposes of this Chapter
"residence" shall be defined as the street address of the structure in which the
applicant resides as determined by the U.S. Postal Service All other vehicles
shall be precluded from on -street parking within a designated Controlled Parking
Residential Zone.
2. The Proof of Residence. Proof of residence shall be established by-
Ord. No. 33 -07 -1934
(a) Display of a valid driver's license reflecting a current address within the zone for
which the permit is issued; or
(b) Display of a deed or current lease, current rental agreement or utility bill bank
statement, credit card statement or other acceptable document showing residency
within the zone for which the permit is issued.
(c) Ownership of Motor Vehicle. Proof of ownership and/or control of a motor vehicle
may be established by possession of a valid registration in the applicant's name or by
display of a valid registration accompanied by proof that the applicant has legal use
and control of the vehicle.
(d) Application for permits.
(e) Fees.
1. Authorization of the Finance Department. The Finance Department is
hereby authorized to issue permits to qualified residents who reside in a
Controlled Parking Zone and who own or have control of a motor
vehicle.
2. Application Form. Application shall be made on forms provided by the
city clerk which shall include:
a. The name, address, telephone number and license number of the
applicant.
b. Make, model, color and year of the registration of the vehicle for
which the permit is sought.
C. The type of document used to establish eligibility for the license
plate number (and state) of vehicle.
d. A statement immediately above where the applicant is to sign
stating that the applicant has been provided with an oppoMMity_to
examine this Chapter and is familiar with the terms thereof.
e. All applications shall be signed by the applicant and notarized.
1. The annual fee for the residential permit shall be $20.00.
2. Fees and any outstanding penalties levied under this Chapter shall be
collected prior to issuance of the permit. A copy of all permits issued
shall be promptly sent to the city department responsible for enforcement.
Ord. No. 33 -07 -1934
(f) Controlled Parking Zone Determination. The Controlled Parking Zone for which the
permit is valid shall be the designated zone in which the Permit holder residents Five
(5) zones have been created and are as follows:
Red Zone: 5770 -5786 S.W. 74th Terrace Be inning at 5770 S.W. 74th
Terrace, ending on the side to the rear of 5786 S.W. 58th Ave
Blue Zone: 7500 -7530 S.W. 58th Avenue. Located at 58th Avenue & 74th Terrace
to the end of 58th Ave where sidewalk ends.
Yellow Zone: 5838 S.W. 74th Terrace. Located on the South Side of 74th Terrace
from 58th Avenue to the end of the property line
Green Zone: 5801 S.W. 74th Terrace. Located on North side of 74th Terrace from
58th Avenue to the end of the property line
Orange Zone: 7500 S.W. 59th Avenue. Located from beginning of Shari Gardens
Parking lot to the end of the parking lot; and 7430 S.W. 59th Court & 7540 S.W. 59th Court
Beginning on 59th Court both sides of street ending on 59th Court at the end of the parking
lots of Brittany Villa Apartments & Villa Fontana Apartments
(g) Residential Parking Permit description The permit shall contain the foll6wing
information.
The make model color, year, license plate number and registration of the
vehicle;
2. The controlled parking zone for which it is issued; an d
3. The expiration date of the permit.
(h) Visitor's Permits.
1. The City Finance Department is hereby authorized to issue visitor's pennits
which shall be valid for a period of up to one year. The Finance Department
may issue one visitor's permit per residential address
2. The annual fee for visitor permits shall be $40. Any outstanding penalty levied
under this chapter must be paid prior to the issuance of a visitor's permit
3. The visitor permit shall only be issued to an individual who establishes
residency.
(i) Use and Validity of Permits.
1. Display. Permits shall be displayed in the lower left hand inside corner of the
vehicle's front window.
Ord:: No. 33 -07 -1934
2. Validity. Residential permits shall be valid only for the vehicle for which they
are issued, only in the zone designated and only so long as the permit holder
retains the vehicle and resides at the address specified in his or her application
3. Expiration. Permits shall expire one year from the date of issue so long as the
permit holder retains the permit vehicle and resides at the address specified in
his/her permit application.
0) Unlawful Acts. It shall be unlawful for M person to do any of the following:
1. To make any false or misleading statements in application fora permit;
2. To transfer the permit to another person or vehicle•
3. To fraudulently alter a permit in an respect whatsoever;
4. To improperly display the permit or visitor's permit or to violate any terms or
conditions under which the permit or visitor's permit was issued-,
5. Use or place the permit or any other vehicle than that for which the permit is
issued;
6. To use or permit to be used a revoked or suspended permit; or
7. Sell or transfer a visitor's permit to a third party.
(k) Revocation of Permit. If the City fmds that a permit should be revoked for any of
the reasons set forth in this Chapter, a written notice shall be sent by U.S. Mail to
the permit holder at the address contained on the application The notice shall
contain the following information:
1. Advise the permit holder that the permit will be revoked on a specified date
which shall be not fewer than ten (10) days from the date of the letter;
2. Advise the permit holder that unless a written notice of appeal setting forth the
reasons for the appeal is filed with the City Clerk no later than the date set forth
in subsection (a) of this section, the permit will be deemed revoked;
3. Advise the permit holder that if a written notice of appeal is filed within the
required time, the date, time and place of the hearing will be set,
4. The reasons for the revocation.
(1) Schedule of Fines. A fine shall not exceed $250.00 per day for a first violation of
this Chapter and shall not exceed $500.00 per day for a repeat violation Illegally
Ord. No. 33 -07 -1934
parked vehicles shall be fined in the manner presently provided in the Cijy for
illegal parking and their vehicles my be towed and stored at their expenses
(m) Appeal. Upon receipt of the appeal the City Code Enforcement section shall set a
date for hearing before the City's Special Master within thirty (30) days of receipt
of the notice of appeal and notify the appellant of the date time and place of
hearing. The Special Master may affirm or reverse the revocation decision or order
suspension for a specified period
(n) Eligibility and criteria for establishing Controlled Parking Residential Zones is
hereby set forth:
1. A residentially zoned area shall be deemed eligible for designation as a
controlled parking residential zone for residential permit parking if, parking
therein is impacted by commuter vehicles at any time.
2. In determining whether an area identified as impacted and eligible for
residential permit parking shall be designated as a controlled parking
residential zone, the following factors shall be considered.
a. The possibility of a reduction in total vehicle miles driven in the City.
b. The likelihood of alleviating traffic congestion, illegal parking and
related health and safety hazards.
C. The desire and need of the residents for controlled residential permit
parking.
(o) Procedures for establishing Controlled Residential Parking Zones
1.
2.
In order to determine whether a particular area should be designated as a
2
Ord. No. 33 -07 -1934
Section 2. 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 3. 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.
Section 4. Severability. If any section, subsection, clause, phrase or word of this
chapter, or any provision adopted by reference in this chapter is for any reason held to be
invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the remaining portions of
this chapter.
Section 5. Effective Date. This Ordinance shall take effect immediately upon its
adoption.
PASSED AND ADOPTED this 18th day of December, 2007.
ATTEST:
Ty CLERK
1St Reading - 11/06/07
2nd Reading— 12/18/07
F." 19�zs
READ AND APPROVED AS O FORM:
uis R eredo,
gin Gallop Figueredo, P.A.
Office of City Attorney
COMMISSION VOTE: 5 -0
Mayor Feliu:
Yea
Vice Mayor Wiscombe:
Yea
Commissioner Birts:
Yea
Commissioner Palmer:
Yea
Commissioner Beckman:
Yea.
7