11-06-07 Item 16South Miami
CITY OF SOUTH MIAMI 11111.1
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Yvonne S. McKinley, City Manager
From: W. Ajibola Balogun, REM, CFEA
Assistant City Manager$ —f=
Date:
Subject:
November 7, 2007
Agenda Item No.:
Amendment to Section 15 -99 of the City's Code of Ordinances entitled:
Controlled Parking Residential Zones.
Request: 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
Request: Authorizing Amendment to Section 15 -99 of the City's Code of Ordinances
entitled: Controlled Parking Residential Zones
Reason /Need: The City's Parking Board held several meetings to discuss amendment to
Section 15 -99 of City's Code of Ordinances. After much discussion and
workshop (field trip with staff), the proposed changes to the code
includes: Eligibility for Controlled Parking Residential Permits; Proof of
Residence; Controlled Parking Zone Determination; Visitor's Permits;
Schedule of Fines and Appeal.
Cost: N/A
Funding Source: N/A
Backup Documentation:
❑ Proposed Ordinance
[11 U i Mile AZ
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 RESIDENTLAL PERMITS AND PROVIDING
PENALTIES; PROVIDING FOR SEVERABILITY; ORDINANCES IN
CONFLICT; AND AN EFFECTIVE DATE.
15 WHEREAS, The City Commission hereby finds and declares that it is in the best interest of the
16 residents of the City to reduce vehicular congestion on residential streets and to facilitate the efficient
17 movement of traffic by providing for residential parking preference during certain hours of the day
18 within certain areas meeting the criteria hereinafter set forth'
19 WHEREAS, the residential permit parking regulation is necessary to promote the health, safety
20 and welfare of the residents of the City by providing adequate parking spaces adjacent to or close by
21 their places or residence;
22 WHEREAS, it is in the public interest to reduce hazardous traffic conditions resulting from the
23 use of streets located within congested residential areas for the parking of vehicles by persons using
24 such residential areas to gain access to other places;
25 WHEREAS, these regulations are to protect the residents of those areas from unreasonable
26 burdens in gaining access to their residences; to preserve the character of those areas as residential
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28 WHEREAS, to promote efficiency in the maintenance of the streets in clean and safe
29 conditions; and to promote traffic safety, convenience and welfare of the inhabitants of the City, the
30 mayor and city commission desire to adopt the process for issuing special parking permits within
31 designated residential areas.
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33 BE IT ORDERED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF
34 SOUTH MIAMI, FLORIDA:
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36 Section 1. The City of South Miami Code of Ordinances is amended to create Section 15 -99
37 entitled "CONTROLLED PARKING RESIDENTIAL ZONES as follows:
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39 Sec. 15 -99. Controlled Parking Residential Zones.
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41 (a) Whenever in this division the words hereinafter defined are used they shall, unless the
42 context requires otherwise, be deemed to have the following meanings:
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I Commuter vehicle shall mean (a) motor vehicle(s) parking in a residential area by a
2 person who is not a resident of the designed controlled parking residential zones.
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4 Controlled Residential Parking Zone shall mean the controlled residential parkin
5 for which specified residential and visitor's permits are valid shall be the designated zone
6 in which the decal holder resides.
8 Controlled Residential Parking Permit shall mean a properly issued and displayed decal
9 issued by the City that authorizes a specific vehicle to park within a specific controlled
10 residential parking zone for which the permit was issued.
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12 Resident shall mean a person who rooms or leases real property within a controlled
13 parking residential zone and who maintains either a voting residence or bona fide
14 occupancy, or both, at that address.
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16 Visitor Parking Permit shall mean
17 ,k;r on a street desi nEfte as , ,-esi eafi,, � " A properly
18 issued and displayed parking_permit that authorizes a commuter vehicle to park within a
19 specific controlled residential parking zone for which the permit was issued.
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21 (b) Signage for and Marking of Controlled Parking Residential Zones. The director of the
22 traffic engineering department, through his/her authorized representative in the police
23 department, is hereby authorized to designate "Controlled Parking Residential Zone" in
24 accordance with this Chapter. Appropriate signs and color markings shall be utilized to
25 designate those areas where on street parking of vehicles may be restricted at specific
26 times during the hey; and shall rp ovide on- street parking for vehicles bearing a valid
27 residential parking decal and/or a valid visitor parking decal issued pursuant to the terms
28 of this Chapter. All other vehicles shall be precluded from on- street parking within a
29 designated Controlled Parking Residential Zone. The authority to establish these
30 regulations shall be in addition to any other authority of the Cit t�gulate the times and
31 conditions of motor vehicle parking on public streets.
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33 (c) Eli ig bility areas for Controlled Parking Presidential Permits.
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35 (1) Eligibility. Controlled parking residential permits may be issued only to persons
36 who reside within the permit zone for which the permit is issued; who own and/or
37 have legal control of a motor vehicle; and for those motor vehicles owned by or
38 under the legal control of the resident. For the purposes of this Chapter,
39 "residence" shall be defined as the street address of the structure in which the
40 applicant resides as determined by the U.S. Postal Service. All other vehicles
41 shall be precluded from on- street: parking within a designated Controlled Parking
42 Residential Zone.
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44 2. The Proof of Residence. Proof of residence shall be established bv:
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(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, lease, rental agreement 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 accomnpanied by proof that the applicant has legal use
and control of the vehicle.
(d)
(e)
Application for permits.
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.
The type of document used to establish eli ig bility for the license
plate number (and state) of vehicle.
d. A statement immediately above where the applicant is to sign
stating: that the ap )licant has been provided with an opportunity to
examine this Chapter and is familiar with the terms thereof.
C. All applications shall be signed b thepplicant and notarized.
Fees/Notification to Police Chief.
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.
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(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. 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 be ig nnin of f Mayan North's Parking lot.
Orange Zone: 7500 S.W. 59t' 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 des Lion. The permit shall contain the following
information.
1. The make, model, color, ,yea , license plate number and registration of the
vehicle;
2. The controlled parking zone for which it is issued; and
3. The expiration date of the Lgrnit.
(h) Visitor's Permits.
1. The City Finance Department is hereby authorized to issue visitor's permits
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.
(i) Use and Validity of Permits.
1. Display. Permits shall be displayed in the lower left hand corner of the
vehicle's front window.
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Validity. Residential permits shall be valid only for the vehicle for which they
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are issued, only in the zone designated and only so long as s the permit holder
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retains the vehicle and resides at the address specified in his or her application.
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Expiration. Permits shall ex; one year from the date of issue, so long g_ s the
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permit holder retains the permit vehicle and resides at the address specified in
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his/her permit application.
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(j) Unlawful Acts. It shall be unlawful for M person to do any of the following
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To make any false or misleading statements in application for a permit;
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To transfer the permit to another person or vehicle;
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To fraudulently alter a permit in anti respect whatsoever;
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To improperly display the bernait or visitor's permit or to violate any terms or
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conditions under which the permit or visitor's permit was issued;
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Use or place the permit or any other vehicle than that for which the permit is
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issued;,
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To use or permit to be used a revoked or suspended permit, or
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Sell or transfer a visitor's permit to a third part
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(k) Revocation of Permit. If the City :finds that a permit should be revoked for any of
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the reasons set forth in this Chapter, a written notice shall be sent by U.S. Mail to
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the
permit holder at the address contained on the application. The notice shall
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contain the following information:
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1.
Advise the permit holder that the permit will be revoked on a specified date
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which shall be not fewer than ten (10) dgys from the date of the letter;
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Advise the permit holder that unless a written notice of appeal setting forth the
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reasons for the appeal is filed with the City Clerk no later than the date set forth
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in subsection (a) of this section,, the permit will be deemed revoked;
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Advise the permit holder that if a written notice of apyeal is filed within the
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required time, the date, time and place of the hearing will be set; an d
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The reasons for the revocation.
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(1) Scheduled of Fines. A fine shall not exceed $250.00 per day for a first violation of
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this Chapter and shall not exceed $500.00 per day for a repeat violation. Illegally
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parked vehicles shall be fined in the manner presently_ provided in the Cily 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 Citv'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 tffirm 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 Parkin Zones.
ones.
1. In order to determine whether a particular area should be designated as a
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conducted, if the criteria set forth above are met
C
I Section 2. If any section, sentence, clause or phrase of this ordinance is held to be
2 invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in
3 no way effect the validity of the remaining portions of this ordinance.
4 Section 3. It is the intention of the City Commission that the provisions of this
5 ordinance shall become and be made a part of the South Miami City Code; and that the
6 sections of this ordinance may be renumbered or re- lettered and the word "ordinance" may be
7 changed to "section ", "article" or such other appropriate word or phrase in order to accomplish
8 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
ATTEST:
day of , 2007.
CITY CLERK MAYOR
1St Reading —
2 °d Reading —
COMMISSION VOTE:
READ AND APPROVED AS TO FORM: Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Birts:
Luis R. Figueredo, Commissioner Palmer:
Nagin Gallop Figueredo, P.A. Commissioner Beckman:
Office of City Attorney
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