HomeMy WebLinkAboutOrdinance 2024-614ORDINANCE NO. 2024 -
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, AMENDING SECTIONS 256-4 "PURPOSE", 256-6 "DEFINITIONS", 256-9
"ISSUANCE AND RENEWAL OF PERMITS/DECALS; APPLICATION", 256-10 "REVOCATION
OF PERMITS/DECALS", 256-11 "EXCLUSION OF CERTAIN VEHICLES", 256-14 "PARKING
RATES & FEES", 256-15 "AUTHORITY OF CITY MANAGER", AND 256-16 "TERM OF
PERMITS/DECALS; TRANSFER", OF CHAPTER 256, ARTICLE II OF THE CODE OF
ORDINANCES OF THE CITY OF SUNNY ISLES BEACH; REPEALING SECTION 256-12
"HOURS PERMITS ARE VALID", OF THE CODE OF ORDINANCES OF THE CITY OF SUNNY
ISLES BEACH ENTITLED "PARKING AUTHORITY"; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEALER; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, upon direction of the City Manager of the City of Sunny Isles Beach (the
"City"), City staff conducted a thorough review of Chapter 256, Article II of the City's Code of
Ordinances ("Parking Authority Section"); and
WHEREAS, upon review of the Parking Authority Section, City staff has determined that
several discrepancies need to be resolved; and
WHEREAS, the City Commission finds that it is in the best interest of its residents,
visitors, and stakeholders to amend the Parking Authority Section of the City's Code of
Ordinances.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS':
Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified
and confirmed as being true and correct and are hereby made a specific part by this Ordinance
upon adoption hereof.
Section 2. Amendments. Chapter 256, Article II of the City's Code is amended to read as
follows:
§ 256-5. Purpose.
The purpose of this article is to:
A. Create pedestrian friendly mai parking that accommodates our residents,
tourists, and visitors and that Ia ,ides paF!( and- R edde,d en s+, pee+ pa (inn
areas.
' Additions to existing text are shown by underline, changes to existing text on second reading are shown by double
underline, deletions on first reading are shown as s*^'��� and deletions on second reading are shown as d
stf-i.
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B. Establish and/or improve transit -related infrastructure including on -street parking
areas.
p its/der=.,i
§ 256-6. Definitions.
The definitions as related to this article in as far as they consider traffic and motor vehicles, the
Miami -Dade County Traffic Code, and Florida State Uniform Traffic Control shall be interpreted
as described in the applicable state, county, and local laws. The following words and definitions
are supplemental and in addition to the above -referenced state, county, and local laws and
shall have the meanings respectively ascribed to them in this section, except where the context
clearly indicates a different meaning:
CITY MANAGER — The City Manager of the City of Sunny Isles Beach or his designee.
DEVELOPMENT SERVICES DIRECTOR — The Development Services Director of the City of Sunny-
Isles
unnyIsles Beach or his designee.
011171 W-111
RESIDENT ONLY PARKING PERMIT/n — The official permit issued in the fer.m. of a dec=al to
an a resident after the payment of the appropriate fees and completion of the
required permit application. The permit holder shall be entitled to utilize the permit/deals only
for the purposes indicated thereon.
RESIDENTIAL PARKING PERMIT AREAS — A Designated Fesidential diStriet parking areas where
aR Stem parking is allowed by issuance of a parking permit{lee,4 that is so delineated through
striping and{ official signage feF sperzifiG time peFieds as may be th^r^^r
SPECIAL MONTHLY PERMIT/DECAL — A parking permit issued to residents for the parking of
commercial and/or recreational vehicles, only within designated areas Rightti,• a p.,r!iR„ peFTit
payment ef the FeqUiFed fees, specifireally at Righttime (6!QQ p.m. to 6;99 a.m.).
TEMPORARY PARKING PERMIT - A non-resident monthly or VearlV parking permit approved by
the city manager's office or their designee through an application process and /or agreement
that authorizes on street or off-street parking in designated areas.
§ 256-8. Resident only parking areas.
A. All resident only parking areas shall be so designated as provided herein and
thereafter through administrative regulation(s) issued by the City Manager.
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B. Each resident only parking area shall become effective as provide by law.
C. All resident only parking areas shall be so posted and clearly delineated in
accordance with the Florida State Manual on Uniform Traffic Control.
D. Resident only permits/decals do not permit free parking in metered areas or parking
on private property.
§ 256-9. Issuance and renewal of permits/decals; application.
A. Unless as authorized through a parkine agreement for a Temoorary Parkine Permit
kno parking permit shall be issued except upon written application filed with the
Development Services Department. Such application shall be filed on forms
prescribed by the City and shall include:
(1) A valid_ government identification (driver's license, identification card,
passport). The IiGeRse plate number and registFatiem mumher of the .,ehi�le
(2) A car_ registration and proof of insurance. The yeaF, make, medel, and ,.eler of
the registered wehi,.l„
(3) The R me and ad -dress of the registered- . ehi. le ev.oper. Proof of residency (one
of the following):
a. Current deed or lease;
b. Sunny Isles Beach Resident ID Card;
c. Utility bill from within the last three (3) months (electric, cable, or phone (not
mobile) etc.) with your name and Sunny Isles Beach address.
B. The applicant for, and holder of, the parking permit shall be the owner or principal
operator of the vehicle receiving the parking decal.
G. Monthly daytime paFl(iRg peFmits/deeals in nommete—red aFeas (6-90 a.FR. to 6:00
p.m./no weeker„Ir►.
{�}C. Upon the applicant's payment of the required monthly parking permit/-.� renewal
fee, verification of the applicant's prior submission of a completed and validated
fly parking permit application and fulfillment of all applicable provisions of this
article controlling issuance or renewal, on or before the expiration date of the
monthly parking permit, the City Manager or his/her designee shall issue a new
menthly parking permit.
4)q. The expiration date of the menthly parking permits -4 shall be 30 days following
the date of issuance of the monthly parking permit.
04E. Monthly-pParking permits are nonrefundable and nontransferable, except that
permits can be transferred to another vehicle owned by the permit holder, upon the
filing of a transfer an application by permittee to the City as provided in this section.
TI'I'e ap'p4ic:atie shall he subject t„ a transfer fee of $10.00.
(4}F. Menthly p arking permits fees shall be paid in full.
6-
a.m./weekend-r-, innluded)
applicant's
on
-and validated- M.A—nthly parking permit applir=atieR com
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(2) The expiratie-A date ef the menthly paFkiRg peFFRit/derzal shall -he -30- days fellewipig
the d--++^ ^f err---nr^ i.f the m^.,thly paF!(iRg permit.
(4) McRthly paFI(iRg permits f^^c shall be paid in fi ill
G. ,
weekeRds)e Renewals.
(1) Upon the applicant's payment of the required FesideRt enly permit a4 renewal
fee, verification of the applicant's prior submission of a completed and validated
parking permit application and fulfillment of all applicable provisions of this article
controlling issuance or renewal, on or before the expiration date of the existing
parking permit, the City Manager or his/her designee shall issue a new Fesi.d^„t only
parking permitideea4.
(2) All resident enly parking permits/'^^ s -shall can be issued on a monthly basis, or up
to 12 total months within the current calendar year. h^ irr„^,- based ^^ the firr-,l
r,f+he fell.,...,.,.. 1 .r
(3) Unless as authorized through a parking agreement for a Temporary Parking Permit
kno rnr dPmt-„.,l„ parking permits/decals shall be issued to a vehicle whose owner
or principal operator does not reside within the City of Sunny Isles Beach. Proof of
residency, as defined indiGate d by ,-river's li,.^„s^ ^ „tile+„ hill in this section, shall
be submitted to the City with the permit application.
(4) Until its expiration, surrender, or revocation a r^rid^^t npk parking permit a4
shall remain valid for such time as the holder continues to reside within the City of
Sunny Isles Beach.
(5) ^r r,,, ,' resid- pParking permits are nonrefundable and nontransferable, except
that permits can be transferred to another vehicle owned by the permit holder upon
the filing of a transfer application by the permittee to the City as provided in this
section. The -application r` shall be subject to a transfer fee of $10.00.
(6) ^,,.,,,.,I re -side ~,parking permit fees shall be paid in full.
:H. All "mss physically issued permits/desais shall be displayed on, and visible and
readable aR from, the inside bett„m left-hand ^r^„r .,f the front windshield of the
vehicle at all times.
49-1. A parking permitaf shall not guarantee or reserve a parking space, nor does a
parking permita4 authorize the stopping, standing or parking of any vehicle in
such places and during such times where such stopping, standing or parking is
prohibited. Notwithstanding anything in this chapter, the City Manager or designee
may prohibit parking in designated areas for the following purposes which include,
but are not limited to, cleaning the streets, fire and police emergencies, hurricane
evacuations, and for any other municipal purposes. Any parking restriction shall be
noted on the application for a paFkiRg .decal and- the .d^^^' permit.
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H -J. It shall be a violation of this article for any person to duplicate/counterfeit, or
attempt to duplicate/counterfeit, by any means, a parking permit authorized herein.
It shall be considered a separate violation for any person to display on any vehicle
such a duplicate/counterfeit parking permit/-ee .
§ 256-10. Revocation of permitss.
The Development Services Director may revoke any parking permit indefinitely 741E if the
permit 9 holder is found to be in violation of this article and, upon written notification
thereof, the person shall surrender such permit to the Development Services Director or his
designee. Failure to surrender a revoked Fnemhly parking permit when requested to do so shall
constitute a separate violation of this article. An applicant who has had their permit revoked
may not re -apply unless approved by the Director.
§ 256-11. Exclusion of certain vehicles.
Except in specific areas designated by the City Manager or his/her designee, ono
parking permit shall be issued for vehicles with more than two axles..-, including
but not limited to
„+h -.r +,.,,, awles and commercial and eveFnight GaFApeF vehie " recreational vehicles.;
No more than two
permits shall be issued per person or per household.
§ 256-U12. Enforcement; collection of fees.
A. The Development Services Department is hereby authorized and shall be responsible
for the collection of fees pursuant to this article.
B. The Development Services Department and the Sunny Isles Police Department are
responsible for and have the authority to enforce this article.
C. The use of trained parking enforcement specialists is hereby authorized pursuant to and
in accordance with Florida State Statute § 316.640.
D. The provisions of this article are enforceable 24 hours a day, seven days a week.
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TMIM
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§ 256-U12. Enforcement; collection of fees.
A. The Development Services Department is hereby authorized and shall be responsible
for the collection of fees pursuant to this article.
B. The Development Services Department and the Sunny Isles Police Department are
responsible for and have the authority to enforce this article.
C. The use of trained parking enforcement specialists is hereby authorized pursuant to and
in accordance with Florida State Statute § 316.640.
D. The provisions of this article are enforceable 24 hours a day, seven days a week.
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§ 256-41413. Parking rates & fees.
$=99.00 n sparce fer up to 12 hewFs and a denesit of $990.90 is reed All parking
meter rates and parking permit fees shall be set by resolution of the City Commission,
as amended from time to time.
go The paFking FneteF rates; fer the PaFk*Rg lets at the Wer PaF!(, undeF the William
fearrvi I Rwr, -NA.A_Rday and teffninate at 14!59 p.m. 9R the FFiday that immediately .
(1) Rate ef $3.90 peF heuF f9F paFking at Pier Park and $2.00 peF heuF f9F paF!(iRg uRdef
let, with a P_f. IQ he -Mrs. I.A.4eekdays shall begiR at 12!00 MidAight
.
(2) Flat Fate of $10.09 peF day 9R 4.yP_P_kP_Rd__r, -;;Rd City ebserved holidays, with a
m;;x*m- -m nf 1:1 hp, -r,; Wppkepds shall begiR at 11--.99 p.m. eR FFiday and P -Rd at
!1'59 n n SWRday fer a 44 be -,r n esl
■
§ 256-4414. Authority of City Manager.
The City Commission hereby authorizes the City Manager to do all things necessary to
effectuate the terms of this article. The City Manager shall also have the authority to:
A. GhaRge the hew Fly meter rate by Fesel utien from F.
me
. , time to ti
R Change neF mit/r eGal fens by reselutien from time to time
QA. Post or cause to be posted parking regulation signs throughout the City as is
necessary, in accordance with the Florida State Manual on Uniform Traffic Control.
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4),B. Designate, by administrative regulation, parking and no -parking areas throughout the
City from time to time.
&C. Impose a reasonable limit of time in all parking and/or no -parking areas as to when
parking will be allowed or prohibited.
D. Suspend parking enforcement in designated areas in emergency circumstances or as
may be necessary from time to time.
§ 256-1415. Term of permits/desais; transfer.
A. Upon the holder's payment of the required parking permitMesa� transfer fee, the
submission of a completed and validated residential parking permit application, and
surrender of the existing monthly parking permit, the holder shall receive a new
residential parking permit to be transferred to another qualifying vehicle.
B. Upon the holder's payment of the required FneRthly parking permitj-c�
replacement fee, verification of the holder's prior submission of a completed and
validated monthly parking permit application, renewal or transfer of monthly parking
permits, and affirmation that the holder's permit was lost, stolen, or destroyed, the
holder shall receive a new monthly parking permit. The lost, stolen or destroyed
permit shall be considered void, and any use of a voided permit is prohibited.
C. The transfer or replacement of the parking permit/decal shall not affect the permit's
original expiration date.
Section 3. Severability. The provisions of this Ordinance are declared to be severable and if
any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be
invalid or unconstitutional, such decision shall not affect the validity of the remaining sections,
sentences, clause, and phrases of this Ordinance but they shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. It is the intention of the Commission, and it is hereby
ordained, that the provisions of this Ordinance shall become and be made a part of the code of
the City of Sunny Isles Beach, Florida; and that the sections of this Ordinance may be
renumbered or relettered to accomplish such intentions; and that the word "ordinance" shall be
changed to "section" or other appropriate word, as required.
Section 5. Repealer. All ordinances or part of ordinances in conflict herewith be and the
same are hereby repealed.
Section 6. Effective Date. This Ordinance shall be effective ten (10) days after adoption on
second reading.
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PASSED AND ADOPTED on first reading the L&iay of May, 2024.
PASSED AND ADOPTED on second eadi g the � ay of June, 2024.
t, Larisa Svechin, Mayor
ATTES ,
Mauricio
First Reading
Motion: /?f,
I
ur, qMC, City Clerk
d0A-6-61&.aa ..1t&A
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
a.,--
" � Win AEBoileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
Second Readin
t
Second:
�. ✓ . ter.._ _ _ . �
Vote on First Reading:
Mayor Svechin
/
✓
(Yes)
(No)
Vice Mayor Lama
(Yes)
(No)
Commissioner Joseph
Commissioner Stuyvesant
(Yes)
(No)
(Yes)
(No)
Commissioner Viscarra
V7- (Yes)
(No)
Vote on Second Reading:
/
Mayor Svechin
./ Yes)
(No)
Vice Mayor Lama
�/ (Yes)
(No)
Commissioner Joseph
(Yes)
(No)
Commissioner Stuyvesant
(Yes)
(No)
Commissioner Viscarra
(Yes)
(No)
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TO:
VIA:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
Honorable Mayor and City Commissioners
Stan Morris, City Manager
Julio Davila, Code Compliance Manager
June 20, 2024
Amending Article 11, Chapter 256 Re: Parking Authority
RECOMMENDATION:
Staff recommends adoption of this ordinance.
REASONS:
This ordinance is being presented to resolve discrepancies between the existing ordinance and the City's
processes, regulations, and enforcement with respect to parking in city lots, garages, and other public
parking areas. As the City has evolved, the the parking permit process has adjusted to fit the needs of
the community. The existing code for parking currently reflects antiquated definitions and regulations
that no longer match the needs of residents, patrons, and visitors.
Thus, several conflicting provisions exist within the ordinance itself. The following items provide an
explanation of these conflicts and the proposed changes to reconcile them.
CONFLICT:
The parking code has definitions that reflect permits issued for a specific time of day, but the current
parking permits issued allow 24 hour parking for the residents.
PROPOSED CHANGE:
Amend parking permit definitions to closely reflect the ones being issued by the City. Remove code
sections that limit permits to specific times.
CONFLICT.
The code reference decals, but placards is what is currently issued, and digital permits will be
implemented in the near future.
Item Number: 9.A
64
PROPOSED CHANGE:
Remove all mentions of decals in the code.
CONFLICT.
The code references on -street parking only, though some permits are issued for off-street lots.
PROPOSED CHANGE:
Amend the code so that it also allows off-street parking with the applicable permit issued.
CONFLICT.
The city currently offers parking of commercial and recreational vehicles for resident convenience, but
the code currently does not define this type of permit and provides restrictions depending on how many
axles a vehicle has.
PROPOSED CHANGE:
Define a Special Monthly Permit for those types of vehicles, and remove the restriction on axles to allow
more flexibility.
CONFLICT.
Temporary parking permits are currently issued to residents, contractors, vendors, and other individuals
in the city, but the code does not have a defined permit for this.
PROPOSED CHANGE:
Create Temporary Parking Permit definition and reference it in all applicable sections that apply.
CONFLICT.
The city's parking permit process requires documents to verify residency, but it is not currently delineated
in the code.
PROPOSED CHANGE:
Insert verbiage that requires that these documents are provided as part of the permit issuance provisions
of the code.
CONFLICT.
Currently, the city code authorizes staff to revoke a parking permit, but does not provide discretion for
permanent revocation for extreme circumstances.
PROPOSED CHANGE:
Provide authority and discretion so that a permit can be revoked indefinitely in situations where it may be
needed.
CONFLICT.
The rates and fees for parking meters and some permits fees are currently set in the code, while at the
same time granting the City Manager with authority to change them by resolution. The code should not
have rates if it they are to be set by resolution. Research with neighboring municipalities Miami Beach,
Surfside, Hallandale, and Hollywood reveal that municipal practice is to have these rates and fees set by
resolution.
Item Number: 9.A
65
PROPOSED CHANGE:
Repeal code sections with respect to rates and fees. Insert verbiage to clarify that the rates can be set
and changed by resolution of the City Commission.
ADDITIONAL INFORMATION:
Rate increase resolution forthcoming upon adoption of this ordinance.
ATTACHMENTS:
Ordinance
Item Number: 9.A
66