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HomeMy WebLinkAboutOrdinance 2025-634ORDINANCE NO. 2025 - 63 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTIONS 256-6 "DEFINITIONS", 256-9 "ISSUANCE AND RENEWAL OF PERMITS; APPLICATION", 256-10 "REVOCATION OF PERMITS", 256-11 "EXCLUSION OF CERTAIN VEHICLES", 256-12 "ENFORCEMENT; COLLECTION OF FEES", 256-15 "TERM OF PERMITS; TRANSFER", OF CHAPTER 256, ARTICLE II OF THE CODE OF ORDINANCES OF THE CITY OF SUNNY ISLES BEACH; 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 an stFeR parking that accommodates our residents, tourists, and visitors and that p ,ides paF!( Pd A„.l„d An street paF!(iRg aFeas. B. Establish and/or improve transit -related infrastructure including on -street parking areas. 1 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 str-ikethfough and deletions on second reading are shown as d @BCL@78153403 Page 1 of 5 § 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 their designee. CODE COMPLIANCE MANAGER — Manager of the City of Sunny Isles Beach Code Compliance Division. SPECIAL MONTHLY PERMIT/4n — A parking permit issued to residents for the parking of commercial and/or recreational vehicles, only within 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. B. Each resident only parking area shall become effective as provided 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 permitsls; application. A. Unless as authorized through a parking agreement for a Temporary Parking Permit No parking permit shall be issued except upon application filed with the D,,.,,,l,,.,. eRt SeFVirses r,,,paFt.......+Code Compliance Manager. 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). @BCL@78153403 Page 2 of 5 174 (2) A car registration and proof of insurance. b. Sunny isles Beael; ResideRt ID GaFdj . Sunny Isles Beach Resident ID Card. B. The applicant for, and holder of, the parking permit shall be the owner or principal operator of the vehicle receiving the parking decal. C. Upon the applicant's payment of the required parking permit 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 parking permit, the City Manager or 2ftheir designee shall issue a new parking permit. G. Renewals. (1) Upon the applicant's payment of the required permit 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 orer-their designee shall issue a new parking permit. (2) All parking permits can be issued on a monthly basis, or up to 12 total months within the current calendar year. (3) Unless as authorized through a parking agreement for a Temporary Parking Permit no parking permits 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 in this section, shall be submitted to the City with the permit application. (4) Until its expiration, surrender, or revocation a parking permit shall remain valid for such time as the holder continues to reside within the City of.Sunny Isles Beach. (5) Parking 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. (6) Parking permit fees shall be paid in full. § 256-10. Revocation of permits{deeals. The Development c,,,vie---,,.. [)*re,.+„~Code Compliance Manager may revoke any parking permit indefinitely if the permit holder is found to be in violation of this article and, upon written notification thereof, the person shall surrender such permit to the Develepment Servs^^c DiFeeteTCode Compliance Manager or Wrtheir designee. Failure to surrender a revoked 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 erCode Compliance Manager. @BCL@78153403 Page 3 of 5 175 § 256-11. Exclusion of certain vehicles. Except in specific areas designated by the City Manager or hi�their designee, no parking permit shall be issued for vehicles with more than two axles, including but not limited to commercial and recreational vehicles. No more than two permits shall be issued peF persen GF per household. § 256-12. Enforcement; collection of fees. A. The Develepment ServiGes ^^partm^^*Code Compliance Manager is hereby authorized and shall be responsible for the collection of fees pursuant to this article. B. The Devel^^ment SeFViees ^^^art^ ^^}Code Compliance Manager and the Sunny Isles Beach 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. § 256-15. Term of permitss; transfer. A. Upon the holder's payment of the required parking permit transfer fee, the submission of a completed and validated residential parking permit application, and surrender of the existing menthly parking permit, the holder shall receive a new residential parking permit to be transferred to another qualifying vehicle. R. 11peR the held.,'' n .,- m eRt of the r Fed thly parking p mit/.J.,e@ v i i C -B. The transfer ^r Feel-,...,..-,! ^t of the parking permitAleca4 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 @BCL@78153403 Page 4 of 5 176 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. PASSED AND ADOPTED on first reading the today of July, 2025. PASSED AND ADOPTED on second reading the 21!rday of August, 2025. ATTEST: MauriciokBetancur, CMC, City Clerk First Reading Motion: Second: Vote on First Reading: Mayor Svechin Vice Mayor Lama Commissioner Joseph Commissioner Stuyvesant Commissioner Viscarra C"SQX� Vote on Second Reading: Mayor Svechin Vice Mayor Lama Commissioner Joseph Commissioner Stuyvesant Commissioner Viscarra Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 11-;�, z 4Z -X-,- -- ain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney Second //Reading -- Motion: /off /55ligh?kk�L�1.�i al r Second: s'' y,117 -- (Yes) (No) ✓ (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) Z(Yes) (No) (Yes) (No) (Yes) —(Yes) � (No) (No) (Yes) (No) @BCL@78153403 Page 5 of 5 177 e PLO s C,rk. OF SVS+ City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Stan Morris, City Manger FROM: Julio Davila, Code Compliance Manager DATE: August 21, 2025 RE: Amending Article 11, Chapter 256 Re: Parking Authority RECOMMENDATION: Staff recommends adoption of this ordinance. REASONS: This ordnance provides an update to the existing ordinance relating to definition changes of the department and requirements for obtaining a parking permit. More specifically, the ordinance changes the definitions related to the development services department which no longer exists. The ordinance also updates that only a City ID will be required as proof of residency when obtaining a City parking permit. ATTACHMENTS: Ordinance Item Number: 8.1) 172