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HomeMy WebLinkAboutOrdinance 2002-150 ORDINANCE NO. 2002- 150 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ESTABLISHING A MONTHLY PARKING PERMIT FEE FOR PARKING METERS LOCATED IN THE CITY; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR THE ISSUANCE OF PERMITS BY THE PUBLIC WORKS DEPARTMENT; PROVIDING FOR THE REVOCATION OF PERMITS; PROVIDING FOR RENEWAL OF PARKING PERMITS; PROVIDING FOR EXCLUSION OF CERTAIN TYPES OF VEHICLES; PROVIDING FOR HOURS OF OPERATION; PROVIDING FOR ENFORCEMENT AND COLLECTION OF FEES; ESTABLISHING AN HOURLY METER RATE; PROVIDING AUTHORITY TO CITY MANAGER TO CHANGE METER RATES BY ORDINANCE; PROVIDING FOR TRANSFER OR REPLACEMENT OF PERMITS; PROVIDING FOR PENALTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission seeks to encourage the use of parking meters located in the City by tourists and visitors; and WHEREAS, the City does not have sufficient on or off-street parking that permits long- term parking; and WHEREAS, the City Commission wishes to accommodate our tourists and visitors in establishing an hourly meter rate and a monthly parking permit fee arrangement which will permit long-term parking; BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Purpose and Intent. The City Commission of the City of Sunny Isles Beach is enacting this Ordinance to alleviate parking problems that are faced by tourists and regular visitors to the City. Section 2. Issuance of Monthly ParkinS! Permits. Upon the applicant's payment of seventy-five dollars ($75.00) parking permit fee, submission of a completed and validated monthly parking permit application, and fulfillment of all applicable provisions of this Ordinance controlling issuance, the Public Works Director or his designee shall issue one (1) parking permit for the vehicle described in the application. The monthly parking permit shall be displayed on the inside bottom left-hand corner of the front windshield ofthe vehicle. Section 3. Revocation of Permits. The City Manager or his designee may revoke a monthly parking permit fee of any person found to be in violation of this Ordinance and, upon written notification thereof, the person shall surrender such permit to the City Manager or his designee. Failure to surrender a revoked monthly parking permit when requested to do so shall constitute a separate violation ofthis Ordinance. Section 4. Renewal of Permits. a. Upon the applicant's payment of seventy-five dollars ($75.00) monthly parking permit renewal fee, verification of the applicant's prior submission ofa completed and validated monthly parking permit application, fulfillment of all applicable provisions of this Ordinance controlling issuance or renewal, on or before the expiration date of the existing residential parking permit, the Public Works Director or his designee shall issue a new monthly parking permit. b. The expiration date to be displayed on the new monthly parking permit shall be one (1) month following the expiration date of the existing monthly parking permit. Section 5. Exclusion of Certain Vehicles. No monthly parking permit shall be issued for vehicles with more than two (2) axles. No monthly parking permit shall be issued for commercial vehicles and overnight camper vehicles. Section 6. Providin2 for Hours of Operation. A permit holder shall have the right to park his or her vehicles during the regular business days, excluding weekends, from 6:00 a.m. to 6:00 p.m. A permit holder shall have the right to park his or her vehicle during the hours of 6:00 p.m. to 6:00 a.m., if the holder has a special nighttime permit from the City. Section 7. Enforcement and Collection of Fees. The Public Works Department and the Police Department shall be responsible for the enforcement of this Ordinance and the collection of fees pursuant to this Ordinance. Section 8. Hourlv Meter Rates. The hourly meter rate for all meters in the City, shall be $1.00 per hour. Section 9. Authority of the City Mana2er. The City Manager shall have the authority to change the hourly meter rate by ordinance, from time-to-time. Section 10. Transfer or Replacement of Permits. a. Upon the holder's payment of twenty-five dollars ($25.00) monthly parking 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 twenty-five dollars ($25.00) monthly parking permit 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 2 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 monthly parking permit shall not affect the permit's original expiration date. Section 11. Penalty. Any person violating any provision of this Ordinance shall be subject to a fine of one hundred dollars ($100.00) for each violation. Section 12. Severability. The provisions ofthis 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, clauses, and phrases of this Ordinance but shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 13. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the City of Sunny Isles Beach Code; that the sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or to other appropriate word. Section 14. Effective Date. This Ordinance shall be effective ten (10) days after adoption on second reading. $+ PASSED and ADOPTED on First Reading the 2l: day of ~~UA(C.,-? , 2002. ,:f." ).""".. ~,J ~"'" '- '. ~.. ,2002. PASSED and ADOPTED on Second Reading this . ," , " . ~ '" l.....j..~ t. oK:' I 1\.. ... if"".; ,1';.; ,/ ~.. ~ ... Al'~snL...i:.?':: '.~ "'> " ~...; J rl' ~ .. :.;~~~~~ "'.Jljchard B*own-~oolla, City Clerk "':'~'1 ,'''. h_' ... .l ~, .. ."" ":~: .' ~,- ,,< APPROV rJ AS TO FORM S FIC NC . ! Motion on second reading by: ?iJa;j~ < ?amsoYV Second on second reading by: ~ilJYU'A'"" r;;M~ 3 VOTE: 5- 0 Mayor David Samson Vice Mayor Danny Iglesias Commission Norman S. Edelcup Commissioner Gerry Goodman Commissioner Lila Kauffinan Parking Fee and Permits Ordinance Legislation/Ordinances/ Attorney/2/21 /02/( eb) 4 (yes) ..; (yes) v" (yes) V (yes)~ (yes) ~ (no) (no)_ (no)_ (no) (no)_