HomeMy WebLinkAboutOrdinance 2003-177
ORDINANCE NO, 2003- J 17
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, REPEALING ORDINANCE
NUMBER 2002-150 CREATING A NEW ORDINANCE ENTITLED
"PARKING AUTHORITY" ESTABLISHING PARKING AND NO
PARKING AREAS WITHIN THE CITY; PROVIDING FOR A PURPOSE;
PROVIDING FOR DEFINITIONS; PROVIDING FOR THE
DESIGNATION OF THE PARKING AND NO-PARKING AREAS
WITHIN THE PUBLIC RIGHTS OF WAY; PROVIDING FOR
RESIDENT ONLY PARKING AREAS; PROVIDING FOR PERMIT
PARKING THROUGH THE ISSUANCE OF DECALS BY THE CODE
ENFORCEMENT AND LICENSING DEPARTMENT; PROVIDING
FOR PERMIT/DECAL FEES FOR METERED AND NON-METERED
PARKING; PROVIDING FOR THE REVOCATION OF
PERMITS/DECALS; PROVIDING FOR RENEWAL OF PARKING
PERMITS/DECALS; 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 FOR
TERM, TRANSFER OR REPLACEMENT OF PERMITS/DECALS;
PROVIDING FOR THE AUTHORITY OF THE CITY MANAGER TO
DESIGNATE PARKING AND NO PARKING ZONES; PROVIDING FOR
PENALTY FOR VIOLATIONS; PROVIDING FOR EXEMPTIONS;
PROVIDING FOR SEVERABIUTY; PROVIDING FOR INCLUSION IN
CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission and the Office of the City Manager wish to create
pedestrian friendly on-street parking that accommodates our residents, and provides park access for
all residents regardless of where they live through the improvement of transit-related infrastructure
including traffic signs, traffic engineering, pavement markings, and associated sidewalk, swale, and
pavement improvements; and
WHEREAS, the City Commission also wishes to accommodate our tourists and visitors by
establishing and! or improving transit-related infrastructure including on-street parking areas and
establishing an hourly meter rate and a monthly parking permit fee arrangement which will permit
long-term parking;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1-1. Ordinance number 2002-150 is hereby repealed.
Section 1-2, This Ordinance shall be entided "Parking Authority".
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Section 1-3. Purpose of Regulation:
(1) To create pedestrian friendly on-street parking that accommodates our residents, tourists, and
visitors and that provides park access and needed on-street parking areas.
(2) To establish and/or improve transit-related infrastructure including on-street parking areas.
(3) To establish hourly meter rates and a monthly parking permit fees, and resident only
permits/ decals.
Section 1-4. Definitions: The definitions as related to this ordinance 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:
(1) City Manager shall mean the City Manager of the City of Sunny Isles Beach or his designee.
(2) Code Enforcement and Licensing Director shall mean the Code Enforcement and
licensing Director of the City of Sunny Isles Beach or his designee.
(3) Monthly Permit/Decal shall mean a daytime parking permit issued to the general public
allowing parking at metered parking areas for a monthly basis after payment of the required
fees, specifically at daytime (6:00 AM to 6:00 PM). .
(4) Resident Only Parking Permit/Decal shall mean the official permit issued in the form of a
decal to an applicant after the payment of the appropriate fees and completion of the required
permit application. The permit holder shall be entided to utilize the permit/decals only for
the purposes indicated thereon.
(5) Residential Parking Permit Area means a residential district where on-street parking is
allowed by issuance of a parking permit/ decal that is so delineated through striping and
official signage for specific time periods as may be thereon.
(6) Special Monthly Permit/Decal shall mean a nighttime parking permit issued to the general
public allowing parking at metered parking areas for a monthly basis, after payment of the
required fees, specifically at nighttime (6:00 PM to 6:00 AM.)
Section 1-5. Designation of Parking and No-Parking Areas:
a. When Parking is prohibited or restricted by this chapter and/or by officially
posted signage, it shall be unlawful for any person to park a vehicle, whether
occupied or not, in that designated area as specified. When Stopping or Standing
is prohibited by this chapter and/or by officially posted signage as described
herein: no parking, stopping or standing shall be allowed in that designated area
as specified for any length of time.
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b. Parking and no-parking areas within the City shall be so designated as provided
herein and thereafter in through Administrative Regulation(s) issued by the City
Manager.
c. Parking regulations for all City owned and maintained streets and/or rights-of-
way are hereby established as follows, unless waived or change in writing by the
City Manager:
Road Way Side Location
ATLANTIC AVENUE Both sides; No Parking From Collins Avenue West, to City
Limit.
ATLANTIC BLVD Both Sides; No Parking From 191Terrace South, to 185
unless posted otherwise. Terrace. From 183 Street South to
Nighttime parking in 178 Street no parking on west side;
designated areas. metered parking on east side
including special nighttime permits.
From 178 Street South to 175
Terrace; No Parking both sides,
BAYVIEW DR (N.E. 158 ST) Both Sides; No Parking From Collins Avenue WestlNW, to
Arlen House Development eastern
most property line,
CHURCH ST North side; Resident From 178 Drive, SE to 177 Drive.
Only Parking
South side; Disabled
Parking Only
COLLINS AVENUE Both Sides; No Parking From the Northern most City Limit
as established by Law to the Southern most City Limit.
KINGS POINT DRIVE (N.E. 159TH ST) Both Sides; No Parking From Collins Avenue West, to
Coastal towers Development
eastern most property line.
N.E. 172nd STREET Both Sides; No Parking From Collins Avenue West, to
North Bay Road.
N.E. 174th STREET Both Sides; No Parking From Collins Avenue WestlSW, to
North Bay Road then West to
eastern most property lines of the
Winston Towers Development.
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N.E. 175th TER Both Sides; No Parking From Collins Avenue West, to
Atlantic Blvd
North side Resident From Atlantic Blvd SW, to Church
N.E. 177th DRIVE Only Parking Street.
South side No Parking
North Side; No Parking
South side; No Parking up From 178 Street SW, to North Bay
to Church Street then:
N.E. 178th DRIVE Resident Only Parking Road.
between Church Street and
North Bay Road
N,E. 178th STREET Both Sides No Parking From Collins Avenue West, to
North Bay Road,
N.E. 179th DRIVE
Both Sides; No Parking From North Bay Road, SE to
Atlantic Blvd.
N.E. 180th DRIVE North side; Resident From North Bay Road, SE to
Only Parking: Atlantic Blvd.
South side; No Parking
N.E. 181st DRIVE North side; No Parking From North Bay Road, SE to
South side Resident Atlantic Blvd.
Only Parking
N.E. 182nd DRIVE Both Sides; No Parking From North Bay Road, SE to
Atlantic Blvd.
N.E. 183rd STREET Both Sides No Parking: From Collins Avenue West, to
Stopping or Standing North Bay Road.
allowed in designated
area
N,E. 185th ST Both Sides; No Parking From Collins Avenue West, to
North Bay Road.
N.E. 186th STREET Both Sides; No Parking From Collins Avenue West, to
North Bay Road.
N.E. 187th STREET Both Sides; No Parking From Atlantic Blvd West, to North
Bay Road,
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N,E. 188th STREET Both Sides; No Parking From Atlantic Blvd West, to North Bay
Road.
N.E. 189th STREET Both Sides; No Parking From Collins Avenue West, to North
Bay Road.
N.E. 189th TERRACE Both Sides; No Parking From Atlantic Blvd West, to North Bay
Road,
N,E. 190th STREET Both Sides; No Parking From Atlantic Blvd West, to North Bay
Road,
N.E. 191st STREET Both Sides; No Parking From Collins Avenue West, to North
Bay Road.
N,E. 191st TERRACE Both Sides; No Parking From Atlantic Blvd West, to North Bay
Road.
N, E. 192 st Beach Access Metered and Disabled From Collins Avenue East, to City
Parking as Designated Limits
NORTH BAY RD Both Sides; No Parking: From 191 Terrace South/SE, to 185
Metered, Permit, and Street; 183 Street South/SW to 174
Disabled Parking in Street; From174 Street South to
designated areas. Intercoastal Waterway Metered,
Permit, and Disabled Parking as
designated; From172 Street South/SE
to Sunny Isles Blvd.
SUNNY ISLES OCEAN BEACH BLVD - Both Sides; No Parking From Collins Avenue West, to City
(west bound) Limit.
SUNNY ISLES OCEAN BEACH BL VD- Both Sides; No Parking From City Limit East, to Collins
(east bound) Avenue
WILLIAM LEHMAN CAUSEWAY East Lot; Metered Underneath William Lehman
PARKING AREAS Parking; No Nighttime. Causeway East and West Lots,
West Lot; Metered
Parking; nighttime
perm itted.
TERRACINA AVE Both Sides; No Parking From Collins Avenue, West to City
Limit.
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Section 1-6. Designation of 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 provide by law.
c. All Resident Only Parking areas shall be so posted and clearly delineated ill
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.
Section 1-7. Issuance and Renewal ofPennits/Decals: Application,
(1) No parking permit shall be issued except upon written application filed with the Code
Enforcement and Licensing Department. Such application shall be filed on forms prescribed
by the City and shall include:
a. The license plate number and registration number of the vehicle.
b. The year, make, model, and color of the registered vehicle.
c. The name and address of the registered vehicle owner.
(2) The applicant for, and holder of, the parking permit shall be the owner or principle operator
of the vehicle receiving the parking decal.
(3) Monthly Parking Permits/Decals:
a. Upon the applicant's payment of the required monthly parking permit/decal renewal
fee, verification of the applicant's prior submission of a 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 Code Enforcement and Licensing Director or
his designee shall issue a new monthly parking permit. The above referenced process
also applied to special nighttime permits/decals.
b. The expiration date to be displayed on the new monthly parking permit/decal shall
be one (1) month following the expiration date of the existing monthly parking
permit.
(4) Annual Resident Only Permits/Decals:
a. Upon the applicant's payment of the required resident only permit/decal renewal
fee, verification of the applicant's prior submission of a completed and validated
parking permit application, fulfillment of all applicable provisions of this Ordinance
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controlling issuance or renewal, on or before the expiration date of the existing
parking permit, the Code Enforcement and Licensing Director or his designee shall
issue a new resident only parking permit/ decal.
b. All resident only parking permits/decals shall be issued based on the fiscal year.
Renewable on or before October 1 st of each year and expiring On September 30th of
the following year.
c. No resident only parking permits/decals shall be issued to a vehicle whose owner or
principal operator does not reside within the City of sunny Isles Beach.
d. Until its expiration, surrender, or revocation a resident only parking permit/decal
shall remain valid for such time as the holder continues to reside within the City of
Sunny Isles Beach.
(5) All parking permits/decals shall be displayed on the inside bottom left-hand comer of the
front windshield of the vehicle.
(6) A parking permit/decal shall not guarantee or reserve a parking space nor does a parking
permit/ decal authorize the stopping, standing or parking of any vehicle in such places and
during such times where such stopping, standing or parking is prohibited.
(7) It shall be a violation of this Ordinance 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/ decal.
Section 1-8. Revocation of Permits/Decals. The Code Enforcement and Licensing Director
may revoke any parking permit/decal if the permit/decal holder is found to be in violation of this
Ordinance and, upon written notification thereof, the person shall surrender such permit to the
Code Enforcement and Licensing Director or his designee. Failure to surrender a revoked monthly
parking permit when requested to do so shall constitute a separate violation of this Ordinance.
Section 1-9, 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.
Sectionl-l0. Hours of Operation.
a. A monthly permit/decal holder shall have the right to park their vehicle(s) during the
regular business days, excluding weekends, from 6:00 AM. to 6:00 PM.
b. An annual Resident Only Parking Permit/Decal holder shall have the right to park
their vehicle(s) within designated Resident Only Parking Areas from 6:00 AM to 6:00
PM unless otherwise posted on official signage. If the official signage extends or
reduces the permissible hours the permit/decal holder shall abide by the posted
hours.
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c. Overnight/ nighttime parking is strictly prohibited ill all Resident Only Parking
Areas.
d. Nighttime parking is permitted with a special nighttime permit/decal from 6:00PM
to 6:00 AM in designated areas.
Section 1-11. Enforcement and Collection of Fees.
a. The Code Enforcement and Licensing Department is hereby authorized and shall be
responsible for the collection of fees pursuant to this Ordinance.
b. The Code Enforcement and Licensing Department and the Sunny Isles Police
Department are responsible for and have the authority to enforce this ordinance.
c. The use of trained "Parking Enforcement Specialists" is hereby authorized pursuant
to and in accordance with Florida State Statute chapter 316.640.
d. The provisions of this ordinance are enforceable twenty-four (24) hours a day seven
(7) days a week.
Section 1-12. Permit/Decal Fees And Hourly Meter Rates.
a. The hourly meter rate for all meters in the City shall be $1.00 per hour.
b. The monthly rate for monthly permits/decals shall be seventy-five ($ 75.00) dollars
per vehicle per month.
c. The annual rate for Resident Only Parking Permits/Decals shall be fifty ($50.00)
dollars per resident vehicle per year.
d. The transfer fee shall be twenty-five ($25.00) dollars.
Section 1-13. Authority of the City Manager. The City Commission hereby authorizes The City
Manager to do all things necessary to effectuate the terms of this ordinance. The City Manager shall
also have the authority to:
a. Change the hourly meter rate by resolution, from time-to-time.
b. Change Permit/Decal Fees by resolution from time to time.
c. 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.
d. Designate, by Administrative Regulation, parking and no-parking areas throughout
the City from time to time.
e. Impose a reasonable limit of time in all parking and/or no-parking areas as to when
parking will be allowed or prohibited.
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f. Suspend parking enforcement in designated areas in emergency circumstances or as
may be necessary from time to time.
Section 1-14. Term and Transfer of Permits/Decals.
a. Upon the holder's payment of the required parking permit/decal 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 the required monthly parking permit/decal 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.
g. All resident only parking permits/decals shall be issued based on the fiscal year:
Renewable on or before October 1 sl of each year and expiring On September 30th of
the following year.
Section 1-15. Penalty.
a. The regulations herein are created in supplementation of and in addition to Chapter
30 of the Maim-Dade County Code (entided ''Dade County Traffic Code) as
adopted, and Florida State Statute Chapter 316 (entided "State Uniform Traffic
Control"). The penalties as enumerated therein shall remain in full force and effect.
b. A general penalty in the amount of $ 150.00 for each violation shall apply to all
violations of this ordinance not specifically enumerated in Chapter 30 as adopted.
The provisions of the City Code Enforcement Ordinance shall govern any such
violations.
Section 1-16. Exemptions. Any motor vehicle which is qualified to park in a specially marked
parking space designated for the physically disabled with a current disabled parking permit shall be
permitted to park in any public parking space within the City without incurring a fee. The maximum
time allowed for such parking shall be four (4) consecutive hours.
Section 1-17. 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,
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.
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Section 1-18. 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-Iettered to
accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or to
other appropriate word.
Section 1-19. Effective Date. This Ordinance shall be effective ten (10) days after adoption on
second reading.
" '
,..~.~T,~ ..... ::. '.~ "
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J an(j Hines, Acting City Clerk
PASSED and ADOPTED on First Reading this 17th day of July, 2003.
PASSED and ADOPTED on Second Reading this J ~~;'y of
,r "
l /
- 1./
t/vlt
David Samsdn, Mayor
,2003.
..
APPROVED AS TO FORM
AND-LEG~ ' UFFICIENCY:
Motion on second reading by: ("Ce. rY\ PtYOR WLW f'
Second on second reading by: C J)/VV'h\\SSrl>l'OVR..::L:oL2:,SI ~
VOTE: ~~D
Mayor David Samson
Vice Mayor Norman S. Edelcup
Commission Gerry Goodman
Commissioner Danny Iglesias
Commissioner Lila Kauffman
(yes) V
(yes) ~
(yes) ---vr
(yes) ~
(yes) -1L-
(no) _
(no) _
(no) _
(no) _
(no) _
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