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HomeMy WebLinkAboutOrdinance 2018-519 ORDINANCE NO. 2018 — s19 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 265-46(A)(18) TO PROHIBIT VALET SERVICE OPERATORS OR ANY ENTITY FROM PARKING VEHICLES WITHOUT VALID HANDICAP PARKING PERMITS IN DESIGNATED HANDICAP PARKING AREAS; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach ("City") is seeking to ensure compliance with the Americans with Disabilities Act relating to disabled parking; and WHEREAS,the City intends to penalize any party or entity that permits their valet service providers to park any vehicles that do not display the valid disabled parking permits in parking spots reserved for disabled parking; and WHEREAS, the City Commission wishes to prohibit illegal parking in designated handicap parking areas. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH: Section 1. Amendment. Section 265-46(A)(18) of the City Code is amended to read as follows: § 265-46. Off-street parking and loading standards. A. General. Every building, use or structure, constructed or altered after the effective date of LDRs shall be provided with off-street parking facilities in accordance with the provisions of this article for the use of occupants, employees, visitors or patrons. Such off-street parking facilities shall be maintained and continued as long as the main use is continued. (18) Valet Parking. Code Citation shall be issued against a condominium association or property owner who allows their valet service provider(s) to stop. stand, obstruct. or park any vehicle within such a specially designated and marked parking space that is a reserved Disabled Parking Spot. unless. such vehicle has a clearly visible Disabled Parking Permit displayed. (a) Enforcement. The Code Enforcement Department shall be responsible for enforcing the provisions of this subsection. Amending Chapter 265-46(A)(18) Words underlined are added,words stricken are deleted. (b) Penalties. Any party found to be in violation of this subsection shall be subject to the civil penalty of$500 per occurrence and any other penalties set forth in the City Code and state law. Section 2. 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 other appropriate word, as required. 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. Repealer. All Ordinances or part of Ordinances in conflict herewith be and the same are hereby repealed Section 5. Effective Date. This Ordinance shall become effective upon adoption on second reading. PASSED and ADOPTED on First Reading the IS -.-day of f-612)"4-tz-1 , 2018. PASSED and ADOPTED on Second Reading this l !. day of Mk-CA , 2018. George . Scholl, Mayor ATTE af ;;,Il`;-/ Mauricio Betancur, CMC, City Clerk • Amending Chapter 265-46(A)(18) Words underlined are added,words stricken are deleted. APPROVED AS TO FORM AND LEGAL SUFFICIENCY 1'i ans Ottinot, City Attorney Moved by: CQMM I S S t o aA C Q_ G Second by: V S CE M1O - a 0LIlt-M VOTE AS FOLLOWS: Mayor Scholl ( ✓ ) yes ( ) no Vice Mayor Goldman ( v) yes ( ) no Commissioner Aelion ( ✓ ) yes ( ) no Commissioner Gatto ( ✓) yes ( ) no Commissioner Svechin ( 1) yes ( ) no Amending Chapter 265-46(A)(18) Words underlined are added,words stFicken are deleted. sooNY tst, Cityof SunnyIsles Beach City Commission s George"Bud"Scholl,Mayor o� -r� e �\ F 18070 Collins Avenue, Suite 250 Dana Goldman, b'icedlayor F- _ _ J v33160 Isaac Aelion, Commissioner ,,,;�.r= Sunny Isles Beach, Florida 00 '. = Jeanette Gatto,Commissioner°„ 305 947-0606 Cit Hall Lorisa Svechin,Commissioner �� _ P* (305)949-31 13 Fax i 9s� — '��P (305)947-2150 Building Department Christopher J.Russo Ciry Manager F F L O 5 Hans Ottinot,City Attorney C,TY of sus "`�� (305)947-5107 Fax Mauricio Betancur,C\IC,City Clerk • MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Hans Ottinot, City Attorney DATE: February 15, 2018 RE: Ordinance Amending Section 265-46(A)(18) of the City Code • Recommendation: This Ordinance is presented for your consideration. Reasons: This Ordinance amends Section 265-46 of the City Code entitled "Off-Street parking and loading standards" to penalize any party or entity that permits their valet service providers to park any vehicles that do not display the valid disabled parking permits in parking spots reserved for disabled parking on private property. This Ordinance was requested by the Office of the City Manager.