HomeMy WebLinkAboutO-14142opCity of Miami
Ordinance 14142
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Legislation
File Number: 13232
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 2/9/2023
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
35/ARTICLE IX OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TITLED "MOTOR VEHICLES AND TRAFFIC/VALET PARKING," TO
PROVIDE FOR RESTRICTIONS FOR USE OF RESIDENTIAL RIGHT—OF—WAY
FOR VALET PARKING SERVICES AND TO AMEND ENFORCEMENT AND
FINE AMOUNTS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR
AN IMMEDIATE EFFECTIVE DATE.
SPONSOR(S): Commissioner Christine King
WHEREAS, residential properties throughout the City of Miami can become overloaded
by the ramping and storage of Valet Parking Service cars when they are near or adjacent to
denser commercial properties; and
WHEREAS, this increase in volume creates higher automobile speeds, higher traffic
volumes, safety issues and is disruptive to the residential neighborhoods, especially the single-
family, T3 Transect Zone areas; and
WEHREAS, Section 35-303 of the Code of the City of Miami, Florida, as amended, ("City
Code") and other sections of the Valet Parking ordinance have not been amended since the
passage of Miami 21, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami
21"), and an update in language is necessary for enforcement clarity; and
WHEREAS, some current fines for violations by Valet Parking Services are so low they
simply amount to a "cost of doing business" rather than a tool to stop operators from violating
the City Code; and
WHEREAS, such changes are in the best interest of the residents and property owners
to protect the health, safety and welfare of the community;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted and incorporated as if fully set forth in this Section.
Section 2. Chapter 35 of the City Code is amended in the follow particulars:'
"CHAPTER 35
1 Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted
and unchanged material.
City of Miami Page 1 of 6 File ID: 13232 (Revision: A) Printed On: 212112023
File ID: 13232
Enactment Number: 14142
ARTICLE IX
VALET PARKING
Sec. 35-301. - Purpose; permit and license required.
(a) The purpose of this article is to:
(1) Reduce the disruption of vehicular and pedestrian traffic that valet parking
service operations may create;
(2) Minimize hazardous conditions that valet parking service operations may create
in order to protect the health, safety and welfare of the public;
(3) Promote the safe and legal operation of valet parking services for the use and
convenience of businesses and the general public.
(b) No person, establishment or entity shall conduct valet parking service on public right-
of-way as herein defined without first obtaining a permit from the director of the
department of off-street parking and paying the fee therefor to the chief financial officer
of DOSP or his/her designee.
Sec. 35-302. - Definitions.
Department or DOSP means the city department of off-street parking also known as
Miami Parking Authority ("MPA").
Director means director of the city department of off-street parking.
NET means the applicable city neighborhood enhancement team office.
Officer means police, parking enforcement specialist, code enforcement officer.
Permit means the receipt of a valet parking permit under the terms and provisions of
this article.
Permittee%perator means valet company and its employees.
Tandem parking means the storage of vehicles, irrespective of how configured, that
requires moving at least one other vehicle to reach the vehicle sought.
Valet parking service area or ramping means the public right-of-way to be utilized for
the valet parking service. This excludes the use of the T3 Transect Zone right-of-way
areas unless associated with an accompanying T3 Transect Zone Special Event
Permit as contemplated in Section 35-303.
City of Miami Page 2 of 6 File ID: 13232 (Revision: A) Printed on: 212112023
File ID: 13232
Enactment Number: 14142
Sec. 35-303. - Boundaries.
Valet parking service shall only be permitted within
16, 16T16=Transect Zones T4-Land O, T5-L and O, T6-L and O, C, and D.
Furthermore, distr,,.+s; a Valet Parking Service shall only be permitted within
all T3, T4-R, T5-R and T6-R Transect Zones shall be allrvA'ged to byobtaining a special
event temporary permits as referred to in section 35-315. Valet Parking Services shall
not use the right-of-way in T3 Transect Zones for the parking of any vehicles from their
stands located in other Transect Zones unless associated with a Saecial Event Permit
issued for a T3 Transect Zone event
Sec. 35-314. - Enforcement; fine schedule and penalty provisions.
(a) Enforcement. The officers shall enforce the provisions of this article. This shall not
preclude other enforcement agencies or regulatory bodies from any action as
necessary to ensure compliance with this article and all applicable laws. For any
violation of a provision of this article the officer shall issue a notice of violation/citation
to the permittee/operator. The notice shall state the nature of the violation, amount of
fine, instructions and due date for paying the fine, notice that the violation may be
appealed by requesting an administrative hearing within ten calendar days after
service of the notice and that failure to appeal the violation within the ten calendar
days, shall constitute an admission of the violation and a waiver of the right to appeal.
(b) Additional enforcement. As an additional means of enforcement, the department may
seek injunctive relief and/or the city may follow procedures to revoke local business tax
receipts as set forth elsewhere in the City Code when there are repeat violations of this
article. Additionally, the department, may withhold issuance of any new valet permits
and suspend current valet parking permits until past due violations are paid in full.
(c) Rights of violator: payment of fine; right to appeal
theFefFE)m-shallaTl be On the �nmann F preGGFiibed on seGt+en 2 828 of this For civil
infractions or notice of violations pursuant to Section 2-811 et. seq., of the City Code,
the citing Officer shall issue either a civil infraction or a notice of violation which, upon
adjudication by the Code Enforcement Board, can lead to daily fines of up to $1,000.00
per diem for a first-time offender or up to $5,000.00 per diem for a repeat violator.
(d) Recovery of unpaid fines. The department may institute proceedings in a court of
competent jurisdiction to compel payment of civil penalties. A certified copy of an order
imposing a fine may be recorded in the public records.
(e) Civil fines. The following civil fines shall be imposed for each violation unless a notice
of violation is issued. Fines will be paid to the department with one-third remaining with
the department and two-thirds being forwarded to the city finance department. T#e
City of Miami Page 3 of 6 File ID: 13232 (Revision: A) Printed on: 212112023
File ID: 13232
Enactment Number: 14142
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To determine the exact nature of the activity prescribed or required the
specifics of this article must be examined--.. The below table does not reflect possible
per diem fine amounts based upon the issuance of a notice of violation under Section
2-814 through 2-820 of the City Code. Civil Fines shall issue in the amount as follows
and may be issued every 24 hours should the violation remain outstanding:
EXPAND
(1) Unauthorized/illegal ramping
$4-500.00 per offense
(2) Unauthorized/illegal storage
$2-500.00 per offense
(3) Lapse of insurance (from
date of lapse)
$150.00 per day
(4) Operation without permit
$500.00 per day
(5) No name tag
$25100.00 per offense
(6) No uniform
$25100.00 per offense
(7) No valid FL drivers license
$2-500.00 per offense and immediate removal
of the employee from service.
(8) Violation of guides and
standards
$250.00 per offense
(9) Other violation of this article
$250.00 per offense.
Sec. 35-315. - Special events and residential areas.
(a) Valet service —special event. Valet services operating for a special event may apply for
a special event permit at DOSP. Special event parking shall be restricted to any event
occurring no more than twice per year and lasting no longer than three days in length.
The special event permit will allow the valet operator to request from the department,
additional ramping and/or storage space, if available, as long as it does not reduce the
number of parking spaces needed to serve the general public in the area of the
request.
(b) Valet service —residential. Valet service may be provided for non-commercial uses,
including private functions in residentially zoned areas for a one day. Valet operators
must meet the same criteria as a regular day to day valet operation as referenced in
the permit application (see section 35-305). Valet operators must complete a
City of Miami Page 4 of 6 File ID: 13232 (Revision: A) Printed on: 212112023
File ID: 13232
Enactment Number: 14142
temporary valet parking permit form and submit this form to DOSP 14 days prior to the
scheduled event.
Note: Temporary valet parking permit requests submitted within less than 14 working
days of a scheduled event will only be accepted for situations deemed as an
emergency. An emergency is defined as a situation or occurrence of a serious nature,
developing suddenly and unexpectedly within less than 14 working days of the event
and demanding immediate attention.
The following requirements must be satisfied:
(1) Ramping. Valet ramping may be provided either on private property at the
location to be serviced or on public property but not in a T3 Transect Zone.
Ramping on public property shall not occur in any other location than the public
on-street/curbside parking spaces provided for ramping. Ramping from a
moving lane of traffic is strictly prohibited unless authorized by the city. The
ramping area shall be determined as stated in section 35-304, unless specified
otherwise in this Article.
(2) Storage. Storage of vehicles must be in compliance with section 35-305.
Storage of vehicles on public right-of-way is strictly prohibited, unless
authorized by DOSP.
a. Storage on public right-of-way. Valet operators may request the use of
public right-of-way for storage under the following conditions:
1. Private or public storage (parking lot and/or garage) is not
available within 2,500 feet of the location to be serviced.
2. All prohibited parking regulations (fire hydrants, crosswalks, etc.)
are strictly enforced.
3. T3 Transect Zones may not be used for temporary or permanent
storage of vehicles.
Section 3. If any section, part of section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately after final reading and
adoption thereof.2
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami Page 5 of 6 File ID: 13232 (Revision: A) Printed on: 212112023
File ID: 13232
Enactment Number: 14142
APPROVED AS TO FORM AND CORRECTNESS:
ria i dez, City Attor iey 113/2023 Vyt6ria-Vrdel, City Attor iey 1126/2023
City of Miami Page 6 of 6 File ID: 13232 (Revision: A) Printed on: 212112023