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Ordinance: 13198
File Number: 10-01005
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 9/27/2010
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"),
ENTITLED "MOTOR VEHICLES AND TRAFFIC," MORE PARTICULARLY BY
CREATING ARTICLE XI, ENTITLED "COMMERCIAL VEHICLE WEIGHT
RESTRICTIONS," TO PROVIDE FOR REGULATIONS ON WHEEL AND AXLE
LOADS AND VEHICLE WEIGHTS TO PROTECT THE PUBLIC HEALTH, SAFETY,
AND GENERAL WELFARE UPON THE CITY'S ROADWAYS AND TO PROVIDE
DEFINITIONS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
WHEREAS, overweight vehicles pose a danger to the City of Miami's ("City's") residents and the
City's roadways; and
WHEREAS, for the general welfare and safety of the public, the City desires to amend the Code
of the City of Miami, Florida, as amended ("City Code") by providing for regulations on wheel and axle
loads and gross vehicle weight or certain vehicles traveling upon the City's roadways; and
WHEREAS, this ordinance is intended to give additional authority to the City's law enforcement
officers to regulate overweight vehicles traveling within the City; and
WHEREAS, it is in the best interest of the City's residents and visitors to adopt the following
amendment to the City Code;
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 hereby
adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. Chapter 35/Article XI of the City Code, is created in the following particulars:{ 11
"CHAPTER 35
MOTOR VEHICLES AND TRAFFIC
ARTICLE XI. COMMERCIAL VEHICLE WEIGHT RESTRICTIONS
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File Number: 10-01005 Enactment Number: 13198
Sec. 35-365. Purpose.
The purpose of this section is to promote the public health, safety and general welfare upon
the streets, roadways and highways of the City by regulating the wheel and axle loads and gross
vehicle weights of certain vehicles; to provide for the assessment of fees; and to provide penalties for
the violation of this chapter.
Sec. 35-366. Adoation.
Except as otherwise provided in this section, the City expressly adopts the weight and load
restrictions and enforcement procedures for commercial vehicles as promulgated in F.S. Ch. 316,
Rules and Regulations contained in Chapter 49 CFR 390-397 and North American Driver
Out -of -Service Criteria. as amended from time to time.
c.35-367. Jurisdiction.
The jurisdiction for determining restrictions as to oversize/overweight vehicles is given to the
City by the state through the provisions of F.S. Chapters 316.006 and 316.555.
c.35-368. Definitions.
The followina definitions shall aaDly to this article:
"Axle load" shall be defined as the total load transmitted to the road by all wheels whose
centers are included between two (2) parallel transverse vertical planes forty (40) inches apart,
extendina across the full width of the vehicle.
c.35-369. Violation.
It is a violation of this chapter for any person to drive or move, or for the owner to cause or
knowingly permit to be driven or moved, on any street, roadway or highway in the City, any vehicle or
vehicles of a size or weight exceeding the limitations stated in this chapter or otherwise in violation of
this chapter.
Sec. 35-370. Maximum weights.
(a) The gross weight imposed on the street, roadway or highway by the wheels of any one
axle of a vehicle shall not exceed the maximum weight allowable as calculated per the most current
edition of the Florida Department of Transportation Commercial Motor Vehicle Manual.
With respect to those highways not in the Interstate Highway System, in all cases in which
it exceeds state law in effect on January 4, 1975, the overall gross weight on the vehicle or
combination of vehicles, including all enforcement tolerances, shall be as determined by the following
fnrmijN-
W=500((LN=(N-1))+12N+36)
Where W = overall gross weight of the vehicle to the nearest five hundred (500) pounds; L =
distance in feet between the extreme of the external axles; and N = number of axles on the
vehicle. However, such overall gross weight of any vehicle or combination of vehicles may not
exceed eiahtv thousand (80.000) Dounds includina all enforcement tolerances.
(c) The City shall adopt rules consistent with the department of transportation to implement
this section, shall enforce this section and the rules adopted hereunder, and shall publish and
distribute tables and other Dublications as deemed necessary to inform the Dublic. In addition. tables
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will be posted at the Miami Police Department Traffic Unit.
Except as hereinafter provided, no vehicle or combination of vehicles exceeding the gross
weights specified in sections (a) and (b) shall be permitted to travel on the public streets, roadways or
highways within the City of Miami.
Sec. 35-371. Weight and load unlawful; special fuel and motor fuel tax enforcement; inspection;
penalty; review.
(a) Any designated police officer of the City of Miami having reason to believe that the weight
of a vehicle and load is unlawful is authorized to require the driver to stop and submit to a weighing of
the same by means of either portable or fixed scales and may require that such vehicle be driven to
the nearest weigh station or public scales, provided such a facility is within five (5) miles. Anyone who
refuses to submit to such weighing obstructs an officer pursuant to F.S. � 843.02, and is guilty of a
misdemeanor of the first degree, punishable as provided in F.S. � 775.082 or � 775.083. Anyone who
knowingly and willfully resists, obstructs or opposes an officer while refusing to submit to such
weighing by resisting the officer with violence to his person pursuant to F.S. � 843.01, is guilty of a
felony of the third degree, punishable as provided in F.S. �� 775.082, 775.083 or 775.084.
(b) (1) Whenever an officer, upon weighing a vehicle or combination of vehicles with load,
determines that the axle weight or gross weight is unlawful, the officer may require the driver to stop
the vehicle in a suitable place and remain standing until a determination can be made as to the
amount of weight thereon and, if overloaded, the amount of penalty to be assessed as provided
herein. However, any gross weight over and beyond six thousand (6,000) pounds beyond the
maximum herein set shall be unloaded and all material so unloaded shall be cared for by the owner
or operator of the vehicle at the risk of such owner or operator. For enforcement purposes, all scaled
weights of the gross or axle weight of vehicles and combinations of vehicles shall be deemed to be
not closer than ten (10) percent to the true gross weight. However, if the driver of any vehicle can
comply with the requirements of this chapter by shifting or equalizing the load on all wheels or axles
and does so when requested by the proper authority, the driver shall not be held to be operating in
violation of this chapter.
The officer shall inspect the license plate or registration certificate of the commercial
vehicle, as defined in F.S. � 316.003(66), to determine if its gross weight is in compliance with the
declared gross vehicle weight. If its gross weight exceeds the declared weight, the penalty shall be
five cents ($0.05) per pound on the difference between such weights. In those cases when the
commercial vehicle, as defined in F.S. � 316.003(66), is being operated over the streets, roadways or
highways of the City with an expired registration or with no registration from this or any other
jurisdiction or is not registered under the applicable provisions of F.S. Ch. 320, the penalty herein
shall apply on the basis of five cents ($0.05) per pound on that weight which exceeds thirty-five
thousand (35,000) pounds on laden truck tractor -semitrailer combinations or tandem trailer truck
combinations, ten thousand (10,000) pounds on laden straight trucks or straight truck -trailer
combinations, ten thousand (10,000) pounds on any unladen commercial motor vehicle. If the license
plate or registration has not been expired for more than ninety (90) days, the penalty imposed under
this paragraph may not exceed one thousand dollars ($1,000.00). A vehicle found in violation of this
section may be detained until the owner or operator produces evidence that the vehicle has been
properly registered. Any costs incurred by the retention of the vehicle shall be the sole responsibility
of the owner. A person who has been assessed a penalty pursuant to this paragraph for failure to
have a valid vehicle registration certificate pursuant to the provisions of F.S. Ch. 320, is not subject to
the delinquent fee authorized in F.S. � 320.07, if such person obtains a valid registration certificate
within ten (10) working days after such penalty was assessed.
(c) Any person who violates the overloading provisions of this chapter shall be conclusively
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presumed to have damaged the streets, roadways or highways of this City by reason of such
overloadina. which damaae is herebv fixed as follows:
When the excess weight is two hundred (200) pounds or less than the maximum
herein provided, the penalty shall be ten dollars ($10.00);
Five cents ($0.05) per pound for each pound of weight in excess of the maximum
herein provided when the excess weight exceeds two hundred (200) pounds. However,
whenever the gross weight of the vehicle or combination of vehicles does not exceed
the maximum allowable gross weight, the maximum fine for the first six hundred (600)
pounds of unlawful axle weight shall be ten dollars ($10.00);
An apportioned motor vehicle, as defined in F.S. � 320.01, operating on the
streets, roadways or highways of this City without being properly licensed and
registered shall be subject to the penalties as herein provided;
Vehicles operating on the streets, roadways, or highways of this City from
nonmember International Registration Plan jurisdictions which are not in compliance
with the Drovisions of F.S. & 316.605. shall be subiect to the Denalties as herein
provided.
Any person aggrieved by the imposition of penalties pursuant to this subsection may apply
to the review board, as provided for in subsection (i), for modification, cancellation, or revocation of
the penalty, and the review board is authorized to modify, cancel, revoke or sustain such penalty.
(e) Whenever any person violates the provisions of this chapter and becomes indebted to the
City because of such violation in the amounts aforesaid and refuses to pay said penalty, such penalty
shall become a lien upon the motor vehicle, and the same may be foreclosed by the City in a court of
equity. It shall be presumed that the owner of the motor vehicle is liable for the sum. Any person, firm,
or corporation claiming an interest in the seized motor vehicle may, at any time after the lien of the
City attaches to the motor vehicle, obtain possession of the seized vehicle by filing a good and
sufficient forthcoming bond with the officer having possession of the vehicle, payable to the City of
Miami in twice the amount of the City's lien, with a corporate surety duly authorized to transact
business in the State of Florida as surety, conditioned to have the motor vehicle or combination of
vehicles forthcoming to abide the result of any suit for the foreclosure of such lien. It shall be
presumed that the owner of the motor vehicle is liable for the penalty imposed under this section.
Upon the posting of such bond with the officer making the seizure, the vehicle shall be released and
the bond shall be forwarded to the City of Miami for safekeeping. The lien of the City against the
motor vehicle aforesaid shall be foreclosed in equity, and the ordinary rules of court relative to
proceedings in equity shall control. If it appears that the seized vehicle has been released to the
defendant upon his forthcoming bond, the City shall take judgment of foreclosure against the property
itself, and judgment against the defendant and the sureties on the bond for the amount of the lien,
including cost of proceedings after the rendition of the decree, the City may, at its option, proceed to
sue out execution against the defendant and his sureties for the amount recovered as aforesaid or
direct the sale of the vehicle under foreclosure.
Any officer or agent collecting the penalties herein imposed shall give to the owner or
driver of the vehicle an official receipt for all penalties collected. Such officers or agents shall
cooperate with the owners or drivers of motor vehicles so as not to delay unduly the vehicles.
LM Pursuant to F.S. �� 316.302 and 316.545, penalties and fees are due and payable at the
time of issuance and shall be remitted to the officer or traffic enforcement officer of the Miami Police
Department who assessed the penalty. Payment shall be made for the exact amount of the
assessment in cash, money order, or cashier's check and shall be made payable to the City of Miami.
All penalties and fines collected pursuant to this chapter shall be placed in a separate
commercial vehicle account. This account shall be created solelv for the collection of Denalties and
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fines resulting from violations of this chapter.
The City of Miami shall create a commercial motor vehicle review board consisting of three
(3) members who shall be the police traffic supervisor or designee, the City manager or designee,
and a community representative chosen by the police traffic supervisor and the City manager. The
review board may review any penalty imposed upon any vehicle or person under the provisions of this
chapter relating to weights imposed on the streets, roadways, or highways by the axles and wheels of
motor vehicles. to special fuel and motor fuel tax compliance. or to violations of safetv reaulations.
(1) The police traffic supervisor or authorized representative shall be the chairman of
the review board.
(2) The chairman of the review board is responsible for the administrative functions of
the review board.
Any person aggrieved by the imposition of a civil penalty pursuant to this section or F.S.
316.3025, may apply to the commercial motor vehicle review board for a modification, cancellation, or
revocation of the Denaltv: and the review board is authorized to modifv. cancel. revoke. or sustain
such penalty.
Sec. 35-372. Damage to streets, roadways, highways; liability of driver and owner.
Any person driving or moving any vehicle or combination of vehicles, object, or contrivance upon any
street, roadway, highway or highway structure shall be liable for all damages which the highway or
structure may sustain as a result of any illegal operating, driving, or moving of such vehicle or
combination of vehicles, object, or contrivance, whether or not such damage is a result of operating,
driving, or moving any vehicle or combination of vehicles, object, or contrivance weighing in excess of
the maximum weights or exceeding the maximum size as provided in this chapter but authorized by
special permit issued pursuant to F.S. � 316.550. Whenever the driver is not the owner of the vehicle
or combination of vehicles, object, or contrivance but is so operating, driving, or moving the same with
the express or implied permission of the owner, then the owner and driver shall be jointly and
severally liable for any such damage. Such damage may be recovered in any civil action brought by
the authorities in control of the street, roadway, highway or highway structure.
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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}
Footnotes:
{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.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
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.
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