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HomeMy WebLinkAboutLegislationCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 07.00245 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE I, ENTITLED "MOTOR VEHICLES/IN GENERAL," OF THE CODE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING SECTION 35-10 OF SAID CODE, ENTITLED "PARKING FOR CERTAIN PURPOSES PROHIBITED," BY PROVIDING ENFORCEMENT PROVISIONS; CONTAINING A REPEALER PROVISION, A SEVERABILJTY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Chapter 35/Article I, entitled "Motor Vehicles/In General," of the Code of the City of Miami, Florida, as amended, is amended in the following particulars:{1} "Chapter 35 MOTOR VEHICLES AND TRAFFIC ARTICLE I. IN GENERAL Sec. 35-10. Parking for certain purposes prohibited. (a) No person shall park a vehicle upon any street or within the public right-of-way,_ including the sidewalk and swale, for the principle purpose of: (1) Displaying such vehicle for sale. (2) Washing, greasing, or repairing such vehicle, except repairs necessitated by an emergency. (3) Displaying advertising. (4) Selling merchandise from such vehicle, except in a duly established marketplace, or when so authorized or licensed under this Code or other ordinances of this city. (5) Storage, or as junkage or dead storage, for more than twenty-four (24) hours. (b) No person shall park a commercial vehicle, bus, trailer or semitrailer upon any street or within the public right-of-way in any zoned residential district of the city. City of Miami Page 1 of 3 Printed On: 2/21/2007 File Number: 07-00245 (c) No person shall park upon any street or within the public right-of-way in any zoned residential district of the city a truck with any of the following characteristics: (1) The weight is one -ton capacity or more. (2) The height is eight feet or taller, including ladders or other attachments to the top of the vehicle. (3) The width exceeds six feet ten inches, excluding mirrors. (4) The overall length exceeds 18 feet six inches. (5) Open trucks having Toad space exceeding nine feet six inches in length. (6) It has dual wheels. (7) It has more than two axles. (d) Except in conjunction with authorized active continuing construction on the abutting premises, no person shall park construction equipment such as earth moving machines, excavators, cranes and the like, within the public right-of-way in any zoned residential district. (e) No person shall park major recreational equipment such as travel trailers, pickup campers, motorized homes, tent campers, tents, boats and boat trailers, combinations thereof, and other similar equipment, cases or boxes for transporting such equipment, whether occupied by such equipment or not, upon any street or within the public right-of-way in any zoned residential district, except for a period not to exceed 12 hours for the purpose of loading and unloading. (f) All violations of this section shall be punishable by a fine of one hundred dollars ($100) for the first vehicle on a first offense and five hundred dollars ($500) per vehicle for anv additional vehicle and anv repeat violation of this section. Any vehicle in violation of subsection (a) shall be ticketed, and, if not removed within twenty-four (24) hours thereafter, towed. In addition, any vehicle that the Chief of Police of the City of Miami Police Department or his/her designee, deems to pose a serious threat to the public health, safety, or welfare, and is in violation of section, shall be ticketed and towed if not removed immediately. (Vehicle owners will be responsible for all fines, towing fees, storage fees, and anv administrative and enforcement fees that result from the enforcement of this section.) (f) i9.� The enforcement of this section may be initiated by city personnel listed in city Code section 2-813 in accordance with the procedure set forth in the city Code section 2-814, and/or by any law enforcement officer (including a parking enforcement specialist). City of Miami Page 2 of 3 Printer, On: 2/23/2007 File Number: 07-00245 Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. 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 thirty (30) days after final reading and adoption thereof.{2} APPROVED AS TO FORM AND CORRECTNESS: JOR L. FERNAND CITY 3ORNEY 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. City of Miami Page 3 of 3 Printed On: 2/21/2007