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Miami, FL 33133
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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 SEVERABILITY 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.
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(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 load 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 any additional vehicle and any 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 any administrative and
enforcement fees that result from the enforcement of this section.)
{-f} (g) 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).
*11
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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}
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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