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HomeMy WebLinkAboutLegislation SR (Version 2)Second Reading Ordinance City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13-00745 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE VII, ENTITLED "MOTOR VEHICLES/ PRIVATE PARKING LOTS", MORE PARTICULARLY BY ADDING NEW PARKING LOT REQUIREMENTS FOR LIGHTING, SIGNAGE, USES AND REVOCATIONS OF PERMITS AND ADDING NEW SECTIONS 35-288 THROUGH 35-291 TO CLARIFY ENFORCEMENT OF NON -COMPLIANT PARKING LOTS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, enhanced parking lot lighting can attract customers, facilitate traffic and pedestrian safety, increase economic development, deter crime and vandalism, and create a sense of personal security; and WHEREAS, the City of Miami seeks to protect the citizens and visitors that park in these lots by adding certain requirements, while improving the visual aesthetics of the area; and WHEREAS, the City Commission feels this ordinance is in the best interest of the community; Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 35/Article VII of the Code of the City of Miami, Florida, as amended, entitled, "Motor Vehicles and Traffic/Private Parking Lots," is amended in the following particulars:{1} "CHAPTER 35 MOTOR VEHICLES AND TRAFFIC ARTICLE VII. PRIVATE PARKING LOTS Sec. 35-281. Licence City Authorization required. (a) It shall be unlawful for any person or entity to engage in the operation or maintenance of a parking lot for a fee or charge, unless such person or entity is authorized by the City and has paid the appropriate a license fee in accordance with the provisions of this Code or other ordinances. (1) No private pay meter, pay station or similar pay device shall use or display, the logo, design, color, style of any government entity. (2)It shall be prohibited to install and operate any automatic teller machine (ATM) in any parking lot unless the facility is staffed with twenty-four hour security. Sec. 35-282. Permit, certificate of use and a business tax receipt, records required. LNo person or entity shall engage in the operation or maintenance of a parking lot for a fee or City of Miami Page 1 of 5 File Id: 13-00745 (Version: 2) Printed On: 9/16/2013 File Number: 13-00745 charge unless such person holds a valid permit, certificate of use and a business tax receipt therefor. (b)Such permit shall serve as evidence of the operator's compliance with all building, zoning, finance, and lighting requirements the Florida Building Code, the Florida Building Code- Accessibility and the Miami -Dade County Code, Chapter 8C. (c)Copies of the permit, certificate of use and business tax receipt must be displayed, or available, on the premises for ease of inspection by the City and at the office of the owner or operator. If no booth is available on site, such documentation shall be displayed, or available for review, at the office of the owner or operator. (d) All parking lots must pay the City of Miami Parking Facilities Surcharge Ordinance pursuant to Chapter 35, Article IX and the appropriate sales taxes. All surcharge payments must be available for inspection during the operating hours of the facility. (e) All records must be dated and kept in good order. Sec. 35-283. Signs indicating charges. (a) All persons properly licensed by the City to operate parking lots shall erect two signs, one LU at each entrance of the parking lot for which a certificate of use and a business tax receipt license is granted, or if only one (1) entrance exists, then two one (1) signs at such entrance_ s Such signs are not to be smaller in size than two (2) feet square feet, with letters not less than six L6i inches in size printed or painted thereon, indicating the price and fee charged for automobile parking and the period of time for which such fee or price is charged. The sign shall be displayed not less than five feet from the ground nor more than eight 01 feet above the ground. If lots are unattended and are run electronically or by multi -space payment equipment, rate information and company contact information shall be displayed on the machine. (b)Signage for private owners and operators must also include: hours of operation, owner name and operator name, address and phone number. It shall also include a statement disclosure: Operated by a private company. (c)All signage shall be in compliance with Miami 21, as amended. (d)Any parking lot advertisement must be accurate and not false or deceptive in any manner. (e)It shall be unlawful to place any temporary signs, such as "A" frame signs or any such similar signs outside the parking lot property, on the streets or sidewalks as prescribed by Chapter 54 of the City Code. Sec. 35-284. Alteration of charges; charges in excess of published rate. It shall be unlawful for any automobile parking lot licensee or his agent or employee to change the price or fee for automobile parking to be charged during the same day or night. Any change of price shall become and be made effective only as of the following day. It shall be unlawful for any such licensee or his agent or employee to charge a rate or fee higher than the rate published on the signs erected as provided in section 35-283. Sec. 35-285. Revocation of license for violations. LajConviction of the violation of any of the provisions of sections 35-281 through 35 2291 shall City of Miami Page 2 of 5 File Id: 13-00745 (Version: 2) Printed On: 9/16/2013 File Number.' 13-00745 subject the violator to the revocation of his certificate of use and business tax receipt license by a majority vote of the city commission, upon charges preferred by the city manager or his designee. The violator may request an appeal of the revocation of each to the Department of Hearing Boards, within 15 days of receipt of the revocation notice. (b)The Chief of Police or the City Manager or their respective designees, may order the immediate cessation of the use of the parking lot for any violation of this Article, or if in the opinion of the Chief of Police or the City Manager or their respective designees, the parking lot constitutes a hazard to the health, safety, or welfare of the public. (c) Any reinstatement of a certificate of use and a business tax receipt must go through a waiting period of 30 days and shall go through a new inspection process. No parking lot or part thereof shall be allowed to open if there is a violation outstanding. Sec. 35-286. Barriers at off-street parking areas adjacent to sidewalk or roadway; closures; entrance or exit. (a) All owners or operators of off-street parking areas adjacent to any sidewalk or roadway shall have a permanent -type barrier not less than four feet in height at all places where such parking area is bounded by sidewalks or roadways, except at permanently designated entrances and exits. (b)Barriers shall be made of aluminum or galvanized picket and shall be placed so as to prevent any vehicle from entering or leaving a parking area except at a permanently designated entrance or exit and so as to prevent any portion of a parked vehicle from extending beyond the boundary of the parking area. (c) When the parking lot is full or closed, such designation must be placed at a permanently designated entrance or exit. Such entrance or exit must be secure so as to prevent illegal access to the parking lot when closed or prevent overflow parking or parking congestion when the lot is already full. (d)Employees utilizing flags to facilitate ingress and egress of a parking lot are prohibited from standing in the public right of way, i.e. streets or sidewalks. Employees or licensees may receive traffic citations for obstructing traffic or further fines as allowed by this Article. Sec. 35-287. Temporary use of parking lots for special events. All private owners, operators, permit holders or affiliated entities operating one or more parking lots servicing special events at arenas, stadiums or other similar facilities must provide uniformed security for one hour prior to such events and for a minimum of 45 minutes after the event has concluded. A minimum of one city off -duty or reserve police officer must be used as uniformed security by those private owners, operators, permit holders and their affiliated entities operating one or more parking lots which, in the aggregate, have capacity for 125 or more vehicles during special events. Sec. 35-288. Continuous duty to maintain adequate lighting forparkinq lots; maintain parking lot in a clean condition. (a)AII person(s) engaged in the operation or maintenance of a parking lot shall have a continuous, uninterrupted duty to maintain adequate lighting in said parking lot. The duty shall extend over all portions of the property being used for parking, including any ancillary landscaping features and all points of vehicular and pedestrian ingress and egress. City of Miami Page 3 of 5 File Id: 13-00745 (Version: 2) Printed On: 9/16/2013 File Number: 13-00745 (1) Open parking lots and access thereto shall be provided with a maintained minimum of 1.0 foot-candle on the parking surface from dusk until dawn; provided, however, the lighting level may be reduced by fifty (50) percent on non -business days and commencing thirty (30) minutes after the termination of business on each operating day. The uniformity ratio shall not exceed a twelve to one ratio (12:1) maximum to minimum foot-candles. (2) Alleys shall be provided with a maintained minimum of 1/3 foot-candle on the alley surface from dusk to dawn. The uniformity ratio shall not exceed a twelve to one (12:1) maximum to minimum foot-candles. This provision shall not apply to governmental facilities not generally open to the public, and shall apply to those governmental facilities that are generally open to the public only during the dusk -to -dawn hours such facilities are open. (3) Parking and non -enclosed areas under, or within buildings shall be provided with a maintained minimum of 1 foot-candle of light on the walking and parking surfaces from dusk until dawn, and the ratio of maximum to minimum illumination in foot-candles shall not exceed twelve to one (12:1); provided, however, the lighting level may be reduced by fifty (50) percent on non -business days and commencing thirty (30) minutes after the termination of business on each operating day. It is provided that this provision shall not apply to governmental facilities not generally open to the public, and shall apply to those governmental facilities that are generally open to the public only during the dusk -to -dawn hours such facilities are open. (4) The area immediately outside of exterior doors shall have security illumination and shall be activated during the dark period of every day. (b)In addition to lighting, the parking lot must be free from hazardous conditions such as broken glass, debris, and pot holes. The lot must be kept in a safe and clean condition. Each parking lot must provide properly screened trash receptacles or a dumpster or be serviced by a commercial solid waste franchisee such that the property is free and clear of debris and litter. Sec. 35-289. Owner, Operator, and Employee requirements. (a) Owner, operator, or employees must wear a uniform shirt with the parking lot owner or operator's company name and logo printed on it and a company identification card with their name on it when working. (b)Owner, operator, or employees shall be listed by shift in the company records available for inspection at the parking lot location or at the owner or operator's office. (c) Owner, operator, or employees must be paid fair wages pursuant to state and federal law. (d) No owner, operator, or employees of any parking lot shall have any interest in, affiliation with or have a family member who owns, operates or works, with any booting company or tow company. No owner, operator, or employees of any parking lot shall contract or use any booting company or towing company to remove vehicles from any parking lot, if there is a personal conflict as listed above. All parking lots must follow state and county towing and booting guidelines. Sec. 35-290. Compliance with the Interim Parking in Chapter 62, Article XIII, Division 4. j All parking lots in the interim parking program pursuant to Chapter 62, Article XIII, Division 4 City of Miami Page 4 of 5 File Id: 13-00745 (Version: 2) Printed On: 9/16/2013 File Number. 13-00745 of the City Code must immediately come into full compliance with the Florida Building Code, the Florida Building Code- Accessibility and the Miami -Dade County Code, Chapter 8C, including, but not limited to, the requirements for landscaping, lighting, drainage, asphalt, fencing, etc., based on the date set for compliance in the original application. (b) Any parking lot owner or operator of lots who has not availed himself or herself of the Interim Parking in Chapter 62, Article XIII, Division 4 by the adoption of this ordinance, must comply with and adhere to all regular requirements of state, county, and local laws and ordinances as it pertains to the permitting, operation, and maintenance of all parking Tots. The Interim Parking in Chapter 62, Article XIII, Division 4 will automatically sunset upon the date set for compliance of the last participant of the program. Sec. 35-291. Enforcement of this Article; Penalties. A violation of this section may be enforced pursuant.to the provisions of 1-13 of this code and may also be enforced pursuant to the provisions prescribed in Chapter 2, Article X Code Enforcement or under any provisions allowed by law, including but not limited to, commencement of a suit in Court. The City of Miami Police may enforce the provisions of this Article to maintain the safety of the community. Violation of this Article is a fine of $500 a day until the property is brought to compliance. Secs. 35-28 92-35-300. - Reserved Section 3. If any section, part of a 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 30 days after final reading and adoption thereof. {2} APPROVED AS TO FORM AND CORRECTNESS JULIE O. BRU --Ark ATTORNEY Us 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 (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. City of Miami Page 5 of 5 File Id: 13-00745 (Version: 21 Printed On: 9/16/2013