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Ordinance
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3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 16-01011 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"MOTOR VEHICLES AND TRAFFIC ", ESTABLISHING ARTICLE XIII, ENTITLED
"FORKLIFT ZONE" CREATING A ZONE NEAR THE ALLAPATTAH PRODUCE
MARKET AREA FOR MERCHANTS THAT REQUIRE THE USE OF FORKLIFTS AND
SIMILAR HEAVY MACHINERY ON A DAILY BASIS AND REGULATING THE USE OF
FORKLIFTS IN THAT AREA THEREOF; CONTAINING A SEVERABILITY CLAUSE
AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, the area generally bounded by Northwest 12th Avenue on the East, Northwest
17th Avenue on the West, Northwest 20th Street on the South and Northwest 23rd Street on the North,
also known as the "Allapattah Produce Market Area", is a thriving commercial center for the sale of
fresh produce that is a source of economic development for the City of Miami ("City"); and
WHEREAS, the businesses that operate in the "Allapattah Produce Market Area" depend on
the use of forklifts over a five (5) block radius in order to operate their businesses; and
WHEREAS, the businesses that operate in the "Allapattah Produce Market Area" are in need of
a "Forklift Zone" in that area; and
WHEREAS, the City wishes to establish the "Allapattah Produce Market Area" as a "Forklift
Zone" allowing for the use of commercial forklifts on public right of way, pursuant to the regulations
contained in the "Forklift Zone" as specified below and in the area delineated in Exhibit "A", attached
and incorporated;
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
by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 35 of the Code of the City of Miami, Florida, as amended ("City Code"),
entitled "Motor Vehicles and Traffic", is amended in the following particulars: {1}
"CHAPTER 35
MOTOR VEHICLES AND TRAFFIC
ARTICLE XIII. FORKLIFT ZONE
Sec. 35-374 Intent; Establishing and authorizing Forklift Zones within the City of Miami ("City").
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(a) In accordance with the provisions of this Chapter, the City wishes to establish the Allapattah
Produce Market Area "Forklift Zone" allowing for the use of commercial forklifts as specified in
the area bounded by Northwest 12th Avenue on the East, Northwest 17th Avenue on the West,
Northwest 20th Street on the South, and Northwest 23rd Street on the North.
(b) These Forklift Zones within the City are hereby created by maps designating the areas and
public right of way as such, as amended by the City Commission, from time to time.
Sec. 35-375. Definitions.
(a) A "commercial forklift" as used in this Article means a forklift utilized by personnel of the
businesses located within the Allapahttah Market Area.
(b) A "forklift" as used in this Article means any vehicle with a prolonged lift device in the front of
the vehicle for lifting and carrying heavy loads.
Sec. 35-376. Requirements to operate a commercial forklift on public right of way within the Forklift
Zone.
(a) In order to operate a commercial forklift on public right of way within the Forklift Zone, the
following criteria must be met:
1) Maintenance of insurance by the owner of the business using the forklift of no less than $
100,000/300,000 dollars in insurance coverage per vehicle, per person, per incident.
2) Submit a hold harmless and indemnification agreement in favor of the City for any and all
bodily injuries and/or property damage that may be caused by the operation of a commercial
forklift within the boundaries of the Forklift Zone.
(b) Operation of a commercial forklift on public right of way within the Forklift Zone in excess of 15
miles an hour is prohibited.
(c) Forklift operators traveling on public right of way in the Forklift Zone must have a valid Florida
Driver's License.
(d) A Florida Tag is preferred, but not mandatory, as long as the above requirements are met.
(e) Operation of a commercial forklift on public right of way can only be within the Forklift Zone for
business purposes relating to the Allapattah Produce Market Area.
Section 35-377. Enforcement.
(a) The implementation and use of the traffic infraction system for the enforcement of violations
within this area shall be in accordance with the provisions of F.S. Chapter 316, as may be
amended from time to time, when strict compliance with the requirements of the Forklift Zone
regulations is not met.
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.
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Section 4. This Ordinance shall become effective immediately upon its adoption and signature of
the Mayor. {2}
APPROVED AS TO FORM AND CORRECTNESS:
VI
C
TORIA MENDEZ
Y ATTORNEY
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 indicated 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 or upon the effective
date stated herein, whichever is later.
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