HomeMy WebLinkAboutO-13627City of Miami
Legislation
Ordinance: 13627
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 16-01011 Final Action Date: 9/8/2016
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
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, as defined herein, 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
City of Miami
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File Number: 16-01011 Enactment Number: 13627
Sec. 35-374 Intent; Establishing and authorizing Forklift Zones within the City of Miami ("City").
(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, Northwest 23rd Street on the North, and the
intersections therein as indicated in Exhibit "A", attached and incorporated.
(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.
a) 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) The use of a mobile phone or any hand held device is strictly prohibited; eating while
operating a Forklift is also prohibited.
(d) Forklift operators traveling on Public Right -of -Way in the Forklift Zone must have a valid
Florida Driver's License.
(e) A Florida Tag is preferred, but not mandatory, as long as the above requirements are met.
fl 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.
(q) Each Forklift operating on Public Right -of -Way within the Forklift Zone shall be equipped with
the following equipment:
1) The owner's company name and telephone number(s) shall be affixed on both sides of the
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File Number: 16-01011 Enactment Number: 13627
Forklift in letters and numbers measuring no less than two (2) inches in height.
a) A minimum of two (2) running headlights must be operable on the front of the Forklift.
a) A minimum of two (2) brake lights must be operable on the rear of the Forklift.
4j An overhead warning light must be activated when the Forklift is in operation and an
audible reverse warning system must be available.
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, and or Chapter
2, Article X of the Code of the City of Miami, Florida, as may be amended from time to time,
when strict compliance with the requirements of the Forklift Zone regulations is not met.
*If
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 thirty (30) days after its adoption and
signature of the Mayor. {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 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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