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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #16793 Date: 10/15/2024 Commission Meeting Date: 12/12/2024 Type: Ordinance Subject: Amend Code - Chapter 35 - Motor Vehicles and Traffic Requesting Department: Off -Street Parking Board/Miami Parking Authority Sponsored By: District Impacted: All PURPOSE OF ITEM: This is an Ordinance with MPA proposed amendments to Chapter 35 "Motor Vehicles and Traffic" of the City Code. A substantial portion of Chapter 35 has not been updated by the City of Miami Commission for well over a decade, while new parking innovations have emerged and the costs of operating and managing the public parking system have continued to surge. To effectively manage the ever-increasing demand for public parking, implementation of innovative parking enhancements is required, such as mailing invoices in lieu of citations and monetizing curb loading zone parking which are crucial elements in achieving this goal. BACKGROUND INFORMATION: The MPA has conducted research analyzing the City's curb loading zone parking and the outcome has demonstrated the need for the City to regulate the curb loading zone parking by monetizing the spaces for purposes of limiting the time usage by vehicle operators, which will, in turn, provide an opportunity to maximize the usage of the parking spaces accordingly. Furthermore, the MPA staff proposes the added efficiency of mailing invoices in lieu of citations for failure to pay metered parking for motor vehicles. Mailing invoices in lieu of citations will assist both the MPA's parking enforcement and its collections efforts. In spite of the ever-increasing costs of the public parking system, the MPA staff solely proposes a change to the special events rate. Currently, said rate is $30.00 per on -street parking space per day during special events and construction uses and the newly proposed rate would adjust said amount by up to $50.00. Additionally, the MPA staff wants to utilize this opportunity to address the vital cleanup of certain language that is presently obsolete. Section 35-163 (Failure to appear and pay fine within prescribed time) and Section 35-164 (Penalty for violations of division) of the City Code are remnants of a bygone era when the City had a municipal court to prosecute City ordinances regulating and enforcing traffic laws, including off-street parking. In the modern day, there is no such court and the issuance of an arrest warrant to have an individual taken into custody for a civil non-moving traffic violation is beyond the City Clerk's authority. Consequently, both sections are being stricken from the proposed amended Chapter 35. Article VIII (Private Parking Lots) is also being updated so that the language is in accord with current statutory requirements. Budget Impact Analysis City of Miami File ID: 16793 (Revision:) Printed On: 8/11/2025 Item is NOT Related to Revenue Item is NOT an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: N/A Reviewed B City Commission Teri Samuels Meeting Completed 10/24/2024 9:00 AM City Manager's Office Arthur Noriega V City Manager Completed 11/04/2024 9:03 AM Office of Management and Budget Lai -wan McGinnis Budget Analyst Review Completed 11/04/2024 2:39 PM Office of Management and Budget Marie Gouin Budget Review Completed 11/04/2024 4:43 PM City Manager's Office Asael Marrero Assistance City Manager Completed 11/05/2024 7:44 AM City Manager's Office Natasha Colebrook -Williams Deputy City Manager Completed 11/05/2024 10:51 AM Legislative Division Valentin J Alvarez Legislative Division Review Completed 11/12/2024 7:12 PM Office of the City Attorney Jihan Soliman ACA Review Completed 11/12/2024 8:12 PM Office of the City Attorney George K. Wysong III Approved Form and Correctness Completed 11/12/2024 9:45 PM City Commission Todd B. Hannon Meeting Completed 11/21/2024 9:00 AM City Commission Maricarmen Lopez Meeting Completed 12/12/2024 9:00 AM Office of the Mayor Mayor's Office Unsigned by the Mayor Completed 12/20/2024 2:02 PM Office of the City Clerk City Clerk's Office Signed and Attested by the City Clerk Completed 12/20/2024 2:21 PM Office of the City Clerk City Clerk's Office Rendered Completed 12/23/2024 10:36 AM City of Miami File ID: 16793 (Revision:) Printed On: 8/11/2025 City of Miami Legislation Ordinance Enactment Number:14340 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16793 Final Action Date: 12/12/2024 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "MOTOR VEHICLES AND TRAFFIC," INCLUDING, BUT NOT LIMITED TO, SECTION 35-1, TITLED "DEFINITIONS," DEFINING CURB LOADING ZONES, FREIGHT OR COMMERCIAL CURB LOADING ZONE, PARKING ENFORCEMENT SPECIALIST, AND SMART LOADING ZONE, SECTION 35-4, TITLED "HITCHHIKING," REVISING THE LANGUAGE TO ACCOUNT FOR CURRENT DAY RIDE -HAILING SERVICES, SECTION 35-10, TITLED "PARKING FOR CERTAIN PURPOSES PROHIBITED," ADDING LANGUAGE CONCERNING LOADING ZONES AND ENFORCEMENT SPECIALISTS, ADDING SECTION 35-11, TITLED "IMMOBILIZATION/ BOOTING OF MOTOR VEHICLES," REMOVING SECTION 35-163, TITLED "FAILURE TO APPEAR AND PAY FINE WITHIN PRESCRIBED TIME," AS THIS LANGUAGE IS CURRENTLY OBSOLETE, REMOVING SECTION 35-164, TITLED "PENALTY FOR VIOLATIONS OF DIVISION," AS THIS LANGUAGE IS CURRENTLY OBSOLETE, ADDING SECTION 35-165, TITLED "INVOICE AND CITATIONS BY MAIL," SECTION 35-191, TITLED "ON -STREET PARKING METERS, AND MONTHLY ON -STREET PERMIT PROGRAM," REVISING LANGUAGE CONCERNING LOADING ZONES, SECTION 35-192, TITLED "MUNICIPAL PARKING GARAGES," ADDING LANGUAGE CONCERNING THE PUBLIC HEALTH TRUST PARKING FACILITY, SECTION 35-193, TITLED "MUNICIPAL OFF- STREET PARKING LOTS," ADDING THE MARINE STADIUM SITE AND PROVIDING FOR THE ADDITION OF NEW PARKING LOTS VIA RESOLUTION OF THE BOARD OF THE DEPARTMENT OF OFF-STREET PARKING A/K/A THE MIAMI PARKING AUTHORITY ("MPA"), AND ARTICLE VIII, TITLED "PRIVATE PARKING LOTS," UPDATING THE LANGUAGE IN ACCORDANCE WITH CURRENT STATUTORY REQUIREMENTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission desires to make possible the creation of new off-street parking spaces, as well as provide for greater utilization of existing on -street parking and nearby spaces; and WHEREAS, the Department of Off -Street Parking Board, at its October 2, 2024 meeting, following an advertised hearing, approved Resolution 24-1003, which proposed the revisions to Chapter 35 of the Code of Ordinances of the City of Miami, as amended; and WHEREAS, the City Commission after careful consideration of the proposed efficiencies and updates deems it advisable and in the best interest of the general welfare of the City of Miami and its residents and visitors to amend the Chapter 35 of the Code of Ordinances of the City of Miami File ID: 16793 (Revision:) Printed On: 8/11/2025 City of Miami, Florida, as amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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 City Code is amended in the following particulars. "CHAPTER 35 MOTOR VEHICLES AND TRAFFIC ARTICLE I. IN GENERAL Sec. 35-1. Definitions. The following words and phrases, when used in this chapter, shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this section, except where the context clearly indicates a different meaning: Department: As used herein this Chapter 35 of the City Code, means the Department of Off -Street Parking ("DOSP"), also known as the Miami Parking Authority ("MPA"). Freight, or Commercial curb loading zone: A space adjacent to a curb for the exclusive use of commercial vehicles during the loading or unloading of freight, that may be metered. Parking Access and Revenue Control Systems ("PARCS'): Real-time, self-service parking systems for transient and credentialed customers. PARCS automates the entry, exit, and payment of all customers accessing a parking facility. Park or parking: The standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise, prepared food, groceries, or passengers as may be permitted by this chapter or other applicable law. Parking Enforcement Specialist: A Parking Enforcement Specialist employed by the Department of Off -Street Parking ("DOSP"), also known as the Miami Parking Authority ("MPA"), whom is authorized to enforce all state, county, and municipal laws and ordinances governing parking within the boundaries of the municipality and the county, pursuant to F.S. 316.640(3)(c), as amended from time to time. Parking meter: A mechanical timing device, or virtual meter, used for the purpose of regulating parking, and which is actuated by the insertion of a coin and the operation of a lever or crankin device, or otherwise operated electronically with or without an online application. City of Miami File ID: 16793 (Revision:) Printed On: 8/11/2025 Passenger curb loading zone: An area adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers only. * * Smart Loading Zone: a designated space along the curb dedicated to loading and unloading passengers, food, or goods, regulated, and metered, in part, by sensor, GIS, camera, or software technology. Transportation Network Company ("TNC"): Businesses that connect passengers with drivers for prearranged trips using an online platform or application. TNC's are also known as rideshare companies, i.e. Uber. Sec. 35-2. Applicability of chapter generally. This chapter applies to every street, loading zone, alley, sidewalk, driveway, park area and every other way or public property, either within or outside the city, the use of which the City and/or the Department, has jurisdiction and authority to regulate. Sec. 35-4. Hitchhiking. No person shall stand in a roadway for the purpose of soliciting a ride from the driver of any private vchicic anyone other than a ride -hailing service. 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 for the principal 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 the city. (5) Storage, or as junkage or dead storage for more than 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. (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, City of Miami File ID: 16793 (Revision:) Printed On: 8/11/2025 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 1 hour for the purpose of loading and unloading. (f) 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 or by enforcement specialists from the Department of Off -Street Parking ("DOSP"), also known as the Miami Parking Authority ("MPA"), pursuant to F.S. § 316.640(3)(c), as amended from time to time. Secs. 35-11. 35 35. Reserved Immobilization/Booting of Motor Vehicles. (a) Notwithstanding anything to the contrary under Division 3, Chapter 35 of the City Code, the MPA may immobilize/boot a motor vehicle which is parked within an MPA owned and/or operated parking facility for any of the following reasons: (1) Vehicles parked or stored for more than 72 consecutive hours without MPA authorization. (2) After the third tailgating violation within a 1 year period. (3) Vehicles deemed by the MPA as abandoned and/or inoperable. (b) Procedure for immobilization/booting of vehicles: (1) Identify vehicles and provide reason for immobilization/booting. (2) For vehicles parked over 72 consecutive hours and deemed to be abandoned or inoperable, the MPA may attempt to notify the owner, operator, or person legally in control of the vehicle to promptly retrieve said vehicle before MPA commits to any immobilization/booting activity. A verbal warning to the owner, operator, or person legally in control of the vehicle shall also satisfy this requirement. (3) MPA authorized personnel will place the immobilization apparatus/boot once the reason for immobilization/booting is approved and confirmed by an MPA Senior Manager or Director of Operations. (4) Immobilization/booting shall be accomplished by placing one steel boot on the wheel of the motor vehicle, or similar immobilization apparatus. (5) Upon immobilization/booting, MPA will immediately affix a warning notice in English, Spanish, and Creole on the driver's side window of the vehicle indicating: (i) the immobilization/booting of the vehicle, (ii) that any attempt to move such immobilization apparatus/boot will cause damage to the vehicle, (iii) showing the telephone number to contact MPA personnel for release of the immobilization apparatus/boot, and (iv) the fee required for the removal of the immobilization apparatus/boot. (6) The customer must pay the amount due and an administrative fee to MPA, in accordance with the rates under subsection (c) below, as may be amended from time to time. (7) Once payment is finalized, the immobilization apparatus/boot will be removed by MPA authorized personnel. (c) Fees: (1) Amount due for either tailgating or extended stay (facility daily rates will apply). (2) Administrative fee: $50.00. (d) Facilities subject to immobilization/booting, under this Section are as follows: (1) Courthouse Center Garage (40 NW 3rd Street Miami, FL 33128) (2) Cultural Arts Garage (90 SW 1st Street Miami, FL 33130) City of Miami File ID: 16793 (Revision:) Printed On: 8/11/2025 (3) College Station Garage (190 NE 3rd Street Miami, FL 33132) (4) James L. Knight Center Garage (100 SE 2nd Street Miami, FL 33131) (5) Regatta Harbour Garage (3351 Pan American Dr. Miami, FL 33133) (6) Lot 18 (1320 NW 12th Street Miami, FL 33125) (7) Lot 26 (1355 NW 12th Street Miami, FL 33125) (8) Lot 72 (2600 S. Bayshore Dr. Miami, FL 33133) Signage requirements: LU Signs shall be placed visibly at each vehicle entry point. Sec. 35-12 - 35-35. Reserved. DIVISION 2. PUBLIC OFF-STREET PARKING FACILITIES Sec. 35-121. Definitions. The following words and phrases, when used in this division, shall have the meanings respectively ascribed to them in this section, except where the context clearly indicates a different meaning: Off-street parking lots: Any parking facility owned and/or managed and operated by the department of off-street parking and used for the purpose of permitting the general public to park their motor vehicles either at a meter parking zone or at a designated parking space or area. Parking facilities: Any parking facility owned and/or managed and operated by the department of off-street parking for the use of the general public to park motor vehicles. Sec. 35-122. Applicability of division. The provisions of this division shall be applicable to any parking, standing or nonmoving traffic violation promoted within the boundaries of any off-street parking lots or parking facilities owned and/or managed, and operated by the department of off-street parking. Sec. 35-123. General duties of director of off-street parking. It is the general duty of the director of off-street parking to plan and determine the installation of parking meters and parking spaces and to plan and direct the operation of traffic on off-street parking lots within their jurisdiction, including parking areas and loading and unloading zones. The director of off-street parking is authorized to designate crosswalks, mark traffic lanes for movement of traffic, designate traffic control signs and devices and lane markings, and determine the hours and days during which any traffic control devices, including the use of license plate recognition systems (LPR), shall be in operation or be in effect; shall determine the location of angle parking zones, restrict parking in hazardous places designated by proper signs in which the stopping or parking of vehicles would create an especially hazardous condition or cause unusual delay in moving of traffic (e.q., parking on loading zones); prescribe parking in designated areas; and shall cause to be erected signs in areas limiting the parking time and giving notice thereof. Secs. 35-124 - 35-150. Reserved. DIVISION 3. REGULATIONS City of Miami File ID: 16793 (Revision:) Printed On: 8/11/2025 Sec. 35-153. Parking longer than time indicated on signs. When signs are erected giving notice thereof, no person shall stop, stand or park a vehicle in any parking meter zone for a continuous period of time longer than that period of time designated by such signs, or on the online application, on any day except including Saturdays, Sundays and fE all legal holidays, unless otherwise posted. * Sec. 35-156. Obstructing traffic. No vehicle shall be parked so as to obstruct traffic, including without limitations, parking in loading zones beyond the prescribed time period allocated to the permit holder per vehicle operator. Sec. 35-159. Deposit of slugs, etc., in meters. It shall be unlawful for any person to deposit or attempt to deposit in any parking meter anything other than a credit card or lawful coin of the United States, or any coin that is bent, cut, torn, battered or otherwise misshapen. Sec. 35-160. Tampering with, damaging, etc., meters, or signs. It shall be unlawful for any unauthorized person to remove, deface, tamper with, open, willfully break, destroy or damage any parking meter, PARCS equipment, or sign, and no person shall willfully manipulate any parking meter in such a manner that the indicator will fail to show the correct amount of unexpired time before a violation. Sec. 35-161. Use of revenue. All revenue collected regardless the manner or form, including coins deposited in parking meters, shall be used to provide for the proper regulation and control of traffic upon the public streets, insofar as the city is authorized to exercise such authority, and to cover the cost of the supervision, inspection, installation, operation, maintenance, control and use of parking spaces and parking meters, together with the cost of supervising and regulating the parking of vehicles in parking meter zones. Sec. 35 163. Failure to appear and pay fine within prescribed time. If the person accused of a violation of this division does not appear to answer a mailed city clerk shall send the owner of the motor vehicle to which the citation was affixed a letter informing him/her of the violation, requesting payment and warning him/her that in the event warrant of arrest will be issued. In the event any person fails to comply with the aforesaid form within the time prescribed in such letter, the city clerk is empowered to secure and i-sue and have served a warrant for his/her arrest. Sec. 35 164. Penalty for violations of division. {a) Any person violating the provisions of this division shall be fined in accordance with the following schedule: {1) If paid within 48 hours, excluding weekends$ 2.00 {2) If paid within one week, but after 48 hours3.00 {3) If paid after one week5.00 {/1) If a warrant is issued10.00 City of Miami File ID: 16793 (Revision:) Printed On: 8/11/2025 {5) If a warrant is issued and the defendant is brought before the county court15.00 (b) A separate offense shall be deemed committed upon each period of time greater than the maximum provided for on the parking meter. Sec. 35-165-3-5-190. ReceRved Invoice and Citations by mail. An invoice for parking charges issued for failure to pay metered parking for motor vehicle parking must be placed on the motor vehicle in a prominent location or mailed within 5 business days of the violation. A late fee may not be assessed until expiration of the 15-day period following the denial of any appeal filed pursuant to paragraph (b) or for a period of at least 30 days after the invoice is placed on the motor vehicle or the postmarked date of the mailing, whichever is later. An invoice for parking charges issued under this Section must include a method to dispute and appeal the invoice by a party who believes they have received the invoice in error. Such dispute must be filed within 15 days after the invoice is placed on the motor vehicle or after the postmarked date of the mailing of the invoice. Within 5 business days a decision shall be rendered on the filed dispute. The party may then, within 10 days after receipt of the owner's or operator's decision, appeal such decision. As stated in the decision and provided by the invoice issuer, the appeal must be determined by a neutral third -party adjudicator, with the authority to review and approve or deny the appeal. If the appeal is approved, the invoice shall be dismissed. If the appeal is denied, the party shall pay the original invoice within fifteen (15) days after the decision of the adjudicator. In the event that an invoice remains unpaid following the issuance of a final notice to the violator regarding the failure to remit payment, a Miami Dade County parking citation may be issued. The issuance date of said citation shall correspond to the postmarked date of the notice. Sec. 35-166----35-190. Reserved ARTICLE IV. PARKING RATES Sec. 35-191. On -street parking meters, an -GI monthly on -street permit program, and Loading Zones. Loading zones: 1. A Smart Loading Zone is defined as a designated space along the curb dedicated to loading and unloading passengers, food, or goods, regulated, and metered, in part, by sensor, GIS, camera, or software technology. 2. The Director, or their designee, is hereby authorized to determine the location and effective hours of Smart Loading Zones by the placement of appropriate signs. a. Sign will have hours of operation posted (Example: 8AM to 6PM) b. Sign will have maximum time limit allowed to park (Example: 60 Minute Max Time) c. Signs will describe the type of use, example Freight, Parcel, TNC (Rideshare or ride hailing), Micro delivery, and food pick up drop off delivery. 3. The maximum continuous legal time a vehicle may be parked in the same location within a Smart Loading Zone shall not exceed one (1) hour. 4. The Director shall cause appropriate signage to be installed and maintained in any location designated as a Smart Loading Zone pursuant to this Section. 5. All Smart Loading Zones shall be accompanied by signage advising the public of the presence of the sensor, camera, Global Positioning Systems (GPS), Global City of Miami File ID: 16793 (Revision:) Printed On: 8/11/2025 Information Systems (GIS), or software technology monitoring the smart loading zone. 6. Any Smart Loading Zone established by this Section shall be subject to the parking rates as follows: Minutes Rate per Minute Total Maximum Cost 0-5 minutes $0.00 $0.00 6-15 minutes $0.05 $0.45 16-30 minutes $0.16 $4.80 30-60 minutes $0.26 $15.60 7 Vehicle operators parked in any Smart Loading Zone shall deposit payment in the manner prescribed on Smart Loading Zone signage. a. This includes but is not limited to invoices by U.S. Mail. i. Vehicles may be billed for the time they parked plus an administrative fee via regular U.S. Mail. b. Vehicles can register for the Smart Loading Zone program and will receive a monthly invoice for the time vehicle occupied the Smart loading zone. 8. The Director is authorized to oversee regulations as are deemed necessary or appropriate for the proper administration and enforcement of this Section. 9. Whoever violates or fails to comply with any provision of this Section may be subject to a citation under Chapter 30 of the Miami Dade County Traffic and Motor Vehicles Code, as amended. (b) Demand base pricing. The Department of Off -Street Parking ("DOSP") may implement demand based pricing from time to time, based on demand and special events. Average occupancy for each zone will may be evaluated quarterly to adjust pricing to fluctuating demand. Pricing will be adjusted by demand accordingly, using the following criteria: (1) Zones that show occupancy greater than -5 75 percent increase by $1.00 from the then existing rate until the maximum rate is in effect. {2) Zones that show occupancy between 50 percent and 85 percent remain the same. {3) Zones that show occupancy les than 50 percent decrease by $1.00 from the then existing rate until the minimum rate is in effect. Areas that have wide variations throughout the day will may be split into peak and off-peak pricing tiers. Rate changes will may be applied to peak and off-peak times independently. The minimum rate will be set at $1.00 and The maximum rate will be set at $6.00. This pricing w+44 not may apply during special events. (c) The following fees will be assessed during special events, film production, and construction uses for on -street parking space rental: (1) Fifty dollar administrative fee per event assessed for any parking space rental. (2) The rental rate of $30.00 per on -street parking space per day will be assessed during special events and construction uses. (3) The rental rate of $30.00 per on -street parking space per day will be assessed during film production, in addition to a $2,000.00 flat fee, plus all other applicable fees. (d) Monthly on -street permit program. The monthly on -street permit program is available, in certain areas of the city, pursuant to this chapter, on a first -come, first -serve space available basis. Permits are to be issued by DOSP. The chief executive officer ("director") is expressly authorized to implement this program and shall oversee and develop these special on -street parking permit areas as they are deemed necessary by the director where the director determines that sufficient off-street parking facilities are not available in an area to accommodate monthly parking demand. Such areas will be subject to all applicable laws, resolutions, rules and guidelines governing their operation established by the city City of Miami File ID: 16793 (Revision:) Printed On: 8/11/2025 commission and/or board/DOSP. Monthly parking patrons may not pre -purchase on -street permits for more than one month at a time. On -street permits can only be purchased on a month to month basis and payment is due on the first of the month. DOSP will strictly enforce correct usage of permits, not allowing for any grace period. (e) City employees who reside within the city will be able to receive a 20 percent discount towards the purchase of one monthly permit [(one permit)], as long as they remain eligible. Each additional permit will be sold at regular price. (f) On -street parking spaces, loading zones, and monthly permit rates may be increased by resolution of the off-street parking board to a maximum of three percent annually in any individual fiscal year, or at an accrued annual rate of up to three (3) percent. The incr sc shall not exceed an accrued annual rate of three percent. Sec. 35-192. Municipal parking garages. (a) The rates charged for parking in off-street municipal garages are as follows (all rates include parking surcharge and all applicable sales tax): (1) Municipal Garage No. 1 (Courthouse Center Garage): Half-hour $5.00 Early bird (in by 9:00 a.m., out between 2:00 p.m.-6:00 p.m.) $10.00 Maximum (within 24 hours) $30.00 Special event$30.00 $50.00 Weekend special, per day $10.00 Monthly $200.00 (2) Municipal Garage No. 2 (Cultural Center Garage): Half-hour $5.00 Early bird (in by 9:00 a.m., out between 2:00 p.m.-6:00 p.m.) $10.00 Maximum (within 24 hours) $30.00 Special event$30.00 $50.00 Weekend special, per day $7.00 Monthly $200.00 (3) Municipal Garage No. 3 (College Station Garage): Half-hour$5.00 Early bird (in by 9:00 a.m., out between 2:00 p.m.-6:00 p.m.) $10.00 Maximum (within 24 hours) $30.00 Special event$30.00 $50.00 Monthly$200.00 (4) Municipal Garage No. 4 (James L. Knight Center Garage): Half-hour $5.00 Early bird (in by 9:00 a.m., out between 2:00 p.m.-6:00 p.m.) $10.00 Maximum (within 24 hours) $30.00 Special event$30.00 $50.00 Monthly$200.00 Reserved monthly $275.00 (5) Municipal Garage No. 9 (Allapattah Parking Garage): Daily, per hour $1.00 Maximum: $5.00 Monthly $50.00 (6) Grove Bay Garage (3385 Pan American Drive): Per hour $4.00 Maximum $20.00 Maximum (within 24 hours) $30.00 Special event $50.00 Monthly $200.00 (7) Marlins Park Garages: Daily, per hour $1.00 Maximum, per hour $5.00 City of Miami File ID: 16793 (Revision:) Printed On: 8/11/2025 Monthly parking $100.00 Rates not applicable during "MLB Events", "Other Events" or "Stadium Events" as defined by, and subject to any additional provisions of, the City Parking Agreement entered into on or about April 15, 2009, by and among the City of Miami, Miami -Dade County and Marlins Stadium Operator, LLC. (b) These parking garage rates may be increased by resolution of the off-street parking board to a maximum of three percent annually in any individual fiscal year, or at an accrued annual rate of three percent. The increase shall not exceed an accrued annual rate of three percent. (c) The following fees will be assessed during special events, film production, and construction uses for off-street parking garage rental within the above garages: (1) Fifty dollar administrative fee per event assessed for any parking space rental. (2) The rental rate of $30.00 $50.00 per off-street parking space per day will be assessed during special events and construction uses. (3) The rental rate of $30.00 $50.00 per off-street parking space per day will be assessed during film production in addition to a $2,000.00 flat fee. (d) Locations and applicable parking rates of new parking garages, and other parking facilities including parking lots which are not currently listed above, may be added by Resolution of the Off -Street Parking Board. Sec. 35-193. Municipal off-street parking lots. (a) The rates of charge for parking in municipal off-street parking lots are as follows: Central Business District: Lot No. 19, Biscayne Boulevard between S.E. 1 and N.E. 5 Street: Per hour $5.00 Special event $50.00 Lot No. 20, Chopin Plaza, S.E. 2 Street and Biscayne Boulevard: Per hour $5.00 Special event $50.00 Lot No. 43, 56 S.W. 1 Street: Per hour $5.00 Daily max $20.00 Coconut Grove Area: Lot No. 1, South Dixie Highway and S.W. 27 Avenue: Per hour $2.50 Per month $50.00 Lot 62, Pan American Drive: Per hour $2.50 Per month $150.00 Lot No. 71, 2710 South Bayshore Drive: Flat rate $20.00 Lot No. 72, South Bayshore Drive and Aviation Ave: Per hour $4.00 Max rate $20.00 Little River Area: Lot No. 7, Martin Luther King, N.W. 7 Avenue and 62 Street: Per hour $1.00 Per month $35.00 Allapattah Area: Lot No. 40, 17 Avenue and 35 Street N.W.: Per hour $1.00 Per month $45.00 Lot No. 68, Children's Museum: Per hour $2.00 Per month $75.00 City of Miami File ID: 16793 (Revision:) Printed On: 8/11/2025 Lot No. 70 Watson Island Boat Ramp: Vehicles $15.00 Boat ramp $20.00 Lot 82 (901 S.W. 15 Avenue): Daily, per hour $2.00 Marine Stadium: 3501 Rickenbacker Causeway: Per hour (daily including weekends) $10.00 Rates for special events shall vary depending on the event. Rates for boat trailers, (including trailers for motorized, and non -motorized watercrafts), will vary based on demand, size, and number of parking spaces being occupied. Maximum rate shall not exceed $50.00 per day (as measured by consecutive 24 hours). (b) All off-street parking lot rates include parking surcharge and all applicable sales taxes. These rates may be increased by resolution of the off-street parking board to a maximum of three percent annually in any individual fiscal year. The i ease shallnot exceed an accrued annual rate of three percent. (c) City employees who reside within the city will be able to receive a 20 percent discount for the purchase of one monthly parking permit, as long as they remain eligible. Each additional permit will be purchased at the regular price. City residents are eligible to receive a 20 percent discount when using the mobile payment platform, where applicable. (d) The following fees will be assessed during special events, film production, and construction uses for off-street parking lots: (1) Fifty dollar administrative fee per event assessed for any parking space rental. (2) The rental rate of $30.00 $50.00 per off-street parking space per day will be assessed during special events and construction uses for parking lots. (3) The rental rate of $30.00 $50.00 per off-street parking space per day will be assessed during film production in addition to a $2,000.00 flat fee. (e) New off-street parking lots which are not currently listed above, may be added by Resolution of the DOSP Board. ARTICLE V. COCONUT GROVE BUSINESS DISTRICT, DESIGN DISTRICT, WYNWOOD, WYNWOOD NORTE, AND DOWNTOWN FLAGLER DISTRICT PARKING IMPROVEMENT TRUST FUNDS Sec. 35-221. Coconut Grove Parking Improvement Trust Fund —Established. (a) There is hereby established a trust fund to be entitled the Coconut Grove parking improvement trust fund, (the "Coconut Grove parking trust fund") to be maintained and administered by the department of off-street parking into which funds shall be deposited and from which funds shall be withdrawn pursuant to this chapter Sections 35-221 through 35-224 to facilitate public off-street parking, transportation infrastructure improvements, and maintenance and marketing, inclusive of wayfinding signage, to serve the area referred to herein as "Coconut Grove Village Center" generally bound by Oak Avenue and Tiger Tail Avenue to the North, S.W. 27th Avenue, South Bayshore Drive, both sides of McFarlane from Grand Avenue to South Bayshore Drive, both sides of Grand Avenue from Margaret Street to Mary Street, both sides of Grand Avenue from Hibiscus Street to Margaret Street, both sides of Main Highway from Grand Avenue to Commodore Plaza, both sides of Commodore Plaza, and the North side of Main Highway from Commodore Plaza to Franklin Avenue consisting of that portion of the area formerly known as the SD-2 zoning district east of Margaret Street, that portion of the area formerly known as of the SD-17 zoning district west of S.W. 27th Avenue, and that zone designated G/I in the city's City of Miami File ID: 16793 (Revision:) Printed On: 8/11/2025 official zoning atlas and bounded by Charles Avenue on the south and Main Highway on the east and presently occupied by the Coconut Grove Playhouse through means which may include, but are not limited to, the following activities: (1) Acquire fee simple or other interest in land, and other real property for parking purposes; (2) Construct, maintain, operate, lease, manage, or otherwise provide off-street parking facilities for public use; (3) Provide public information to enhance parking utilization including publicity campaigns, graphics and wayfinding signage, and other informational devices; (4) Coordinate plans for parking facility improvements a€or expansion in conjunction with public transportation plans and operations in the vicinity, particularly the joint facilities that might be operated in connection with Metrorail and any feeder services existing or future; (5) Conduct studies, surveys, and data collection and prepare plans and specifications for complete streets and alternative right-of-way sections, including in conjunction with city, county, and/or state planning, engineering, and implementation of capital projects; (66) Provide accessibility to off-street parking facilities or alternative transportation facilities by suitable means such as public shuttle, tram or trolley service, a4or related physical improvements such as bus shelters and right-of-way modifications which may include, but is not limited to, the area from Bayshore Boulevard to the Coconut Grove Village Center; (67) Perform such other related activities as may be appropriate to carry out the intent of this article including, but not limited to, reimbursement of administrative costs, infrastructure improvements in the public right-of-way, contributing to maintenance of the public sidewalks within the business districtCoconut Grove Village Center defined herein, supporting alternative transportation facilities and operations, and marketing related to promoting any of the aforementioned activities in this Sectionas well as destination marketing; (b) Coconut Grove parking trust fund recipients may be public entities or public -private partnerships. (7c) It is the intent of this articloSection that at least 90 percent of the funds, as determined at the beginning of each fiscal year, in the trust fund shall be utilized for shall be allocated for purposes consistent with subsections (a)(1)—(67). At least ten percent of the funds must be maintained as reserves, inclusive of any administrative expenses; (6d) Any such shuttle, tram or trolley service; as mentioned in subsection (a)(€6)7 shall be subject to yearly evaluation of the Coconut Grove business improvement district board. (be) Parking calculations for new and adaptive developments shall be according to the Miami 21 Code if all parking is to be provided on site. If parking is to be provided by payment in lieu of required off-street parking, the Miami 21 Code shall be followed except for food service establishments as defined in the Miami 21 Code. Food service establishments shall have an additional supplemental parking space requirement of 1:150 per square foot and for sidewalk cafes, there shall be a supplemental parking space requirement of 1:100 per square foot. Payment into the trust fund of the supplemental parking is required prior to obtaining a certificate of use or temporary certificate of use. Sec. 35-222. Same —Funds made available; financial report. (a) Funds deposited in the Coconut Grove parking trust fund shall be made available to the Coconut Grove Business Improvement District ("BID") Board ("BID board") for the City of Miami File ID: 16793 (Revision:) Printed On: 8/11/2025 purposes set forth in section 35-221 and for administrative expenses after approval by the BID Board. BID shall submit financial reports to the City Commission on an annual basis. (b) A financial report on trust fund receipts and expenditures shall be prepared annually at the close of the fiscal year by the BID off-street parking department and presented to the BID board for its review and approval prior to filing with the city clerk. Sec. 35-223. Parking Waiver Certificates; Revocation of certificate of use for non payment of parking waivers. Certificates of waiver shall not be issued without full payment and only issued after verification by the Zoning Administrator, by or with any other applicable City departments, that such certificate of waiver is in compliance with the Miami 21 Code and the applicable parking requirements. Failure to make any payment required by this article shall cause the zoning administrator to revoke the parking waiver certificate and the certificate of use. The zoning administrator shall revoke a parking waiver certificate and a certificate of use if any required fees remain unpaid for more than 60 days after the date due. Said revocation of the parking waiver certificate and certificate of use shall be effective immediately upon the department of off-street parking's notification to the zoning administrator that the required fees remain unpaid for more than 60 days after the date due. The department of off-street parking shall notify the parking waiver certificate holder and certificate of use holder of the pending revocation by posting notice at the property, hand delivering a notice, or mailing a notice. A parking waiver certificate holder or certificate of use holder may reinstate the certificates by paying any unpaid fees. A parking waiver certificate holder or certificate of use holder may challenge the revocation by requesting a hearing with the zoning administrator within ten days of receiving notice. Upon presenting such evidence to the zoning administrator of proper payment, the zoning administrator shall immediately reinstate any revoked certificates. Failure to maintain a building permit as required in this article shall cause the zoning administrator to revoke the certificate of waiver. Any building permit procured as specified in this section must remain active at all times. If a building permit becomes inactive or is otherwise abandoned, a revocation of the certificate of waiver shall be initiated. The City shall not issue a certificate of use for the use of any property for which the parking requirements have not been satisfied as provided herein this section. In the event that a certificate of waiver is revoked by the zoning administrator or released in writing by the property owner prior to issuance of a certificate of occupancy, temporary certificate of occupancy, certificate of completion, certificate of use, or temporary certificate of use for the improvements that generated the parking requirements for which the certificate of waiver was issued, the BID shall apply a credit to run with the property and be available to apply towards a future certificate of waiver. Sec. 35-224. Schedule of fees and charges for Coconut Grove parking trust fund. The schedule of fees and charges to be assessed and paid into the Coconut Grove parking trust fund is as follows: (1) Fee in lieu of providing required off-street parking for sidewalk cafes. In addition to the $20.00 per square foot permit fee required by the resilience and public works department, as specified in section 54-223, there shall be paid an additional fee as set forth in subsections (3)c. and (3)e.herein, in lieu of providing required off-street City of Miami File ID: 16793 (Revision:) Printed On: 8/11/2025 parking, and said funds shall be paid monthly into the Coconut Grove parking trust fund. (2) All property owners currently in possession of base parking space waivers as provided in Ordinance 11052 as of December 1, 2024 shall pay $540.00, per space per year, payable monthly (the "annual payment"). The annual payment shall be inflation adjusted once at the end of each five-year period. The first inflation adjustment commenced on January 1, 2007, reflecting the change from the prior year only, using the consumer price index urban consumers (CPI-U). All property owners currently in possession of base parking space waivers shall have the option of converting the existing waivers to conform to the provisions set forth in subsection (3). This option shall not be available to property owners not in possession of such base parking space waivers as of December 1, 2024. Certificate of waiver holders as of December 1, 2024 participating in the installment payment program option must (i) procure a building permit process number on or before September 1, 2025 and subsequently obtain a building permit for construction within one year of procuring the process number or (ii) pay the balance on the installment agreement on or before September 1, 2025 and obtain a building permit within three years of paying the outstanding balance. Failure to procure a building permit process number, a building permit, or pay the balance on the installment agreement as specified in this subsection shall render the certificate of waiver null and void. If a certificate of waiver is rendered null and void, a credit will be given for any payments made minus any administrative costs incurred by the city and/or the BID. Fee in lieu of providing required off-street parking for the area formerly known as the SD-2 zoning district herein described as the "Coconut Grove Central Commercial District," which consists of three general areas. Area A generally consists of both sides of S.W. 37th Avenue from Oak Avenue to Grand Avenue, and both sides of Grand Avenue from Brooker Street to Hibiscus Street. Area B is generally bound to the North by Oak Avenue from Allamanda Street to Mary Street, Mary Street to the East, includes both sides of Grand Avenue from Margaret Street to Mary Street, both sides of McFarlane Road from Grand Avenue to South Bayshore Drive, both sides of Main Highway from Grand Avenue to Commodore Plaza including both sides of Commodore Plaza and Fuller Street. Area C includes the North Side of Main Highway from Charles Avenue to Franklin Avenue, shall be as follows: a. A purchase price of $5,400.00 $8,500.00 per half -space parking (residential) waiver and $17,000.00 per full -space parking (commercial or residential) waiver (thc "purchase price"). The purchase price shall be inflation adjusted once at the end of each five-year period. Thc first such adjustmcnt occurrcd on January 1st, 2007, reflecting thc changc from thc prior ycar only, using the consumer price index urban consumers (CPI-U). Thc purchase pricc shall bc paid in cithcr of the following two ways, at thc option of thc property owncr: fib. Permanent certificate of waiver. Paymcnt of thc purchase pricc may bo made at itime of application for a permanent certificate of waiver Upon receipt of the full purchase price and any reasonable applicable fees for administrative expenses as set by the BID from time to time in accordance with the provisions of this article, the city shall issue a "permanent certificate of waiver in lieu of providing physical parking spaces ("Certificate Waiver"), which shall be recorded by the property owner at the property owner's expense in the public records of Miami -Dade County, Florida, to thc property owncr. The permancnt certificate of waiver shall run with the land, and may bc leased to another--vvvi7 p+ r merly known D�2 distrTT (3) City of Miami File ID: 16793 (Revision:) Printed On: 8/11/2025 now known as the Coconut Grove Central Commercial District, with boundaries dcscribcd abovc. 2. Installment payment program. The purchase price may be paid in p mTent arter te'n years froTTr dater -exec t'i'onIT�T an installmeiTnR finent agreement for permanent certificate of waiver (thc "agreement"), with interest 'tc at one percce-rnr ni a nk prime rate. Ea� .srtallrmrr ncr all be referred -to asra payrmmenf Rank prime rate_si,t'airrefat4,__ rite set by thc uscd by the dcpartmcnt of off strcct parking (thc epa+-tment"). Ray ments 'loll be due on the fireach month (the "due date"). The property owner shall pay a late fee of five perccnt of cach paymcnt which is not rcccivcd within 15 days }�of thc duc da `ments not ,made wi n '2 ys a ter at h'lall—be � aarrg interest -cat th to of te�n-rpperccent p r anni im caIci iIat mon ply r ause of insufficient or i incoll ed fi ends in addition to any retl�-ram e6�,o,--�,���T„� eEtccrrarra��rr-acrcTrcrorrcv-arr� other -foe or charge d i� prop a fall able fora rota irned chcck chargc in thc amount of fivc percent of thc amount of thc chcck; in such cvcnt, thc department of off strcct parking may rcquirc that all futurc paymmenFts be made byi cashierci's-ch-recTl`. In the event any paymcenrtis R t rcccivcd by thc dcpartmcnt of off strcct parking within 90 da'. of thc duc datc, thc applicablc ccrtificate(s) of waivcr shall bc revoked by the zoning minis t,or a� prop a dal T y and all rights thereunder,and an i amoi rots paid pi irsi aTnrt-to the a{greemenrt, 'alll not bc entitled to participatc furthcr in thc installment paymcnt program, that bccomcs available. Notwithstanding thc foregoing, thc property owncr ncccssary monthly parking spacc waivcrs or makc full paymcnt. Rcscrvcd. Payment as set forth in subsections 35-224(3)(a) shall be due and payable prior to issuance of a building permit, including a phased permit; revisions to an existing building permit for any new construction or addition that generates additional required parking spaces; issuance of a certificate of use or temporary certificate of Use for any new construction or addition that generates additional required parking spaces; or substitution for parking previously to be provided on -site or off -site, whichever is earlier. Ed. The rental fcc in lieu of providing thc supplemental off strcct parking rcquircd for rcstaurants shall bc $600.00 per parking spacc, per year, to be paid on a monthly basis until a reduction of waiver certificate is obtained Reserved. d-e. Supplemental off strcct parking spaces ma„ be pursed fc�for-aaz e et forth in subscctions (3)1a1.1. or 2., as may bc applicablc. Reserved. e-f. All payments set forth in this subsection (3) shall be inflation -adjusted once at the end of each five-year period, the first such adjustment commenced on January 1 st, 2007, reflecting the change from the prior year only, through the consumer price index -urban consumers (CPI-U). Payment of the fees set forth in this subsections (3)a., b., and d., hereinabove shall permanently exempt the respective property from the corresponding parking requirement for such use as specified in the certificate of waiver. {/1) Security deposit; fees. At time of execution of the waiver application, except for those property owners participating in the installment payment agreement for permanent certificate of waive c property owner :hall providcythc dcpartmcnt of off street City of Miami File ID: 16793 (Revision:) Printed On: 8/11/2025 parking with a security deposit or with a performance bond in an amount sufficient to secure three months' payments under the waiver application. All documentation, including the form of the security deposit and the performance bond shall be subject to the approval of the city attorney as to form and correctness and the performance bond shall be subject to the review and approval of the city's risk manager. In the event the property owner fails to make payments fora total of three conseci hive months, the property owner shall forfeit any right and interest to the security deposit or performance bond, whichever may be applicable. Upon such default, the department of off-street parking shall retain the entire amount of the security deposit or performance bond. {5) Fees in subsections (1) through (3) shall be due and payable on the first of each month (i.e. due date). Fees not received within 15 days of the due date shall be charged a late fee of five percent of the amount due. Fees not received within 30 days o d ie date shall be charger) interest at the rate of ton percent nor anni im calculated monthly on the unpaid balance, including applicable late fees. (64) The City shall grant parking credit for buildings built prior to 1960 that have been demolished or may be demolished. (5) Upon enactment of a city ordinance pursuant to F.S. § 166.271, authorizing the collection and disbursement of parking surcharge fees for infrastructure and other purposes defined therein, the Coconut Grove business improvement trust fund would receive not more than 40 percent and not less than 20 percent of the parking surcharge fees derived from parking surcharge revenues from Coconut Grove (defined as that portion of the city bounded by the Rickenbacker Causeway and US-1 to the north and west, and the city limits to the west, south and east). Said distributions would be retained in a separate account to be used exclusively for the purposes set forth in the ordinance governing the use of parking surcharge funds. (86) Fees generated by the use of Coconut Grove sidewalks for sidewalk cafes for the purpose of contributing to the maintenance of the public sidewalks and infrastructure within those sidewalks in the business district as defined herein. {9) Funds budgeted for the maintenance and repair of all capital improvements within the district as defined herein. {10) Such other fees as may from time to time be authorized by the city commission. ARTICLE Vlll. PRIVATE PARKING LOTS Sec. 35-281. 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 fee in accordance with the provisions of this Code or other ordinances. (b) All private pay meters, pay stations or similar payment devices shall prominently display the name of the lot owner or operator and the lot owner or operator's phone number and email. The operator name and logo, if applicable, shall not resemble the type or logo of the Miami Parking Authority. City of Miami File ID: 16793 (Revision:) Printed On: 8/11/2025 Sec. 35-283. Signs indicating charges. (a) All perconcoperators properly licensed by the city to operate parking lots shall erect signs, one at each entrance of the parking lot for which a certificate of use and a business tax receipt is granted, or if only one entrance exists, then one sign at such entrance. Such signs are not to be smaller in size than two square feet, with letters not less than six 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 feet above the ground. If lots are not being attended and are run electronically or by multi -space, pay and display equipment, rate information and company contact information shall be prominently displayed on the machine. (b) Signage for private owners and operators must also include: hours of operation, owner or operator name, and owner or operator address and phone number and email. It shall also include a statement disclosure: Operated by a private company. (c) All signage shall be in compliance with the Miami 21 Code, 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. 35 292. Issuance of private parking violations prohibited. document which seek ese a monetary charge for any motor vehicle parked in a person or entity does not violate this section if the form of such document includes a ctatcmcnt in 1/1 point bold facc font, in substantially the following form: "THIS INVOICE IS PRIVATELY ISSUED, IS NOT ISSUED BY A GOVERNMENTAL AUTHORITY, AND IS NOT SUBJECT TO CIVIL OR CRIMINAL PENALTIES." (b) Any invoice i-sued in violation of this section is unenforceable. An invoice or document as referred to in this section shall not include anything called a ticket, citation, violation, or other similar such name. No non governmental person or entity shall create any such document which resembles in size or font that of a i-sued citation nor shall any such issuance bear the seal of the city or any other such governmental authority or bear any resemblance thereto. {c) Penalties; enforcement. {1) Any person or entity found to have authorized the i-nuance or i-sued any such invoice or document to any vehicle shall be subject to having their busine tax receipt and certificate of use revoked pursuant try section 3'1 it8 and section 2 211 of the City Code. {2) Any person or entity who i-sues or authorizes the i-nuance of any such invoice or document to any vehicle shall be subject to a $500.00 civil violation which may be cnforccd in accordancc with chaptcr 2, articic X of the City Codc. Any such invoice or document found to be placed upon any vehicle or electronically issued against the vehicle shall be prima facie evidence of a violation of this subsection. Each and every such issuance of an invoice or document shall be considered as a separate offense. {3) Any person or entity who irsues or authorizes to be irsued any such invoice or document invoice to any vehicle may be subject to penalties as described in section 1 13 of the City Code. City of Miami File ID: 16793 (Revision:) Printed On: 8/11/2025 may further seek enforcement through any civil action provided for by law. Secs. 35-293-35-300. Reserved. ARTICLE IX. VALET PARKING Sec. 35-302. Definitions. Director means director Chief Executive Officer of the City Department of Off-street Parking, or designee. Sec. 35-304. Permit fee; exceptions. The biannual annual, non-refundable permit fee for establishing or maintaining a valet parking service shall be $500.00 $1 400.00 from the effective date, paid to the department, i the amount of $500.00 plus in addition to the following ramping fees: Ramping fee: (1) If the operation of the valet parking service requires the rental of metered or non - metered parking spaces or area, the permittee/operator shall also pay a ramping fee of the rate established by DOSP per metered parking space or the rate for every 20 linear feet per day to the department. All rates are stated in section 35-194 of the parking rate ordinance. (ID)2 The city manager, the director, or their designees, may waive said permit fee and ramping fee for valet parking service exclusively serving a city -owned and operated facility. Sec. 35-305. Permit application. (a) Application for a permit to conduct a valet parking service shall be made at the department in a form deemed appropriate by the Director and City Attorney. Such application shall include, but not be limited to, the following information: (1) Name and address of the proposed permittee/operator. If incorporated, permittee/operator must provide copies of the articles of incorporation and bylaws; (2) Copy of a valid certificate of use and local business tax receipt issued by the city; (3) Copy of current liability insurance in accordance with the provisions of section 35-308 of this code; (4) Site plan (at an appropriate scale) showing the proposed tandem parking arrangement, if any, the lay -out and dimensions of the existing public right-of-way and adjacent private property, proposed location, size of proposed mobile stands, tables, chairs, umbrellas, keybox, location of doorways, location of trees, parking meters, bus shelters, sidewalk benches, trash receptacles, driveways, and any other sidewalk obstruction either existing or proposed within the pedestrian areas. Under no circumstances shall permanent structures or equipment be permitted. The site plan shall clearly identify the valet parking service area, and shall also show the proposed location, number of parking stalls and distance to the off-street parking facility providing the parking spaces for the valet parking service; (5) Photographs, drawings, or manufacturers' brochures fully describing the appearance of all proposed mobile stands, tables, chairs, umbrellas, keybox or other objects related to the valet parking service; and City of Miami File ID: 16793 (Revision:) Printed On: 8/11/2025 (6) Copy of the agreement/contract for the provision of the off-street parking spaces that includes identification of the location of vehicle storage spaces. (b) Applications shall be accompanied by an annual nonrefundable application fee of $150.00 $250.00. (c) Applications shall be forwarded by the director to all city departments which may be affected by the granting of the permit, including but not limited to, resilience and public works, building planning and zoning, police, and risk management. The city departments shall review and submit comments on the application(s) to the department within 45 calendar days. (d) Within 50 calendar days of receipt of a completed application, the director shall issue a letter of intent to approve or deny the permit. The director shall provide a copy of the permit approval or denial to the finance department when the decision is made. Sec. 35-306. Permit requirements, restrictions and when not permitted. (a) Permits shall be issued only for pedestrian areas and public right-of-way under the maintenance jurisdiction of the city. (b) Valet parking service shall be operated only by commercially licensed and insured vendors of parking services holding valid city local business tax receipts. (c) Permits shall be issued only to permittees/operators that provide certification, in a format approved by the director and city attorney, that they have procured sufficient accessible off- street parking spaces for their valet parking services. On -street parking spaces shall not be included in the computation of sufficient parking spaces for valet parking. (d) A permit shall not be issued when another valet parking permit has already been issued for a valet parking area immediately adjacent to the proposed permit area. Furthermore, a permit shall not be issued when the proposed permit area is on the same side of one city block of another valet parking area, unless authorized by the resilience and public works director. (e) Permits or a copy of a valid permit must be at valet ramping area at all times. Sec. 35-307. Standards and criteria for application review. The following standards and criteria shall be used in reviewing the application required in section 35-305: (1) The location of the valet parking service area is restricted to existing designated on -street parking spaces. (2) The width of the valet parking service area shall comprise a minimum of three parking spaces (approximately 60 linear feet). (3) Mobile stands, tables, chairs, umbrellas, keyboxes and any other objects necessary for the operation of the valet parking service shall be located on the sidewalk in such a manner that a minimum six-foot wide clear pedestrian path is maintained at all times. In areas of congested pedestrian activity, the director is authorized to require a wider pedestrian path, as circumstances dictate. Under no circumstances shall permanent structures or equipment be permitted, unless authorized by the resilience and public works director. Sec. 35-308. Liability and insurance. (a) Prior to the issuance of a permit, the permittee/operator shall furnish the director with a signed statement, approved by the city attorney, that the permittee/operator shall hold - harmless, indemnify and defend the city, its officers and employees and the department and board of directors, their officers and employees for any claims for damages to property or injury to persons which may be occasioned by any activity carried on under the terms of the permit. (b) Permittee/operator shall furnish and maintain such public liability and property damage insurance to protect from all claims and damage to property or bodily injury, including City of Miami File ID: 16793 (Revision:) Printed On: 8/11/2025 death, which may arise from operations under the permit or in connection therewith. Such insurance shall be provided from an insurance company with an A.M. Best rating of not less than "A" and a financial strength rating of not less than "X," acceptable to the risk management division, and shall provide coverage of not less than $1,000,000.00 for bodily injury, and property damage respectively per occurrence. Such insurance shall be without prejudice to coverage otherwise existing therein and shall name as additional insured the city, DOSP and board of directors, its officers and employees, and shall further provide that the policy shall not terminate or be canceled prior to the completion of the permit period without 45 days written notice to the risk management division and the director at the address shown in the permit. Additionally, permittee/operator shall provide "garage keepers" legal liability insurance providing collision and comprehensive coverage for vehicles under the control of the valet parking operator with a minimum of $500.000 per location with a maximum self -insured retention (SIR) or deductible of $1,000.00. (c) The permittee/operator shall provide proof of all required insurance prior to receiving the permit. Sec. 35-309. Form and conditions of permit. The permit shall be issued on a form deemed suitable by the director and city attorney. In addition to naming the permittee/operator, the conditions set forth in preceding sections of this article, and any other information deemed appropriate by the director, the permit shall also contain, the following conditions: (1) Each permit shall be effective in effect for six months, subject to biannual one- year, subject to annual renewal. Any renewal of a permit shall require compliance with all requirements for permits in the same manner as an original application. (2) The permit issued shall be personal to the permittee/operator only and shall not be transferable or refundable in any manner. (3) The permit may be temporarily suspended by the director for a "community" or "special event." The permittee/operator shall be entitled to a pro rata credit on the next permit payment due for any permit suspended a full business day or longer pursuant solely to this subsection. Advance notice will be provided to permittees/operators whenever practical. Sec. 35-311. Operational regulations and restrictions for valet parking service. (a) The public on-street/curbside parking spaces, metered or non -metered, shall only be used for ramping of vehicles. Ramping of vehicles shall consist of allowing the customer to enter or exit a vehicle and to turn it over to or retrieve it from a valet parking operator employee. Ramping shall only be permitted and operated in the public on-street/curbside spaces provided by the department for ramping. There shall be no storage of vehicles in the area used for ramping. A vehicle will be considered stored if it remains in the ramping area for more than ten minutes. Ramping spaces shall not be blocked by any type of sign, structure or other type of object. These spaces shall not be cordoned off by any type of signage, rope or barrier of any kind; (b) The permittee/operator shall possc.c; possess a valid local business tax receipt to operate the valet parking service within the city; (c) The permittee/operator shall maintain a key control booth at all valet parking locations until all cars have been claimed; or the permittee/operator shall have a 24 hour phone number for after hours vehicle pick up information. (d) The permittee/operator shall not load or unload passengers within traffic lanes that are open to through traffic; (e) The valet parking service shall not interfere with the regular flow of vehicular or pedestrian traffic. City of Miami File ID: 16793 (Revision:) Printed On: 8/11/2025 Sec. 35-312. Department denial, revocation, or suspension of permit; removal of equipment or personal property of the permittee/operator and storage fees. (a) The director may deny, revoke, or suspend a permit for any valet parking service authorized in the city if it is found that: (1) The permittee/operator has not maintained required insurance; (2) The director determines that the operation of a valet parking service, due to changing or changed conditions of pedestrian or vehicular traffic, cause congestion necessitating removal of valet parking service which endangers the health, safety or welfare of persons or property; unreasonably interferes with pedestrian or vehicular traffic; unreasonably interferes with the use of any pole, sign, fire hydrant, traffic signal or other object already permitted at or near the valet parking service area; or otherwise not in the public interest; or (3) The permittee/operator has failed to correct violations of this article or conditions of the permit within three days of the Director's notice of same being delivered in writing to the permittee/operator at the address shown on the permit application; (4) If permittee/operator is found in violation of the same offense three times within a permit period; (5) The permittee/operator made any false statements or omission of material fact on the application, site plan or elsewhere in connection with securing a permit. (6) The permittee/operator failed to properly pay and/or report operational, administrative, rental fees, and/or parking facility surcharges pursuant to sections 35- 194, 35-311, and 35-346 herein or any other applicable section of this Code. (b) Stands, tables, chairs, umbrellas, key boxes and other objects necessary for the operation of the valet parking service may be removed by the department or city, and a reasonable fee charged for labor, transportation, and storage, should the permittee/operator fail to remove said items at the close of business on a daily basis. Under no circumstances shall the city, the department and the board of directors, and its officers and employees be deemed responsible or liable in any way for any damage or loss resulting from the removal of the permittee/operator equipment and other objects necessary for the operation of the valet parking service. Furthermore, the permittee/operator agrees and acknowledges by accepting a permit issued pursuant to this article that the city, the department and the board of directors are to be held harmless in connection with its actions under this section. (c) Upon a finding of a violation by the director based on subsection (a)(6) herein and a finding of guilt after a hearing by the code enforcement board pursuant to chapter 2, article X of the City Code, the permittee/operator shall pay treble fees; shall have its permit, certificate of use, temporary certificate of use, and/or business tax receipt denied, revoked, or suspended for a period of two years; be subject to any penalties applicable pursuant to section 35-347 herein; and/or be subject to debarment pursuant to section 18-107 of the City Code. Payment of parking surcharge must be current and up to date, otherwise the permit is subject to revocation and the immediate suspension of valet services. (d) Upon denial or revocation, the director shall give notice of such action to the applicant or the permittee/operator in writing stating the action which has been taken and the reason thereof. If the action of the director is based on subsection(s) (a)(1) or (2) of this section, the action shall be effective upon giving such notice to permittee/operator. Otherwise, such notice application shall become effective within ten calendar days unless appeal to the city commission is made. Sec. 35-313. Appeals of permit denial or revocation by permittee/operator. (a) Appeals shall be initiated within ten business days of a permit denial or revocation by filing a written notice of appeal with the city manager, and a copy of same delivered the same day to the director. Any revocation effective immediately may also be appealed to the city commission by such filing within ten calendar days. (b) The city manager shall place the appeal on the first non -planning and zoning city commission agenda for which proper notice can be given to the permittee/operator and City of Miami File ID: 16793 (Revision:) Printed On: 8/11/2025 shall notify the director thereof. At the hearing the city commission may modify, grant or deny the appeal, and the decision of the city commission shall be final subject to appeal to the appropriate court of competent jurisdiction, according to the Florida Rules of Civil Procedure. (c) The filing of a notice of appeal by a permittee/operator shall not stay an order by the director to remove valet parking service or parts thereof. Vestiges of the valet parking service shall be removed immediately, pending disposition of the appeal and final decision of the city commission. *„ 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 ten (10) days upon final reading and adoption thereof. APPROVED AS TO FORM AND CORRECTNESS: rge Wy ng III, Cty ttor -y 11/12/2024 1 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. City of Miami File ID: 16793 (Revision:) Printed On: 8/11/2025