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File ID: #4928
Ordinance
First Reading
Sponsored by: Joe Carollo, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE IX
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED
"MOTOR VEHICLES AND TRAFFIC/VALET PARKING," MORE PARTICULARLY BY
AMENDING SECTION 35-312 OF CITY CODE, TITLED "DEPARTMENT DENIAL,
REVOCATION, OR SUSPENSION OF PERMIT; REMOVAL OF EQUIPMENT OR PERSONAL
PROPERTY OF THE PERMITTEE/OPERATOR AND STORAGE FEES," TO PROVIDE FOR
THE ESTABLISHMENT OF ADDITIONAL PENALTIES, UPON A FINDING OF GUILT BY THE
CODE ENFORCEMENT BOARD, FOR FAILURE TO PROPERLY PAY AND/OR REPORT
FEES FOR VALET PARKING OR OPERATIONAL FEES FOR PARKING FACILITY
SURCHARGES OR FAILURE TO SUBMIT ACCURATE RECORDS AND/OR FAILURE TO
ALLOW EXAMINATION OF RECORDS OR OTHERWISE FULLY COMPLY WITH THE
REGULATIONS PURSUANT TO THE CITY OF MIAMI'S VALET PARKING ORDINANCE
REQUIREMENTS, INCLUDING TREBLE PAYMENT OF FEES; DENIAL, REVOCATION, OR
SUSPENSION OF THE PERMIT, CERTIFICATE OF USE, TEMPORARY CERTIFICATE OF
USE, AND/OR BUSINESS TAX RECEIPT FOR UP TO TWO (2) YEARS; AND/OR
DEBARMENT PURSUANT TO THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE.
City of Miami File ID: 4928 (Revision: 8) Printed On: 1/15/2019
G1Y OFA
Cit of Miami
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Ordinance
Enactment Number: 13809
File Number: 4928 Final Action Date: 11/15/2018
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
35/ARTICLE IX OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("CITY CODE"), TITLED "MOTOR VEHICLES AND TRAFFIC/VALET PARKING,"
MORE PARTICULARLY BY AMENDING SECTION 35-312 OF CITY CODE, TITLED
"DEPARTMENT DENIAL, REVOCATION, OR SUSPENSION OF PERMIT; REMOVAL
OF EQUIPMENT OR PERSONAL PROPERTY OF THE PERMITTEE/OPERATOR
AND STORAGE FEES," TO PROVIDE FOR THE ESTABLISHMENT OF ADDITIONAL
PENALTIES, UPON A FINDING OF GUILT BY THE CODE ENFORCEMENT BOARD,
FOR FAILURE TO PROPERLY PAY AND/OR REPORT FEES FOR VALET PARKING
OR OPERATIONAL FEES FOR PARKING FACILITY SURCHARGES OR FAILURE TO
SUBMIT ACCURATE RECORDS AND/OR FAILURE TO ALLOW EXAMINATION OF
RECORDS OR OTHERWISE FULLY COMPLY WITH THE REGULATIONS
PURSUANT TO THE CITY OF MIAMI'S VALET PARKING ORDINANCE
REQUIREMENTS, INCLUDING TREBLE PAYMENT OF FEES; DENIAL,
REVOCATION, OR SUSPENSION OF THE PERMIT, CERTIFICATE OF USE,
TEMPORARY CERTIFICATE OF USE, AND/OR BUSINESS TAX RECEIPT FOR UP
TO TWO (2) YEARS; AND/OR DEBARMENT PURSUANT TO THE CITY CODE;
CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in 2004, the City of Miami ("City") adopted a Valet Parking Ordinance which
regulates the operation of all permanent valet parking stands within the City; and
WHEREAS, Permittees/Operators of valet parking are now required to submit formal
applications to be reviewed and approved by various City Departments; and
WHEREAS, the City's valet parking program is administered by the Department of Off -
Street Parking a/k/a the Miami Parking Authority ("MPA"); and
WHEREAS, currently, Permittees/Operators are required to report and pay fees for
operating a valet parking service; and
WHEREAS, it is in the interests of the public health, safety, recreation, and general
welfare of the residents of the City to establish treble payment of fees; denial, revocation, or
suspension for up to two (2) years; and/or debarment of permittees/operators which fail to
properly pay and/or report the appropriate fees regarding parking facility surcharges pursuant to
the Code of the City of Miami, Florida, as amended ("City Code");
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 fully set forth in this Section.
City of Miami File ID: 4928 (Revision: 8) Printed On: 1/15/2019
Section 2. Chapter 35, Article IX of the City Code is amended to read as follows:'
"CHAPTER 35
MOTOR VEHICLES AND TRAFFIC
ARTICLE IX. VALET PARKING
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 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 quilt 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
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
unchanaed material.
City of Miami File ID: 4928 (Revision: 8) Printed On: 1/15/2019
period of two (2) 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.
(Gd) 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. Otherwise, such notice application shall
become effective within ten calendar days unless appeal to the city commission is made.
*„
Section 2. 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 3. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
1 1
i 4naindez, City Attor iey
10/1/2018 i i . ndez, City Attor ey 11/2/2018
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.
City of Miami File ID: 4928 (Revision: 8) Printed On: 111512019