Ordinances - R5 K COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: November 9, 2016 11:20 a.m. Second Reading Public Hearing SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 106 OF THE MIAMI BEACH CITY CODE, ENTITLED "TRAFFIC AND VEHICLES," BY AMENDING ARTICLE II, ENTITLED "METERED PARKING," BY AMENDING DIVISION I, ENTITLED "GENERALLY," BY AMENDING SECTION 106-46, ENTITLED "INDIVIDUAL PARKING SPACE; METHOD OF PARKING"; BY CREATING SUBSECTION (C), SCOOTER, MOPED, MOTORCYCLE DESIGNATED PARKING SPACES AND PROHIBITIONS; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the Mayor and Commission approve the ordinance on second and final public hearing. ANALYSIS First Reading - October 26, 2016 The Mayor and City Commission approved Item No. R5A at First Reading of the Ordinance on October 26, 2016. The Ordinance amends the City Code and authorizes the City's Parking Director to establish scooter, moped, and motorcycle parking spaces in certain specified parking spaces and prohibit same in certain specified parking spaces. The City has experienced increased utilization of alternative vehicles, including scooters and motorcycles, which are environmentally friendly due to their low emissions as well as low expense to own, operate, and maintain. This increased usage of scooters and motorcycles has directly impacted parking demand and competition for curbside parking spaces. Regrettably, an unintended consequence has been citizens placing a scooter or motorcycle at a parking space with the intent to reserve it for later placement of an automobile, despite availability and specific designation of parking for scooters and motorcycles in the immediate area. Reserving a public parking space with the intent of private use, by any means, is prohibited. Page 391 of 1008
The City has the authority and duty to regulate curbside parking, including either prohibiting or allowing curbside parking for certain types of vehicles at certain designated parking spaces. The Mayor and Commission approved a six (6) month pilot program allowing scooter and motorcycle parking at certain designated parking spaces and their prohibition at certain other parking spaces. North Beach/Normandy Isle - Pilot Program The scooter and motorcycle parking pilot program was deployed over the last six months in Normandy Isle where there was a high occurrence of the activity described above. The boundaries for the pilot program were as follows: Bay Drive between 71 st Street and Rue Versailles. Biarritz Drive between Rue Versailles and Rue Vendome. Brest Esplanade between Biarritz Drive and Bay Drive. Rue Vendome between 71 st Street and Biarritz Drive. New Parking Rules for Scooters and Motorcycles: The pilot program designated specific curbside parking spaces for scooters and motorcycles throughout the neighborhood. In most locations, groupings of curbside parking spaces were deployed. These areas had signs very similar to the one below providing notice at the perimeter of the neighborhood (left) as well as the posted restriction (right) indicating the parking space designation. (Please see attached Exhibit Pictures A & B) All other curbside parking spaces in the area have markings prohibiting scooter and motorcycle parking. Most curbside parking spaces in this neighborhood are angled. Each angled parking space has wheel stop (barrier that keeps an automobile from extending into the sidewalk). Markings very similar to the one below were placed on each wheel stop indicating scooter and motorcycle parking is prohibited at any parking space bearing this marking. In cases where curbside parking is in a parallel configuration, the sign below may be attached to the curb in concert with signage. (Please see attached Exhibit Picture C) CONCLUSION In conclusion, the Administration recommends that the Mayor and City Commission approve an amendment, on second and final public hearing, to Chapter 106, Traffic and Vehicles Article II, Metered Parking by amending Sections 106-46; establishing, Subsection (c), providing for scooter, moped, and motorcycle parking designations; and providing for codification, repealer, severability, and an effective date. FINANCIAL INFORMATION No financial impact is anticipated. Page 392 of 1008
Legislative Tracking Parking Sponsor Commissioner John Elizabeth Aleman ATTACHMENTS: Description Exhbit Pictures Ordinance Page 393 of 1008
Exhibits A. B. C. Page 394 of 1008
ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 106 OF THE MIAMI BEACH CITY CODE, ENTITLED "TRAFFIC AND VEHICLES," BY AMENDING ARTICLE II, ENTITLED "METERED PARKING," BY AMENDING DIVISION I, ENTITLED "GENERALLY," BY AMENDING SECTION 106-46, ENTITLED "INDIVIDUAL PARKING SPACE; METHOD OF PARKING"; BY CREATING SUBSECTION (C), SCOOTER, MOPED, MOTORCYCLE DESIGNATED PARKING SPACES AND PROHIBITIONS; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City has experienced increased utilization of alternative vehicles, which include scooters, mopeds and motorcycles, which are environmentally friendly due to their low emissions and fuel consumption as well as their low expense to own, operate, and maintain; and WHEREAS, the increased usage of scooters, mopeds and motorcycles has directly impacted parking demand and competition for on-street parking spaces, and results in these vehicles parking in conventional parking spaces (thereby causing some individuals to reserve the parking space for the placement of an automobile), despite the availability and specific designation of parking for scooters, mopeds and motorcycles in the immediate area; and WHEREAS, the City Manager and Parking Director are legally authorized to regulate onstreet parking, including the prohibition or allowance of parking for certain vehicles at certain designated parking spaces; and WHEREAS, the City conducted a six (6) month pilot program in the North Beach/Normandy Isle neighborhood that allowed scooter, moped and motorcycle parking at certain designated parking spaces, and prohibited these vehicles from parking in other spaces, which Program proved to be very successful for the City and its residents; and WHEREAS, this amendment will serve to authorize the Parking Director to designate those specific parking spaces for scooters, mopeds and motorcycles throughout the City of Miami Beach, in conjunction with prohibiting these vehicles from utilizing other parking spaces. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Chapter 106, "Traffic and Vehicles," Article II, "Metered Parking," Division 1, "Generally," Section 106-46, entitled, "Individual Parking Space; Method of Parking Subsection (c) of the Code of the City of Miami Beach, Florida, is hereby established, as follows: Chapter 106. Traffic and Vehicles Article II. Metered Parking Division. 1 Generally Page 395 of 1008
Sec. 106-46. Individual parking spaces; method of parking. (a) (b) (c). The parking director of the city shall have lines or markings painted or placed upon the curb or upon the street adjacent to each parking meter for the purpose of designating the parking space for which such meter is to be used, and each vehicle parked adjacent or next to any parking meter shall park within the lines or markings so established. It shall be unlawful to park any vehicle across any such line or marking or to park such vehicle in such position that the same shall not be entirely within the area so designated by such lines or markings. When a parking space in any parking meter zone is parallel with the adjacent curb or sidewalk, any vehicle parked in such parking space shall be parked so that the foremost part of such vehicle shall be nearest to the parking meter. When a parking space in any parking meter zone is diagonal to the curb or sidewalk, any vehicle parked in such parking space shall be parked with the foremost part of the vehicle nearest to such meter. The parking director of the city may designate curbside parking spaces for scooter, moped, and motorcycle parking in either individual parking spaces or groupings of parking spaces. Parking spaces with such designation shall have either posted signs, curb markings, or pavement markings promulgating scooter, moped and motorcycle parking only. Parking for scooter, moped and motorcycles may be prohibited at other curbside parking spaces. Parking spaces with such designation shall either have a posted sign, curb markings or pavement markings promulgating the prohibition of scooter, moped and motorcycle parking, The failure to adhere to such restrictions will result in the vehicle being towed and/or fined. SECTION 2. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. 2 Page 396 of 1008
SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten (10) days following adoption. PASSED AND ADOPTED this day of, 2016. ATTEST: PHILIP LEVINE, MAYOR RAFAEL GRANADO, CITY CLERK Underscore denotes new language APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION (Sponsored by Commissioner John Elizabeth Aleman) 3 Page 397 of 1008