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Item R5T

R5T - Enhance Private Parking Signage

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AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 106 OF THE CITY CODE, ENTITLED โ€œTRAFFIC AND VEHICLES,โ€ BY AMENDING ARTICLE III, ENTITLED โ€œOFF-STREET PARKING LOTS AND FACILITIES,โ€ BY AMENDING SECTION 106-118, ENTITLED โ€œPRIVATE PROPERTY USED FOR MOTOR VEHICLE PARKING; SIGNAGE REQUIRED; PENALTIES,โ€ BY AMENDING, SUPPLEMENTING, AND ENHANCING THE SIGNAGE REQUIREMENTS APPLICABLE TO OWNERS AND OPERATORS OF PRIVATE PROPERTY WHEN SUCH PROPERTY IS OPEN TO THE PUBLIC FOR PAID MOTOR VEHICLE PARKING; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ย 

September 17, 2025
Sponsors
City Attorney
Commissioner Alex Fernandez
Commissioner Alex Fernandez

Detailed Information

Cached: 1 week ago

Ordinances - R5 T

COMMISSION MEMORANDUM

TO:
Honorable Mayor and Members of the City Commission
FROM:
City Attorney Ricardo J. Dopico
DATE:
September 17, 2025

10:55 a.m. First Reading Public Hearing

TITLE:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 106 OF THE CITY CODE, ENTITLED โ€œTRAFFIC AND VEHICLES,โ€ BY AMENDING ARTICLE III, ENTITLED โ€œOFF-STREET PARKING LOTS AND FACILITIES,โ€ BY AMENDING SECTION 106- 118, ENTITLED โ€œPRIVATE PROPERTY USED FOR MOTOR VEHICLE PARKING; SIGNAGE REQUIRED; PENALTIES,โ€ BY AMENDING, SUPPLEMENTING, AND ENHANCING THE SIGNAGE REQUIREMENTS APPLICABLE TO OWNERS AND OPERATORS OF PRIVATE PROPERTY WHEN SUCH PROPERTY IS OPEN TO THE PUBLIC FOR PAID MOTOR VEHICLE PARKING; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.

RECOMMENDATION

BACKGROUND/HISTORY

ANALYSIS

The proposed ordinance, sponsored by Commissioner Alex Fernandez, is submitted for consideration by the Mayor and City Commission.

Despite originally enacting section 106-118 of the City Code in December 2024, the City Administration, along with the Mayor and City Commission, have continued to receive complaints from members of the public concerning private parking lots that may appear to be, or be reasonably mistaken for, public or City-owned property.

Consequently, members of the public who park in private lots or facilities without clear knowledge that they are on private property are subject to towing and/or heavy penalties, which can be a major inconvenience, an unexpected expense, and a distressing experience. Moreover, the potential for such confusion is especially burdensome for parents with strollers or young children and for people with disabilities, for whom the towing of a vehicle poses heightened practical and personal hardship.

Accordingly, the proposed Ordinance aims to further ensure that private properties open to the public for paid motor vehicle parking are clearly and unequivocally identified as such through the prominent posting of additional signage in order to avoid any uncertainty or confusion. In an attempt to do so, the proposed Ordinance would impose the following requirements upon owners and operators of private properties open to the public for paid motor vehicle parking: the installation on the private property, at typical driver eye-level, โ€œPrivate Propertyโ€ signage at each driveway access or curb cut allowing vehicular access to the property; the affixing of stickers, which clearly identify the lot or facility as private property, to the front of every sign displaying any

payment information and to the front of every pay-on-foot meter located within the private property; and requiring the owner or operator to install at the head of every parking space designated for use by a disabled person, at typical driver eye-level, a sign which clearly, legibly, and prominently states the following: PRIVATE PROPERTY โ€“ PAYMENT REQUIRED โ€“ TOW AWAY ZONE โ€“ DISABLED PERMITS NOT ACCEPTED IN LIEU OF PAYMENT.

FISCAL IMPACT STATEMENT

The sponsor of this item requests that the Administration be prepared to address the fiscal impact of this proposed measure, if any, at the City Commission meeting.

Does this Ordinance require a Business Impact Estimate? Yes (FOR ORDINANCES ONLY)

If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/

FINANCIAL INFORMATION

CONCLUSION

Applicable Area

Citywide

Is this a โ€œResidents Right to Knowโ€ item, pursuant to City Code Section 2-17?

Is this item related to a G.O. Bond Project?

No

No

Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No

If so, specify the name of lobbyist(s) and principal(s):

Department

City Attorney

Sponsor(s)

Commissioner Alex Fernandez

Co-sponsor(s)

Condensed Title

10:55 a.m. 1st Rdg PH, Private Paid Parking Lot Signage. (Fernandez) CA

Previous Action (For City Clerk Use Only)

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