R5L - Enhance Private Parking Signage

Ordinances - R5 L

R5 L AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 106 OF THE CITY CODE, ENTITLED “TRAFFIC AND VEHICLES,” BY AMENDING ARTICLE III, ENTITLED “OFF-STREET PARKING LOTS AND FACILITIES,” BY AMENDING SECTION 106- 118, ENTITLED “PRIVATE PROPERTY USED FOR MOTOR VEHICLE PARKING; SIGNAGE REQUIRED; PENALTIES,” 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. Applicable Area:

COMMISSION MEMORANDUM

DATE:

RECOMMENDATION

BACKGROUND/HISTORY

ANALYSIS

The proposed Ordinance, sponsored by Commissioner Alex Fernandez, has been 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, “Private Property” 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 – PAYMENT REQUIRED – TOW AWAY ZONE – DISABLED PERMITS NOT ACCEPTED IN LIEU OF PAYMENT.

The proposed Ordinance has been amended after first reading to clarify that signage must be unobstructed and clearly visible, in addition to adding that all required signage and stickers will be produced by the City and provided to private parking lot owners and operators upon payment of the City’s administrative cost of production as specified in Appendix A of the City Code. The proposed Ordinance has also been amended to clarify that any owner or operator that fails to comply with the requirements of the Ordinance shall be cited and fined $100 per sign or sticker per day for a first violation and $250 per sign or sticker per day for each subsequent violation.

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: 10/10/2025 See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/

FINANCIAL INFORMATION

CONCLUSION

Applicable Area

Citywide

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)

Commissioner Tanya K. Bhatt Commissioner Laura Dominguez Commissioner Joseph Magazine Mayor Steven Meiner Commissioner Kristen Rosen Gonzalez Commissioner David Suarez

Condensed Title

10:25 a.m. 2nd Rdg, Private Paid Parking Lot Signage. (AF/TB/LD/JM/SM/KRG/DS) CA

Previous Action (For City Clerk Use Only)

First Reading Public Hearing on 9/17/2025 - R5 T

ORDINANCE NO.

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 106 OF THE CITY CODE, ENTITLED "TRAFFIC AND VEHICLES," BY AMENDING ARTICLE Ill, ENTITLED "OFF-STREET PARKING LOTS AND FACILITIES," BY AMENDING SECTION 106-118, ENTITLED "PRIVATE PROPERTY USED FOR MOTOR VEHICLE PARKING; SIGNAGE REQUIRED; PENALTIES," 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.

WHEREAS, 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; and

WHEREAS, members of the public who park in such 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; and

WHEREAS, 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; and

WHEREAS, the purpose of this ordinance is 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.

NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:

SECTION 1. That Section 106-118 of Article 111 of Chapter 106 of the Miami Beach City Code is hereby amended as follows:

CHAPTER 106

TRAFFIC AND VEHICLES

$ k k

ARTICLE Ill. OFF-STREET PARKING LOTS AND FACILITIES

t k ¥

Sec. 106-118. Private property used for motor vehicle parking; signage required; penalties.

(a)

Every owner or operator of a private property that is open to the public for paid motor vehicle parking shall place signage, including stickers, to be provided produced by the City and provided to the private property owners and operators upon payment of the City's administrative cost of production as specified in Appendix A of the city code, stating that the

property is private property and is not a public parking facility operated by a governmental entity. Such signage and stickers shall be installed entirely on private property as set forth in subsections (a)1), (a)2), and (c) herein.

(1)

A sign structure with the required signage shall be prominently placed and permanently installed at each driveway access or curb cut allowing vehicular access to the property within 5 feet from the public right-of-way line, with the bottom of each sign not less than 4 feet above ground level and the top of each sign not more than 10 feet above ground level installed at typical driver eye level (approximately four feet above ground level), and each such required sign shall be unobstructed. legible. and clearly visible to motor vehicle operators entering the property.

(2)

A sticker, clearly and legibly identifying the lot or facility as private property, shall be prominently affixed 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.

(b)

The signage and stickers required by subsections (a)1)(a)2) and (c) herein, which shall be in a form approved by the Mayor and City Commission pursuant to duly enacted resolution, shall be in addition to any signs or notices required pursuant to Fla. Stat. § 715.07, Fla. Stat. $715.075, County Code section 30-474, or any other provision of law.

(c)

Any owner or operator that fails to comply with the requirements of this section shall be cited by the City's code compliance department and fined $100.00 per day for a first violation and $250.00 per day for each subsequent violation. At the head of every parking space designated for use by a disabled person, as commonly marked with blue striping and/or signage, the owner or operator of a private property that is open to the public for paid motor vehicle parking shall install a sign, at typical driver eye level, which clearly, legibly, and prominently states the following: PRIVATE PROPERTY - PAYMENT REQUIRED - TOW AWAY ZONE-DISABLED PERMITS NOT ACCEPTED IN LIEU OF PAYMENT. This sign shall be in addition to any signs or notices required pursuant to Fla. Stat. § 553.5041 (6) or any other provision of law .

(d)

Any owner or operator that fails to comply with the requirements of this section shall be cited by the City's code compliance department and fined $100.00 per sign or sticker per day for a first violation and $250.00 per sign or sticker per day for each subsequent violation.

* k *

SECTION 2. REPEALER.

All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.

SECTION 3.

SEVERABILITY.

If any section. sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance.

2

Exhibit "A"

FEE SCHEDULE

Pursuant to section 1-15 of this Code, this appendix includes all fees and charges established by the city commission that are referred to in the indicated sections of the Code of Ordinances. Certain specified fees and charges, as identified herein, shall be subject to annual adjustment by the city manager, pursuant to the provisions of section 1-15 and this Appendix "A". A schedule of all current city fees and charges as set forth in Appendix "A" shall be maintained on the City's website.

l

k

FY 2025 Fee

171.00

Annual Adjustment (References shown are defined at the end of this Appendix A) [A]

Article Ill. Off-Street Parking Lots and Facilities 18x24 Signs for Vehicular Access Entry Points

39.43

BI

k

106- 118a\(1) 106- 118(a\2) 106-118(c)

110-39e)

$

¥

4

k

SECTION 4.

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 a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.

SECTION 5. EFFECTIVE DATE.

This Ordinance shall take effect the

day Of ' 2025.

ATTEST:

Steven Meiner, Mayor

Rafael E. Granado, City Clerk

Underline denotes additions. Strikethrough denotes deletions. Double underline denotes additions after first reading. Double strikethrough denotes deletions after first reading.

(Sponsored by Commissioner Alex J. Fernandez)

APPROVED AS TO

FORM & LANGUAGE

& FOR EXECUTION

>

City Attorney

3

/,

Date

,At