Miami-Dade Legislative Item
File Number: 010847
   

File Number: 010847 File Type: Ordinance Status: Withdrawn
Version: 0 Reference: Control: County Commission
File Name: DISPLAY OF VEHICLES FOR SALE Introduced: 4/3/2001
Requester: NONE Cost: Final Action: 5/8/2001
Agenda Date: 5/8/2001 Agenda Item Number: 4C
Notes: Title: ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA RELATING TO THE DISPLAY OF VEHICLES FOR SALE; AMENDING SECTION 30-202 TO CLARIFY THE DEFINITION OF THE WORD ''VEHICLE''; AMENDING SECTION 30-384 TO ALLOW THE IMPOUNDING OF VEHICLES ILLEGALLY DISPLAYED FOR SALE; AMENDING SECTION 30-388.15 TO PROVIDE FINES FOR VIOLATIONS; AMENDING SECTION 30-388.31.1 TO PROHIBIT PARKING FOR THE PURPOSE OF DISPLAYING A VEHICLE FOR SALE OR RENTAL IN AN AREA NOT ZONED FOR SUCH USE, AND TO PROVIDE FOR IMPOUNDING AND FINES FOR VIOLATIONS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: VEHICLES
Sponsors: Javier D. Souto, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 5/8/2001 4C Withdrawn
REPORT: (See 4C Substitute)

Board of County Commissioners 4/24/2001 4C Deferred 5/8/2001 P

Board of County Commissioners 4/12/2001 13E Adopted on first reading 4/24/2001 P

Board of County Commissioners 4/10/2001 13E Carried over 4/12/2001

County Attorney 4/9/2001 Assigned Jay W. Williams

Legislative Text


TITLE
ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA RELATING TO THE DISPLAY OF VEHICLES FOR SALE; AMENDING SECTION 30-202 TO CLARIFY THE DEFINITION OF THE WORD "VEHICLE"; AMENDING SECTION 30-384 TO ALLOW THE IMPOUNDING OF VEHICLES ILLEGALLY DISPLAYED FOR SALE; AMENDING SECTION 30-388.15 TO PROVIDE FINES FOR VIOLATIONS; AMENDING SECTION 30-388.31.1 TO PROHIBIT PARKING FOR THE PURPOSE OF DISPLAYING A VEHICLE FOR SALE OR RENTAL IN AN AREA NOT ZONED FOR SUCH USE, AND TO PROVIDE FOR IMPOUNDING AND FINES FOR VIOLATIONS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:


Section 1. Section 30-202 of the Code of Miami-Dade County, Florida, is hereby amended as follows:1
Sec. 30-202. Definitions.
* * *
(63) Vehicle. Every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. The term shall include >>but not be limited to<< boats mounted on trailers >>, recreational vehicles and motor homes<<.

Section 2. Section 30-384 of the Code of Miami-Dade County, Florida is hereby amended as follows:

Sec. 30-384. Impounding vehicles.

(a) Police officers or such other employees as may be designated by the County Manager are authorized to remove a vehicle to the nearest garage or other place of safety, or to a garage designated or maintained by the County or by a municipality under the circumstances hereinafter enumerated.

* * *

(14) When a vehicle is displayed on a >>private street,<< vacant lot >>,<< [[or]] parking lot >>or private property<< for the principal purpose of displaying such vehicle >>or other personal property thereon<< for sale >>or rental<< in violation of Section 30-388.31.1

* * *

Section 3. Section 30-388.15 of the Code of Miami-Dade County, Florida is hereby amended as follows:

Sec. 30-388.15. Parking prohibited for certain purposes.

>>(a)<< No person shall park a vehicle upon any street or public right-of-way for the principal purpose of:

(1) Displaying such vehicle for sale.
(2) Washing, greasing, or repairing such vehicle, except repairs necessary in an emergency.
(3) Displaying advertising.
(4) Selling merchandise from such vehicle except in a duly established market place, or when so authorized or licensed under the ordinances of this County.
(5) Storage, or as junkage or dead storage for more than twenty-four (24) hours.

>>(b) All violations of this section shall be punishable by a fine of one hundred dollars ($100.00) for the first vehicle on a first offense and five hundred dollars ($500.00) per vehicle for each additional vehicle and any repeat violation of this section, and the vehicle shall be towed if not removed immediately by the owner. (Vehicle owners will be responsible for all fines, towing fees, storage fees, and any administrative and enforcement fees that result from the enforcement of this section.) The County may lien the vehicle and any real property owned by the violator in Miami-Dade County until all fines, enforcement costs, and administrative costs are paid by the violator.<<

Section 4. Section 30-388.31.1 of the Code of Miami-Dade County,

Florida is hereby amended to read as follows:

Sec. 30-388.31.1. Parking prohibited for display for sale.

(a) No person shall park a vehicle upon a >>public or private street, public right-of-way, parking lot,<< vacant lot >>,or private property<< for the principal purpose of displaying such vehicle >>or other personal property thereon<< for sale >>or rental<< in violation of the zoning provisions of Chapter 33 of this Code >>or<< of the applicable licensing provisions of Florida Law >>, unless said property is properly zoned for that type of business at that location and the vendor is duly licensed to transact such business at that location.<<

>>(b) Police officers, Code Enforcement Officers, or such other persons designated by the County Manager, shall be authorized to have the vehicle towed to a garage designated or maintained by the County or a County contracted towing company.<<

[[(b)]] >>(c)<< All violations of this section shall be punishable by a fine of one hundred dollars ($100.00) >>for the first vehicle on a first offense and five hundred dollars ($500.00) per vehicle for each additional vehicle and any repeat violation of this section, and the vehicle shall be towed if not removed immediately by the owner. (Vehicle owners will be responsible for all fines, towing fees, storage fees, and any administrative and enforcement fees that result from the enforcement of this section.) The County may lien the vehicle and any real property owned by the violator in Miami-Dade County until all fines, enforcement costs, and administrative costs are paid by the violator<<.

Section 5. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.

Section 6. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any Sunset provision, shall become and be made a part of the Code of Miami-Dade County, 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 7. This ordinance shall become effective 10 days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.

Section 8. This ordinance does not contain a sunset provision.
1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



Home  |   Agendas  |   Minutes  |   Legislative Search  |   Lobbyist Registration  |   Legislative Reports
2014 BCC Meeting Calendar  |   Miami-Dade County Code of Ordinances   |   ADA Notice  |  

Home  |  Using Our Site  |  About Phone Directory  |  Privacy  |  Disclaimer

E-mail your comments, questions and suggestions to Webmaster  

Web Site 2014 Miami-Dade County.
All rights reserved.