Miami-Dade Legislative Item
File Number: 072266
Printable PDF Format Download Adobe Reader  

File Number: 072266 File Type: Ordinance Status: Public Hearing
Version: 0 Reference: Control: Health and Public Safety Committee
File Name: FINES FOR PARKING IN HANDICAPPED ACCESS Introduced: 7/17/2007
Requester: NONE Cost: Final Action:
Agenda Date: 7/24/2007 Agenda Item Number: 4Q
Notes: Title: ORDINANCE RELATING TO MIAMI-DADE COUNTY TRAFFIC CODE; AMENDING SECTIONS 30-292 AND 30-388.32 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO PROHIBIT STOPPING, STANDING OR PARKING A VEHICLE IN A PLACE WHERE THERE IS HANDICAPPED ACCESS; INCREASING FINE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: NONE
Sponsors: Katy Sorenson, Prime Sponsor
  Sally A. Heyman, Co-Sponsor
  Rebeca Sosa, Co-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

Health and Public Safety Committee 9/17/2007 2E Withdrawn
REPORT: See Agenda Item 2E Substitute Legislative File No. 072644.

Board of County Commissioners 7/24/2007 Scheduled for a public hearing Health and Public Safety Committee 9/10/2007

Board of County Commissioners 7/24/2007 4Q Adopted on first reading 9/10/2007 P
REPORT: The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Health and Public Safety Committee on September 10, 2007, at 9:30 a.m.

County Attorney 7/17/2007 Referred Health and Public Safety Committee 9/10/2007

County Attorney 7/17/2007 Assigned William X. Candela 7/17/2007

Legislative Text


TITLE
ORDINANCE RELATING TO MIAMI-DADE COUNTY TRAFFIC CODE; AMENDING SECTIONS 30-292 AND 30-388.32 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO PROHIBIT STOPPING, STANDING OR PARKING A VEHICLE IN A PLACE WHERE THERE IS HANDICAPPED ACCESS; INCREASING FINE; 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:
Section 1. Section 30-292 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 30-292. Stopping, standing or parking prohibited in specified places.

(1) Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall:

(a) Stop, stand or park a vehicle:

1.On the roadway side of any vehicle stopped or parked at the edge or curb of a street;

2.On a sidewalk;

3.Within an intersection;

4.On a crosswalk;

5.Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless the Division of Road Operations of the Department of Transportation indicates a different length by signs or markings;

6.Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic;

7.Upon any bridge or other elevated structure upon a highway, causeway or within a highway tunnel, where parking is not provided for thereon;

8.On any railroad tracks;

9.On a bicycle path;

10.At any place where official traffic control devices prohibit stopping;

11.On the roadway side of any vehicle stopped or parked at the edge or curb of a street.

>>12. At any place where there is handicapped access.

13. Any violation of this section shall result in a fine of $150.<<

(b)Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:

1.In front of a public or private driveway;

2.Within fifteen (15) feet of a fire hydrant;

3.Within twenty (20) feet of a crosswalk at an intersection;

4.Within thirty (30) feet upon the approach to any flashing signal, stop sign or traffic control signal located at the side of a roadway;

5.Within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of said entrance (when property sign-posted);

6.On an exclusive bicycle lane;

7.At any place where official traffic control devices prohibit standing.

(c)Park a vehicle, whether occupied or not, except temporarily for the purpose of, and while actually engaged in, loading or unloading merchandise or passengers:

1.Within fifty (50) feet of the nearest rail of a railroad crossing, or bridge;

2.At any place where official signs prohibit parking.

(2)No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such a distance as is unlawful.

Section 2. Section 3-388.32 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 30-388.32. Penalty for violation of article.

(a)Violations of this article shall be punishable by the fine indicated below:

Schedule of Parking Fines and Costs
TABLE INSET:
Section No.
Initial Fine
Fine After
30 Days
Costs After
30 Days
Offense Charged
30-367
$33.00
$43.00
$14.00
Parking without valid license plate
30-378
18.00
31.00
14.00
Parking after violation shows on meter
30-378
18.00
31.00
14.00
Parking continuously in excess of maximum time permitted on meter
30-378
18.00
31.00
14.00
Parking for a period longer than designated on meter giving notice thereof
30-378
18.00
31.00
14.00
Parking improperly by not parking wholly within meter parking space
30-379
23.00
28.00
14.00
Parking improperly by not having front of vehicle next to meter or by making meter not visible from street
30-388.3
28.00
33.00
14.00
Prohibited at all times in certain places
30-388.4
28.00
33.00
14.00
Prohibited at all times on certain streets
30-388.5
28.00
33.00
14.00
Prohibited during certain hours on certain streets
30-388.6
23.00
28.00
14.00
Parking longer than time designated on signs on certain streets
30-388.7
23.00
28.00
14.00
Parking in other than parallel position on two-way roadway
30-388.7
23.00
28.00
14.00
Parking vehicle more than 12 inches from curb or edge of roadway
30-388.7
23.00
28.00
14.00
Parking vehicle in direction opposite to authorized traffic movement
30-388.8
23.00
28.00
14.00
Moving other person's parked vehicle without authority
30-388.9
28.00
33.00
14.00
Leaving vehicle, except delivery vehicle, for 5 minutes unattended without stopping engine and removing ignition key


30-388.9
28.00
33.00
14.00
Leaving unattended vehicle improperly on grade
30-388.10
28.00
33.00
14.00
Parking so as to obstruct traffic on street
30-388.11
28.00
33.00
14.00
Hazardous parking on street or highway outside municipality
30-388.12
33.00
43.00
14.00
Willfully obstructing street by impeding traffic or endangering movement of vehicles or pedestrians
30-388.13
28.00
33.00
14.00
Unlawful parking or obstructing traffic in alley
30-388.14
28.00
33.00
14.00
Parking more than half-hour during night hours prohibited by sign
30-388.16
28.00
33.00
14.00
Parking adjacent to school when prohibited by sign
30-388.17
28.00
33.00
14.00
Parking on narrow street when prohibited by sign
30-388.18
28.00
33.00
14.00
Parking on left-hand side of one-way street when prohibited by sign
30-388.19
28.00
33.00
14.00
Parking on lefthand side of one-way roadway of street with 2 or more roadways
30-388.20
28.00
33.00
14.00
Parking near hazardous or congested places
30-388.23
23.00
28.00
14.00
Parking in passenger curb loading zone
30-388.23
23.00
28.00
14.00
Using passenger curb loading zone for more than 5 minutes to load or unload passengers
30-388.24
23.00
28.00
14.00
Parking in freight curb loading zone
30-388.24
23.00
28.00
14.00
Using freight curb loading zone for more than 30 minutes
30-388.25
23.00
28.00
14.00
Parking in restricted parking zone
30-388.26
23.00
28.00
14.00
Bus or taxicab parked in business district other than at bus stop or taxicab stand, respectively
30-388.27
23.00
28.00
14.00
Parking in bus stop or taxicab stand
30-388.29
23.00
28.00
14.00
Improper angle parking
30-388.30
23.00
28.00
14.00
Loading or unloading at angle to curb without required permit
30-388.31
23.00
28.00
14.00
Parking truck of 1 ton or more in residential area for more than 1 hour

(b)Reduced fine schedule for persons pleading guilty by mail: Upon a finding that it will further the interests of justice and promote judicial economy, the Chief Judge may, by administrative order, reduce the fines prescribed in subsection (a) of this section.

(c)Except as set forth in subsection (a), above, [[and]] Section 30-447, >>and Section 30-292<<, all violations of ordinances and statutes regulating, prohibiting or otherwise controlling the parking of motor vehicles shall be punished by a fine not to exceed thirty dollars ($30.00), plus the surcharge provided in subsection (g) and, after thirty (30) days, the imposition of late penalties in the amount of twenty-three dollars ($23.00) to be distributed in accordance with this chapter, unless otherwise provided by ordinance, statute, or administrative order of the Chief Judge.

(d)In addition to the fines and costs referred to in subsection (a), upon a finding of guilty after trial, the Court shall assess court costs against the guilty party.

(e)The Chief Judge may, by administrative, order, designate and specially set aside five dollars ($5.00) for each assessment of costs referred to in subsection (a) for the establishment of a Parking System Trust Fund and a Court Facility Trust Fund. Three dollars ($3.00) shall be placed in the Parking System Trust Fund and the remaining two dollars ($2.00) shall be placed in the Court Facility Trust Fund. The Chief Judge and the Clerk of the Court may authorize expenditure to these funds for maintenance and enhancement of the Parking Violations Bureau and court facilities.
(f)The Clerk of the Courts may designate and specially set aside four dollars ($4.00) for each assessment of costs referred to in subsection (a) for the establishment of the Clerk's Service Enhancement Trust Fund which shall be used for the maintenance and enhancement of the functions of the Clerk.

(g)A surcharge of four dollars ($4.00) is imposed on parking fines and monies collected shall be placed in the School Crossing Guard Trust Fund as authorized by Section 316.660(4)(c), Florida Statutes.

Section 3. 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 4. 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 relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.

Section 5. This ordinance shall become effective ten (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.
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.