Miami-Dade Legislative Item
File Number: 081968
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File Number: 081968 File Type: Ordinance Status: In Committee
Version: 0 Reference: Control:
File Name: ZONING; MOTOR VEHICLE REPAIR Introduced: 6/20/2008
Requester: NONE Cost: Final Action:
Agenda Date: Agenda Item Number: 4
Notes: 6 WKS 4WKS REQUIRED Title: ORDINANCE RELATING TO ZONING AND MOTOR VEHICLE REPAIRS; AMENDING SECTION 33-247 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA (''CODE'') TO PROVIDE FOR CERTAIN ANCILLARY SERVICES FOR AUTOMOBILE NEW PARTS AND EQUIPMENT SALES FACILITIES; AMENDING SECTION 8A-161.3 OF THE CODE TO EXEMPT CERTAIN PROVIDERS OF MINIMAL AUTOMOBILE MAINTENANCE REPAIRS FROM THE APPLICATION OF THE MOTOR VEHICLE REPAIR ORDINANCE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: ZONING
Sponsors: Sally A. Heyman, 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

Governmental Operations and Environment Committee 9/9/2008 3D Forwarded to BCC without a recommendation F
REPORT: Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed ordinance into the record. Chairwoman Seijas opened the public hearing on the foregoing ordinance, and seeing no one wishing to speak, the public hearing was closed. In response to Commissioner Diaz question of how this ordinance would be enforced, Ms. Cathy Peel, Director, Consumer Services Department (CSD), noted this ordinance would be enforced by CSD pursuant to the Motor Vehicle Repair Ordinance on a random consumer complaint basis, and the CSD would respond to industry complaints as well. She explained that 67 businesses, currently registered as motor vehicle repair facilities, would be excluded from the Motor Vehicle Repair Ordinance provided that an employee performed only minimal services incidental to the sale of an automobile part purchased from their store and that the service was limited to 20 minutes or less. She noted the foregoing ordinance specified that the facilities could not charge for this service or include added charges to the parts purchased. In response to Commissioner Martinez question regarding how this ordinance came about, Ms. Peel said she was unaware of the reason, but noted any auto parts store continuing to do repairs outside the store, were required to have a motor vehicle repair license pursuant to the Motor Vehicle Repair Ordinance. In response to Commissioner Gimenez question whether anyone had ever received a citation for doing minor repairs outside an auto parts store, Ms. Peel noted, in the past, the CSD’s enforcement staff had approached auto repair shops that were not registered as a motor vehicle repair facilities, and advised them that they were required to have a registration to perform these services. She further noted the registration cost was $200, the apprenticeship fee for employees performing the services was $15, and the insurance cost was about $1,500. In response to Commissioner Martinez’ question whether auto parts stores that chose not to provide vehicle repair services would be mandated to meet the registration, insurance and other requirements, Ms. Peel stated that as long as the stores were not providing the repair services, they would not be subject to the Motor Vehicle Repair Ordinance. In response to Commissioner Gimenez’ question whether an auto parts store employee assisting a customer with a minor service would be required to have a registration, apprenticeship and insurance under the foregoing ordinance, Ms. Peel said no, provided this ordinance passed. Following Chairperson Seijas’ comments, it was moved by Commissioner Edmonson that the foregoing proposed ordinance be forwarded to the County Commission without a recommendation to allow the sponsoring Commissioner to explain her intent. This motion was seconded by Commissioner Diaz, and upon being put to a vote, the motion failed 3-3.

Board of County Commissioners 7/2/2008 Municipalities notified of public hearing Governmental Operations and Environment Committee 9/9/2008 7/1/2008

Board of County Commissioners 7/1/2008 Tentatively scheduled for a public hearing Governmental Operations and Environment Committee 9/9/2008

Board of County Commissioners 7/1/2008 4D Adopted on first reading 9/9/2008 P
REPORT: Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. There being no questions or comments, the Board proceeded to vote. The foregoing proposed ordinance was adopted on first reading and scheduled for public hearing before the Governmental Operations Committee on Tuesday, September 09, 2008 at 9:30 a.m.

Board of County Commissioners 6/23/2008 Requires Municipal Notification Governmental Operations and Environment Committee 9/9/2008

County Attorney 6/20/2008 Assigned Governmental Operations and Environment Committee 9/9/2008

County Attorney 6/20/2008 Assigned Eduardo I. Sanchez

Legislative Text


TITLE
ORDINANCE RELATING TO ZONING AND MOTOR VEHICLE REPAIRS; AMENDING SECTION 33-247 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA (“CODE”) TO PROVIDE FOR CERTAIN ANCILLARY SERVICES FOR AUTOMOBILE NEW PARTS AND EQUIPMENT SALES FACILITIES; AMENDING SECTION 8A-161.3 OF THE CODE TO EXEMPT CERTAIN PROVIDERS OF MINIMAL AUTOMOBILE MAINTENANCE REPAIRS FROM THE APPLICATION OF THE MOTOR VEHICLE REPAIR ORDINANCE; 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 33-247 of the Code of Miami-Dade County is hereby amended as follows:1
Sec. 33-247. Uses permitted.

No land, body of water and/or structure shall be used or permitted to be used, and no structure shall be hereafter erected, constructed, reconstructed, moved, maintained or occupied for any purpose in any BU-1A District, except for one (1) or more of the following uses:

* * *

(3) Automobile new parts and equipment, sales only.>> Notwithstanding the provisions of Section 33-251.2 to the contrary, as an ancillary service, a facility selling new automobile parts and equipment may perform minimal automobile maintenance repairs in that facility’s on-site designated parking area, provided that all of the following conditions are satisfied:

(a) such repairs are performed at no charge, solely as a courtesy for which no payment is charged or received;

(b) the sum of the repairs performed on an individual vehicle shall take no more than a total of twenty (20) minutes to perform;

(c) such repairs shall not include oil changes, oil filter changes, transmission fluid changes, transmission fluid filter changes, engine coolant or engine anti-freeze changes, brake fluid changes, or power steering fluid changes;

(d) the price(s) charged by the facility for automobile parts or equipment is not increased because of the performance of such repairs;

(e) the repairs are performed by an employee of the facility; and

(f) all residual, discarded, or waste products, parts, equipment, packaging, fluids, and other materials left over from such repairs are stored or disposed of by the facility immediately after the completion of the repairs, in compliance with all applicable laws, ordinances, and regulations governing the storage, handling, and disposal of such items.<<

* * *

Section 2. Section 8A-161.3 of the Code of Miami-Dade County is hereby amended as follows:
Sec. 8A-161.3. Exemptions; conflict.

* * *

(b) Unless the act or practice of repairing, servicing or reconditioning of a motor vehicle or engaging in the activity of a master or specialty mechanic or a paint/body technician is adopted for the purposes of evading or avoiding the provisions of this article, this article shall not apply to a person who:

* * *

>> (8) When engaged in the business of selling automobile new parts and equipment, performs minimal automobile maintenance repairs, provided that all of the following conditions are satisfied:

(a) such repairs are performed at no charge, solely as a courtesy for which no payment is charged or received;

(b) the sum of the repairs performed on an individual vehicle shall take no more than a total of twenty (20) minutes to perform;

(c) such repairs shall not include oil changes, oil filter changes, transmission fluid changes, transmission fluid filter changes, engine coolant or engine anti-freeze changes, brake fluid changes, or power steering fluid changes;

(d) the price(s) charged by the person for automobile parts or equipment is not increased because of the performance of such repairs;

(e) the repairs are performed by an employee of the person;

(f) all residual, discarded, or waste products, parts, equipment, packaging, fluids, and other materials left over from such repairs are stored or disposed of by the person immediately after the completion of the repairs, in compliance with all applicable laws, ordinances, and regulations governing the storage, handling, and disposal of such items; and

(g) a sign measuring not less than two (2) feet in width and three (3) feet in length is posted in a conspicuous place inside each of the person’s business premise locations, announcing, in legible written form, the following:

“This facility is not a motor vehicle repair shop and is only authorized to perform minimal automobile maintenance repairs taking no more than 20 minutes to complete. This facility and its employees are not permitted to charge anyone for performing automobile repairs.”

“Esta facilidad no es un taller de reparaciones de vehículos de motor y solamente está autorizada a realizar reparaciones mínimas de mantenimiento de automóviles que tomen no más de 20 minutos para terminar. Esta facilidad y sus empleados no están permitidos cobrar por reparaciones de automóvil.”

“Plas sa a se pa yon garaj e li sèlman otorize pou’l fè ti sèvis reparasyon ak antretyen oto ki pa pran plis pase 20 minit. Plas sa-a ak amplwaye’l yo pa otorize pou kolekte lajan nan men pèson pou ranje mashin.”<<

* * *

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 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.



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