Miami-Dade Legislative Item
File Number: 093020
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File Number: 093020 File Type: Ordinance Status: Amended
Version: 0 Reference: Control: Board of County Commissioners
File Name: ZONING; MOTOR VEHICLE REPAIR Introduced: 11/9/2009
Requester: NONE Cost: Final Action:
Agenda Date: 11/17/2009 Agenda Item Number: 7B
Notes: SEE #100882 FOR FINAL VERSION AS ADOPTED. 6WK/4WK 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 [SEE ORIGINAL ITEM UNDER FILE NO. 092132][SEE #100882 FOR FINAL VERSION AS ADOPTED.]
Indexes: MOTOR VEHICLES
  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

Board of County Commissioners 11/17/2009 7B Amended
REPORT: See Agenda Item 7B Amended, Legislative File No. 100882 for the amended version.

Commission Auditor 11/9/2009 Legislative notes attached 11/17/2009

County Attorney 11/9/2009 Assigned Eduardo I. Sanchez

Budget, Planning and Sustainability Committee 10/27/2009 2C AMENDED Forwarded to BCC with a favorable recommendation with committee amendment(s) P
REPORT: Assistant County Attorney Jess McCarty read the foregoing proposed ordinance into the record. Chairwomen Sorenson opened the public hearing on the foregoing proposed ordinance. Hearing no persons wishing to speak on this matter, the public hearing was closed. Commissioner Heyman noted minor automobile repairs were problematic since gas stations no longer offered full service. She said that auto parts store employees often assisted customers perform minor repairs, however, the current ordinance required the facility be located in-doors. In response to Chairwoman Sorenson’s inquiry about licensing requirements, Ms. Cathy Grimes Peel, Director, Miami-Dade Consumer Services Department, noted the Motor Vehicle Repair Ordinance required that minor vehicle repairs be performed by a facility with a motor vehicle registration. She noted that this proposed ordinance would exempt these facilities from obtaining this registration in the future. Assistant County Attorney Eduardo Sanchez noted Section 1.33-2.47 (c) of this proposed ordinance should be amended to read as follows: “such repair shall not include oil changes, oil filter changes, transmission fluid changes, transmission fluid filter changes, engine coolant or engine anti-freeze changes, break fluid changes, power steering fluid changes, tire repair, tire installation, tire rotation or any other repair that falls within the scope of the repair certification categories set forth in Sections 8A-161.25 (2) (a-e) and (g) of this Code.” He noted an identical provision appeared in Section 2 amending Section 8A-161.3 (c). There being no further questions or comments, the Committee proceeded to vote on this proposed ordinance as amended by Assistant County Attorney 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]]2 power steering fluid changes>>, tire repair, tire installation, tire rotation, or any other repair that falls within the scope of the repair certification categories set forth in Sections 8A-161.25(2)(a)-(e) & (g) of this Code<<;

(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>>, tire repair, tire installation, tire rotation, or any other repair that falls within the scope of the repair certification categories set forth in Sections 8A-161.25(2)(a)-(e) & (g) of this Code<<;

(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.


2 Committee amendments are indicated as follows: words double stricken through and/or [[double bracketed]] shall be deleted, words double underlined and/or >>double arrowed<< constitute the amendment proposed.


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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