City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: FROM: The Honorable Mayor and City Commission Hans Ottinot, City Attorney DATE: 4/15/2010 RE: Amendment to Parking Authority Ordinance RECOMMENDATION: This Ordinance is presented for your consideration. REASONS: The City adopted the "Parking Authority" Ordinance, codified at Chapter 256, Article II, of the City Code to provide pedestrian friendly parking throughout the City, including parks, municipal parking lot areas and resident only decal parking areas. In order to provide such parking amenities, the City is required to establish hourly meter rates and monthly parking permit fees, and resident only permits/decals. In furtherance of this Ordinance, the City desires to exempt 100% service disabled veterans from paying resident parking permit costs under Chapter 256, Article II, of the City Code. By adopting this Ordinance, the City Commission will help alleviate the financial burden for service disabled veterans living in our community. ATTACHMENTS: Ordinance Notice of Public Hearing 30
Page 1 of 3 ORDINANCE NO. 2010- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 256 OF THE CODE OF ORDINANCES OF THE CITY OF SUNNY ISLES BEACH TO PROVIDE THAT 100% SERVICE DISABLED VETERANS SHALL BE EXEMPT FROM PAYING RESIDENT PARKING PERMIT COSTS; PROVIDING FOR REPEALER; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the purpose of Chapter 256, Article II, of the Code of Ordinances of the City of Sunny Isles Beach is to provide pedestrian friendly parking throughout the City, including parks, municipal parking lot areas and resident only decal parking areas; and WHEREAS, in order to accomplish this objective, the City is required to establish hourly meter rates and monthly parking permit fees, and resident only permits/decals; and WHEREAS, the City desires to exempt 100% service disabled veterans from paying resident parking permit costs under Chapter 256, Article II, of the City Code. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing WHEREAS clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part by this Ordinance upon adoption hereof. Section 2. Amendment. Chapter 256-18 of the City Code is amended to read as follows: 256-18 Exemptions. Any motor vehicle which is qualified to park in a specially marked parking space designated for the physically disabled with a current disabled parking permit shall be permitted to park in any public parking space within the City without incurring a fee. The maximum time allowed for such parking shall be four consecutive hours. Additionally, any veteran who served in the United States military, naval, or air service, and who was honorably discharged or released, and whose disability was determined by the Veterans Administration to have a service connected disability of 100% (one hundred percent), shall be exempt from paying any resident parking permit costs under Chapter 256, Article II, of the Code of Ordinances of the City of Sunny Isles Beach. Words added underlined, words stricken deleted (ed) Page 1 of 3 31
Page 2 of 3 Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clause, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. It is the intention of the Commission, 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 Sunny Isles Beach, Florida; and that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word ordinance shall be changed to section or other appropriate word, as required. Section 5. Repealer. All ordinances or part of ordinances in conflict herewith be and the same are hereby repealed. Section 6. Effective Date. This Ordinance shall be effective ten (10) days after adoption on second reading. PASSED and ADOPTED on first reading the day of 2010. PASSED and ADOPTED on second reading the day of 2010. ATTEST: Norman S. Edelcup, Mayor Jane A. Hines, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Hans Ottinot, City Attorney Words added underlined, words stricken deleted (ed) Page 2 of 3 32
Page 3 of 3 Moved by: Seconded by: Vote: Mayor Edelcup (Yes) (No) Vice Mayor Thaler (Yes) (No) Commissioner Brezin (Yes) (No) Commissioner Goodman (Yes) (No) Commissioner Scholl (Yes) (No) Words added underlined, words stricken deleted (ed) Page 3 of 3 33
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