Ordinance No. 2025-13 Modifying Regulations Relating to Commercial Vehicles Loading and Unloading - July 24, 2025CITY OF AVENTURA ORDINANCE NO. 2025-13
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 48 OF THE CITY CODE OF ORDINANCES BY AMENDING
SECTION 48-11 "PARKING RESTRICTIONS" AND SECTION 48-12
"RESTRICTIONS ON COMMERCIAL VEHICLES OR RECREATIONAL
VEHICLES" TO MODIFY THE REGULATIONS RELATING TO
COMMERCIAL VEHICLES LOADING AND UNLOADING OF VEHICLES
AND OTHER MATERIALS IN RESIDENTIALLY ZONED AREAS OF THE
CITY; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE.
WHEREAS, Section 48-11 of the City Code sets forth parking restrictions whereby
commercial vehicular parking in public or private right-of-way areas within the City are
prohibited, except where the City Manager has designated such road right-of-way areas
for parking purposes; and
WHEREAS, Section 48-11 further prohibits parking of vehicles upon: (1) Any
streets located within or contiguous to multifamily zoned properties, unless approved by
the City Manager; (2) Any area prohibited by state law or Miami -Dade County Code,
unless approved by the City Manager; and
WHEREAS, Section 48-12 of the City Code prohibits the parking of commercial
or recreational vehicles for any period of time on public right-of-way, however, such
prohibition does not apply to "Vehicles then and there engaged in activity consisting of
performing authorized landscape installation or maintenance or making deliveries or
loading and unloading of passengers or materials; and
WHEREAS, recently, in the City's residentially zoned areas, there has been an
influx of commercial vehicles, including car carriers, delivering, loading and unloading of
private owner vehicles on the residential streets and right-of-way; and
WHEREAS, due to this influx, such commercial activity impedes the flow of traffic,
blocks residential lanes of traffic, causes a public safety hazard as well as effecting the
quality of life of the City's residents; and
WHEREAS, Section 316.515(1) provides that "The use of public roads that do not
have at least one through lane of 12 feet or more in width in each direction, and the use
of public roads deemed unsafe for wider vehicles on the basis of safety and engineering
analyses, by vehicles exceeding 96 inches in width may be restricted by the Department
of Transportation or by local officials for streets and roads under their jurisdiction."; and
WHEREAS, Section 316.1945(1)(c)(2) prohibits the parking of a vehicle, whether
occupied or not, except temporarily for the purpose of, and while engaged in, loading or
loading merchandise or passengers at any place where official signs prohibit parking;
and
City of Aventura Ordinance No. 2025-13
WHEREAS, the City desires to clarify its parking regulations as they relate to
commercial vehicles loading and unloading activities in residentially zoned areas in order
to mitigate the impacts to both traffic and the quality of life within such areas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Incorporated. That each of the above -stated recitals are
hereby adopted and confirmed.
Section 2. City Code Amended. That Article I I " Use of Right -of -Way, Parking,
Other Regulations," of Chapter 48 of the City Code," is hereby amended as follows:
CHAPTER 48 — VEHICLES, USE OF RIGHT-OF-WAY, PARKING AND OTHER
REGULATIONS
Article 11. Use of Right -of -Way, Parking and Other Regulations
Sec. 48-11. Parking restrictions.
(b) Parking of vehicles is prohibited upon:
(1) Any streets located within or contiguous to residential and multifamily
zoned properties, unless approved by the City Manager.
Sec. 48-12. Restrictions on commercial or recreational vehicles.
(a) No owner or person having the possession or use of a commercial vehicle or
recreational vehicle shall park that vehicle for any period of time on public right-
of-way. This restriction shall not apply, however, to the following:
(2) Vehicles then and there engaged in activity consisting of performing
authorized landscape installation or maintonanno or making deliverioc
or leading and i inleading of passengers or materials
(3) Commercial loading and unloading operations, certain times prohibited
for locations in or adiacent to residentially zoned areas. The commercial
loading and unloading of any vehicle, or the opening, destruction, and/or
disposal of bales, crates, containers, deliveries, or any other item for
1 Additions to existing City Code text are indicated by underline; deletions from existing City Code text are
indicated by stFilke
Page 2 of 4
City of Aventura Ordinance No. 2025-13
businesses located in or adjacent to residentially zones areas, shall be
prohibited between the hours of 8:00 a.m. and 8:00 p.m.
{- L} L Vehicles owned, operated or contracted by a utility company who have
obtained a City issued public works permit to conduct work within the
public right-of-way or for work deemed an emergency. The contractor
conducting such work shall be required to restore the landscaping,
irrigation, curbing, sidewalks, etc., within the public right-of-way to original
or better conditions upon the completion of the permitted or emergency
work.
(b) Penalty. In addition to the General Penalty provision set forth in Sec. 1-14,
the City may enforce this Section pursuant to Chapter 316, Florida Statutes.
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, clauses, 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. Codification. That it is the intention of the City 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 Aventura; that the sections of this Ordinance may be re-
numbered or re -lettered to accomplish such intention; and that the word "Ordinance" shall
be changed to "Section" or other appropriate word.
Section 5. Conflict. That all sections or parts of sections of the Code of
Ordinances, all ordinances or parts ordinances, and all resolutions or parts of resolutions
in conflict are repealed to the extent of such conflict.
Section 6. Effective Date. That this Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner Bloom, who moved its
adoption on first reading. The motion was seconded by Commissioner Ain, and, upon
being put to a vote, the vote was as follows:
Commissioner Clifford B. Ain Yes
Commissioner Gustavo Blachman Yes
Commissioner Amit Bloom Yes
Commissioner Rachel S. Friedland Yes
Commissioner Paul A. Kruss Yes
Vice Mayor Cindy Orlinsky Yes
Mayor Howard S. Weinberg Yes
Page 3 of 4
City of Aventura Ordinance No. 2025-13
The foregoing Ordinance was offered by Commissioner Bloom, who moved its
adoption on second reading. This motion was seconded by Commissioner Friedland, and
upon being put to a vote, the vote was as follows:
Commissioner Clifford B. Ain Yes
Commissioner Gustavo Blachman Yes
Commissioner Amit Bloom Yes
Commissioner Rachel S. Friedland Yes
Commissioner Paul A. Kruss Yes
Vice Mayor Cindy Orlinsky Yes
Mayor Howard S. Weinberg Yes
PASSED on first reading this 3rd day of June, 2025.
PASSED AND ADOPTED on second reading this 24th day of July, 2025.
HOWARD S. WEINBERG, E
MAYOR
ATTEST:
ELLISA L. HORV H, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
ROBERT MEYERS
CITY ATTORNEY
WEISS SEROTA HELFMAN COLE + BIERMAN, P.L.
Page 4 of 4