§ 28A-3. Procedures governing the area of cargo operations and other restricted areas.

28A-3.0. Access. No person shall enter an area of cargo operations or other restricted area unless clearly displaying an identification card allowing for such access or first being authorized to do so by the Director, a designee of the Director, or a law enforcement officer. Notwithstanding the foregoing, this Section 28A-3.0 shall not apply to properly ticketed cruise vessel passengers engaged in cruise vessel embarkation or disembarkation. (Ord. No. 81-88, § 1, 7-21-81; Ord. No. 97-161, § 1, 9-23-97)

28A-3.1. Consent to inspection. Any vehicle or motor vehicle, and the contents thereof, entering, departing from or being within the area of cargo operations or other restricted area shall be subject to inspection by the Director, Departmental employees, or any Law Enforcement Officer for the purposes of determining ownership of such vehicle, the contents thereof, and for examining the documentation relating to the said contents; such inspection shall be subject to the rules and regulations of the U.S. Customs Service related to bonded cargo and customs seals. The operation or use of a vehicle or motor vehicle by any person into, from or within the area of cargo operations or a restricted area of the port shall constitute the consent of the owner, operator or user of such vehicle to the aforesaid inspection. (Ord. No. 78-65, § 1, 10-4-78; Ord. No. 97-161, § 1, 9-23-97)

28A-3.2. Inspections. No person shall enter an area of cargo operations or other restricted areas of the port except persons who enter pursuant to Section 28A-5, cruise vessel passengers engaged in cruise vessel embarkation or disembarkation or employees of federal, State or local government bodies then having proper business thereon and bearing proper identification required by the provisions of this Chapter 28A. No person entering or attempting to enter, being within, or departing from or attempting to depart the area of cargo operations or restricted area of the port shall refuse to produce for inspection at the request of the Director or Department employee or any Law Enforcement Officer a Department identification badge and/or the contents of any vehicle, bag, case, parcel, box or container of any kind in his possession. Where the entry into or departure from or attempt thereof is by means of a vehicle or motor vehicle, no person shall refuse to produce for inspection, after such request, a driver's license or department vehicle permit. No person shall refuse to produce at the request of the Director or Department employee or any Law Enforcement Officer any document in his possession relating to the ownership or possession of freight within the area of cargo operations or any restricted area. (Ord. No. 78-65, § 1, 10-4-78; Ord. No. 97-161, § 1, 9-23-97)

28A-3.3. Control of vehicular traffic. Control of all vehicular traffic on the port shall be governed by the laws of the State of Florida, the Code of Miami-Dade County and operational directives. No person shall enter, operate or cause to be operated any vehicle or motor vehicle in the area of cargo operations or any other restricted area unless such entrance or operation is required for a cargo, passenger or business activity within such area and is authorized by the Department. No person shall operate any vehicle or motor vehicle within the area of cargo operations or other restricted area without a vehicle or motor vehicle identification decal as prescribed by Section 28A-4. Notwithstanding the foregoing, no decal is required of local, state or federal governmental vehicles. (Ord. No. 78-65, § 1, 10-4-78; Ord. No. 97-161, § 1, 9-23-97; Ord. No. 98-78, § 2, 6-2-98)

28A-3.4. Parking.

(a)

No person shall park any vehicle or motor vehicle within the port in areas other than those designated or authorized by the Director or by operational directive, or in any other manner contrary to any posted Department sign, traffic control device or pavement marking. No person shall park any vehicle or motor vehicle within the port in a manner that will interfere with the use of a facility or area by others or obstruct passage or movement of emergency vehicles or other vehicles.

(b)

Parking, to the extent available, may be provided for personnel employed in the area of cargo operations or other restricted area, but will be restricted to areas designated by the Director. It shall be a violation of the provisions of this chapter for such personnel to park a vehicle in any area other than those expressly designated by the Director.

(c)

Whenever any vehicle or motor vehicle is improperly or illegally parked or positioned as to obstruct traffic, or is reasonably likely to cause a hazard to the health or safety of persons lawfully on the property, or impedes or is likely to impede the movement or handling of freight or passengers by reason of its position or condition, or is apparently abandoned on the port (as defined in Chapter 705, Florida Statutes), then the Director, his agents or a Law Enforcement Officer may remove the offending vehicle or motor vehicle.

(d)

The owners of vehicles or motor vehicles removed pursuant to subsection 28A-3.4(c) may reclaim same and shall be required to pay appropriate charges accrued against such vehicle for parking, removal and storage on the port.

(e)

Parking enforcement specialists and law enforcement officers are hereby authorized to issue uniform parking tickets. If the vehicle is unattended, the ticket may be attached to the vehicle in a conspicuous place. The owner of said motor vehicle must answer to the charge placed against him within thirty (30) days as provided in Section 30-389.2 of this Code. (Ord. No. 78-65, § 1, 10-4-78; Ord. No. 81-88, § 1, 7-21-81; Ord. No. 97-161, § 1, 9-23-97)