2009-3628 OrdinanceORDINANCE NO. 2009-3628
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
106 OF THE CITY CODE ENTITLED "TRAFFIC AND
VEHICLES"; BY AMENDING ARTICLE I, ENTITLED "IN
GENERAL" BY AMENDING SECTION 106-1, ENTITLED
"DEFINITIONS," BY AMENDING DEFINITIONS RELATIVE TO
NONMOTORIZED VEHICLES FOR HIRE; BY AMENDING
SECTION 106-3, ENTITLED "VEHICLES PROHIBITED ON
PORTION OF LINCOLN ROAD; EXCEPTIONS," BY
PROHIBITING NONMOTORIZED VEHICLES FOR HIRE ON
PORTIONS OF LINCOLN ROAD AND ON OCEAN DRIVE; BY
AMENDING ARTICLE X, ENTITLED "PEDICABS" BY
SUBSTITUTING THE TERM "NONMOTORIZED VEHICLE FOR
HIRE" FOR THE TERM "PEDICAB" AND PROVIDING
DEFINITIONS, BUSINESS TAX RECEIPT REQUIREMENTS,
REGULATIONS FOR THE OPERATION OF ALL
NONMOTORIZED VEHICLES FOR HIRE IN THE CITY, AND TO
PROVIDE ENFORCEMENT PROVISIONS, FINES, AND
PENALTIES RELATIVE THERETO; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN
EFFECTIVE DATE.
WHEREAS, on July 16, 2008, the Mayor and the City Commission adopted Ordinance
No. 2008-3609 to create regulations for pedicabs and pedicab operators in order to protect the
health, safety, and welfare of passengers and operators of pedicabs, pedestrians, and motor
vehicle drivers and their passengers in the City; and
WHEREAS, on September 20, 2008 Ordinance No. 2008-3611 was adopted to provide
additional regulations to address the safe operation of pedicabs and to ensure the accountability
of pedicab operators and drivers in the City; and
WHEREAS, the safety of the City's streets and the continued health, safety and welfare
of the City's residents, visitors, drivers, and passengers on City rights-of-way, require that all
modes of nonmotorized vehicles for hire including, but not limited to, pedicabs, rickshaws, and
horse drawn carriages, be subject to safety and licensing requirements; and
WHEREAS, the City Commission finds that nonmotorized vehicles for hire have become
an increasingly popular form of transportation and entertainment in tourist destinations; and
WHEREAS, the City Commission finds it desirable to permit alternative forms of non-
motorized transportation in the City, such as nonmotorized vehicles for hire, subject to
regulations to address their safe use upon certain public streets in the City; and
WHEREAS, pursuant to Section 316.008 of the Florida Statutes, local governments are
authorized to prohibit and regulate the use of heavily traveled streets by any class or kind of
traffic found to be incompatible with the normal and safe movement of traffic; and
WHEREAS, pursuant to Florida caselaw and home rule powers, the City is also
authorized to regulate and provide for the safe use of its rights of way; and
WHEREAS, the City Commission specifically finds that, due to the hazards associated
with nonmotorized vehicles for hire due to their size, and the nature of their service which
involves the loading and unloading of passengers on streets intended for vehicular traffic, many
of which are already congested, heavily traveled, and/or narrow, nonmotorized vehicles for hire
pose a threat to the health, safety, and welfare of pedestrians, disabled persons, passengers
and drivers of nonmotorized vehicles for hire, as well as to the passengers and drivers of
motorized vehicles; and
WHEREAS, Lincoln Road between Washington Avenue and Alton Road is a unique
pedestrian and tourist destination within the City of Miami Beach characterized by outdoor
cafes, shops, street vendors, and performance artists; and
WHEREAS, the presence of nonmotorized vehicles for hire on Lincoln Road constitutes
a threat to the public health, welfare and safety of the residents and visitors who seek to stroll,
ride a bike or other approved device, along this pedestrian-friendly venue in order to enjoy the
amenities and ambiance of Lincoln Road; and
WHEREAS, nonmotorized vehicles for hire, which may include a driver plus passengers
side by side on an attached bench seat, are approximately double the width of atwo-wheeled
bicycle, and are incompatible with the normal and safe flow of pedestrian and bicycle traffic, and
the use of wheelchairs and other devises used by disabled persons on Lincoln Road, and on
sidewalks and other pedestrian walkways, boardwalks, baywalks, cutwalks, greenways, and
other pedestrian and recreational corridors in the City; and
WHEREAS, the hazards presented by nonmotorized vehicles for hire exist on all
sidewalks and on heavily traveled streets in the City and, therefore, a prohibition on the
operation of nonmotorized vehicles for hire thereon is necessary to ensure the health, safety,
and welfare of the public; and
WHEREAS, due to the City Commission's concern for the health, safety and welfare of
residents and visitors of the City, the regulations for the operation of nonmotorized vehicles for
hire and the application and insurance requirements set forth in this Ordinance address, inter
alia, the safe operation of nonmotorized vehicles for hire and seek to ensure the accountability
of nonmotorized vehicles for hire operators and their operators and drivers.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1.
That Section 106-1, entitled "Definitions," of Article I, entitled "In General," of Chapter 106 of the
Miami Beach City Code, entitled "Traffic and Vehicles," is hereby amended as follows:
CHAPTER 106
TRAFFIC AND VEHICLES
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ARTICLE I. IN GENERAL
Sec. 106-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Bicycle means every vehicle propelled solely by human power, and every motorized bicycle
propelled by a combination of human power and an electric helper motor rated at not more than
200 watts and capable of propelling the vehicle at a speed of not more than ten miles per hour
on level ground upon which any person may ride, having two tandem wheels, and including any
device generally recognized as a bicycle though equipped with two front or two rear wheels.
The term bicycle shall not include ~edicabs nonmotorized vehicles for hire as defined in section
106-463 of the Citv Code. The term does not include such a vehicle with a seat height of no
more than 25 inches from the ground when the seat is adjusted to its highest position or a
scooter or similar device.
Bicycle path means any road, path, lane or way that is open to bicycle travel, which road, path,
lane, or way is physically separated from motorized vehicular traffic by an open space,
pavement markings, or by a barrier and is located either within the highway right-of-way or
within an independent right-of-way. Bicycle paths are not intended for, nor are to be used by,
~s nonmotorized vehicles for hire.
Motor vehicle means any self-propelled vehicle not operated upon rails or guideway, but not
including any bicycle or moped.
Motorcycle means any motor vehicle having a seat or saddle for the use of the rider and
designed to travel on not more than three wheels in contact with the ground, but excluding a
tractor or a moped.
Pedestrian means any person afoot.
Vehicle means every device, in, upon or by which any person or property is or may be
transported or drawn upon a highway, excepting devices used exclusively upon stationary rails
or tracks.
Sec. 106-3. Vehicles and s nonmotorized vehicles prohibited on portion of
Lincoln Road and exceptions; ~e~+sa~bs nonmotorized vehicles for hire prohibited on
Ocean Drive.
That portion of Lincoln Road lying west of the westerly line of Washington Avenue to the
easterly line of Alton Road is limited to bicycle and pedestrian traffic and ~e--pedisabs
nonmotorized vehicles for hire shall not be permitted thereon. In addition, no vehicles shall be
permitted thereon except at its intersections with Drexel Avenue, Pennsylvania Avenue,
Meridian Avenue, Jefferson Avenue, Michigan Avenue, and Lenox Avenue. This restriction shall
not apply to fire, police, or maintenance vehicles operated by the city.
~+sabs Nonmotorized vehicles for hire are prohibited on Ocean Drive.
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CHAPTER 106
TRAFFIC AND VEHICLES
ARTICLE X. ~€BIC,A~S NONMOTORIZED VEHICLES FOR HIRE
Sec. 106-463. Definitions.
The following words, terms, and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning.
Bicycle is defined in section 106-1.
Darkness is defined as any time from one-half hour after sunset to one-half hour before sunrise
and anytime when visibility is not sufficient to render clearly discernible any person or vehicle on
the highway at a distance of 1,000 feet.
Decal is defined as the numbered decal issued by the city to a ~edisab nonmotorized vehicle
for hire owner for display on the ~ed+sa~f3 nonmotorized vehicle for hire to indicate that the
~edisa~ nonmotorized vehicle for hire permitted to operate.
Owner is defined as any person engaged in business as the owner, operator or proprietor of a
~ed+sab nonmotorized vehicles for hire requiring a business tax receipt under this article.
Nonmotorized vehicle for hire means a vehicle that transports or is capable of transporting
passengers that is propelled solely by human or animal power and that is used for transporting
passengers "for hire "including for tips or any other forms of compensation or barter regardless
of whether a passenger is bema transported
~~ ~~
~Redisab Nonmotorized vehicle for hire driver is defined as every individual who drives or
propels a ~edisa~ nonmotorized vehicle for hire as defined herein within the city.
Person is defined as a natural individual, firm, trust, partnership, association, or corporation, in
his/her or its own capacity or as administrator, conservator, executor, trustee, receiver, or other
representative appointed by a court. Whenever the word "person" is used in any section of this
article prescribing a penalty or fine as applied to partnerships or associations, the word shall
include the partners (both general and limited) or members or employees thereof who are
responsible for any violation of said section, and such word as applied to corporations shall
include the officers, agents, or employees thereof who are responsible for any violation of said
section.
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Street is defined as any public street, avenue, road, boulevard, alley, lane, highway, sidewalk,
public park, viaduct or other public place located in the city and established for the use of
vehicles or bicycles.
Sec. 106-464. Business tax receipt.
(a) Requirement; decal. It shall be unlawful to operate any ~e~+sab nonmotorized vehicles for
hire on any street within the city until the proper business tax receipt, as set forth in Miami
Beach City Code Chapter 102, has been issued by the finance department, at which time a
decal shall be furnished for each ~ed+sa~ nonmotorized vehicles for hire permitted pursuant to
the business tax receipt issued, upon which decal shall be the words describing the kind of
business tax receipt, and the year for which the business tax receipt is paid and a decal
number. Such decal shall be, at all times during the period for which the business tax receipt is
paid, securely affixed and attached in a conspicuous place on the left rear of each ~edisa~
nonmotorized vehicles for hire covered under the license and a copy of the business tax receipt
shall be available for inspection in the ped+sab nonmotorized vehicles for hire at all times.
(b) Number of pe~lisa~s nonmotorized vehicles for hire permitted per business tax receipt.
(1) Up to ten ~s nonmotorized vehicles for hire shall be permitted for each ~ed+saf~
transportation service business tax receipt issued.
(2) No more than three transportation service business tax receipts for ~ed+sabs
nonmotorized vehicles for hire shall be issued and no more than 30 total ~ed+sabs
nonmotorized vehicles for hire shall be authorized in the city in one fiscal year.
(3) If the number of applications for business tax receipts exceeds the maximum number of
three (3) to be issued by the city, business tax receipts shall be issued to applications
selected by a lottery conducted by the city's finance department. Lotteries will be held by
the finance department approximately 15 days prior to the start of each fiscal year (i.e., on
or about September 15th). The finance department shall implement a procedure for a
lottery, if needed, for any business tax receipts voluntarily surrendered or involuntarily
suspended or revoked during the fiscal year, otherwise any applications for available
~ed+saf3 nonmotorized vehicles for hire business tax receipts shall be considered on a first
come, first served basis.
(4) In the event that fewer than three (3) applications for business tax receipts are received
by August 1St, then any subsequent applications shall be considered on a first-come first-
served basis, until such time as all three ~ed+sab nonmotorized vehicles for hire business
tax receipts have been issued.
(5) An applicant will be denied a ped+sab nonmotorized vehicles for hire business tax
receipt, and disqualified for any lottery therefore, if the applicant is adjudicated guilty of three
(3) or more ~edisab nonmotorized vehicles for hire City Code violations received after
February 7, 2009. If an applicant has any pending City Code violations or appeals, the
business tax receipt application shall be placed on hold pending the disposition of the
violations and appeals.
(c) Number of business tax receipts for ~ nonmotorized vehicles for hire permitted per
applicant. Only one business tax receipt shall be issued per applicant. An applicant may not be
the principal, owner, operator, employee, stockholder, corporate officer, director, registered
agent, member, have a direct or indirect beneficial interest in one or more other ped+sa~
nonmotorized vehicles for hire businesses in the city, or otherwise be affiliated with an applicant
for or the holder of another pe~+sa~ nonmotorized vehicles for hire business tax receipt or doing
business under the same name as one or more other ~e~isal3 nonmotorized vehicles for hire
businesses with a business tax receipt in the city.
(d) Application. The business tax receipt referred to in subsection (a) hereof shall be issued in
accordance with Miami Beach City Code Chapter 102 and subject to the provisions of this
article.
(1) Applications for business tax receipts for s nonmotorized vehicles for hire must
be submitted to the finance department no later than 60 days prior to the beginning of the
city's fiscal year (i.e., on or before August 1St)
The application for a business tax receipt shall include the following, in addition to
information required by the City Code, and the payment of an application fee set by the city
manager or the city manager's designee:
a. Name, home and business address of the applicant and the name and address of
the owner, if other than the applicant, of every pedicab to be used in the applicant's
business.
b. The name, address, telephone number and form of business. If the applicant is a
corporation, it shall also state the names, addresses and occupations of its registered
agents, officers, directors, major stockholders having a ten percent or greater interest in
the corporation, and the names and addresses of any parent or subsidiary companies,
the date and place of incorporation, and, if incorporated outside of the State of Florida,
whether or not it is qualified to do business within the State of Florida. If the applicant is
a corporation controlled by another corporation, the names, addresses and occupations
of the registered agents, officers, directors, and major stockholders having a ten percent
or greater interest in the corporation of the controlling corporation shall also be stated. If
the applicant is a partnership or other unincorporated association, the names and
addresses of each member, whether active or inactive, shall be set forth, and if one or
more partners or members are corporations, the names and addresses and occupations
of such corporations' registered agents, officers, directors, and major stockholders
having a ten percent or greater interest in the corporation shall also be stated. Evidence
of registration of a fictitious name or trade name, if any, under which the applicant
proposes to do business.
c. A description of the proposed service to be provided by the applicant including the
area of the city to be covered and times of operation.
d. A description and photograph of each pedic~ nonmotorized vehicle for hire to be
used in the operation of the business. The photograph shall accurately represent the
~+sle nonmotorized vehicle for hire in an operational mode.
e. A certificate of insurance as required by section 106-464(f) herein.
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f. The proposed location of the business office for the b nonmotorized vehicle for
hire operation and any other proposed business location.
g. The location for storage of the ~ed+sabs nonmotorized vehicle for hire. If the storage
location is in the City of Miami Beach, a copy of the business tax receipt for the storage
location where the ~e~isabs nonmotorized vehicle for hire will be stored. A copy of the
business tax receipt for the storage location shall be provided to the city within 30
calendar days of the iss~a~ase approval of a ~ed~afa nonmotorized vehicle for hire
business tax receipt. If the storage location is not in the City of Miami Beach, the
address where the ~edis~atas nonmotorized vehicle for hire will be stored, and how,
when, and where the ~edisa~s nonmotorized vehicle for hire will be off-loaded and
loaded in the city. Fedisa~bs nonmotorized vehicle for hire may only be off-loaded and
loaded on private, commercial property in the city.
h. A certificate of inspection issued by a licensed pedicab dealer certifying that each
pedicab to be used in the operation of the business is in good working order, structurally
sound, and satisfies all applicable consumer product safety and American National
Standards Institute standards.
(2) a. Upon receipt and acceptance of a completed application for a business tax receipt,
the finance department shall forward a copy of said application to the police department,
public works department, code compliance division, planning department, risk
management, the parking department, or any such other department as may be
appropriate. Each department official shall evaluate the application for concerns as
pertains to his/her department. Such concerns may include, but not be limited to, prior
violations of City Code or state statutes by the applicant, and lack of legal storage.
b. The department official shall report said recommendation regarding the application in
writing to the director of the finance department. Should the application not receive the
recommendation of the chief of police, the director of the department of public works or
the director of the parking department, such recommendation, and the reasons for the
recommendation, shall be provided to the finance department director, and the
application for a business tax receipt shall be denied, and no business tax receipt to
operate the business shall be issued to the applicant.
(3) Not later than 30 days after the filing of a completed application for a business tax
receipt, the applicant shall be notified by the finance department regarding the decision on
the issuance or denial of the business tax receipt, or eligibility for a business tax receipt in
the event a lottery is held pursuant to subsection (b) herein. If the business tax receipt is
denied, the applicant shall be provided with a statement of the reasons for denial. A denial
may be appealed to the city manager or his designee within ten days of the issuance of the
denial. Appeals from a decision of the city manager or the manager's designee shall be to
the appellate division of the circuit court in accordance with the Rules of Appellate
Procedure.
(4) Business tax receipts are non-transferable and no responsibilities or authorizations
thereunder shall be delegated to independent contractors.
(5) Business tax receipts are not subject to automatic renewal and new applications must
be submitted annually on or before August 1st for the following fiscal year.
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(e) Denial, suspension, and revocation. Any business tax receipt issued hereunder may be
denied, suspended or revoked in accordance with the procedures contained in sections 102-
372, 102-381, and 106-467(h) of the City Code in addition to the following reasons:
(1) Fraud or misrepresentation contained in the application for the license.
(2) The operator has failed to comply with any of the provisions of this article or has willfully
or knowingly violated any such provision.
(3) The operator has conducted the licensed business in such manner so as to create a
public nuisance, or endanger the public health, safety or welfare or, knowingly and
unnecessarily, impede the flow of vehicular or pedestrian traffic.
(f) Insurance. For each ~ed+sa~ nonmotorized vehicles for hire there shall be maintained a
policy or policies of liability insurance with at least
$500,000.00/$1,000,000.00 per occurrence liability coverage including medical payments
coverage of $10,000.00 by an insurance company rated B+ VI or higher by A.M. Best. The
policy or policies shall specifically cover each and every ~ed+sab nonmotorized vehicles for hire
authorized under a business tax receipt and any and all drivers of such ~ed+sa~s nonmotorized
vehicles for hire. The City of Miami Beach Risk Manager may modify insurance requirements as
necessary due to changes/availability of coverage in the insurance market. A certificate of
insurance indicating the coverage amounts and the policy period must be on file in the finance
department prior to issuance of a license. The certificate must indicate that coverage extends
through the licensing period.
Sec. 106-465. Operations.
(a) ~Ree~isab Nonmotorized vehicles for hire decal required.
It is unlawful to operate or drive any ~ nonmotorized vehicles for hire in the city
which does not have affixed to it a valid ped+sa~ nonmotorized vehicles for hire decal.
(b) ~ Nonmotorized vehicles for hire driver's permit required; application; qualifications;
issuance or denial of permit; duration and renewal; suspension and revocation.
1) It is unlawful to operate or drive any ~edicab nonmotorized vehicles for hire in the city
without a valid ~edicala-nonmotorized vehicles for hire driver's permit.
2) An application for a ~ed+sa~ nonmotorized vehicles for hire driver's permit shall include
the following information:
a) The applicant's full name, address, and telephone number;
b) The applicant's date of birth;
c) A photocopy of the applicant's current and valid Florida driver's license;
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d) Two recent color passport size photographs;
e) Whether the applicant has ever held a ffed+sala nonmotorized vehicles for hire license
and, if so, when and where, and if such license has ever been revoked, for what cause;
f) Any such other information that may be required by the Finance Department or
Police Department.
3) The Finance Department will forward the application to the Miami Beach Police
Department and to the City's Code Compliance Department who will investigate the
facts stated in the application and make a recommendation to approve or deny the
application. Any applicant whose application has been denied cannot re-apply for one
year. The application may be denied if:
a) the applicant failed to provide all required information;
b) the applicant misrepresented facts on the application;
c) the applicant does not possess a valid Florida driver's license;
d) the applicant has any driving restriction on their driver's license imposed by the State
of Florida;
e) the applicant has pled nolo contendre, pled guilty, been found guilty or been
convicted of a felony within the last five (5) years preceding the application, regardless of
whether adjudication has been withheld, unless his or her civil rights have been
restored;
f) the applicant has pled nolo contendre, pled guilty, been found guilty or been
convicted of any felony, regardless of whether adjudication has been withheld, involving
moral turpitude relating to sex; the use of a deadly weapon; homicide; trafficking in
narcotics; violence against a law enforcement officer under Section 775.0823, Florida
Statutes; is a habitual violent felony offender under Section 775.084, Florida Statutes; or
is a registered sexual predator or sexual offender;
g) the applicant has pled nolo contendre, pled guilty, been found guilty or been
convicted, regardless of whether adjudication has been withheld, for hit and run, or
driving a vehicle recklessly or while under the influence of intoxicating alcohol or drugs
within the three (3) years immediately preceding the application; or
h) the applicant has been adjudicated guilty of three (3) violations of Article X of
Chapter 106 of the City Code within the twelve (12) months immediately preceding the
application.
If the application is approved, the ~ed+sab nonmotorized vehicles for hire driver will be
given an identification card that must be worn at all times on his or her person while
operating a ~ed+sab nonmotorized vehicles for hire, and in a manner that is clearly
visible to passengers, code compliance officers, and police officers. Failure to wear an
identification card will result in a violation, and will require the ~edi~ab nonmotorized
vehicles for hire driver to immediately cease operation of the ~edica~ nonmotorized
vehicles for hire.
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The ~ nonmotorized vehicles for hire driver permit is non-transferable and is
subject to annual renewal. The application fee for the ~e~isab nonmotorized vehicles for
hire driver's permit shall be $85.00. The ~edisal~ nonmotorized vehicles for hire driver's
permit fee shall be $25.00.
If the ~edisab nonmotorized vehicles for hire driver's permit is denied, the applicant shall
be provided with a statement of the reasons for denial. A denial may be appealed to the
city manager or his designee within ten (10) days of the issuance of the denial. Appeals
from a decision of the city manager or the manager's designee shall be to the appellate
division of the circuit court in accordance with the Rules of Appellate Procedure.
4) In lieu of the fines and penalties set forth in sections 106-467(a)(2) through (a)(3) for
violations of this Article, a ~ed+safa nonmotorized vehicles for hire driver may elect the
following penalties within ten (10) days of adjudication of a violation and shall surrender
the ~e~isab nonmotorized vehicles for hire driver's permit and identification card to the
city for the applicable suspension period:
(+a) If the offense is the second offense within the preceding 12 months, a
suspension of the ~edieab nonmotorized vehicles for hire driver's permit for one (1)
months from the date of the election of this penalty.
(++b) If the offense is the third offense within the preceding 12 months, a suspension
of the ped+sab nonmotorized vehicles for hire driver's permit for three (3) months
from the date of the election of this penalty.
Notwithstanding the provisions in subsections (b)(4)(i) and (ii) above, if, at any time, the
holder of a ~edisab nonmotorized vehicles for hire driver's permit ceases to meet the
qualifications in subsection (b)(3), or the continued operation of a b nonmotorized
vehicles for hire by a driver endangers the health, welfare, or safety of the public, the
City Manager may suspend or revoke the permit pursuant to the procedures set forth in
sections 102-372, 102-381, or 106-467(h).
(c) ~Redisa,~ Nonmotorized vehicles for hire owners and drivers are subject to all applicable
laws.
Redisab Nonmotorized vehicles for hire owners and drivers are subject to all applicable laws,
rules, and regulations of the City of Miami Beach, Miami-Dade County, and the State of Florida
pertaining to the operation of bicycles upon streets, except for those provisions that by their very
nature can have no application.
(d) Minimum age of pee4sa~b nonmotorized vehicles for hire drivers.
It is unlawful for any person under the age of eighteen (18) to operate a pe~+sa~ nonmotorized
vehicles for hire.
(e) Driver's license requirement to operate a peElisa~i nonmotorized vehicle for hire.
It is unlawful for any person to operate any pe~+sab nonmotorized vehicle for hire within the city
without a valid Florida driver's license.
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(f7 Darkness restrictions.
(1) It is unlawful for any person to operate, or cause to be operated, a alp
nonmotorized vehicle for hire during the hours of darkness, without abattery-operated
headlight projecting a beam of white light for a distance of 300 feet.
(2) It is unlawful for any person to operate, or cause to be operated, a ~ed+sab
nonmotorized vehicle for hire during the hours of darkness, without using battery operated
taillight mounted on the right and left, respectively, at the same level on the rear exterior of
the passenger compartment. Taillights shall be red in color and plainly visible from all
distances within 500 feet to the rear of the ~e~isab nonmotorized vehicle for hire.
(g) Prohibitions.
No ~ed+sab nonmotorized vehicle for hire driver or owner shall:
(1) Operate, or allow to be operated, a ~ nonmotorized vehicle for hire in an unsafe
condition or without the equipment required by this chapter;
(2) Operate, or allow to be operated, a ~ed+sab nonmotorized vehicle for hire which has a
trailer or sidecar; the ~e~isal3 nonmotorized vehicle for hire shall not exceed fifty-five (55)
inches in width or ten (10) feet in length.
(3) Operate a ~edisab nonmotorized vehicle for hire in a manner that results in damage to
public property;
(4) Leave any pedis~ab nonmotorized vehicle for hire unattended;
(5) Store, park or leave any ~ nonmotorized vehicle for hire overnight on any street
or sidewalk, or park in a regularly marked parking space;
(6) Operate a ~ed+sa~ nonmotorized vehicle for hire in an area or at a time other than the
ones approved by the city;
(7) Have his/her ~ nonmotorized vehicle for hire in motion while anyone is standing
or while anyone is sitting anywhere other than in the passenger seats thereof with a seatbelt
engaged;
(8) Collect fares, make change, or take on or discharge passengers while the ~ed+sab
nonmotorized vehicle for hire is in motion;
(9) Operate any ~ nonmotorized vehicle for hire in such a manner that would
jeopardize the safety of the passengers transported therein;
(10) Operate a ~isa~ nonmotorized vehicle for hire in such a way as to intentionally
impede automobile traffic or create a hazardous situation;
(11) Park the ~edis~ab nonmotorized vehicle for hire in a manner so as to disrupt the flow of
automobile traffic on public streets, roads, and thoroughfares, or so as to impede the flow of
pedestrian traffic;
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(12) Operate a ~ nonmotorized vehicle for hire in disregard of any traffic control
device;
(13) Operate a isab nonmotorized vehicle for hire in disregard of applicable state traffic
laws;
(14) Execute a turn at other than a street intersection;
(15) Obstruct vehicular and pedestrian traffic by unnecessarily weaving or changing lanes
of travel;
(16) Operate, maneuver, incline, spin, tilt, tip, slope, or position a ieab nonmotorized
vehicle for hire in any manner that would unnecessarily place passengers in any position
other than seated upright; Raise drawbars of ~edisab nonmotorized vehicle for hire higher
than the shoulders of the ~ed+saf~ nonmotorized vehicle for hire driver at any time
passengers are being carried in the pedicab;
(17) Operate a ~e~isa~ nonmotorized vehicle for hire upon the sidewalk portion of a public
right-of-way;
(18) Operate a ~ed+sab nonmotorized vehicle for hire in the wrong direction on a one-way
street;
(19) Broadcast or produce any amplified music, voice, or any other audible transmissions in
violation of the city's Noise Ordinance in Article IV of Chapter 46 the city Code;
(20) Sell, distribute, or solicit sales of any products, including food or drink;
(21) Display any accessory lights in addition to the requirements stated herein;
(22) Operate a ~ed+sa~ nonmotorized vehicle for hire on a) any street that is designated in
city Administrative Policy as heavily traveled, b) any street that is classified as an arterial or
collector roadway on the Federal Functional Classification Map maintained by the State of
Florida Department of Transportation District Six Office, as amended from time to time,
except Washington Avenue, c) any sidewalk, boardwalk, beachwalk, baywalk, cutwalk,
greenway, or any other recreational or pedestrian walkway or corridor in the city, including
any streets that may be temporarily closed to vehicular traffic, and d) any street that is
affected by a special event permit, film/print permit, or major event plan, as may be
approved by the City Manager or the City Manager's designee; or
(23) Transport or allow any passenger to occupy a ~edisab nonmotorized vehicle for hire
that is drinking or consuming alcoholic beverages or is in possession of an open container of
an alcoholic beverage.
(24) Operate, or allow a ped+sab nonmotorized vehicle for hire to be operated, without a
valid b nonmotorized vehicle for hire driver's permit.
12
(h) Passenger seating requirements.
It is unlawful for any person to operate a ped+sa~ nonmotorized vehicle for hire while carrying a
number of passengers that exceeds the number of authorized seats as stated on the business
tax receipt. No more than three passenger seats shall be authorized per ~edisab nonmotorized
vehicle for hire.
(1) The ~e~+sab nonmotorized vehicle for hire shall be equipped with seatbelts and/or a
safety bar that must be engaged while transporting passenger(s).
(2) The ~ed+sab nonmotorized vehicle for hire shall be equipped to provide passengers
under the age of 16 with a helmet that meets the standards of the American National
Standards Institute (ANSI) or the Snell Memorial Foundation.
(3) The ~ed+sab nonmotorized vehicle for hire operator shall sanitize the inside of each
helmet after each use.
(4) If the ~e~isab nonmotorized vehicle for hire is used to transport a child under four years
of age or under 40 pounds, the ~edisa~ nonmotorized vehicle for hire shall be equipped to
provide a seat or carrier that must be used by any child under four years of age or under 40
pounds and that is designed to carry a child of that age or size and that secures and
protects the child from the moving parts of the ~ed+sala nonmotorized vehicle for hire.
(i) Advertisement on pe~lisabs nonmotorized vehicles for hire.
There shall be no advertisement on ~ed+sabs nonmotorized vehicles for hire with the exception
of the name of the ~e~isab nonmotorized vehicle for hire operator, telephone number, address,
fare schedule, and hours of operation.
(j) ~Redisab Nonmotorized vehicle for hire operating zones.
~isa~ Nonmotorized vehicle for hire owners and drivers may only provide service on the
streets approved for ~ed+sab nonmotorized vehicle for hire use as set forth in the city Code or
as designated by City Administrative Policy. The City Manager may, during special events or
major events, further limit areas where pe~isabs nonmotorized vehicles for hire may operate.
Upon written and/or verbal notification by the City Manager of a hurricane or other major
weather event, or the issuance of a hurricane warning by Miami-Dade County, whichever occurs
first, the business tax receipt holder shall, within four (4) hours of same, cease operations,
remove all s nonmotorized vehicles for hire from all public streets and areas, and secure
all ~ed+cabs nonmotorized vehicles for hire indoors.
(k) ~edisab Nonmotorized vehicle for hire equipment requirements.
All pedisabs nonmotorized vehicles for hire must meet the following equipment requirements.
Each ~ nonmotorized vehicle for hire owner shall maintain all ~edisa~s nonmotorized
vehicles for hire with a uniform appearance, including consistency with company name, color,
and logo on all ~edisabs nonmotorized vehicles for hire and shall also maintain all s
nonmotorized vehicles for hire in a clean condition for public use.
(1) The ~e~+cab nonmotorized vehicle for hire shall be equipped with abattery-operated
headlight capable of projecting a beam of white light for a distance of 300 feet.
13
(2) The b nonmotorized vehicle for hire shall be equipped with battery operated
taillights mounted on the right and left, respectively, at the same level on the rear exterior of
the passenger compartment. Taillights shall be red in color and plainly visible from all
distances within 500 feet to the rear of the ~ed~ab nonmotorized vehicle for hire.
(3) The ~e~isab nonmotorized vehicle for hire shall be equipped with side mounted rearview
mirrors affixed to the right and left side of the bicycle so located as to reflect to the driver a
view of the highway for a distance of at least 200 feet to the rear of the ~ed+sab
nonmotorized vehicle for hire.
(4) The ~ed+sab nonmotorized vehicle for hire shall be equipped with turn signal lamps
visible at 500' from the rear of the ~ed+sab nonmotorized vehicle for ~ghire indicating
right and left turns and which must be utilized when turning.
(5) Each pedisab nonmotorized vehicle for hire shall be equipped with an operational brake
or brakes.
(6) Slow moving vehicle reflective triangle on the rear of the vehicle or reflective tape which
outlines the rear of the ~edisa~f3 nonmotorized vehicle for hire from edge to edge.
(7) All equipment installed in the ~edisab nonmotorized vehicle for hire shall be secured to
prevent movement during transit or in the event of a collision or overturn.
(8) All ~s nonmotorized vehicles for hire will prominently display the City of Miami
Beach's Customer Service/information telephone number.
(I) Fare schedule
Pedisab Nonmotorized vehicles for hire owners and drivers shall post a fare schedule in a
manner clearly visible to the public at all times while operating a ~e~isab nonmotorized vehicle
for hire.
It is unlawful for any ~ nonmotorized vehicle for hire owner or driver to demand from a
passenger a fare greater than the fare contained in the posted fare schedule.
All fares must be based on a flat rate per block.
(m) Passenger loading/unloading areas; parking.
A ~e~isala nonmotorized vehicle for hire may be parked in a regularly marked commercial
loading zone while waiting for passengers. A b nonmotorized vehicle for hire may be
parked in a regularly marked passenger loading zone only for the purpose of loading and
unloading passengers. All applicable and/or posted commercial/passenger loading zone
regulations shall apply.
Parking, stopping, or standing in any area that is posted and/or marked as safety zones for
crosswalks, fire hydrants, taxicab stands, sidewalks is not permitted.
14
Sec. 106-466. Enforcement by code inspectors; notice of violation; responsibility to
provide current address.
(a) Notice of violation. If the code inspector observes a violation of this article, the inspector
shall issue a notice of violation to the pedisa~ nonmotorized vehicles for hire driver, owner,
and/or the holder of the business tax receipt, as applicable. The code inspector shall inform the
violators that they must immediately cease the violation. The notice shall include the following
information:
(1) Name of the violator.
(2) Date and time of violation.
(3) Nature of the violation.
(4) Amount of fine or other penalty for which the violator may be liable pursuant to section
106-467 of this Code or as otherwise provided by law.
(5) Instructions and due date for paying the fine.
(6) Notice that the violation may be appealed by filing a written request for an
administrative hearing with the clerk of the special master within ten days after service of the
notice of violation, that failure to do so shall constitute an admission of the violation and
waiver of the right to a hearing, and that unpaid fines will result in the imposition of liens
which may be foreclosed by the city.
The notice shall also inform the violator that repeat violations of this article will result in the
imposition of larger fines and may also result in revocation, or suspension of the business
tax receipt, and/or injunctive proceedings as provided by law. The notice shall be signed by
the code inspector who witnessed the violation.
(b) Responsibility to provide current address. The holder of the business tax receipt for all
ped+sabs nonmotorized vehicles for hire shall have the responsibility to keep the city advised of
its current address and of the current address of all drivers of the pedisabs nonmotorized
vehicles for hire.
Sec. 106-467. Fines and penalties for violation; appeals; alternate means of enforcement.
(a) Fines and penalties. The following civil fines and penalties shall be imposed for violations of
this article:
(1) If the offense is the first offense, $250.00 fine, plus restitution to the b
nonmotorized vehicle for hire passenger(s) if applicable.
(2) If the offense is the second offense within the preceding 12 months, one weekend
(noon Friday through noon Monday) suspension of the business tax receipt in addition to a
$1,500.00 fine, plus restitution to the isa~ nonmotorized vehicle for hire passenger(s) if
applicable.
15
(3) If the offense is the third offense within the preceding 12 months, two weekend (noon
Friday through noon Monday) suspensions of the business tax receipt in addition to a
$3,000.00 fine, plus restitution to the ~edicab nonmotorized vehicle for hire passenger(s) if
applicable. In addition, the offense shall be considered a habitual offender offense with
penalties and fines imposed pursuant to subsection 106-467(h).
An offense shall be deemed to have occurred on the date the violation occurred. An offense
occurring 12 months after the last offense shall be treated as a first offense for purposes of
incurring new fines and penalties. However, any fines or penalties imposed in any prior 12
month period shall not be waived or altered.
(b) A violator who has been served with a notice of violation shall elect either to:
(1) Pay the civil fine in the manner indicated on the notice; or
(2) File a written request for an administrative hearing before a special master to appeal
the decision of the code inspector that resulted in the issuance of the notice of violation. The
written request shall be submitted to the clerical staff of the special master no later than ten
days of service of the notice of violation, and shall be accompanied by a $75.00 appeal fee.
The fee may be returned to the violator if the special master rules in favor of the violator. All
disputes regarding proper notice of the violation and timeliness of the appeal shall be heard
by the special master prior to any hearing on the merits of the violation itself.
(c) The procedures for appeal of the notice of violation shall be as set forth in section 102-385.
A courtesy mail notice shall be promptly provided to the complainant of any hearing regarding
the notice of violation, and the complainant may testify at such hearings; provided, however,
that nontransmission of the courtesy notice to the complainant shall not in any way invalidate,
affect, or impair any of the further proceedings, actions, or determinations in the case. Failure to
give such notice shall not be a cause for continuance or cancellation of any scheduled hearing
of the matter. Only two continuances, for no longer than 20 days each, shall be granted by the
special master for any administrative hearing unless the alleged offender, at a hearing on a
motion for continuance, establishes by testimony, and/or other evidence, that good cause exists
for a further continuance. If the special master finds that a violation has occurred, the applicable
penalty set forth in subsection 106-67(a) shall be imposed.
(d) Failure of the named violator to appeal the decision of the code inspector within the
prescribed time period shall constitute a waiver of the violator's right to administrative hearing
before the special master. A waiver of the right to an administrative hearing shall be treated as
an admission of the violation and penalties shall be assessed accordingly. In the event of a
fourth or fifth offense, and following notification by the code inspector of the violator's failure to
timely request an administrative hearing, the special master shall enter an order setting the time
during which a suspension shall be imposed on the violator's business tax receipt. Such
suspension shall begin no later than 30 days after entry of the order by the special master.
(e) Any party aggrieved by the decision of a special master may appeal that decision to a court
of competent jurisdiction as provided in F.S. § 162.11 and section 30-77 of this Code.
(f) The city may institute proceedings in a court of competent jurisdiction to compel payment of
civil fines. A certified copy of an order imposing a civil fine or city bill for penalties due under this
section may be recorded in the public records and thereafter shall constitute a lien upon any
other real or personal property owned by the violator and it may be enforced in the same
manner as a court judgment by the sheriffs of this state, including levy against the personal
16
property, but shall not be deemed to be a court judgment except for enforcement purposes.
After two months from the filing of any such lien that remains unpaid, the city may foreclose or
otherwise execute on the lien. All costs and attorneys fees incurred by the city for collecting any
fine shall be paid by the violator.
(g) As an alternative or additional means of enforcement, the city may institute proceedings to
revoke or suspend a business tax receipt and/or seek injunctive relief.
(h) In cases of habitual violations or offenses, the city manager may issue an administrative
complaint for suspension or revocation of a business tax receipt as provided in section 102-383.
Upon a finding of habitual violations or offenses by the city manager, a business tax receipt
suspension, revocation, and/or fine shall be imposed.
(1) In determining the length of a suspension to be imposed under this subsection, the city
manager shall consider the following factors: the gravity of the violations or offenses; any
actions taken by the violator to correct the violations or offenses; and, any previous
violations or offenses committed by the violator. No suspension imposed under this
subsection (h) shall be for a period of time of less than 30 consecutive days.
(2) In the event a habitual violator does not hold a business tax receipt, the special master
shall impose a fine up to $5,000.00 per violation.
(i) Any fine imposed under this article shall become a lien pursuant to the procedures of
sections 30-74 and 30-75 of this Code.
Q) In addition, in the event a violator refuses to comply with a notice of violation issued under
section 106-66, a violator may be punished by imprisonment not to exceed 60 days or by
imposition of a fine not to exceed $500.00 per offense or both.
(k) Nothing herein shall restrict the powers and authority granted to the various boards and
committees of the city, including the imposition of conditions and sanctions not specifically
enumerated in this article.
(I) Nothing herein shall be deemed to modify existing applicable state, county or city building
and fire codes, ordinances, laws or regulations.
SECTION 3. Repealer.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. Severability.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
17
SECTION 5. Codification.
It is the intention of the Mayor and City Commission of the City of Miami Beach, 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 Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 6. Effective Date.
This Ordinance shall take effect the 7th day of March , 2009.
PASSED and ADOPTED this 25th day of February 2009.
ATTEST:
~~ ~ ~~•
Robert Parcher
City Clerk
Underline denotes additions
denotes deletions
Matti errera Bower
Mayor
tiP;~f~~D~ ~.~
~'~~~°~ & lAN~iU~C~~
~ ~~ ~~~
r'~ d'e.-
~ ZI o4
..._..._
T:\AGENDA\2008\December 10\Regular\Pedicabs -Non-Motorized Vehicles for Hire Ordinance.doc
18
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance amending Chapter 106 of the City Code Entitled "Traffic and Vehicles"; to provide definitions,
regulations, and requirements for all nonmotorized vehicles for hire in the City.
Key Intended Outcome Supported:
Increase residents satisfaction with level of Code Enforcement.
Supporting Data (Surveys, Environmental Scan, etc.): 61 % of residents are satisfied with fairness and
consistency of enforcement of codes and ordinances.
Issue:
Shall the Mayor and City Commission approve on second reading the Ordinance amending Chapter 106 of the
City Code?
Item Summary/Recommendation:
SECOND READING -PUBLIC HEARING
At the July 16, 2008 City Commission meeting, the Commission approved an Ordinance regulating pedicab
operations in the City. The Ordinance was an amendment to Chapter 106 of the City Code entitled "Traffic and
Vehicles" and provided for a thorough regulatory framework for pedicab operation. At the September 10, 2008
City Commission meeting, an amendment to the pedicab regulations was also adopted by the City Commission
that provided a requirement that pedicab drivers obtain a pedicab driver permit as a condition to operating a
pedicab in the City.
In order to assure a reasonable number of pedicabs and pedicab operators within the City, at the time of the
adoption of the pedicab regulations, the number of business tax receipts to be issued was limited to three (3) with
up to ten (10) pedicabs allowed under each business tax receipt. The Commission also approved an RFP
process to select one or more pedicab operators; that process yielded no responsive proposers. On December
10, 2008, the City Commission approved, via emergency ordinance, an amendment to the July 16, 2008
legislation that deleted the January 1, 2009 sunset provision. As such, all regulations approved on July 16, 2008
remain in place.
Subsequently, the City has received inquiries from operators of other types of nonmotorized vehicles for hire,
namely rickshaws. In consultation with the City Attorney's office, it is recommended that Chapter 106 "Traffic and
Vehicles" be amended, as necessary, to reflect that the regulations apply to all nonmotorized vehicles for hire, not
only pedicabs.
The Ordinance that reflects amendments to Chapter 106 to apply all regulations to all manner of nonmotorized
vehicles for hire, and not only pedicabs, was approved on first reading during the January 28, 2009 Commission
Meeting. All regulations approved by the Commission in July and September remain and will apply to operators of
nonmotorized vehicles.
Board Recommendation:
Financial Information:
Source of Amount Account
Funds:
Financial Impact Summary: This amendment has no fiscal impact as the current regulations remain.
City Clerk's Office Legislative Tracking:
~ Hilda M. Fernandez, Assistant City Manaoer
Sign-Offs:
Department Director s ist t Ci Manager City ager
JMG
T:\AGENDA\2009\February 25\Regular\nonmotorized veh ord 2nd rdg summary.doc
m MIAMIBEACH
~U
AGENDA ITEM r `~A
DATE Z'.ZS-
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: February 25, 2009 SECOND READING
PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 106 OF THE CITY CODE
ENTITLED "TRAFFIC AND VEHICLES"; BY AMENDING ARTICLE I,
ENTITLED "IN GENERAL" BY AMENDING SECTION 106-1, ENTITLED
"DEFINITIONS," BY AMENDING DEFINITIONS RELATIVE TO
NONMOTORIZED VEHICLES FOR HIRE; BY AMENDING SECTION 106-3,
ENTITLED "VEHICLES PROHIBITED ON PORTION OF LINCOLN ROAD;
EXCEPTIONS," BY PROHIBITING NONMOTORIZED VEHICLES FOR HIRE
ON PORTIONS OF LINCOLN ROAD AND ON OCEAN DRIVE; BY
AMENDING ARTICLE X, ENTITLED "PEDICABS" BY SUBSTITUTING THE
TERM "NONMOTORIZED VEHICLE FOR HIRE" FOR THE TERM "PEDICAB"
AND PROVIDING DEFINITIONS, BUSINESS TAX RECEIPT
REQUIREMENTS, REGULATIONS FOR THE OPERATION OF ALL
NONMOTORIZED VEHICLES FOR- HIRE IN THE CITY, AND TO PROVIDE
ENFORCEMENT PROVISIONS, FINES, AND PENALTIES RELATIVE
THERETO; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION;
AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Approve the Ordinance on second reading
BACKGROUND
At the July 16, 2008 City Commission meeting, the Commission approved an Ordinance regulating
pedicab operations in the City. The Ordinance was an amendment to Chapter 106 of the City Code
entitled "Traffic and Vehicles" and provided for a thorough regulatory framework for pedicab
operation. At the September 10, 2008 City Commission meeting, an amendment to Chapter 106
"Traffic and Vehicles" was also adopted by the City Commission to require pedicab drivers to obtain
a pedicab driver permit as a condition for operating a pedicab in the City.
As the City Commission will recall, the Ordinance was modeled after several other communities'
ordinances across the United States. At the time of the adoption of the pedicab regulations on July
16, 2008, the City was experiencing a significant amount of regulatory difficulty with pedicab
operators. The adopted regulations provided for a much more clear regulatory framework that
allowed pedicabs to operate in the City safely.
Page 2 of 2
Nonmotorized Vehicle Ordinance
In order to assure a reasonable number of pedicabs and pedicab operators within the City, at the
time of the adoption of the pedicab regulations, the number of business tax receipts to be issued
was limited to three (3) with up to ten (10) pedicabs allowed under each business tax receipt. The
pedicab regulations were also put into place with a sunset provision effective January 1, 2009
pending the results of a competitive (RFP) process. It was the expectation of the staff and City
Commission that any operators chosen pursuant to the RFP would have incorporated into an
agreement with the City all of the rules and regulations previously established by the City
Commission.
The City issued an RFP for pedicab operators and received one (1) proposal on October 21, 2008,
from a Company in Boston, Massachusetts. In the evaluation of the sole response, it was
determined that the vendor would only participate if all of the licenses anticipated in the RFP were
granted to them. This was a condition that the City could not grant, so the RFP proposal was
disqualified. At the December 10, 2008 Commission meeting, the City Commission amended the
ordinance (via emergency action) to remove the sunset provisions and keep the approved
requirements and restrictions in place.
ANALYSIS
In the original Ordinance the focus was exclusively on pedicabs as all inquiries and activities were
related to pedicabs. Subsequent to the approval of that Ordinance, the City has received inquiries
from rickshaw operators that were not addressed in the pedicab rules and regulations. The intent of
the ordinance amendment in July 16, 2008 was to regulate non motorized vehicles for hire, such as
pedicabs. The suggested amendment for the City Commission on First Reading is intended to
extend these regulations to all non motorized vehicles for hire. As such, the proposed amendment
attached replaces "pedicab" with "non motorized vehicle for hire"~ throughout Chapter 106. The
definition ofnon-motorized vehicles for hire is also expanded to include vehicles propelled solely by
human or animal power. This expanded definition should encompass any other non-motorized
vehicle for hire that would operate in a similar fashion to a pedicab.
These minor adjustments in the Ordinance would maintain all of the regulations applicable to
pedicabs, while also encompassing rickshaws or other similar modes of travel in the code under
these regulations. All of the other provisions which were included in the July 16, 2008 and in the
subsequent September 10, 2008 meeting of the City Commission remain in full force and effect.
It should be noted that no pedicab operators currently have obtained business tax receipts for the
operation of non-motorized vehicles for hire.
FISCAL IMPACT
This amendment clarifies the original intent of the ordinance approved last year, which is to create a
regulatory structure for non-motorized vehicles for hire in the City. As approved, the ordinance
allowed for the establishment of fees for business tax receipts for this purpose. The amendment
does not impose any additional expenses for the City.
CONCLUSION
The proposed amendment serves to clarify the original intention of the ordinance to address the
manner and operation of all non-motorized vehicles for hire in the City of Miami Beach, not only
pedicabs.
JMG\HMF\ah
Attachments
T:\AGENDA\2009\February 25\Regular\Nonmotorized veh ord 2nd Rdg memo.doc
2
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