2014-3862 Ordinancer
ORDINANCE NO 2014-3862
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE
CODE OF THE CITY OF MIAMI BEACH, ENTITLED
"MISCELLANEOUS OFFENSES," BY AMENDING ARTICLE II,
ENTITLED "PUBLIC PLACES," BY AMENDING DIVISION 2,
ENTITLED "BICYCLING, SKATEBOARDING, ROLLER SKATING, IN-
LINE SKATING, AND MOTORIZED MEANS OF TRANSPORTATION,"
BY AMENDING SECTION 70-67 THEREOF, ENTITLED "PROHIBITED
ACTIVITIES," TO PROHIBIT THE OPERATION OF MOTORIZED
MEANS OF TRANSPORTATION IN, ON, OR UPON ANY PORTION OF
A) THE BEACHWALK BETWEEN 15TH AND 23RD STREETS,
BETWEEN 64TH AND 79TH STREETS, AND SOUTH OF 51h STREET; B)
THE LUMMUS PARK PROMENADE (ALSO KNOWN AS THE LUMMUS
PARK SERPENTINE WALKWAY) BETWEEN 5TH AND 15TH STREETS;
C) THE SIDEWALKS ON THE EAST SIDE OF OCEAN DRIVE
BETWEEN SOUTH POINTE DRIVE AND 15th STREET; D) THE SOUTH
POINTE PARK CUTWALK ADJACENT AND PARALLEL TO
GOVERNMENT CUT; AND E) THE MARINA BAYWALK ADJACENT
AND PARALLEL TO BISCAYNE BAY AND SOUTH OF 5th STREET;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of Miami Beach seek to
encourage the safe use of pedestrian ways in the City; and to facilitate and balance the health,
safety, and welfare interests of pedestrians, bicyclists, and others utilizing bicycle paths,
sidewalks, and sidewalk areas in the City; and
WHEREAS; the City of Miami Beach is an international tourist destination that attracts
visitors year round and experiences significant use and congestion on its bike paths, sidewalks,
and pedestrian ways and, in particular: on the Beachwalk between 15th and 23rd Streets,
between 64th and 79th Streets, and south of 5th Street; the Lummus Park Promenade (also
known as the Lummus Park Serpentine Walkway) between 5th and 15th Streets; the sidewalks
on the east side of Ocean Drive (motorized means of transportation are currently prohibited on
the west side of Ocean Drive between South Pointe Drive and 15th Street); the South Pointe
Park Cutwalk adjacent and parallel to Government Cut; and the Marina Baywalk adjacent and
parallel to Biscayne Bay and south of 5th Street; and
WHEREAS, the above-referenced locations are adjacent to, or with close proximity of,
high density pedestrian areas that include Convention Center hotels and other high density
hotel and residential buildings, and major City attractions including the City's world renowned
beaches, Ocean Drive, Lummus Park, South Pointe Park, the Miami Beach Marina, Lincoln
Road, The Fillmore Miami Beach at the Jackie Gleason Theater, The New World Center and
Soundscape Park, the North Shore Park and Bandshell, and the North Shore Open Space Park;
and
WHEREAS, Section 316.2068(5) of the Florida Statutes provides that a municipality
may regulate the operation of electric personal assistive mobility devices on any road, street,
sidewalk, or bicycle path under its jurisdiction if the governing body of the...municipality
determines that regulation is necessary in the interest of safety"; and
WHEREAS, subject to limited exceptions, Section 316.1995 of the Florida Statutes
provides that a person may not drive any vehicle other than by human power upon a bicycle
path, sidewalk, or sidewalk area; and
WHEREAS, motorized bicycles, mopeds, and motorized scooters are defined as
vehicles under Section 316.003 of the Florida Statutes and, subject to limited exceptions, are
not authorized on bicycle paths, sidewalks or sidewalk areas; and
WHEREAS, except as otherwise provided, the regulations and prohibitions for motorized
means of transportation in Division 2 of Article II of Chapter 70 of the City Code are intended to
apply to electric personal assistive mobility devices and all other devises and means of
transportation propelled other than solely by human power including, but not limited to, electric,
battery, or fuel propulsion; and
WHEREAS, due to the safety concerns and injuries already experienced, the Mayor and
City Commission hereby determine that it is necessary in the interest of safety that all motorized
means of transportation be prohibited on the Beachwalk between 15th and 23rd Streets, between
64th and 79th Streets, and South of 5th Street; the Lummus Park Promenade (also known as the
Lummus Park Serpentine Walkway) between 5th and 15th Streets; the sidewalks on the east side
of Ocean Drive; the South Pointe Park Cutwalk adjacent and parallel to Government Cut; and
the Marina Baywalk adjacent and parallel to Biscayne Bay and south of 5th Street at all times,
except as otherwise provided.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Division 2 of Article II of Chapter 70 of the Code of the City Miami Beach is
hereby amended as follows:
CHAPTER 70
MISCELLANEOUS OFFENSES
ARTICLE II. Public Places
DIVISION 2. Bicycling, Skateboarding, Roller Skating, In-Line Skating,
and Motorized Means of Transportation
Sec. 70-67. Prohibited activities.
(a) It shall be unlawful for any person to engage in skateboarding, or operating any
motorized means of transportation, except for wheelchairs or other such motorized
devices when used by disabled persons, in, on, or upon any portion of Lincoln Road
Mall lying west of the westerly line of Washington Avenue to the easterly line of Alton
Road at any time.
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(b) It shall be unlawful for any person to engage in bicycling, roller skating, in-line
skating, or skateboarding, , in,
on, or upon any portion of the sidewalk on the west side of Ocean Drive between
South Pointe Drive and 15th Street at any time.
(c) It shall be unlawful to operate, at any time, any motorized means of transportation,
except for wheelchairs or other motorized means of transportation when used by
disabled persons, in, on, or upon any portion of: a) the Beachwalk between 15th and
23rd Streets, between 64th and 79th Streets, and South of 5th Street, b) the Lummus
Park Promenade (also known as the Lummus Park Serpentine Walkway) between
5th'and 15th Streets; c) the sidewalks on the east and west sides of Ocean Drive
between South Pointe Drive and 15th Street; d) the South Pointe Park Cutwalk
adjacent and parallel to Government Cut; and e) the Marina Baywalk adjacent and
parallel to Biscayne Bay and south of 5th Street.
{c4 (d) It shall be unlawful to operate any motorized means of transportation, in, on, or upon
any sidewalk or sidewalk areas in the city, except for (a) wheelchairs or other
motorized means of transportation when used by disabled persons and (b) electric
personal assistive mobility devices, where otherwise not prohibited, which shall be
restricted to a maximum speed of eight miles per hour.
{d} (e) It shall be unlawful to operate an electric personal assistive mobility device on any
bicycle path in the city, where otherwise not prohibited, at a speed greater than eight
miles per hour.
It shall be unlawful to rind, rail slide, launch, or stall on the skateboard, in-line
{$}�f g
skates, or roller skates or to engage in any other such type of activity which results in
the damage of public or private property.
{f} L(:jj It shall be unlawful to operate an electric personal assistive mobility device on interior
pathways within South Pointe Park and Collins Park.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4. 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 part of the
Code of the City of Miami Beach, 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.
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SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the day of May, 2014.
PASSED AND ADOPTED this day of May, 2014.
ATTEST:
INCORP! ORAL EP Hi; Lev' a or
Rafapfl E. Granado, Cfty Clerk = ,
(Sponsored by Commissioner Jonah Wolfson)
APPROVED AS TO
FORM &LANGUAGE
Underline denotes additions & FOR EXECUTION
Strike thFo gh denotes deletions
City Attorney Date
F:\ATTO\TURN\ORDINANC\Chapter 70-Prohibit Motorized Transportation Beachwalk, Lummus Promenade,east Ocean,Cutwalk,
Baywalk.docx
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Condensed Title:
An Ordinance Amending Chapter 70 Of The Code Of The City Of Miami Beach,Entitled"Miscellaneous Offenses,"
- - By Amending Article 11, Entitled "Public Places" By Amending Section 70-67, Entitled "Prohibited Activities" To
Prohibit Motorized Means Of Transportation In, On Or Upon Any Portion Of A)The Beachwalk Between 15TH To
23RD Streets And Between 64TH To 79TH Streets,And South Of 5th'Street;Bd On The Lummus Park Promenade(Also
Known As The Lummus Park Serpentine Walkway)Between 5TH And 15T Streets;C)The Sidewalks On The East
Side Of Ocean Drive Between South Pointe Drive And 15th Street; D)The South Pointe Park Cutwalk Adjacent And
Parallel To Government Cut;And E)The Marina Baywalk Adjacent And Parallel To Biscayne Bay And South of 5th
Street; Providing For Repealer, Severabilit , Codification,And An Effective Date.
Key Intended Outcome Supported: Enhance Pedestrian Safety Universally.
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2012 Miami Beach Community
Satisfaction Survey Final Report, nearly half of residents(48%)claimed they would ride bicycles;this is considerably
higher than the percentage in 2009;48%of residents believe there are too few bike paths/lanes.
Issue:
Shall the Mayor and City Commission approve the Ordinance?
Item Summa /Recommendation:
At its October 24, 2012 meeting, the City Commission passed and adopted Ordinance No. 2012-3780 and
Resolution No. 2012-28041 which provided various regulations concerning Segways. The Ordinance amended
Chapter 70,Article 11,Division 2 of the City Code,and in particular,Sections 70-66,70-67,70-68,70-69,70-70,and
added Section 70-71. The Ordinance restricted the speed of Segways to eight(8)MPH on all sidewalks,sidewalk
areas,and bicycle paths,and prohibited the operation of Segways on interior pathways within South Pointe Park and
Collins Park and on the sidewalk on the west side of Ocean Drive between South Pointe Drive and 15th Street.Pre-
existing code provisions prohibited motorized means of transportation, except for wheelchairs or other motorized
devices when used by disabled persons in,on,or upon any portion of Lincoln Road Mall from the west sidewalk of
Washington Avenue to the east sidewalk of Alton Road.
In addition to the regulations provided in the City's Code and Administrative Rules, federal regulations prohibit
electric personal assistive mobility devices on any bicycle transportation and pedestrian walkway facility,including
trails,funded under the Federal-aid highway funding program categories. Pursuant to 23 U.S.C.§217,an exception
to the federal prohibition is if a mobility device is used by persons with mobility related disabilities. A substantial
portion of the City's existing Beachwalk was funded by the Transportation Enhancement Program(TEP),a Federal
Highway Administration(FHWA)discretionary grant program administered locally by the Miami-Dade Metropolitan
Planning Organization (MPO) and the Florida Department of Transportation (FDOT). ExistinM federally-funded
portions of the Beachwalk include the segments between 15th and 23rd Streets and between 64 and 79th Streets.
In the interest of enhancing safety, promoting pedestrian and bicycle-use along the City's coastal pathways,and in
response to recurring complaints from the community, as well as a result of observations regarding the use of
Segways on the City's Beachwalks and the Lummus Park Promenade(also known as the Serpentine Walkway),the
Administration recommends the proposed ordinance prohibiting motorized means of transportation, except for
wheelchairs or other motorized means of transportation when used by disabled persons,in,on or upon the following
areas A) the Beachwalk between 15th and 23rd Streets and between 64th and 79th Streets, B) Lummus Park
Promenade between 5th and 15th Streets;C)The sidewalks on the east side Of Ocean Drive between South Pointe
Drive and 15th Street; D)The South Pointe Park cutwalk adjacent and parallel to Government Cut; E)The Marina
Baywalk adjacent and parallel to Biscayne Bay and South of 5th Street.
Pursuant to City Commission directives at the March 5, 2014 Commission meeting, City staff will provide a map
depicting areas where Segways, and other motorized means of transportation are prohibited to entities providing
Segway rentals and tours. Additionally, signage will be updated to include the prohibition of Segways and other
motorized means of transportation on the Beachwalk and the other prohibited areas as a result of the proposed
Ordinance. In addition, the insurance requirements contained in the Administrative Rules were reviewed and
determined to be adequate. At the April 23, 2014 City Commission meeting, additional areas were added where
Segways and other motorized means of transportation would be prohibited specifically the sidewalks on the east side
of Ocean Drive between South Pointe Drive and 15th Street,the South Pointe Park Cutwalk adjacent and parallel to
Government Cut and the Marina Baywalk adjacent and parallel to Biscayne Bay and south of 5th Street, thus an
additional second reading/public hearing was scheduled for May 21,2014.
THE ADMINISTRATION RECOMMENDS THAT THE ORDINANCE BE ADOPTED ON SECOND READING.
Advisory Board Recommendation:
At the April 23,2014 City Commission meeting,the Commission adopted the Ordinance as amended.
Financial Information:
Source of Amount Account
Funds: 1
OBPI Total
Financial Impact Summary: None.
City Clerk's Office Legislative Tracking:
Jose R: Gonzalez X6768
T:IAGENDA\2014Wpril\Ordinance Prohibiting Motorized Means Of Transportation on Beachwalk SUMM.doc
Department Director Assistant CA Manager City er
JRGW KGB A JLM
E[6®A 6TEM
MIAMI BEACH SATE
MIAMI BEACH
"City c f W6,mi Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMI SION MEMORANDUM
TO: Mayor Philip Levine and Member of the ' y Co ssion
FROM: Jimmy L. Morales, City Manage SECOND READING
PUBLIC HEARING
DATE: May 21, 2014
SUBJECT: AN ORDINANCE AMENDING C APTER 70 OF THE CODE OF THE CITY OF MIAMI
BEACH, ENTITLED "MISCELLA EOUS OFFENSES," BY AMENDING ARTICLE II,
ENTITLED "PUBLIC PLACES" BY AMENDING SECTION 70-67, ENTITLED
"PROHIBITED ACTIVITIES" TO PROHIBIT THE OPERATION OF MOTORIZED
MEANS OF TRANSPORTATION IN, ON OR UPON ANY PORTION OF A) THE
BEACHWALK BETWEEN 15TH AND 23RD STREETS, BETWEEN 64TH AND 79TH
STREETS, AND SOUTH OF 5TH STREET; B) THE LUMMUS PARK PROMENADE
(ALSO KNOWN AS THE LUMMUS PARK SERPENTINE WALKWAY)BETWEEN 5TH
AND 15TH STREETS; C)THE SIDEWALKS ON THE EAST SIDE OF OCEAN DRIVE
BETWEEN SOUTH POINTE DRIVE AND 15TH STREET; D) THE SOUTH POINTE
PARK CUTWALK ADJACENT AND PARALLEL TO GOVERNMENT CUT; AND E)
THE MARINA BAYWALK ADJACENT AND PARALLEL TO BISCAYNE BAY AND
SOUTH OF 5TH STREET; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION,AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that this item be adopted on Second Reading. This item was
approved on First Reading at the City Commission meeting on March 5, 2014.
FINANCIAL IMPACT
Charter section 5.02 requires that the "City of Miami Beach shall consider the long-term economic
impact(at least 5 years)of proposed legislative actions." Staff has determined that there will not be
a fiscal impact on the City's budget by enacting the proposed ordinance. The implementation of the
proposed Ordinance would not require additional staffing. Enforcement of the proposed Ordinance
would be achieved through the Code Compliance and Police Departments, utilizing existing
resources.
BACKGROUND
In 2007, the City of Miami Beach (City)adopted the Atlantic Greenway Network(AGN) master plan
to create a safer environment for pedestrians and bicyclists. The AGN proposed a comprehensive
network of pedestrian and bicycle facilities that provide direct access to important destinations within
the City, linking residential neighborhoods, commercial centers, and parks. The Beachwalk and
Baywalk are major components of the AGN system and facilitate the use of alternative and
sustainable forms of transportation throughout the City.
Commission Memorandum—Ordinance Prohibiting Motorized Means of Transportation on Beachwalks
May 21, 2014
Page 2 of 5
The dense urban environment of Miami Beach leads to a high percentage of users competing for
public space, including pedestrian pathways and sidewalks. Recently, the use has increased with
Electric Personal Assistive Mobility Devices(also known as Segways) along the City's Beachwalk.
Recently,this has also included the use of Electric Personal Assistive Mobility Devices(also known
as Segways) along the City's Beachwalk. Recent complaints with regard to Segway use in the City
have ranged from the speed at which the users pass pedestrians, often without any warning to the
pedestrian; careless and reckless behavior by the users causing congestion and fear of injury on
heavily traveled pedestrian walkways; and collisions with pedestrians causing personal injuries.
CURRENT REGULATIONS
At its October 24, 2012 meeting, the City Commission passed and adopted Ordinance No. 2012-
3780 and Resolution No. 2012-28041 which provided various regulations concerning Segways.The
Ordinance amended Chapter 70, Article ll, Division 2 of the City Code, and in particular, Sections
70-66, 70-67, 70-68, 70-69, 70-70, and added Section 70-71. The Ordinance restricted the speed of
Segways to eight (8) MPH on all sidewalks, sidewalk areas, and bicycle paths, and prohibited the
operation of Segways on interior pathways within South Pointe Park and Collins Park and on the
sidewalk on the west side of Ocean Drive between South Pointe Drive and 15th Street. Pre-existing
code--provisions prohibit motorized means of transportation, except for wheelchairs or other
motorized devices,when used by disabled persons in, on, or upon any portion of Lincoln Road Mall
from the west sidewalk of Washington Avenue to the east sidewalk of Alton Road.
Resolution No. 2012-28041 (Attachment A) set forth Administrative Rules to address electric
personal assistive mobility devices. Administrative Rules are provided for in Sections 70-69 and 70-
70 of the City Code, pursuant to Ordinance No. 2012-3780. The Administrative Rules provide
regulations, in addition to those set forth in City Code, for the safe operation of electric personal
assistive mobility devices within the City and set forth various responsibilities for a) persons and
business entities .providing rentals, leases, and/or tours of electric personal assistive mobility
devices, and b) operators of electric personal assistive mobility devices. The Administrative Rules
are as follows:
Responsibilities of Persons and Business Entities Providing Rentals Leases and/or Tours of
Electric Personal Assistive Mobility Devices
a) The insurance required pursuant to Section 70-70(b)of the City Code shall be obtained from
-an insurance company that is Best rated of B+ VI, or better, and shall include medical
payment coverage no less than $25,000 for any injured persons and a minimum of
$1,000,000 in liability insurance coverage that includes any and all renters/lessees as
named or additional insureds.
b) The name and telephone numbers of the person or business entity that rents/leases and/or
provides tours for electric personal assistive mobility devices,as well as a device ID number,
..shall be affixed on the personal assistive mobility device with lettering and numbers at least
4" in height.
c) Prior to renting or leasing an electric personal assistive mobility device, the user of the
device must be trained as to the safe operation of the device.
d) Accidents regarding electric personal assistive mobility devices shall be promptly reported to
the Miami Beach Police Department and Miami Beach Fire Rescue.
Commission Memorandum—Ordinance Prohibiting Motorized Means of Transportation on Beachwalks
May 21, 2014
Page 3 of 5
e) The City Code and these Administrative Rules shall be posted in a conspicuous place of any
business entity renting/leasing and/or providing tours for electric personal assistive mobility
devices.
f) Electric assistive personal mobility devices shall not be leased, rented, or used for tours after
sunset or before sunrise or during inclement weather.
g) Electric personal assistive mobility devices shall not be put into service for use by the public
when it is suspected that the device is unsafe.
h) Electric personal mobility devices shall not be leased or rented to a person who is believed
to be incompetent to operate the device or who might be recklessly indifferent to the safety
of others.
i) Electric personal assistive mobility devices shall not be rented or leased to,or used for tours
by, any person under the age of 16 or under 100 pounds in weight.
Responsibilities of Operators of Electric Personal Assistive Mobility Devices
a) If an operator has an accident with a pedestrian or other person, the operator must
immediately report the accident to the Miami Beach Police Department and Miami Beach
Fire Rescue. In addition, the operator must i) remain on the scene until a police officer
arrives, ii)identify himself/herself to the victim and to the police officer, and iii) provide to the
victim and the police officer the name of the person or business that leased or rented the
device.
b) Operators of personal assistive mobility devices shall not operate the device in a reckless
manner, nor shall the operator obstruct or endanger pedestrian or vehicular traffic.
c) Electric personal assistive mobility devices shall not be operated after sunset or before
sunrise or during inclement weather.
ANALYSIS
In addition to City Code regulations contained in Chapter 70 and in the City's Administrative Rules,
Section 82-438 of the City Code prohibits wheeled conveyances on the wooden elevated
Boardwalk, between 24th and 45th Streets,except when required by disabled persons,strollers,or as
required by fire, police, ocean rescue, or other city employees and agents as may be authorized by
the City Manager.
Currently, in Section 70-67 of the City Code, motorized means of transportation, except for
wheelchairs or other such motorized devices when used by disabled persons, are prohibited in the
following areas:
• any portion of Lincoln Road Mall between the west side of Washington Avenue and the east
side of Alton Road
• on the west side of Ocean Drive between South Pointe Drive and 15th Street
• on the interior pathways within South Pointe Park and Collins Park
Attachment B depicts a map of the City's coastal pathways, both existing and planned, where
Segways are prohibited, either by U.S. Code and/or City Code(current and proposed). Additionally,
for clarification purposes, the map depicts the interior pathways of South Pointe Park and Collins
Park where are prohibited as a result of existing City Code provisions.
Commission Memorandum—Ordinance Prohibiting Motorized Means of Transportation on Beachwalks
May 21, 2014
Page 4 of 5
In addition to the regulations provided in the City's Code and Administrative Rules, federal
regulations prohibit(certain motorized vehicles)including electric personal assistive mobility devices
on any bicycle transportation and pedestrian walkway facility, including trails, funded under the
Federal-aid highway funding program categories. Pursuant to 23 U.S.C. §217, an exception to the
federal prohibition is if a mobility device is used by persons with mobility related disabilities. A
substantial portion of the City's existing Beachwalk was funded by the Transportation Enhancement
Program (TEP), a Federal Highway Administration (FHWA) discretionary grant program
administered locally by the Miami-Dade Metropolitan Planning Organization (MPO)and the Florida
Department of Transportation (FDOT). Existing federally-funded portions of the Beachwalk include
the segments between 15th and 23rd Streets and between 64th and 79th Streets. There are several
federally-funded portions of the Beachwalk that are currently in the design development or
construction phase. Once these segments are constructed and open to the public, motorized
means of transportation, including Segways, will be prohibited by federal law. Further, a few
privately-funded segments of Beachwalk are currently in construction. Since these segments are
located adjacent to or between federally-funded portions of the Beachwalk or the existing boardwalk,
motorized means of transportation will also be prohibited along these segments should the City
Commission approve the proposed Ordinance.
PROPOSED ORDINANCE
The proposed Ordinance will amend Section 70-67 of the City Code to prohibit the operation of any
motorized means of transportation at any time, except for wheelchairs or other motorized means of
transportation when used by disabled persons in, on, or upon the following areas:
• Beachwalk between 15th and 23rd Streets
• Beachwalk between 64th and 79th Streets
• Lummus Park Promenade(also known as the Lummus Park Serpentine Walkway)between
5th and 15th Streets
�. Sidewalks on the east side Of Ocean Drive between South Pointe Drive and 15th Street
• South Pointe Park cutwalk adjacent and parallel to Government Cut
• Marina Baywalk adjacent and parallel to Biscayne Bay and South of 5th Street
The Ordinance was adopted on first reading on March 5, 2014. When the item was presented for
second reading on April 23, 2014, additional areas were added where Segways and other motorized
means of transportation would be prohibited, specifically the sidewalks on the east side of Ocean
Drive between South Pointe Drive and 15th Street, the South Pointe Park Cutwalk adjacent and
parallel to Government Cut and the Marina Baywalk adjacent and parallel to Biscayne Bay and
south of 5th Street, thus an additional second reading/public hearing was scheduled for May 21,
2014. The discussion also included the need for stricter penalties violations of Chapter 70,Article II,
Division 2, regarding the operations of Segways (Electrical Personal Assisting Mobility Devices).
Pursuant to direction from the City Attorney, the stricter penalties will be addressed in a separate
ordinance to be brought to Commission in June.
Further pursuant to City Commission directives at the March 5,2014 Commission meeting, City staff
will provide a map depicting areas where Segways,and other motorized means of transportation are
prohibited to entities providing Segway rentals and tours. Additionally, signage will be updated to
include the prohibition of Segways and other motorized means of transportation on the Beachwalk
and the other prohibited areas as a result of the proposed Ordinance. In addition, the insurance
requirements contained in the Administrative Rules were reviewed and determined to be adequate.
Commission Memorandum—Ordinance Prohibiting Motorized Means of Transportation on Beachwalks
May 21, 2014
Page 5 of 5
RECOMMENDATION
In the interest of enhancing safety, promoting pedestrian and bicycle-use along the City's coastal
pathways, and in response to recurring complaints from the community, as well as a result of
observations regarding the use of Segways on the City's Beachwalks and the Lummus Park
Promenade (also known as the Serpentine Walkway), the Administration recommends approving
the prohibition of motorized means of transportation on the Beachwalk between 15th and 23rd Streets
and between 64th and 79th Streets,the Lummus Park Promenade between 5th and 15th Streets, the
Sidewalks On The East Side Of Ocean Drive Between South Pointe Drive And 15th Street, the
South Pointe Park Cutwalk Adjacent And Parallel To Government Cut and the Marina Baywalk
Adjacent And Parallel To Biscayne Bay And South Of 5th Street.
Attachments:
A: Resolution No. 2012-28041
B: Map of Segway-Prohibited Areas
KGB/J
T:\AGENDA\2014\May\Ordinance Prohibiting Motorized Means Of Transportation on Beachwalk MEMO.doc
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MIAMI HERALD I MiarniHerald.corn NE THURSDAY,MAY 8,20M 1 1914E
iVIIAMIBEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of Miami Beach,Florida,in the Commission Chambers,3rd floor,City Hall,1700 Convention Center Drive,
Miami Beach,Florida,an Wednesday,May 21,2014,to consider the following:
10:00 a.m.
Ordinance Amending Chapter 2 Of The Code Of The City Of Miami Beach,Entitled'Administration."By Amending Article I,Entitled'In General,"By Creating Section 2.1,To Be Entitled"Reasonable Opportunity
To Be Heard,"To Provide Rules Regarding Public Participation in City Meetings.inquiries may be directed to the CiiyAtterrrey's Office 305-673-7470.
10,05 a.m.
Ordinance Amending Miami Beach City Code Chapter 2 Entitled`Administration,"Artide VII"Standards Of Conduct,'Section 2-458 Thereof Entitled'Supplemental Abstention And Disclosure Requirements"By Providing
That A City Of Miami Beach Elected Or Appointed Public Officer With A Conflict Of interest On A Particular Matter Shall Absent Himself From The Agency Meeting On Which He Serves During Said Agency's Discussion
Of That Matter.Inquiries may be directed to the City Attorney's Office 305-673-7470.
10:10 a.m.
Ordinance Amending Chapter 10 Of The Miami Beach City Code,Entitled'Animals,'By Creating Section 10-17,To Be Entitled'Certain Techniques And Devices Prohibited;Enforcement;Penalties":And By Amending
Sections 10-2 And 10-3 To Cross-Reference The New Provisions In Section 10-17.inquiries may be directed to the Ciry Attorney§Office 305-673-7470
10:15 a.m.
Ordinance Amending Chapter 10 Of The Miami Beach City Code,Entitled'Animals,'By Creating Section 10-18,To Be Entitled'Requirements For Sales Of Dogs And Cats;Definitions;Permitted Sources;Certificate
Of Source;Penalties%And By Amending Sections 10.2 And 10-3 To Cross-Reference The New Provisions in Section 10-1a.inquiries may be directed to the City Attorneys Office 305.673-7470
10:20 a.m.
Alcohol in Movie Theaters
An Ordinance Amending The City Code,By Amending Chapter 6,"Alcoholic Beverrages,'Artide 1,'In General,'Section 6-4,`Location And Use Restrictions,'By Permitting Alcohol Beverages To Be Sold In Motion Picture
Theaters,Establishing Criteria,Standards And Procedures For Eligible Theaters And Where Alcohol Can Be Sold And Consumed;And Amending Section 6-5,"Patron Age Restrictions,'Exempting Motion Picture Theaters
From The Code's Patron Age Restrictions.inquiries may be directed to the City Attorney's Office 305-673-7470.
10:25 a.m.
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach,Florida,Amending Chapter 70 Of The Code Of The City Of Miami Beach,Entitled"Miscellaneous Offenses;By Amending Article II,Entitled
"Public Places"By Amending Division 2,Entitled"Bicycling,Skateboarding,Roller Skating,In-Line Skating,And Motorized Means Of Transportation,"By Amending Section 70-67 Thereof,Entitled"Prohibited Activities,'
To Prohibit The Operation Of Motorized Means Of Transportation In,On Or Upon Any Portion Of A)The Beachwatk Between 15"-And 23"Streets,Between 6411 And 79"Streets,And South Of 5'i Street;B)The Lummus
Park Promenade(Also Known As The Lummus Park Serpentine Walkway)Between 5111 And 19 Streets;C)The Sidewalks On The East Side Of Ocean Drive Between South Pointe Drive And 15"Street;D)The South Pointe
Park Cutwalk Adjacent And Parallel To Government Cut;And E)The Marina Baywalk Adjacent And Parallel To Biscayne Bay And South Of 51,Street;Providing For Repealer,Severability,Codificatlon;And An Effective Date.
Inquiries may be directed to the City Attorney's Office 305-673-7470.
10:30 a.m.
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach,Florida,Amending Chapter 106 Of The Miami Beach City Code,Entitled"Traffic And Vehicles,"By Amending Article II,Entitled"Metered
Parking,"By Amending Division 1,Entitled"Generally."By Amending Section 106-55,Entitled"Parking Rates,Fees,And Penalties,"By Amending Subsection(N),Entitled,"HybridALEV Qnherenby Low Emissions Vehicles)
Vehicles Incentive,"ByAmending Vehicle Participation Criteria For-The Hybrid/ILEV Vehicles incentive Program To Substitute Vehicles With An EPA(Environmental Protection Agency)Smartway Deslgnatiorr,.And Establishing
An Annual Miami Beach Resident Permit Fee For Scooters And Motorcycles;Providing For Codification,Repealer,Severability,And An Effective Date.Inquiries may be directed to the Parking Department 305-673-7275.
10:35 a.m.
An Ordinance Amending Chapter 106 Of The Miami Beach City Code,Entitled"Traffic And Vehicles"ByAmendingArticle 11,Entitled'Metered Parking,'By Amending Division I,Entitled"Generally,'ByAmendng Section 106-47,
Entitled"Freight,Commercial,And Passenger Curb Loading Zones',Hours,Deliveries';Creating Subsection(F),Permit Required;Further Amending Section 106-55;Establishing Subsection(0),Entitled,"Freight Loading Zone
(FLZ)Permit";And Subsection(P),Entitled,Alley Loading(AL)Permit;Providing Far Codification,Repealer,Severability,And An Effective Date.inquiries maybe directed to the Parking Department 305-673-7275.
10:40 a.m.
AFSCME MBERP Ordinance
An Ordinance Implementing Provisions Of The 2013-2016 Collective Bargaining Agreement Between The City And The American Federation Of State,County And Municipal Employees,(AFSCME)Local 1554;Amending
The Miami.Beach Employees'Retirement Plan Created By Ordinance 2006-3504;Amending Section 2..26 Of The Plan By Extending The Deferred Retirement Option Plan(DROP)Program From Three(3)To Five(5)
Years For Eligible Members;Amending Section 5.13 To Reflect.Amended Eligibility And Participation Requirements And Amended DROP Plan Features,Amending Section 4.03 By Eliminating The Purchase Of Additional
Creditable Service Effective April 23,2015;Amending Section 6.02 Of The Plan By Reinstating n Additional Two Percent Member Contribution For Members 1
9 0 o e hers 0 The AFSCME Bargaining Unit Hired Prior To September 30,
2010;And Eliminating The Additional Two Percent Member Contribution When The Plan Actuary Confirms That The City's Annual Required Contribution To The Retirement Plan is 23.5%Of Payroll Or Less.lnquiries may
be directed to the Human Resources Department 305-673-7524.
NOTE See also advertisement d 884,for additional public hearings occurring on May 21,2014.
Dr.Stanley Sutnick Citizen's Forum-The times for the Or.Stanley Sutnick Citizen's Forum are 8:30 am.and 1:00 p.m.,or as soon as possible thereafter.Approximately thirty minutes will be allocated to each session,
with individuals being fnmited to no more than three minutes or for a period established by the Mayor.No appointment or advance notification Is needed In order to speak to the Commission during this Forum.
INTERESTED PARTIES are invited to appear at this meeting,or be represented by an agent,or to express their views In writing addressed to the Oty Commission,c/o the City Clerk,1700 Convention Center Drive,Id Floor,
City Hall,Miami Beach;Florida 33139.Copies of these items are available far public inspection during normal business hours in the City Clerk's Office.1700 Convention Center Drive,1'Floor,City Hall,Miami Beach.
Florida 33139.This meeting,or any Item herein,may be continued,and under such circumstances,additional legal notice need not be provided.
Pursuant.to Section 286:0105,Fla.Stat;the City hereby advises the public that:if a person decides to appeal any decision made by the Clty Commission with respectto any matter considered at its meeting or its hearing,
such person must ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.This notice does not constitute consent by the City
for the Introduction or admission of otherwise inadmissible or irrelevant evidence,nor does it authorize challenges or appeals not otherwise allowed by law.
To request this material in accessible format,sign language interpreters,Information on access for persons with disabilities and/or any accommodation to review any document or participate in any City-sponsored
proceeding,please contact us five days in advance at 305-673-7411(voice)or TTY users may also call the Florida Relay Service at 711.
Rafael E.Granado,City Clerk
City of Miami Beach
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