2014-3883 Ordinance I
ORDINANCE.NO. 2014-3883
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,99 BY AMENDING SECTION 70-67, ENTITLED
"PROHIBITED ACTIVITIES99 TO PROHIBIT MOTORIZED DEVICES
DEFINED AS A VEHICLE IN SECTION 316.003, FLA. STAT., AND
MOTORIZED MEANS OF TRANSPORTATION ON ANY STREET OR
ROAD CLOSED TO MOTOR VEHICLES BY THE POLICE DEPARTMENT
FOR EVENTS DURING HIGH IMPACT PERIODS; BY AMENDING
SECTION 70-69, ENTITLED "RESPONSIBILITIES OF BICYCLISTS,
SKATERS, AND PERSONS OPERATING ELECTRIC PERSONAL
ASSISTIVE MOBILITY _ DEVICES,99 BY AMENDING THE
RESPONSIBILITIES SET FORTH THEREIN; BY AMENDING SECTION 70-
70, ENTITLED "RESPONSIBILITIES OF PERSONS AND BUSINESS
ENTITIES PROVIDING RENTALS, LEASES, AND/OR TOURS OF
ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES," BY AMENDING
THE RESPONSIBILITIES SET FORTH THEREIN; BY AMENDING
SECTION 70-71, ENTITLED "ENFORCEMENT; PENALTIES," TO AMEND
AND PROVIDE ADDITIONAL PENALTIES FOR VIOLATIONS OF
SECTIONS 70-69(D)-(E) AND 70-70, AND AMENDING THE TIME TO
APPEAL VIOLATIONS; 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 sidewalks and bicycle paths in the City; and to facilitate and balance
the health, safety, and welfare interests of bicyclists and pedestrians, 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 from around the world year round which thereby significantly increases the use and
congestion of the City's bike paths, sidewalks, and pedestrian ways; and
WHEREAS, Section 316.2068(5) of the Florida Statutes was amended, effective July 1,
2012, to provide 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, Section 316.008 of the Florida Statutes authorizes local governments to,
among other things, regulate traffic by means of police officers, restrict the use of streets,
prohibit or 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 regulate persons upon skates,
coasters, and other toy vehicles; and
WHEREAS, mopeds, motorized scooters, and motorized bicycles are defined as
vehicles in Section 316.003 of the Florida Statutes: and
WHEREAS, Section 70-66 of the City Code defines motorized means of transportation
as any devices or means of transportation which are propelled other than solely by human
power and includes, but is not limited to, electric personal assistive mobility devices, motorized
skateboards, motorized skates, and any other motorized device not defined as a vehicle in
Section 316.003 of the Florida Statutes; and
WHEREAS, due to the significant increase in population and the intense demand placed
upon City rights-of-way for events held during high impact periods in the City, streets and roads
may be closed to motor vehicle traffic by the Police Department and such closed streets and
roads are then utilized by a high concentration of pedestrians; and
WHEREAS, in the interests of public safety and the normal and safe movement of
pedestrian traffic, whenever streets and roads are closed to motor vehicle traffic by the Police
Department for events during high impact periods, such streets and roads should also be closed
to motorized devices defined as a vehicle in the Florida Statutes and motorized means of
transportation defined in the City Code, except for motorized wheelchairs used by disabled
persons; and
WHEREAS, due to the safety concerns and injuries already experienced on
sidewalks and bike paths in the City, the Mayor and City Commission determine that it is in the
interest of public safety that electric personal assistive mobility devices, and other motorized
means of transportation, be regulated as provided in Division 2 of Article II of Chapter 70 of the
City Code and prohibited in the areas set forth in Section 70-67 of the City Code; and
WHEREAS, pursuant to Resolution No. 2012-28041, Administrative Rules regulating
businesses that lease, rent, or provide tours for electric personal assistive mobility devices and
the persons that operate such devices were adopted by the City Commission in the interest of
safety; and
WHEREAS, the regulations set forth in the Administrative Rules should be incorporated
into the City Code in the interest of safety, along with other regulations concerning electric
personal assistive mobility devices, and the enforcement, penalty, and appeal provisions
relative to violations of such regulations should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, THAT CHAPTER 70, ARTICLE II OF THE CODE
OF THE CITY OF MIAMI BEACH IS AMENDED 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
2
DIVISION 2. Bicycling, Skateboarding, Roller Skating, In-Line Skating,
and Motorized Means of Transportation
Sec. 70-67. Prohibited activities.
It shall be unlawful to operate any motorized device defined as a vehicle in
section 316.003, Fla. Stat. and any motorized means of transportation, except for
motorized wheelchairs when used by disabled persons, on any street or road that
is closed to motor vehicle traffic by the Police Department for events during high
impact periods, as such periods are annually designated by the city manager and
defined in Section 46-92(g)(1)(b).
Sec. 70-69. Responsibilities of bicyclists, skaters, and persons operating electric
personal assistive mobility devices.
(a) It shall be unlawful for any person to engage in bicycling, skateboarding, in-line
skating, roller skating, or operating electric personal assistive mobility devices in
the following areas, except for electric personal assistive mobility devices when
used by disabled persons in the areas set forth in (a)(1):
(1) On the grounds of any public facility including, but not limited to, city hall,
municipal parking garages, city police and fire stations, city public works
yards, and historically designated properties.
(2) On any public walls, ramps, fountains, or other fixtures or structures.
(b) Bicycles shall not be chained or otherwise secured to any tree, fixture, or object
which is not a bicycle rack on any portion of Lincoln Road or Ocean Drive.
(c) Whenever any person is riding a bicycle, skateboarding, in-line skating, roller
skating, or operating an electric personal assistive mobility device where
otherwise not prohibited, such person shall engage in such activity at a safe
speed which does not endanger the safety of pedestrians or others, shall not
obstruct or endanger pedestrian or vehicular traffic, shall yield the right-of-way to
any pedestrian, and shall give an audible signal before overtaking and passing
such pedestrian.
(d) Whenever a person is operating an electric personal assistive mobility device,
such person:
M Shall immediately report any accident with a pedestrian or other person to
the Miami Beach Police Department and Miami Beach Fire Rescue. In
addition, the operator must:
(a) remain on the scene until a police officer arrives;
(b) identify himself/herself to the victim and to the police officer; and
(c) provide to the victim and to the police officer the name of the person or
business that leased or rented the device.
3
Shall not operate the electric personal assistive mobility device between
sunset and sunrise or during inclement weather.
{ }� Whenever a person is operating an electric personal assistive mobility device,
such person shall comply with all applicable federal, state, and county
regulations, administration rules, and laws-, and
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all applicable administrative rules established by
the city.
Sec. 70-70. Responsibilities of persons and business entities providing rentals, leases,
and/or tours of electric personal assistive mobility devices.
Any person or business entity that rents, leases, and/or provides tours for electric
personal assistive mobility devices shall:
(a) Obtain a business tax receipt from the City pursuant to chapter 102 of the City
Code;
(b) Provide a minimum of $1,000,000.00 in commercial general liability insurance
coverage fef, including bodily iniury and property damage, from an insurance
company that is Best Guide rated B+ VI or better, that includes medical payment
coverage no less than $2-5,000 for any injured persons, and that includes the City
of Miami Beach as an named -er- additional named insured, a waiver of
subrogation clause, and shall specifically cover third party damages resulting
from the ownership, maintenance, and/or use of the electric personal assistive
mobility devices, however caused, and shall not have a clause excluding losses
resulting therefrom;
(c) Provide a certificate from an authorized electric personal assistive mobility device
dealer verifying that each device made available from rent, least, or tour has
been set to a maximum speed of eight mph;
(d) Obtain a release of liability and hold harmless agreement, acceptable to the city
attorney, releasing and holding the City of Miami Beach harmless from liability
signed by all renters of electric personal assistive mobility devices, which release
and hold harmless agreement shall be made available for inspection by the city
at any time during business hours;
(e) Provide all renters of electric personal assistive mobility devices with a copy of
�D��ii�v��ii,sion 2 of Article II of Chapter 70 of the all applicable fedeFalQ�Q GCity
sCode° Feg ilatinnS and adFAini6tFatiVe rules, and the City's map of
prohibited areas of operation, the receipt of which shall be acknowledged in
writing by the renter; and
(f Post a copy of Division 2 of Article II of Chapter 70 of the City Code, and a copy
of the City's map of prohibited areas of operation, in a conspicuous place at the
location where the electric personal assistive mobility devices are leased or
rented.
4
L(:11 Affix the name and telephone number of the person or business entity that
rents/leases and/or provides tours, as well as a device ID number, all of which
shall be in lettering and numbers at least 4" in height, on the front and back of
each electric personal assistive mobility device that is leased or rented.
Provide training as to the safe operation of electric personal assistive mobility
devices to all lessees or renters of the devices. The person or business entity
must maintain written proof, signed by the lessee or renter, that establishes the
training provided for the safe operation of the electric personal assistive mobility
device.
Lease, rent, or use electric personal assistive mobility devices for tours only
'between sunrise and sunset and not during inclement weather.
Lease, rent or provide tours on electric personal assistive mobility devices only to
persons 16 years of age or older and that weigh 100 or more pounds.
Not lease, rent or provide tours on electric personal assistive mobility devices
that are, or are suspected to be, unsafe for use.
M Not lease, rent or provide tours to persons who are believed to be intoxicated, act
with reckless disregard or indifference to the safety of others, or incompetent to
operate an electric personal assistive mobility device.
(m) Promptly report any accidents regarding leased or rented electric personal
assistive mobility devices to the Miami Beach Police Department and Miami
Beach Fire Rescue.
{f}�n Comply with all administrative rules that may be established by the city regarding
rentals, leases, tours, and the safe operation of electric personal assistive
mobility devices.
Sec. 70-71. Enforcement; penalties.
(a) A violation of the provisions in sections 70-67 and 70-69(a)-(c) by persons
operating electric personal assistive mobility devices or engaged in bicycling,
skateboarding, in-line skating, roller skating, or operating any motorized means
of transportation, shall be enforced by a police officer and shall be deemed a
noncriminal infraction as defined in F.S. § 318.13(3) and shall be subject to the
penalties set forth in F.S. § 316.655.
(b) A violation of the provisions in sections 70-69(d)-(e) and 70-70 shall be enforced
in accordance with the following procedures and penalties:
1. If a code compliance officer finds a violation, the compliance officer shall
issue a notice of violation to the violator as provided in chapter 30. The
notice shall inform the violator of the nature of the violation, amount of
fine for which the violator may be liable, instructions and due date for
paying the fine, notice that the violation may be appealed by requesting
an administrative hearing within 2-9 ten 10 days after service of the
notice of violation, and that failure to do so shall constitute an admission
5
of the violation and waiver of the right to a hearing.
2. A violator who has been served with a notice of violation shall elect either
to:
a. Pay the civil fine as follows for violations of sections 70-69(d)-(e):
i First offense ..........$100.00;
(ii) Second offense .....$250.00;
(iii) Third offense .........$500.00;
(iv) Fourth and subsequent offenses .....$1,000.00; e+
b. Pay the civil fine as follows for violations of sections 70-70(a) and
(c)-(n):
(i) First offense .$250.00;
(ii) Second offense .$500.00;
NO Third offense .$1,000.00;
(iv) Fourth and subsequent offenses .....$2,000.00;
C. Pay the civil fine as follow for violations of Section 70-70(b):
(i) First offense .$1,000.00;
(ii) Second offense .....$2,500.00;
(iii) Third and subsequent offenses .....$5,000.00; or
d. Request an administrative hearing within ten 10 2-9 days before a
special master appointed as provided in article II of chapter 30 to appeal
the decision of the code compliance officer which resulted in the issuance
of the notice of violation. If the offense is a violation of section 70-70(b),
the operation of the business must cease until the required insurance is
obtained.
3. G-.If the offense 4 is a fourth or subsequent offense of section 70-69(d)-(e)
or 70-70(a) or (c)-(n), it shall also be considered an habitual offender
offense and, in addition to the penalty set forth in subsections 70-
71(b)(2)a.(iv) and 70-71(b)(2)b.(iv); the city manager may issue an
administrative complaint for the suspension or revocation of a business
tax receipt and certificate of use as provided in sections 102-383 through
102-385.
9-4. If the named violator, after notice, fails to pay the civil fine or fails to timely
request an administrative hearing before a special master, the special
master shall be informed of such failure by report from the code
compliance officer. Failure of the named violator to appeal the decisions
of the code compliance officer 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 or an administrative hearing shall
be treated as an admission of the violation and penalties may be
assessed accordingly. The special master shall be prohibited from
hearing the merits of the notice of violation or consideration of the
timeliness of the request for an administrative hearing if the violator has
failed to request an administrative hearing within 2-9 ten 10 days of the
issuance of the notice of violation.
6
4-5. Any party aggrieved by the decision of the special master may appeal the
decision in accordance with law.
5-6. The city may institute proceedings in a court of competent jurisdiction to
compel payment of civil fines.
6-7. A certified copy of an order imposing a civil fine 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 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 which remains unpaid, the city may foreclose or
otherwise execute upon the lien.
(c) The procedures for appeal of the notice of violation by administrative hearing
shall be as set forth in sections 30-72 and 30-73.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITV.
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.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the day of Aei;zej1 , 2014.
PASSED AND ADOPTED this day of 741& , 2014.
ATTEST:
Philip Levine
Rafael E. Granado,_ ie �
=-�- APPROVED AS TO
(Sponsored by Co rats dyer Wolfson
INCt-F CRq __nn FORM & LANGUAGE
F:\ATTO\TURN\ORDINA t99way-Mot�r zed Me Efts Reg 1 tions II-Final 7-14-14.docx FOR EXECUTION
➢ � City Attorney D®
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Amending Chapter 70 Of The Code Of The City Of Miami Beach, Entitled "Miscellaneous Offenses," By
Amending Article li,Entitled Public Places,"By Amending Division 2,Entitled"Bicycling,Skateboarding,Roller Skating,In-
Line Skating,And Motorized Means Of Transportation,"By Amending Section 70-69,Entitled"Responsibilities Of Bicyclists,
Skaters,And Persons Operating Electric Personal Assistive Mobility Devices,"By Amending The Responsibilities Set Forth
Therein;By Amending Section 70-70,Entitled"Responsibilities Of Persons And Business Entities Providing Rentals,Leases
And /Or Tours Of Electric Personal Assistive Mobility Devices" By Amending The Responsibilities Set Forth Therein; By
Amending Section 70-71, Entitled"Enforcement;Penalties"To Provide Additional Penalties For Violations Of Sections 70-
69(D)-(E)And 70-70;Providing For Repealer,Severability,Codification,And Amending The Time To Appeal A Violation 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;48%of residents
believe there are too few bike paths/lanes.
Item Summa /Recommendation:
On October 24,2012,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 II,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.Pre-existing code provisions
prohibit motorized means of transportation,except for wheelchairs or other motorized means of transportation,when used by
disabled persons in,or any portion of Lincoln Road Mall from the west sidewalk of Washington Avenue to the east sidewalk of
Alton Road. Resolution No.2012-28041 adopted Administrative Rules to address electric personal assistive mobility devices
within the City and set forth various responsibilities for a)persons and business entities providing rentals,leases,and/ortours
of electric personal assistive mobility devices,and b)operators of electric personal assistive mobility devices.
Pursuant to Ordinance 2014-3862 adopted on May 21,2014,the City Code regulations in Section 70-67 were amended to
prohibit motorized means of transportation,except for motorized wheelchairs when used by disable persons,in the following
additional areas:
• Beachwalk between 15th and 23rd Streets
• Beachwalk between 64th and 79th Streets
• Beachwalk south of 5`h Street
• Lummus Park Promenade between 51h 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
Following is a summary of the amendments to this Ordinance approved at First Reading:
• Section 70-67 entitled"Prohibited Activities"was amended at First Reading to add subsection(h)as follows:It shall
be unlawful to operate any motorized device defined as a vehicle in section 316.003.Fla.Stat.and any motorized
means of transportation,except for motorized wheelchairs when used by disabled persons,on any street or road
that is closed to motor vehicle traffic by the Police Department for events during high impact periods, as such
periods are annually designated by the city manager and defined in Section 46-92(g)(1)(b).
• Section 70-70,entitled"Responsibilities of persons and business entities providing rentals,lease,and/or tours of
electric personal assistance devices,"was amended at First Reading to provide revised language in subsection(b)
as follows: Provide a minimum of$1,000.000 in commercial general liability insurance coverage,including bodily
injury and property damage,form an insurance company that is Best Guide rated B+VI or better,that includes
medical payment coverage no less than$5,000 for any injured persons,and that includes the City of Miami Beach
as an additional named insured,a waiver of subrogation clause,and shall specifically cover third party damages
resulting from the ownership,maintenance,and/or use of the electric personal assistive mobility devices,however
caused,and shall not have a clause excluding losses resulting therefrom.
The Administration is in the process of fabricating the regulatory signs and anticipates completing the installation of such signs
in all prohibited areas,including interior pathways of parks,beachwalk,baywalk,cutwalk,and pedestrian areas by the end of
August. Additional potential regulations suggested by residents at the May 21, 2014 City Commission meeting will be
discussed at the NCAC meeting on July 25,2014 and the recommendations will be brought back to City Commission for
further consideration.
THE ADMINISTRATION RECOMMENDS THAT THE ORDINANCE BE ADOPTED ON SECOND READING.
Advisory Board Recommendation:
N/A
Financial Information:
Source of Amount Account
Funds: 1
OBPI Total
Financial Impact Summary: None.
City Clerk's Office Legislative Tracking:
Jose R. Gonzalez X6768
TAAGENDA\2014Uune\Ordinance Prohibiting Motorized Means Of Transportation on Beachwalk SUMM.doc
Department Director Assistant City Manager City Manager
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At'sE1rE�.A STEM SA
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MIAMI BEACH
City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Membe of the ity Commission
FROM: Jimmy L. Morales, City Manage ECOND READING
PUBLIC HEARING
DATE.: July 23, 2014
SUBJECT: 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, ENTITLED
"PROHIBITED ACTIVITIES" TO PROHIBIT MOTORIZED DEVICES
DEFINED AS A VEHICLE IN SECTION 316.003, FLA. STAT., AND
MOTORIZED MEANS OF TRANSPORTATION ON ANY STREET OR ROAD
CLOSED TO MOTOR VEHICLES BY THE POLICE DEPARTMENT FOR
EVENTS DURING HIGH IMPACT PERIODS; BY AMENDING SECTION 70-
69, ENTITLED "RESPONSIBILITIES OF BICYCLISTS, SKATERS, AND
PERSONS OPERATING ELECTRIC PERSONAL ASSISTIVE MOBILITY
DEVICES," BY AMENDING THE RESPONSIBILITIES SET FORTH
THEREIN; BY AMENDING SECTION 70-70, ENTITLED
"RESPONSIBILITIES OF PERSONS AND BUSINESS ENTITIES
PROVIDING RENTALS, LEASES, AND/OR TOURS OF ELECTRIC
PERSONAL ASSISTIVE MOBILITY DEVICES," BY AMENDING THE
RESPONSIBILITIES SET FORTH THEREIN; BY AMENDING SECTION 70-
71, ENTITLED "ENFORCEMENT; PENALTIES," TO AMEND AND
PROVIDE ADDITIONAL PENALTIES FOR VIOLATIONS OF SECTIONS 70-
69(D)-(E) AND 70-70, AND AMENDING THE TIME TO APPEAL
VIOLATIONS; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that this Ordinance be adopted on second reading.
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. The cost associated
Commission Memorandum-Ordinance Prohibiting Motorized Means of Transportation on Beachwalks
July 23,2014
Page 2
with the fabrication and installion of new regulatory signage on the Beachwalk, Baywalk,
Cutwalk, interior pathways of parks, Lincoln Road Mall, and other pedestrian areas where
motorized means of transportation is prohibited is anticipated to be funded through the
affected departments' operating budgets.
FIRST READING AMENDMENTS
Following is a summary of the amendments to this Ordinance approved at first reading:
• Section 70-67 entitled "Prohibited Activities" was amended at First Reading to add
subsection (h) as follows: It shall be unlawful to operate any motorized device
defined as a vehicle in section 316.003, Fla. Stat. and any motorized means of
transportation, except for motorized wheelchairs when used by disabled persons,
on any street or road that is closed to motor vehicle traffic by the Police
Department for events during high impact periods, as such periods are annually
designated by the city manager and defined in Section 46-92(g)(1)(b).
• Section 70-70, entitled "Responsibilities of persons and business entities
providing rentals, lease, and/or tours of electric personal assistance devices," was
amended at First Reading to provide revised language in subsection (b) as
follows: Provide a minimum of $1,000,000 in commercial general liability
insurance coverage, including bodily injury and property damage, form an
insurance company that is Best Guide rated B+ VI or better, that includes medical
payment coverage no less than $5,000 for any injured persons, and that includes
the City of Miami Beach as an additional named insured, a waiver of subrogation
clause, and shall specifically cover third party damages resulting from the
ownership, maintenance, and/or use of the electric personal assistive mobility
devices, however caused, and shall not have a clause excluding losses resulting
therefrom.
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.
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 of Electric Personal Assistive Mobility Devices (also known as Segways), has
increased on the City's Beachwalk and sidewalks. 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.
HISTORY REGARDING REGULATIONS
On October 24, 2012, 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 II, Division 2 of the City Code, and
Commission Memorandum-Ordinance Prohibiting Motorized Means of Transportation on Beachwalks
July 23,2014
Page 3
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 sidewalks 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) adopted Administrative Rules to address
electric personal assistive mobility devices. The Administrative Rules are provided for
and referenced in Sections 70-69 and 70-70 of the City Code. 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 attached hereto as Attachment
A.
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.
Pursuant to Ordinance 2014-3862 adopted on May 21, 2014, the City Code regulations in
Section 70-67 were amended to prohibit motorized means of transportation, except for
motorized wheelchairs when used by disabled persons, in the following additional areas:
• Beachwalk between 15th and 23rd Streets
• Beachwalk between 64th and 79th Streets
• Beachwalk south of 5th Street
• Lummus Park Promenade also known as the Lummus Park Serpentine
Walkway) between 5th and 15t 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
Attachment B depicts a map of the City's coastal pathways, both existing and planned,
where "motorized means of transportation" are prohibited by the City Code and by U.S.
Code provisions applicable to federally funded segments of the Beachwalk.
On June 11, 2014, City Commission adopted Ordinance No. 2014-3881 which prohibited
the operation of bicycles on Lincoln Road Mall between 9:00 am and 2:00 am. Ordinance
2014-3881 also amended the definitions in Division 2 of Article II of Chapter 70 of the City
Code to define "motorized means of transportation" to include "electric personal assistive
mobility devices" and all other devices and means of transportation propelled other than
-by human power, such as motorized skateboards and skates, but not those devices
defined as a "vehicle" under state law. Devices defined as a "vehicle" under state law,
such as mopeds, motorized scooters, and motorized bicycles are already prohibited on
bicycle paths, sidewalks, and sidewalk areas under state law and are enforced by the
Commission Memorandum-Ordinance Prohibiting Motorized Means of Transportation on Beachwalks
July 23,2014
Page 4
City's Police Department as noncriminal infractions punishable as moving violations
under Section 316.1995 of the Florida Statutes.
Violations of Section 70-67 (concerning prohibited areas and activities for operators of
motorized means of transportation) and Sections 70-69 (a)-(c) (concerning prohibited
areas and activities for operators of skateboards, bicycles, skates, and electric personal
assistive mobility devices) are also enforced by the City's Police Department, but are
deemed non-criminal infractions, punishable under state law.
Violations of Sections 70-69(d)-(e) and 70-70 are generally non-moving violations and are
enforced by Code compliance officers. These violations are punished by civil fines based
upon the severity of the violation. Violators may either pay the required fine or timely
appeal the violation to the Special Master. These violations concern the safety related
practices of businesses that provide rentals and tours. of. electric personal assistive
mobility devices, such as providing minimum insurance requirements, providing the City's
map of prohibited areas of operation to renters, affixing identifying information on the
devices, providing training to renters on the operation of the devices, age and weight
restrictions for renters, providing tours only between sunrise and sunset, not renting
unsafe devices onto persons believed to be intoxicated, and promptly reporting accidents
of leased devices. The responsibilities of operators of the devices include reporting
accidents with pedestrians, to only operate such devices between sunrise and sunset,
and not to operate such devices during inclement weather.
To further address safety concerns and accidents already experienced in the City, the
proposed amendments to Chapter 70 are necessary. Specifically, many accidents and
collisions between motorized means of transportation and pedestrians have occurred on
the City's sidewalks and bicycles paths. In addition, during high impact periods when
pedestrian traffic can increase by the thousands, it is unsafe for any vehicle or motorized
means of transportation to operate on streets closed to motor vehicle traffic by the Police
Department for events because such closed streets are then utilized by dense pedestrian
traffic. After careful consideration, and research, and input from the community, the
Administration has proposed Code amendments which incorporate the Administrative
Rules into the City Code and which include stricter penalties for insurance violations for
business entities providing rentals, leases, and/or tours.
During the second reading of Ordinance 2014-3862 on May 21, 2014, City Commission
referred residents' suggestions to the Neighborhood and Community Affairs Committee
(NCAC). Some of the suggestions provided by the residents are currently covered and
enforceable under recently approved Code amendments. Please see below the residents'
suggestions and the Administration's response to each:
• Suggestion: Prohibit motorized means of transportation on the boardwalk and
pedestrian sidewalk.
Response: (Sec. 70-67(c)), amended May 21, 2014. This item will also be
referred to NCAC for further discussion, input, and direction.
• Suggestion: Require a BTR, complying with existing insurance requirements,
existing speed certification requirements, indemnification agreement and
customer acknowledgment requirements. (Sec. 70-70 (a)).
Response: The modifications proposed to the ordinance herein, along with the
previously approved amendments cover this suggestion in sections 70-70(a), 70-
70(b), 70-70(c), and 70-70(e).
• Suggestion: Expand existing insurance requirement to include annual furnishing
Commission Memorandum—Ordinance Prohibiting Motorized Means of Transportation on Beachwalks
July 23,2014
Page 5
of Certificate of Insurance to the City. (Sec. 70-70 (b)).
Response: In addition to the annual insurance certification, the Insurance
Tracking System contract awarded by City Commission in May 2014 will allow the
City to conduct routine check-ups on the status of the insurance requirements for
all businesses.
• Suggestion: Expand maximum speed certification requirement to require
identification of speed-certified motorized vehicle and annual inspection and
testing of each motorized vehicle by the City for compliance with the maximum
speed requirement. (Sec. 70-70 (g)).
Response: At time of issuance of application for BTR, the City's Finance
Department will review the application for all certifications, including the
manufacturer speed certification. In addition, the City's Code Compliance
Department is currently conducting random spot checks at the various dealers to
make sure the machines.set to beginner. mode. Beginner mode is pre-set by the
company to carry a maximum speed of 8 mph.
• Suggestion: Add an annual application for the issuance of a unique numbered
license plate for each motorized vehicle. (Sec. 70-70 (g)).
Response: Under section 70-70(g), business entities providing rentals, leases,
and/or tours are required to affix decals depicting the company name, phone
number, and vehicle number to the front and rear of each device.
• Suggestion: Add a provision that limits rentals to organized tour groups. (Sec. 70-
70 (h)).
Response: This item will be referred to NCAC for discussion, input, and direction.
RECOMMENDATION
In the interest of public safety and in response to public input, the Administration is
recommending that the additional safety regulations prohibiting "motorized means of
transportation" and "vehicles" on streets closed for events during high impact periods in
the City be adopted. In addition, the City's Administrative Rules that concern operators of
and businesses that rent, lease or provide tours of electric personal assistive mobility
devices should be incorporated into the City Code, as well as the amended penalties and
appeal requirements.
The Administration is in the process of fabricating the regulatory signs and anticipates
completing the installation of such signs in all prohibited areas, including Lincoln Road
Mall, interior pathways of parks, Beachwalk, Baywalk, Cutwalk, and other pedestrian
areas by the end of August 2014. The cost associated with the fabrication and
installation of new regulatory signage in the areas prohibited to motorized means of
transportation is not significant and is anticipated to be funded through the affected
departments' operating budgets. Additionally, as aforementioned stated, the additional
potential regulations suggested by residents at the May 21, 2014 City Commission
meeting will be discussed at the NCAC meeting on July 25, 2014 and the
recommendations will be brought back to City Commission for further consideration.
Attachments:
A: Resolution No. 2012-28041
Zq: Map of Prohibited Areas for Motorized Means of Transportation
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K B/JRG/XRF
TAAGENDA\2014\Ju1y\Ordinance Prohibiting Motorized Means Of Transportation MEMO second reading.doc
Attachment A
RESOLUTION NO.1 2012-28041
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING
ADMINISTRATIVE RULES FOR CHAPTER 70, ENTITLED
"MISCELLANEOUS OFFENSES", ARTICLE 11, ENTITLED
"PUBLIC PLACES," DIVISION 11, ENTITLED "BICYCLING,
SKATEBOARDING, ROLLER SKATING, IN-LINE
SKATING, AND MOTORIZED MEANS
TRANSPORTATION," OF THE MIAMI BEACH CITY CODE,
AS PROVIDED FOR IN SECTIONS 70-69 AND 70-70 OF ,
THE CITY CODE.
WHEREAS, on October 24, 2012, the Mayor and the City Commission.of the City Code
of Miami Beach adopted Ordinance No. 2012-3780 amending Chapter 70, Article 2, Division II
of the City Code regarding the regulation of bicycling, skate boarding, roller skating, in-line
skating, and motorized means of transportation, and among other things, providing for the
establishment of Administrative Rules regarding a) the responsibilities of persons and business
entities providing rentals leases and/or tours of electric personal mobility devices and b) the
responsibilities of persons operating electric personal mobility devices; and"
WHEREAS, the following Administrative Rules, as provided for in Sections- 70-69 and
70-70 of the City Code, set forth regulations for the use and operation of electric personal
assistive mobility devices and are established.in the interest of safety within the City of Miami.
Beach:
I. 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 70-7(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 $1,000,000.00 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.
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.
II. 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.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the foregoing Administrative
Rules regarding the rental, lease, tours, and operation of electric personal assistive mobility
devices are hereby approved and adopted.
PASSED AND ADOPTED this day of October, 2012.
ATTEST:
maw.
Jorge R. Exposito
•..'� ' Vice-Mayor
tNCORP ORATEDRaf I Granado
APPROVED AS TO
City Clerk '�� FORM&LANGUAGE
&FOR EXECUTION
2-
F:\ATTO\TURN\RESOs\segway Administration Rufesc
10 Cit rn .
IAA CH
OFFICE OF THE CITY ATTORNEY
JOSE SMITH,CITY ATTORNEY COMMISSION MEMORANDUM
TO: MAYOR MATTI HERRERA BOWER,
MEMBERS OF THE CITY COMMISSION
KATHIE BROOKS, INTERIM CITY MANAGER
FROM: JOSE SMIT
CITY ATT EY
DATE: OCTOBER 24, 2 2
SUBJECT: RESOLUTION ADOPTING ADMINISTRATIVE RULES FOR
CHAPTER 70, ARTICLE 11, DIVISION 11, OF THE MIAMI BEACH
CITY CODE ENTITLED "BICYCLING, SKATEBOARDING, ROLLER
SKATING, _ IN-LINE SKATING, AND MOTORIZED MEANS OF
TRANSPORTATION AS PROVIDED FOR IN SECTION 70-69 AND
70-70 OF THE CITY CODE.
The attached Resolution sets forth Administrative Rules that address electric personal
assistive mobility devices. Administrative Rules are provided for in Sections 70-69 and 70-70 of
the City Code, which sections were amended pursuant an Ordinance passed and adopted at the
October 24, 2012 City Commission meeting. The attached Resolution is submitted for
consideration by the Mayor and City Commission as a companion agenda item to the Ordinance
amending Chapter 70 of the City Code.
The Administrative Rules provide regulations, in addition to those set forth in the 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.
F:\ATTO\TURN\COMMMEMO\Segway.doc
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