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97-3103 ORD ORDINANCE NO. 97-3103 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 25, ENTITLED "OFFENSES MISCELLANEOUS," AMENDING SECTION 25-59.3, ENTITLED "BICYCLING, SKATE-BOARDING, ROLLER SKATING, ETC., PROHIBITED ON LINCOLN ROAD MALL AND ON THE SIDEWALK ON THE WEST SIDE OF OCEAN DRIVE"; BYl'EIU\U1'l'lNCROLLER SKATING, INLIN":E SKA.1'ING,ANDBICYCLINC;B.UT n PROHIBITING SKATEBOARDING AND MOTORIZED MEANS OF TRANSPORTATION, ON LINCOLN ROAD MALL AND PROHIBITING BICYCLING, ROLLER SKATING, IN-LINE SKATING, SKATEBOARDING, AND MOTORIZED MEANS OF TRANSPORTATION ON THE SIDEWALK ON THE WEST SIDE OF OCEAN DRIVE; AND PROHIBITING MOTORIZED.......N1.EANS.......OF.....TlUNSPORTATION.........ON.....ALL SIDEWALKS.......AND.......PEDES'rRlAN.....WALKWAY~.......IN.....THE C1TY: BY PROVIDING FOR DEFINITIONS, PENAL TIES, AND ADDITIONAL RESPONSIBILITIES AND REGULATIONS FOR BICYCLING, SKATEBOARDING, ROLLER SKATING, AND IN-LINE SKATING; PROVIDING FOR SEVERABILITY AND CODIFICATION; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission believes that further restrictions regarding skateboarding, in-line skating, roller skating, and bicycling on Lincoln Road Mall and on the sidewalk on the west side of Ocean Drive will provide a safer environment for pedestrians, skaters, and bicyclists traversing those areas; and WHEREAS, the activities associated with skateboarding have resulted in the destruction of public property along city rights-of-way and, in particular, on Lincoln Road and Ocean Drive which have undergone major renovations at great public expense; and WHEREAS, the City Commission believes that the restrictions set forth herein are necessary to the health, safety, and welfare of the public in the City of Miami Beach and to the preservation and proper maintenance of City buildings and facilities. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. That Section 25-59.3 of the Miami Beach City Code Chapter 25, entitled "Offenses - Miscellaneous" is hereby amended to read as follows: Section 25-59.3. Bicycling, skate boarding skateboardin2, roller skating, in-line skatin2, de., prohibited on Lineoln Road Mall and on the sidewalk on the west side of Oeean Drive. and motorized means of transportation~ Definitions: Prohibited Activiti~~; Exemvtion$~ Responsibilities of Bicyclists and Skaters: Penalties. Definitions: The followin~ defInitions are applicable to this Section: Grindin~: Grindin~ is the process by which a skater or skateboarder attaches to a curb or rail and slides alon~ the ed~e of the curb or rail. Rail Slidin~: Rail slidin~ is similar to curb or ed~e ~rinding. Handrails are often used for rail sliding in which the skater jumps to the top of the rail and slides down the decline. Launchin~: Launchin~ is usin~ any an~led or elevated surface which the skater. skateboarder. or cyclist can jump from in order to ~et airborne. Stalling: Stalling is the process by which a skater or skateboarder attaches to a curb or ed~e in the space between the 2nd and 3rd wheel of the in-line skate or any part of the skateboard. Prohibited Activities: a) It shall be unlawful for any person to engage in bieyding, roller skating, skateboarding, or operatin~ any motorized means of transportation. except for wheelchairs or other such motorized devices when used by disabled persons. in, Qlla or upon any portion of Lincoln Road Mall lying west of the westerly line of Washington Avenue to the easterly line of Alton Road at any time. 2 b) It shall be unlawful for any person to engage in bicycling, roller skating, in-line skating. skateboarding, or operating any motorized means of transportation. except for wheelchairs or other motorized devices when used by disabled persons. in, on, or upon any portion of the sidewalk on the West side of Ocean Drive between Biscayne Street and 15th Street hetv.cen the hours of6:00 p.m. Mid 6:00 a.m. at any time. ~ It shall be unlawful to opeJ,"ate any motorized means of transportation. exc~t for wheelchairs, Qr other motorized devices when used by disabled person$. in. on, or upon any sidewalk or pedestrian walkway in the City. e~D Xn locations and durinl times v/ften skatchoardinl, in line skati!!&: or mller skatili&: is allowed. tIt shall be unlawful to grind. rail slide. launch. or stall on the skateboard. in-line skates. or roller skates at all times and in allloeations or to engage in any other such type of activity which fttfty results in the damage of public or private property. Exemptions: Police Department bicycle and in-line skate patrol units, City service vehicles. City contracted security and maintenance services. and the City-operated tram service shall be exempt from the restrictions of this Section. Responsibilities of Bicyclists and Skaters: ill It shall be unlawful for any person to engage in bicycling. skateboarding. in-line skating. or roller skating D 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:,. Ufile~s =eeiiieally desi&flated for !hi:, P1:1:fPOSC by the City. hl 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. cl Whenever any person is riding a bicycle. skateboarding. in-line skating. or roller skating ata.tiffleftfl.dplaee'vvfiensu~fl.aeti-..hy is nofpldhfhited. such person shall engage in such activity at a controlled speed which does not endanger the safety of pedestrians or others. shall yield the right-of-way to any pedestrian. and shall give an audible signal before overtaking and passing such pedestrian. 3 Penalties: A violation of any of the provisions of this Section shall be deemed a non-criminal infraction as defIned in Section 318.13(3) of the Florida Statutes and shall be subiect to the penalties set forth in Section 316.655 of the Florida Statutes. Section 2. Severability. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. Section 3. 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 relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article," or other appropriate word. Section 4. Repealer. That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect on the 13th day of December, 1997. PASSED AND ADOPTED this ~ day 0 ' December t$ ,1997. ATTEST: ~~f~~ CITY CLERK MA YOR P:\A TTOITURN\RESOSIROLRBLAD.ORD APPROVED AS TO FORM & lANGUAGE & FOR EXECUTION 1st reading 11/19/97 2nd reading 12/3/97 ~~t/-:- ify Attorney J2jlij f} Date 4 / CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.fl.us TO: FROM: SUBJECT: COMMISSION MEMORANDUM NO. ~J Honorable Mayor and DA TE: December 3,1997 Members of the City Commission & Jose Garcia-Pedrosa. City Manager SECOND AND FINAL REA ING - AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 25, ENTITLED "OFFENSES - MISCELLANEOUS", AMENDING SECTION 25-59.3, ENTITLED "BICYCLING, SKATEBOARDING, ROLLER SKATING, ETC., PROHIBITED ON LINCOLN ROAD MALL AND ON THE SIDEWALK ON THE WEST SIDE OF OCEAN DRIVE"; BY PROHIBITING SKA TEBOARDING AND MOTORIZED MEANS OF TRANSPORT A TION, ON LINCOLN ROAD MALL AND PROHIBITING BICYCLING, ROLLER SKA TING, IN-LINE SKA TING, SKATEBOARDING, AND MOTORIZED MEANS OF TRANSPORTATION ON THE SIDEWALK ON THE WEST SIDE OF OCEAN DRIVE; BY PROVIDING FOR DEFINITIONS, PENAL TIES, AND ADDITIONAL RESPONSIBILITIES AND REGULATIONS FOR BICYCLING, SKATEBOARDING, ROLLER SKA TING, AND IN-LINE SKATING; PROVIDING FOR SEVERABILITY AND CODIFICATION; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING AN EFFECTIVE DATE. ADMINISTRA TION RECOMMENDATION Approve the Ordinance. BACKGROUND City Code Section 70-66, Division 2, "Bicycling, Skateboarding, Roller Skating" prohibits all such activities on Lincoln Road and sets time restrictions for use on the west side of Ocean Drive. The renovation of Lincoln Road and the popularity of Ocean Drive have made them desirable venues for both pedestrians and others and has necessitated that the relevant regulations be re-evaluated and new solutions sought. With the dramatic shift in demographics to a more youthful population and the concomitant increase in skating, biking and skateboarding, it is no longer appropriate to enforce the existing ordinance. The proposed ordinance will more effectively regulate bicycling and in-line skating and will eliminate skateboarding from the Lincoln Road Mall. This ordinance seeks to assert the City's responsibility to protect the rights of pedestrians and public property. In-line skating activities which damage City property by grinding, launching, sliding, and stalling will not be permitted. Skateboarding has already done great damage to Lincoln Road and will also be eliminated. With the listed exceptions noted, all motorized activity will be curtailed as well. D '- A AGENDA ITEM "'--~ DATE lL- 3-9l , ANALYSIS The preparation of this Ordinance has included several workshops with representation from local property owners, businesses, shops that sell equipment for these activities, members of the police department and members of the local chapter of the National In-Line Skate Patrol. The Ordinance reflects the recommendations of the group. CONCLUSION The City Commission should approve the Ordinance. /}A- JGP:RS:pp f: \cmgr\$all \ronni e \skate2. ord 2 17- 3/03 OFFICE OF THE CITY ATTORNEY ~ tf~ 1Itm'h F L o R o A MURRAY H. nUBBIN City Attorney Telephone: (") Telecop'4 -< (305) 673-7470 m305) 673-7002 '- ;0 n ;; ", ~ ;::; () ?J N iT1 ;::t: C/) ~ < ~ is> m 2! N 0 n \.0 ", June 18, 1998 Clerk's Office - County Court DADE COUNTY COURTHOUSE 73 West Flagler Street Miami, Florida 33130 Re: Section 25-59.3 of the City of Miami Beach Code/Traffic Violation Dear Sir/Madame: ,./ I ....' 'l /"'.f ;{J I{/' . i[ I ../" fl, ( / \ Enclosed please find an executed copy of Ordinance ~0.31 ~3)ealing with the regulation of bicycling, skateboarding, etc. in areas within the City ofMiami Beach. The penalty for a violation of this ordinance is a non-criminal infraction payable in accordance with the penalties set fri in fS 318.13(31. This violation will be written up in a Uniform Traffic Citation Form. All officers have been instructed to check the box marked "local ordinance" and write out the section of the Code on the form. I am also returning two (21 Citation Return Forms which were sent back to the Police Department for correction. I hope the enclosed Ordinance clarifies any confusion regarding its enforcement. Should you have any questions, do not hesitate to contact me. s~r/0A MARTHA DlAZ ;~~~ Police legal Advisor/Senior Assistant City Attorney MDP/msc Enclosure cc: Bob Parcher, City Clerk ../ 1700 Convention Center Drive -- Fourth Floor -- Miami Beach, Florida 33139 1111/11 Iii 11111 II/if 1/111/1 1IIIIIillliii I lillll III 11111 1878~h-Z 01"'"' ;8W'" 0131.... - g~JS~ ( 01.' OTKfR OIlES 9 9 WJ 9 0'000' DID UNLAWFUUY COMMIT THE FDUOWING OFFENSE. CHEC~ ONLY ONE OFFENSE EACH TICKET. o UNLAWfUL SPEED MPtt SPfED APPliCABlE (0 INTERSTATE n 4-lANE IMY WITH ZO" MEDtAN OUTSIDE BUS OR RES. DIST.l o CARELESS DRIVING 0 SAFETY lIELT VtOlATlOJI o VtDLAflQN OF l'RAH1:; :::ormOt. OEvtCE 0 IM""OPER OR UNSAFE EQUINEN' o VlOlAflON Of AIGH1'-(lF.WAV 0 EXPTRED TAG o IMPROPER CHANGE OF lANE OR COURSE 0 FooA I., MONTHS OR LESS o IMPROPER PASSING 0 MORE THAN FOUR '4' MONTHS o CHILD AESTFWHT 0 NO ~00f Of INSURANCE o g~~~:~~~~:~~i~~ ~=~C~~L~~SI~~M~~T:f'::~~A=r~~~'D~~::r~~~LO~~~VCE~L BAl. IT -. o EXPIREa DRIVER LICeNSE o FOUR j41 MONTHS OR LESS o MOAE THAN FOUA (., MONTHS o NO V,f.lIO ORfVfR LICENSE O O~WING WMILE UCENSE SUSPENDED OR REVOKED n(fj'j"""Cct.2 .11 Ji '- j",.Ai '....<:, CRASH 0"" :J ,:RI'.lINt.~ \':~t;' TI')" :: f'~ A"~'t:''lA;;C~ P~''::'" ;:- ~: r.:', I~m'c:.~~: !':~ 'JVO :'"1 INfR:,':Yl':),; ':O~lPY :';>'::'P4/::; lI~CUl;:::: ,.: II;:):' .~t:' 8r~r;'" .;t iNFiI.4:;TIOfi \".'~i~_'"i : :;~ r:;:T ;<[CJ:~F ~PP~~:l:,'::; 1'. CO'.';- r COURT INFORMATION OAH 18?8~6-Z CHECK OIGIT .., ~ .5~e "i.J-..;'''~ L '\l P ~ COURT LOCATION 'OAT: I liS S'El:r"fO U. 1HI; CIT':lIlU, "':l~lFij~ "H'US'~ TO :.::r,r UIl SiCIi AOM.SSIOIri QF l:.UILT Qt! VJ'....H 01 "".IIT:. If 'DC Il(EIl kUSOIlUU UkOFTHi.CllUlll. j t , fL -0 Prinled on recycled paper IN THE COI~:"TY COURT IN AND FOR DADE COUNTY. FLORIDA -l TIV;F;CDIVJSION THE STATE OF FLORIDA VS. eIT A TION RETURN FORM Case Number(s) 187826Z TREVOR A. MARY Defendant M620-801-79-144-0 Driver's License # FL State Municipality 02 198 Code Badge ID The attached citation is being sent back for correction. Please make ~he necessary corrections and return it with this form as soon as possible., o State Statute Number Missing . State Statute Number Incorrect o Other FM2 Bulk File Number T050275G Date Filed: Date Returned: 04/08/1998 05/11/1998 Remarks: TIllS PORTION FOR USE BY POLICE OFFICER Remarks: Officer Signature Court ID Date 11111111111111111 iflll 111111111111111111 I fllll/ili 1/i11 FLORIDA UNIFORM TRAFFIC CITATION D~ CMECk \.1 :)ICiT ,." O'.IOOtER COUNTY Of V 'UPUBl 000 MIlES SEw OFNOOf DID UIllAWFUUY COMMIT THE FOUOWlNG OFFENSE. CHECr. ONLY ONE OFFEHS: SACK TICK... o UNl.AWfU1. SPEED MPH SPEED """-'CAlI.! IOIttTERSrATE 0 4-lANfHWY wrTH20FT MEDIAN OUTSIDE BUS <m RES. DIST.) o CARELESS ORMMi 0 SAmY BELT VIOLATION o VJOl.ATlOtlI Of TAAlFIC CONTROl 0EVtCE 0 lM""Of"ER OR UNWf EOWPWNT o VIOlATION OF RIGHT-oF_WAY 0 EXPIRED TAG o ....~DflER OIAHGf OF lNfE OR COUftSE 0 FOuA 141 MONTHS OR LESS O-ll'lR_ 0 _'TH..",UO,""""" OCHIl.D_,NT 0 NOPflOOFOf'NSU"""", o g~~~r:~L~:-~~~r t~=~C~~t:;SSI~':U~:T:~:~~~~AS:'~~~O~::r~~~ 8Al. FT _. o EXPIRED DRIVER UCENSE o FOUA ,.t MONTHS OR LESS o lM)R[ THAN FO\JA 14' WOllITHS o NO VAlID DA~ lICENSE o =~D;~~=fo '. OT"'OVl~~~"t:Of.Jae::IC ptA+.Ji5~ c.v:r:r;.{ Row;;;e.. 13L/~ IN VIOLATION OF lOCAL ORDINANCf 0 STATE STATVl'E CRASH. PflOPERTY OAIMGE 0,,, DYESS o C.:lll,'ltU.~ vIOl.:..rrQN CCUp, ""PPE.4n.I.HCE RE(;UI~EC' AS INO!':"~E~ 9;l"W o jN~"CTln/oj COUPT .PPfA~IJ.C~ R~OtIIREO AS rl.('TCATcr'l P~~O~. f~,mFq.r.CTlO~1 \Yl1ICJol oms fjO~ REOUl~r A;lPEA!"!AN::: IN COuq~ COURT IHFORMAnQN DAT' 1110685 - Z 5rJ.j' X nME St:f::, EN'VELCPc: lOCAnQJI 'L 3/,-/ 'D '" ; L ,!~' TIlE. COUNTY COURT IN AND FOR DADE COUNTY. FLORlDA TRAfFIC "fJIVISION , TIlE STATE OF FLORIDA VS. CITATION RETURN FORM Case Number(s) 190685Z JAMES J TERRY Defendant Driver's License # FL Stale Municipality 02 314 Code Badge ID The attached citation is being sent back for correction. Please make the necessary corrections and return it with this fonn as soon as possible., o State Statute Number Missing . State Statute Number Incorrect o Other FM2 Bulk File Number T040268U Date Filed: Date Returned: 04/07/1998 05/11/1998 Remarks : . TIllS PORTION FOR USE BY POLICE OFFICER Remarks: Officer Signawre Court ID Date .... 6;. UIOlDn12L nc2:J.llL ~ 'l"ecl- L~ aD ORDINANCE NO. 97-3103 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 25, ENTITLED "OFFENSES MISCELLANEOUS," AMENDING SECTION 25-59.3, ENTITLED "BICYCLING, SKATE-BOARDING, ROLLER SKATING, ETC., PROHIBITED ON LINCOLN ROAD MALL AND ON THE SIDEWALK ON THE WEST SIDE OF OCEAN DRIVE"; BY PER...\UTTING ROLLER SKATING, IX LINE SKATING, AND BICYCLING, BUT BY PROHIBITING SKATEBOARDING AND MOTORIZED MEANS OF TRANSPORTATION, ON LINCOLN ROAD MALL AND PROHIBITING BICYCLING, ROLLER SKATING, IN-LINE SKATING, SKATEBOARDING, AND MOTORIZED MEANS OF TRANSPORTATION ON THE SIDEWALK ON THE 01' WEST SIDE OF OCEAN DRIVE; AND PROHIBITING MOTORIZED MEANS OF TRANSPORTATION ON ALL SIDEWALKS AND PEDESTRIAN W ALKW A YS IN THE CITY: BY PROVIDING FOR DEFINITIONS, PENAL TIES, AND ADDITIONAL RESPONSIBILITIES AND REGULATIONS FOR BICYCLING, SKATEBOARDING, ROLLER SKATING, AND IN-LINE SKATING; PROVIDING FOR SEVERABILITY AND CODIFICATION; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; At~D PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission believes that further restrictions regarding skateboarding, in-line skating, roller skating, and bicycling on Lincoln Road Mall and on the sidewalk on the west side of Ocean Drive will provide a safer environment for pedestrians, skaters, and bicyclists traversing those areas; and WHEREAS, the activities associated with skateboarding have resulted in the destruction of public property along city rights-of-way and, in particular, on Lincoln Road and Ocean Drive which have undergone major renovations at great public expense; and WHEREAS, the City Commission believes that the restrictions set forth herein are necessary to the health, safety, and welfare of the public in the City of Miami Beach and to the preservation and proper maintenance of City buildings and facilities. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. That Section 25-59.3 of the Miami Beach City Code Chapter 25, entitled "Offenses - Miscellaneous" is hereby amended to read as follows: Section 25-59.3. Bicycling, skate b6ardiftg skateboarding, roller skating, in-line skating, de;, pr6hibited 6ft Lifte61ft Raad Mall aftd 6ft the side'walk 6ft the west gide 6f Oeeaft Drive. and motorized means of transportation: Definitions: Prohibited Activities: Exemptions: Responsibilities of Bicyclists and Skaters: Penalties. Definitions: The following definitions are applicable to this Section: Grinding: Grinding is the process bv which a skater or skateboarder attaches to a curb or rail and slides along the edge of the curb or rail. Rail Sliding: Rail slidin~ is similar to curb or edge grinding. Handrails are often used for rail sliding in which the skater iumps to the top of the rail and slides down the decline. Launching: Launching is using any angled or elevated surface which the skater. skateboarder. or cvclist can iump from in order to get airborne. Stalling: Stalling is the process by which a skater or skateboarder attaches to a curb or edge in the space between the 2nd and 3rd wheel of the in-line skate or anv part of the skateboard. Prohibited Activities: a) It shall be unlawful for any person to engage in bicycling, roller 3kating, skateboarding, or operating anv motorized means of transportation. except for wheelchairs or other such motorized devices when used bv disabled persons. in, Q.Q. 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. 2 b) It shall be unlawful for any person to engage in bicycling, roller skating, in-line skating. skateboarding, or operating any motorized means of transportation. except for wheelchairs or other motorized devices when used by disabled persons. in, on. or upon any portion of the sidewalk on the West side of Ocean Drive bet\veen Biscayne Street and 15th Street bctwCCfi the hour:) of 6.00 p.m. and 6:00 a.m. at any time. ~ It shall be unlawful to operate anv motorized means of transportation. except for wheelchairs. or other motorized devices when used bv disabled persons. in. on. or upon any sidewalk or pedestrian walkway in the City. ed) Il'l. loeatiofi3 lifid durifi~ time:) whefi 3kateboardifi~. in lific 3katifi~ or roller 3katifig i:) alhYNccl. tIt shall be unlawful to grind. rail slide. launch. or stall on the skateboard. in-line skates. or roller skates at all time:) and in all location:) or to engage in anv other such tvpe of activitv which ffiftV results in the damage of public or private property . Ex.emptions: Police Department bicycle and in-line skate patrol units, City service vehicles. City contracted security and maintenance services. and the Citv-operated tram service shall be exempt from the restrictions of this Section. Responsibilities of Bicyclists and Skaters: al It shall be unlawful for any person to engage in bicvcling. skateboarding. in-line skatinu or roller skating D 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. 21 on anv public walls. ramps. fountains. or other fixtures or structures~. unk:)s st'eeificalIy de3i~natecl fur this t'ul1'O:)(: by the City. Ql Bicvcles shall not be chained or otherwise secured to any tree. fixture. or obiect which is not a bicvcle rack on anv portion of Lincoln Road or Ocean Drive. ~ Whenever any person is riding a bicvcle. skateboarding. in-line skating. or roller skating at a time and place 'vVhcn 311(:" activity i3 l'l.Ot t'fo"ibitcd. such person shall engage in such activitv at a controlled speed which does not endanger the safetv of pedestrians or others. shall vield the right-or-way to any pedestrian. and shall give an audible signal before overtaking and passing such pedestrian. 3 Penalties: A violation of any of the provisions of this Section shall be deemed a non-criminal infraction as defined in Section 318.13(3) of the Florida Statutes and shall be subiect to the penalties set forth in Section 316.655 of the Florida Statutes. Section 2. Severability. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. Section 3. Codification. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained tl1at 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 relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article," or other appropriate word. Section 4. Repealer. That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect on the 13th day of December, 1997. PASSED AND ADOPTED this ~ day 0 December ,fp ,1997. ATTEST: ~crf~~ CITY CLERK MAYOR FIA rrOITURNIRESOSIROLRBLAD.ORO APPROVED }.S TO FORM & lANGUAGE & FOR EXECUTION 1st reading 11/19/97 2nd reading 12/3/97 tft~ i1y Attorney Ii/hi'!? Date 4