Ordinance 97-3103ORDINANCE 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 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 MEANS OF TRANSPORTATION ON ALL
SIDEWALKS AND PEDESTRIAN WALKWAYS IN THE
CITY; BY PROVIDING FOR DEFINITIONS, PENALTIES,
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, skateboarding, roller skating, in-line
skating, ete7;
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 by which a skater or skateboarder attaches to a curb or rail and slides
along the edge of the curb or rail.
Rail Sliding:
Rail sliding is similar to curb or edge grinding. Handrails are often used for rail sliding in
which the skater jumps 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 cyclist
on jump 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 any part of the skateboard.
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.
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 : :. ; :.:::. -- .: - :..:::. -- . at any time.
ed)
It shall be unlawful to operate any motorized means of transportation, except for
wheelchairs, or other motorized devices when used by disabled persons, in, on, or
upon any sidewalk or pedestrian walkway in the City.
tIt shall be unlawful to grind, rail slide, launch, or stall on the skateboard,
in-line skates, or roller skates : : - - or to engage in any
other such type of activity which may 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:
It shall be unlawful for any person to engage in bicycling, skateboarding, in-line
skating, or roller skating
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.
on any public walls, ramps, fountains, or other fixtures or
structures;.
the City.
12.1 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.
Whenever any person is riding a bicycle, skateboarding, in-line skating, or roller
skating : ::: . i :' , 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 subject 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 3rd day o December , 1997.
ATTEST:
A-ta
CITY CLERK
F: WTTO\TURN\RESOS\ROLRBLAD.ORD
1st reading 11/19/97
2nd reading 12/3/97
MAYOR
4
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
h/
i$y Attorney Date
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci. miami-beach.fl.us
TO:
COMMISSION MEMORANDUM NO. 1(4(—CI –1
Honorable Mayor and DATE: December 3, 1997
Members of the City Commission
FROM: Jose Garcia -Pedrosa, City Manager
SUBJECT: SECOND AND FINAL REARING - 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
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; BY PROVIDING FOR DEFINITIONS,
PENALTIES, 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.
ADMINISTRATION 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. AGENDA ITEM A
DATE �2-�
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.
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