LTC 269-2018 New Enforcement Initiative Re_ Motorized DevicesMIAMIBEACH
OFFICE OF THE CITY MANAGER
NO. LTC# 269-2018 LETT ' TO COMMISSION
TO: Mayor Dan Gelber and Members • the City C ; mmission
FROM: Jimmy L. Morales, City Manage!
DATE: May 15, 2018
SUBJECT: New Enforcement Initiative Re:.Motorized Devices
This Letter to Commission (LTC) is prepared to advise the Mayor and Commission of a
new enforcement initiative underway by the Police Department regarding certain
motorized devices that are operated in the City of Miami Beach in violation of state
law. Based on conferral with the City Attorney's Office, the Police Department has
concluded that certain newer -style motorized devices (visual examples attached) are not
permitted to be operated on city streets or public property in Florida. Many of these
devices are routinely rented and ridden throughout the City and South Beach in
particular. Members of the Commission are well familiar with complaints we have all
received about the manner in which these devices are operated. They have become a
public safety hazard.
The new determination that these types of devices are unlawful has resulted in an
immediate effort by the Police Department and Code Enforcement to warn the local
businesses that are renting such devices to cease and desist from doing so. The warning
notice, attached, is being hand -delivered by Code Enforcement personnel to the
impacted businesses in Miami Beach this week.
Enforcement by the Police Department will begin this weekend. Drivers of these types of
motorized devices will be stopped by our police officers and given a Uniformed Traffic
Citation under F.S. 316.605, which governs the licensing of vehicles and requires a
proper state Tag/License Plate. Since these motorized devices are ineligible to obtain
such a tag, operating such a device is a traffic offense. The motorized devices will be
impounded.
This is not the first time the Police Department has engaged in such an effort. Members
of the Commission may recall when the triangle -style motorized scooters known as
"tikes" used to be operated in Miami Beach. In 2015, the MBPD made a similar
determination that those devices were not legal on public streets, engaged in a similar
notice and enforcement effort, and eliminated those devices from our city streets.
Chief Oates is prepared to answer any questions Commissioners may have regarding
this enforcement effort.
ATTACHMENTS
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MIAMIBEACH
Miami Beach Police Department, 1 100 Washington Ave, Miami Beach, FL 33139, www.miamibeachfl.gov
OFFICE OF THE CHIEF OF POLICE
Tel: 305.673.7925, E-mail: danieloates@miamibeachfl.gov
NOTICE
RE: Rental of Motorized Scooters and Other Vehicles which must be Registered and
Licensed
Dear Sir or Madam:
Please be advised that all motorized scooters and other vehicles must be licensed and
registered with the State of Florida Department of Highway Safety and Motor Vehicles
before being legally operated upon City streets or other public property.
Florida law does not authorize motorized scooters to be registered and licensed and,
therefore, they cannot be legally operated on public roadways within the City of Miami
Beach. Additionally, any other vehicles you are renting to customers that have not been
properly registered or fail to display a license tag are not permitted to be legally operated
on public roadways. Furthermore, motorized scooters, and various other motorized
vehicles that you are renting, are prohibited on public property including bicycle paths,
sidewalks and sidewalk areas pursuant to Section 316.1995 of the Florida Statutes. You
and/or your business are legally responsible for any vehicles that are rented for use on
the public roadways without having been properly registered and licensed.
This Notice shall serve as formal notification that the City of Miami Beach will take all
appropriate enforcement action to ensure that these motorized scooters and other
vehicles are properly registered and licensed, in compliance with Florida law, prior to
being operated on public roadways. The enforcement may include, but is not limited to,
issuing uniform traffic infraction citation(s) for failing to have a registration certificate, or
the failure to have the vehicle properly licensed. Furthermore, you (as the owner) may be
subject to criminal charges for failure to register these vehicles, if such motorized
scooters or other motorized vehicles are operated on the public roadways without being
properly registered, and you are also subject to the impoundment of these motorized
scooters and vehicles which cannot be legally operated on the public roadways of this
State without being prperly registered and licensed
Sincerely,
Daniel J. Gates, Chief of Police Ji +my L. •rales, City Manager
Mian)i Beach Police Department Cir of Mia 'i Beach
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