Ordinance 2018-4196ORDINANCE NO, 2018 -4196
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," ARTICLE II, "PUBLIC
PLACES," DIVISION II, "BICYCLING, SKATEBOARDING,
ROLLER SKATING, IN -LINE SKATING, AND MOTORIZED
MEANS OF TRANSPORTATION," TO CREATE DEFINITIONS
FOR "ELECTRIC BICYCLE," "MOPED," "MOTORCYCLE,"
"MOTORIZED BICYCLE," AND "MOTORIZED SCOOTER ";
ESTABLISH REGULATIONS FOR THE RENTAL OR LEASE OF
ELECTRIC BICYCLES, MOPEDS, MOTORCYCLES,
MOTORIZED BICYCLES, AND MOTORIZED SCOOTERS; AND
PROHIBIT THE RENTAL OR LEASE OF A MOPED,
MOTORCYCLE THAT IS POWERED BY A MOTOR WITH A
DISPLACEMENT OF 50 CUBIC CENTIMETERS OR LESS, OR
MOTORIZED BICYCLE, DURING SPECIFIED DATES EACH
YEAR; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach (the "City ") is an internationally renowned tourist
destination; and
WHEREAS, due to the City's domestic and international popularity as a resort
destination, many events, both authorized by City permits and otherwise, occur on a regular and
frequent basis; and
WHEREAS, in recent years, the City has seen an increasingly large number of visitors
during the period when high schools, colleges, and universities across the country recess for
Spring Break, which occurs primarily during the month of March; and
WHEREAS, the large influx of visitors during these periods places stresses on the City's
infrastructure, including the City's beaches, parks, roadways, and sidewalks, and places
increased demands on City police, fire, code compliance, and sanitation resources; and
WHEREAS, these additional stresses include, without limitation, the large number of
visitors who rent electric bicycles, mopeds, motorcycles powered by motors with a displacement
of 50 cubic centimeters or less, motorized bicycles, and motorized scooters, in order to move
around the City; and
WHEREAS, due to their small size, electric bicycles, mopeds, motorcycles powered by
motors with a displacement of 50 cubic centimeters or less, motorized bicycles, and motorized
scooters may be used to weave in and out of traffic, and on and off of sidewalks and bicycle
paths, endangering pedestrians, cyclists, and operators of other motor vehicles; and
WHEREAS, City Police Department records demonstrate that the increased presence of
these vehicles during the Spring Break period results in a large number of traffic citations; and
WHEREAS, in March 2018, at least 140 traffic citations were issued to operators of
mopeds and /or motorcycles in the area south of Dade Boulevard; and
WHEREAS, in light of the dangers posed by increased numbers of electric bicycles,
mopeds, motorcycles (many of which are powered by motors with a displacement of 50 cubic
centimeters or less), motorized bicycles, and motorized scooters in the City during the Spring
Break period, the Mayor and City Commission desire to adopt the amendments set forth herein,
to promote the public safety of the City's residents, visitors, and businesses.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Division 2 of Article 11 of Chapter 70 of the Code of the City of 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,
ELECTRIC BICYCLES, MOPEDS, MOTORCYCLES, MOTORIZED BICYCLES, AND
MOTORIZED SCOOTERS
Sec. 70 -66. - Definitions.
The following definitions are applicable to this division:
Bicycle means every vehicle propelled solely by human power, having two tandem wheels,
and including any device generally recognized as a bicycle though equipped with two front or
two rear wheels. The term does not include such a vehicle with a seat height of no more than 25
inches from the ground when the seat is adjusted to its highest position or a scooter or similar
device. The term does not include non - motorized vehicles for hire as defined in section 106 -463
of the city Code.
Bicycle path means any road, path or way that is open to bicycle travel which road, path, or
way is physically separated from motorized vehicular traffic by an open space or by a barrier
and is located either within the highway right -of -way or within an independent right -of -way, and
as defined and authorized by state law and the city Code, and includes the city's coastal
pathways, beachwalk, baywalk, and cutwalk that are within the Atlantic Greenway Network as
set forth in appendix A.
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Code compliance officer means a code inspector as defined in section 30 -3 of the City
Code and, for purposes of this division shall include without limitation police officers.
Electric bicycle means a bicycle propelled by an electric motor, having two tandem wheels,
and including any device generally recognized as an electric bicycle though equipped with two
front or two rear wheels.
Electric personal assistive mobility device means any self- balancing, two non - tandem
wheeled device, designed to transport only one person, with an electric propulsion system, and
includes the definition set forth in F.S. § 316.003(83), as may be amended.
Grinding means the process by which a skater or skateboarder attaches to a curb or rail
and slides along the edge of the curb or rail.
High impact periods means those periods of time as annually designated by the city
manager during which one or more of the following occur:
(1) There is a designated major event period;
(2) A maintenance of traffic plan is required (e.g., including, but not limited to, street
closures, lane closures, shuttle service);
(3) Hotel occupancy levels are anticipated to be greater than 75 percent;
(4) Mutual aid or other assistance from outside agencies is required to provide for the
safety and well -being of residents and visitors to the destinations; or
(5) An event on public property is anticipated to result in more than 25,000 visitors to the
destination.
Launching means using any angled or elevated surface which the skater, skateboarder, or
cyclist can jump from in order to get airborne.
Moped means any vehicle with pedals to permit propulsion by human power, having a seat
or saddle for the use of the rider and designed to travel on not more than three wheels, with a
motor rated not in excess of 2 brake horsepower and not capable of propelling the vehicle at a
speed greater than 30 miles per hour on level ground and with a power -drive system that
functions directly or automatically without clutching or shifting gears by the operator after the
drive system is engaged. If an internal combustion engine is used, the displacement may not
exceed 50 cubic centimeters.
Motorcycle means any motor vehicle having a seat or saddle for the use of the rider and
designed to travel on not more than three wheels in contact with the ground (including those
vehicles commonly known as motor scooters), but excluding a tractor or a moped.
Motorized means of transportation means 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 F.S. § 316.003, as may be amended; but shall not include
motorized devices and wheelchairs when used by disabled persons.
Motorized bic cle means a bic cle •ro.eiled b a combination of human sower and an
electric helper motor capable of propelling the vehicle at a speed of not more than 20 miles per
hour on level ground, having two tandem wheels, and including any device generally recognized
as a motorized bicycle though equipped with two front or two rear wheels. The term does not
include such a vehicle with a seat height of no more than 25 inches from the ground when the
seat is adjusted to its highest position or a scooter or similar device.
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Motorized scooter means any vehicle not having a seat or saddle for the use of the rider,
designed to travel on not more than three wheels, and not capable of propelling the vehicle at a
speed greater than 30 miles per hour on level ground.
Rail sliding means an activity 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.
Stalling means the process by which a skater or skateboarder attaches to a curb or edge in
the space between the second and third wheel of the in -line skate or any part of the skateboard.
Sec. 70 -68. — Exemptions.
Police department and code compliance department bicycle, in -line skate, and, electric
personal assistive mobility device, electric bicycle, moped, motorcycle, motorized bicycle, and
motorized scooter patrol units, vehicles, and motorized means of transportation; city service and
transit vehicles; city - contracted security and maintenance service vehicles, service vehicles
authorized by the city for use by city lessees, concessionaires, or other city contractors
operating pursuant to any agreement with the city; and a person dismounted from and walking a
bicycle shall be exempt from the restrictions of this division.
* * *
Sec. 70 -70.1 - Responsibilities of persons and business entities providing rentals or
leases of mopeds, motorcycles, and motorized bicycles.
It shall be unlawful for any person or business entity to rent, lease, offer for rent or lease,
or permit to be rented or leased, with or without compensation, a moped, motorcycle that
is powered by a motor with a displacement of 50 cubic centimeters or less, or a
motorized bicycle, from March 1st at 12:00 a.m. through March 31st at 11:59 p.m. of
each year,
-
Any person or business entity that engages in the rental or lease of mopeds,
motorcycles that are powered by a motor with a displacement of 50 cubic centimeters or
less, or motorized bicycles, must securely affix the name of the person or business entity
that rents or leases such mopeds, motorcycles, or motorized bicycles, as well as a
unique device ID number, all of which shall be in lettering and numbers at least four
inches in height, on the front and back of each moped, motorcycle powered by a motor
with a displacement of 50 cubic centimeters or less, and motorized bicycle that is leased
or rented.
Sec. 70 -70.2 - Responsibilities of persons and business entities providing rentals or
leases of electric bicycles and motorized scooters.
(a) It shall be unlawful for any person or business entity to rent, lease, offer for rent or lease,
or permit to be rented or leased, with or without compensation, an electric bicycle or
motorized scooter, unless such electric bicycle or motorized scooter is intended to be
used exclusively on private property.
j) Any person or business entity that engages in the rental or lease of electric bicycles or
motorized scooters must prominently display at the place of business a notice that such
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electric bicycles and motorized scooters are not legal to operate on public roads and
may not be operated on sidewalks. This required notice must also appear in all forms of
advertising offering electric bicycles or motorized scooters for rent or lease. The notice
must also be provided to each consumer prior to the consumer renting or leasing an
electric bicycle or motorized scooter.
Any person or business entity that engages in the rental or lease of electric bicycles or
motorized scooters must securely affix the name of the person or business entity that
rents or leases such electric bicycles or motorized scooters, as well as a unique device
ID number, all of which shall be in lettering and numbers at least four inches in height,
on the front and back of each electric bicycle and motorized scooter that is leased or
rented.
Sec. 70 -71. - Enforcement, penalties.
(a) A violation of the provisions in subsections 70 -67 and 70 -69(a) and (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, as may be amended.
(b) A violation of the provisions in subsections 70- 69(b), and (d), or (e), and 70 -70 70 -70.1; or
70 -70.2 shall be enforced by a code compliance officer (which, as defined in section 70 -661
includes a police officer) 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 ten days after service of the
notice of violation, and that failure to do so shall constitute an admission 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(b)i and (d), and (e):
(i) First offense $100.00;
(ii) Second offense $250.00;
(iii) Third offense $500.00;
(iv) Fourth and subsequent offenses $1,000.00;
b. Pay the civil fine as follows for violations of subsections 70 -70(a) and (c) —(n); 70-
70.1; and 70 -70.2:
(i) First offense $250.00;
(ii) Second offense $500.00;
(iii) Third offense ..... $1,000.00;
(iv) Fourth and subsequent offenses ..... $2,000.00;
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(3)
c. Pay the civil fine as follow for violations of subsection 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 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 subsection 70- 70(b), the operation of the business must
cease until the required insurance is obtained.
If the offense is a fourth or subsequent offense of subsection 70- 69(b)1 and (d), or (e)i
Of subsections 70 -70(a) or (c) —(n); section 70- 70.1; or section 70 -70.2, 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);1 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.
(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 ten days of the issuance
of the notice of violation.
(5)
Any party aggrieved by the decision of the special master may appeal the decision in
accordance with law.
(6) The city may institute proceedings in a court of competent jurisdiction to compel
payment of civil fines.
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.
(8) The procedures for appeal of the notice of violation by administrative hearing shall be
as set forth in sections 30 -72 and 30 -73.
(7)
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
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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
Miami Beach City Code. 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 a?l day of /710 , 2018.
PASSED and ADOPTED this day of t�, 2018.
ATTEST:
37/2
Rafael E. Granado
City Clerk
Underline denotes additions
Strikethrough denotes deletions
denotes deleti
Dan Gelb
Mayor
ns taed tdal4e
INCORP CRATED
eth AIip )
tsiss2sss16---
(Sponsored by Commissioner John
APPROVED AS TO
FORM & LANGUAGE
& • R ECU ION
City Attorney Dote
13Y
F:\ATTO \KALN \ORDINANCES \Electric bicycle, moped, motorcycle, motorized bicycle, motorized scooter regulations (as amended
at 2nd reading).docx
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MIAMI BEACH
Ordinances - R5 H
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J. Aguila, City Attorney
DATE: May 16, 2018
1:45 p.m. Second Reading Public Hearing
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," ARTICLE II,
"PUBLIC PLACES," DIVISION II, "BICYCLING, SKATEBOARDING, ROLLER
SKATING, IN -LINE SKATING, AND MOTORIZED MEANS OF TRANSPORTATION,"
TO CREATE DEFINITIONS FOR "ELECTRIC BICYCLE," "MOPED,"
"MOTORCYCLE," "MOTORIZED BICYCLE," AND "MOTORIZED SCOOTER ";
ESTABLISH REGULATIONS FOR THE RENTAL OR LEASE OF ELECTRIC
BICYCLES, MOPEDS, MOTORCYCLES, MOTORIZED BICYCLES, AND
MOTORIZED SCOOTERS; AND PROHIBIT THE RENTAL OR LEASE OF A
MOPED, MOTORCYCLE THAT IS POWERED BY A MOTOR WITH A
DISPLACEMENT OF 50 CUBIC CENTIMETERS OR LESS, OR MOTORIZED
BICYCLE, DURING SPECIFIED DATES EACH YEAR; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
ANALYSIS
Pursuant to the request of Commissioner John Elizabeth Aleman, the attached Ordinance is hereby
submitted for consideration by the Mayor and City Commission.
The Ordinance amends Chapter 70 of the City Code, entitled "Miscellaneous Offenses," to create
definitions for "electric bicycle," "moped," "motorcycle," "motorized bicycle," and "motorized scooter ";
establish regulations for the rental or lease of electric bicycles, mopeds, motorcycles, motorized
bicycles, and motorized scooters; and prohibit the rental or lease of a moped, motorcycle that is
powered by a motor with a displacement of 50 cubic centimeters or less, or motorized bicycle, during
certain specified dates each year.
FINANCIAL INFORMATION
This Ordinance will have no more than a nominal impact on the City's resources.
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner John Elizabeth Aleman
Page 1100 of 1842
ATTACHMENTS:
Description
o Ordinance
Page 1101 of 1842