Ordinance 2019-4232ORDINANCE NO. 2019 -4232
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, MOTORIZED MEANS OF
TRANSPORTATION, ELECTRIC BICYCLING, MOPEDS,
MOTORCYCLES, MOTORIZED BICYCLES, AND MOTORIZED
SCOOTERS," BY AMENDING SECTION 70 -70.1, ENTITLED
"RESPONSIBILITIES OF PERSONS AND BUSINESS ENTITIES
PROVIDING RENTALS OR LEASES OF MOPEDS,
MOTORCYCLES, AND MOTORIZED BICYCLES," TO AMEND
THE REGULATIONS APPLICABLE TO THE RENTAL OR
LEASE OF MOPEDS, MOTORCYCLES, AND MOTORIZED
BICYCLES; 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, as well as during Memorial
Day weekend; 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 mopeds, motorcycles powered by motors with a displacement of 50 cubic
centimeters or less, and motorized bicycles, in order to move around the City; and
WHEREAS, due to their small size, mopeds, motorcycles powered by motors with a
displacement of 50 cubic centimeters or less, and motorized bicycles 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, on May 16, 2018, the Mayor and City Commission adopted Ordinance No.
2018 -4196, amending Chapter 70 of the City Code, entitled "Miscellaneous Offenses," to
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
WHEREAS, in light of the dangers posed by increased numbers of mopeds, motorcycles
(many of which are powered by motors with a displacement of 50 cubic centimeters or less),
and motorized bicycles in the City, 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, 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
DIVISION 2. Bicycling, Skateboarding, Roller Skating, In -Line Skating,
Motorized Means of Transportation, Electric Bicycling, Mopeds, Motorcycles, Motorized
Bicycles, and Motorized Scooters
* * *
Sec. 70 -70.1. Responsibilities of persons and business entities providing rentals or
leases of mopeds, motorcycles, and motorized bicycles.
(a)
bicycle, from March 1 at 12:00 a.m. through March 31 at 11:59 p.m. of cach year.
{-b-) 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
(1) provide a copy of the provisions of this section to each consumer prior to the
consumer renting or leasing a moped, motorcycle that is powered by a motor
with a displacement of 50 cubic centimeters or less, or motorized bicycle;
(2) securely affix the name and telephone number 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
(3) install and maintain a fully operable global positioning system (GPS) tracking
device onto each moped, motorcycle powered by a motor with a displacement of
50 cubic centimeters or less, and motorized bicycle;
2
on an annual basis, provide the city manager with a written notice certifying that
a fully operable GPS tracking device has been installed onto each moped,
motorcycle powered by a displacement of 50 cubic centimeters or less, and
motorized bicycle; and
provide the city's police department and code compliance department with a
phone number at which the person or business entity may be contacted 24 hours
a day, seven days a week, regarding potential violations of this section.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
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
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 c2Cr' day of JOnte y , 2018.
PASSED AND ADOPTED this /0 day of )4/4 u49/r , 2018.
ATTEST:
4k
rana• o, `City ler
Dan Gelber, Mayor
(Sponsored by Commissioner IC�ys' Ai r of 4 d'°., Co- Lponsored by Commissioner John
Underline denotes additions ,c ::,U'�„
Strike through denotes deletions k ;. � \�,% °
v� �A „,
F:\ATTO \KALN \ORDINANCES \Moped Ordinance n'ents\tol &eoli70- 7(f�.docx
Elizabeth Aleman)
3
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attomey
\ Date
lv�
MIAMI BEACH
Ordinances - R5 C
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J. Aguila, City Attorney
DATE: January 16, 2019
10:10 a.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,"
BYAMENDING ARTICLE II, ENTITLED "PUBLIC PLACES," BYAMENDING
DIVISION 2, ENTITLED "BICYCLING, SKATEBOARDING, ROLLER
SKATING, IN -LINE SKATING, MOTORIZED MEANS OF
TRANSPORTATION, ELECTRIC BICYCLING, MOPEDS, MOTORCYCLES,
MOTORIZED BICYCLES, AND MOTORIZED SCOOTERS," BY AMENDING
SECTION 70 -70.1, ENTITLED "RESPONSIBILITIES OF PERSONS AND
BUSINESS ENTITIES PROVIDING RENTALS OR LEASES OF MOPEDS,
MOTORCYCLES, AND MOTORIZED BICYCLES," TO AMEND THE
REGULATIONS APPLICABLE TO THE RENTAL OR LEASE OF MOPEDS,
MOTORCYCLES, AND MOTORIZED BICYCLES; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
ANALYSIS
Pursuant to the request of Commissioner Ricky Arriola, the attached Ordinance has been
placed on the January 16, 2019 City Commission meeting agenda for consideration on Second
Reading /Public Hearing.
On May 16, 2018, the Mayor and City Commission adopted Ordinance No. 2018 - 4196,
amending Chapter 70 of the City Code, entitled "Miscellaneous Offenses," to 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.
The attached Ordinance amends City Code Section 70 -70.1, entitled "Responsibilities of
persons and business entities providing rentals or leases of mopeds, motorcycles, and
motorized bicycles," to (i) repeal the prohibition on the rental of mopeds, motorcycles powered
by a motor with a displacement of 50 cubic centimeters or Tess, and motorized bicycles during
specified dates each year; and (ii) amend the regulations applicable to the rental or lease of
mopeds, motorcycles powered by a motor with a displacement of 50 cubic centimeters or less,
and motorized bicycles.
Page 868 of 1648
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 Ricky Arriola and Co- sponsored by Commissioner John Elizabeth Aleman
ATTACHMENTS:
Description
o Ordinance
Page 869 of 1648