Resolution 2021-31592 RESOLUTION NO. 2021-31592
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, DIRECTING THE CITY ADMINISTRATION TO
TRACK THE STATISTICAL DATA PERTAINING TO THE ENFORCEMENT OF
THOSE STATE LAWS AND CITY ORDINANCES REGULATING THE
OPERATION OF RENTED SCOOTERS, AUTOCYCLES, MOPEDS,
MOTORCYCLES THAT ARE POWERED BY A MOTOR WITH A
DISPLACEMENT OF 50 CUBIC CENTIMETERS OR LESS, AND MOTORIZED
BICYCLES FROM DECEMBER 1, 2020 THROUGH JUNE 1, 2021; AND
FURTHER DIRECTING THAT SUCH STATISTICAL DATA BE PRESENTED
TO THE MAYOR AND CITY COMMISSION AT THE JUNE 23, 2021 CITY
COMMISSION MEETING.
WHEREAS, the City's popularity as a resort and tourist destination entices many visitors
to the City in order to enjoy its beautiful beaches, restaurants, and vast array of artistic and
cultural attractions; and
WHEREAS, numerous visitors to the City rent scooters, autocycles, mopeds,
motorcycles powered by motors with a displacement of 50 cubic centimeters or less, and
motorized bicycles; and
WHEREAS, these visitors frequently rent such motorized devices to "joyride"
throughout the City; and
WHEREAS, the small size of scooters, autocycles, mopeds, motorcycles powered by
motors with a displacement of 50 cubic centimeters or less, and motorized bicycles enables
such vehicles to be utilized by "joyriders" to weave in and out of traffic, and to ride on and off
the City sidewalks, walkways and bicycle paths; and
WHEREAS, such reckless and unlawful operation of these motorized vehicles
endangers pedestrians, cyclists, and operators of other motor vehicles; and
WHEREAS, there are various State laws regulating the operation of motorized vehicles
including, but not limited to, speeding, stop sign and stop light violations, improper lane change,
failure to yield, and careless/reckless driving; and
WHEREAS, despite the State laws, which prohibit certain illegal conduct relating to the
operation of motorized vehicles(and the City's enforcement efforts regarding same), the Police
Department has substantiated that the rental of these motorized devices results in a large
number of violations of State and local laws (and generates a great deal of complaints of
dangerous and reckless behavior); 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," by
creating Section 70-70.1, to establish regulations pertaining to the rental or lease of electric
bicycles, mopeds, motorcycles, motorized bicycles, and motorized scooters; and
WHEREAS, on January 16, 2019, the Mayor and City Commission adopted Ordinance
No. 2019-4232, which amended section 70-70.1 of the City Code, to set forth certain additional
requirements with which those persons and business entities that provide rentals or leases of
mopeds, motorcycles, and motorized bicycles must comply; and
WHEREAS, on September 16, 2020, the Mayor and City Commission adopted
Ordinance No. 2020-4356, which further amended Section 70-70.1 of the City Code, by limiting
the total number of mopeds, motorcycles, and motorized bicycles which existing business
entities may rent or lease; authorizing the City Manager to prohibit the rental or lease of such
vehicles upon a declaration of a high impact period; prohibiting the overnight rental or lease of
such vehicles; mandating certain signage requirements regarding the prohibited hours of
operating such vehicles (7 p.m. through 7 a.m. daily); and setting forth additional penalties for
such violations; and
WHEREAS, on November 18, 2020, the Mayor and City Commission again amended
Section 70-70.1 of the City Code, by adopting Ordinance No. 2020-4369, which requires an
Emergency Power Off("EPO") device (that allows remote shut off, and disables restarting, of
a vehicle)to be installed onto each moped, motorcycle, and motorized bicycle that is rented or
leased within the City; and
WHEREAS, on December 9, 2020, the Mayor and City Commission adopted Ordinance
No. 2020-4388, which prohibits any (future) persons or business entities from engaging in the
rental or lease of certain identifiable vehicles (including, but not limited to, mopeds, motorized
bicycles, golf carts, and low speed vehicles)within the City; and
WHEREAS, the City continues to receive numerous complaints regarding the careless
and illegal operation of these rented and leased vehicles; and
WHEREAS, the Mayor and City Commission desire to adopt this Resolution requiring
the City Administration to provide critical data and statistics in order to evaluate the
effectiveness of those previously adopted Ordinances regulating the rental and operation of
mopeds, motorcycles, and motorized .bicycles; and to determine whether any further
regulations of motorized scooters, autocycles, mopeds, motorcycles that are powered by a
motor with a displacement of 50 cubic centimeters or less, or motorized bicycles are necessary
to protect the health, safety, and welfare of the City's residents and visitors.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby
direct the City Administration to track the statistical data pertaining to the enforcement of those
State laws and City Ordinances regulating the operation of rented scooters, autocycles,
mopeds, motorcycles that are powered by a motor with a displacement of 50 cubic centimeters
or less, and motorized bicycles from December 1, 2020 through June 1, 2021; and further
directing that such statistical data be presented to the Mayor and City Commission at the June
23, 2021 City Commission meeting.
PASSED AND ADOPTED this /d day of February, 2021.
ATTEST: �s„,,,
Dan Gelber, Mayor
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`►N QRw Moi gin'
Rafael E. Granado, CityClerk ',t ,,- :� APPROVED AS TO
FORM & LANGUAGE
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(Sponsored by: Commissioner David Richardson')
&FOR EXECUTION
City Attorney .A�� Date
Resolutions -C7 Y
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael Paz,Acting City Attorney
DATE: February 10, 2021
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY ADMINISTRATION
TO TRACK THE STATISTICAL DATA PERTAINING TO THE
ENFORCEMENT OF THOSE STATE LAWS AND CITY ORDINANCES
REGULATING THE OPERATION OF RENTED SCOOTERS,
AUTOCYCLES, MOPEDS, MOTORCYCLES THAT ARE POWERED BY A
MOTOR WITH A DISPLACEMENT OF 50 CUBIC CENTIMETERS OR LESS,
AND MOTORIZED BICYCLES FROM DECEMBER 1, 2020 THROUGH JUNE
1, 2021; AND FURTHER DIRECTING THAT SUCH STATISTICAL DATA BE
PRESENTED TO THE MAYOR AND CITY COMMISSION AT THE JUNE 23,
2021 CITY COMMISSION MEETING.
ANALYSIS
Pursuant to the request of Commissioner David Richardson, the attached Resolution is
submitted for consideration by the City Commission.
SUPPORTING SURVEY DATA
N/A
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner David Richardson
Page 537 of 1252
ATTACHMENTS:
Description
n Resolution
Page 538 of 1252
/tBEACN
OFFICE OF THE CITY MANAGER
NO LTC#244-2021 LETTER TO COMMISSION
TO: Honorable Mayor Dan Gelber and M: bers of the City Commission
FROM: Alina T. Hudak, City Manag:OlI,
DATE: June 15, 2021
SUBJECT: Rented Scooter Enforcement Data (December 1, 2020—June 1, 2021)
The purpose of this Letter to Commission is to provide information to Resolution NO 2021-31592
directing the city administration to track the statistical data pertaining to the enforcement of those
state laws and city ordinances regulating the operation of rented scooters, autocycles, mopeds,
and motorcycles.
Miami Beach Police Department records demonstrate that the increased presence of businesses
within the City that rent and lease mopeds, motorcycles that are powered by a motor with a
displacement of 50 cubic centimeters or less, and motorized bicycles, continues to result in a large
number of violations of State and local laws, and generate a great deal of complaints of dangerous
and reckless conduct. In light of the dangers posed by increased numbers of rented and leased
mopeds, motorcycles, and motorized bicycles in the City, the Mayor and City Commission desire
to adopt the amendments set forth herein, as necessary to promote the public safety of the City s
residents and visitors.
The language in the Ordinance (70-70.1) passed on 3/14/2019 which allows officers to identify
scooter companies via a unique device ID number(3 alphanumeric characters)affixed to a scooter
and call it into our dispatchers to shut down a violating scooter has been an extremely helpful tool
for us to curb aberrant driving behavior, and registered scooter companies will have to provide a
monthly report to Police/Code as to how many scooters they have for rent, their 24/7 contact
information as well as other mandated information. Any violations of not providing any
information were cited by the Code Compliance Department.
From December 1, 2020 through June 1, 2021, Miami Beach Police Department has accumulated
the following statistics as it applies to Motorcycle and Scooter violations.
• 196 calls were made to the Public Safety Communications Division to disable rented or
leased scooter, which was reported by Police Officer to have been operated in violation of any
state, county or city law.
• 317 scooters were turned off by activating the emergency power off(EPO)device.
• 1,503 citations were issued to Motorcycle operators and 1,525 citations were issued to
Scooter operators.
From December 1, 2020 through June 1, 2021, the Miami Beach Code Compliance Department
issued 22 city code violations for violation of section 70-70.1.
• 1 (one) Individual riding on Ocean Drive(closed to vehicular traffic)
• 1 (one) different numbers on scooter& numbers not contrasting
• 6 (six)failing to answer the 24/7 phone number
• 10 failing to submit monthly certificate
• 3 (three)nonfunctional 24/7 phone number
• 1 renting a moped which exceeds 50 CC
The City revoked the Business Tax Receipt for"Fun Miami LLC DBA VIP Miami Rentals" on
2/24/2021. There was a settlement agreement on 3/19/2021 in which the business was allowed
to resume.
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