Ordinance 2021-4411 ORDINANCE NO. 2021-4411
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, FLORIDA, 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 BICYCLES, MOPEDS, MOTORCYCLES,
MOTORIZED BICYCLES, AND MOTORIZED SCOOTERS," BY AMENDING
SECTION 70-70.1 THEREOF, ENTITLED "RESPONSIBILITIES OF PERSONS
AND BUSINESS ENTITIES PROVIDING RENTALS OR LEASES OF MOPEDS,
MOTORCYCLES, AND MOTORIZED BICYCLES," TO EXPAND THE CITY
MANAGER'S AUTHORITY TO ORDER THE IMMEDIATE SUSPENSION AND
CLOSURE OF THOSE BUSINESS ENTITIES RENTING OR LEASING
CERTAIN VEHICLES UPON THE CITY MANAGER'S DECLARATION OF A
HIGH IMPACT PERIOD; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION AND FOR AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach (the "City") is an internationally renowned tourist
destination famous for its beaches, shopping, and entertainment; 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, authorized and unauthorized uses of City property and the beaches during
such events or periods of time have been known to cause damage, personal injury, property
degradation, and dramatically affect the quality of life of the City's residents; and
WHEREAS, the large influx of visitors, pursuant to such high impact events or periods
of time, places additional stress on the City's infrastructure, including the City's beaches,
parks, roadways and sidewalks, and places increased demands on the City's police, fire,
code compliance and sanitation resources; and
WHEREAS, these additional stressors include the large number of visitors who rent
or lease a wide variety of vehicles and motorized "toys," largely in order to"joyride" all around
the City; and
WHEREAS, City records demonstrate that the "joyriding" of such vehicles and
motorized "toys" result in a large number of violations of State and local laws, and generate
a great deal of complaints of dangerous and reckless conduct; and
WHEREAS, the use and operation of such vehicle and motorized "toys" also creates
excessive noise, and disturbs the surrounding neighborhoods and negatively affects nearby
businesses and residents; and
WHEREAS, on May 16, 2018, in an attempt to mitigate the these negative effects, the
Mayor and City Commission amended 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 to prohibit 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, during specified dates each year; and
WHEREAS, on January 16, 2019, the Mayor and City Commission then adopted
Ordinance No. 2019-4232 amending Section 70-70.1 of the City Code, entitled
"Responsibilities of persons and business entities providing rentals or leases of mopeds,
motorcycles, and motorized bicycles," to remove the prohibition regarding the rental or lease
of mopeds, motorcycles or motorized bicycles during specified dates each year, and instead
set forth certain requirements with which those persons and business entities that provide
rentals or leases of mopeds, motorcycles powered by motors with a displacement of 50 cubic
centimeters or less, and motorized bicycles must comply; and
WHEREAS, at the April 10, 2019 City Commission meeting, Mayor Dan Gelber sponsored
an amendment to Section 82-443 of the City Code (the "High Impact Period Ordinance"), which
was meant to provide the City Administration with a more effective set of tools to mitigate the
negative effects, strain on the City's resources, and adverse impact upon the City's residents and
businesses, resulting from intense, heavily attended events during high impact periods(including,
without limitation, Spring Break, New Year's Eve, and Memorial Day weekend); and
WHEREAS, on September 16, 2020, the Mayor and City Commission passed and
adopted Ordinance No. 2020-4356, which again amended Section 70-70.1 of the City Code,
by limiting the total number of mopeds, motorcycles, and motorized bicycles which 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.); and setting forth additional penalties for such
violations; and
WHEREAS, on November 18, 2020,the Mayor and City Commission passed and adopted
Ordinance 2020-4369, which further amended Sections 70-70.1 and 70-71 of the City Code, by:
(i) mandating the installation of an emergency power off ("EPO") device onto each
moped, motorcycle powered by motor with a displacement of 50 cubic centimeters
or less, and motorized bicycle available for rental or lease by those business
establishments renting or leasing such vehicles in the City; and
(ii) requiring all persons that rent or lease such mopeds, motorcycles, and motorized
bicycles in the City to return such vehicle prior to 7:00 p.m. daily; and
(iii) establishing penalties for violations of section 70-70.1; and
WHEREAS, the Mayor and City Commission, and the City Administration, continue to
receive numerous complaints regarding the careless and illegal operation of these rented
and leased motorized vehicles (which complaints include golf carts, low-speed vehicles,
autocycles and motorized scooters), particularly during high impact periods and events; and
WHEREAS, in light of the violations, dangers and complaints generated by the
increased use of such rented and leased vehicles and motorized "toys" within the City, the
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Mayor and City Commission desire to adopt the amendments set forth herein, as necessary
to promote the public health, safety and welfare of the City' s residents and visitors.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. Division 2 of Article II 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,
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) 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) Obtain an assigned alphabetical character from the city, which must be utilized
exclusively by the person or business entity as the first character in each unique device
ID number required pursuant to this section;
(3) Create a unique device ID number for each moped, motorcycle that is powered by a
motor with a displacement of 50 cubic centimeters or less, and motorized bicycle that
is leased or rented, and such unique device ID number must be comprised of a total
of three alphanumeric characters, beginning with the alphabetical character assigned
by the city, and followed by two numerical characters;
(4) Securely affix the unique device ID number, in a location not likely to be obscured by
the body of the rider or passenger, to the front, left rear side and right rear side of each
moped, motorcycle that is powered by a motor with a displacement of 50 cubic
centimeters or less, and motorized bicycle that is leased or rented, in lettering and
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numbering at least four inches in height and in a contrasting color to the background
upon which it is affixed;
(5) Securely affix the name and telephone number of the person or business entity that
rents or leases such mopeds, motorcycles, or motorized bicycles, in a location not
likely to be obscured by the body of the rider or passenger, to the left and right sides
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 in lettering at least
two inches in height and in a contrasting color to the background upon which it is
affixed;
(6) Install and maintain a fully operable global positioning system (GPS) tracking device
and emergency power off (EPO) device onto each moped, motorcycle powered by a
motor with a displacement of 50 cubic centimeters or less, and motorized bicycle that
is leased or rented;
(7) On an annual basis, provide the city manager with a written notice certifying that,a fully
operable GPS tracking device and EPO device have been installed onto each moped,
motorcycle powered by a displacement of 50 cubic centimeters or less, and motorized
bicycle; and
(8) On the first day of each month, unless the first day of the month falls on a Saturday,
Sunday or a legal holiday, in which case the next business day, submit a certificate to
the chief of police, or the chief's designee, identifying each moped, motorcycle
powered by a motor with a displacement of 50 cubic centimeters or less, and motorized
bicycle that is leased or rented. The certification must include:
a. The unique device ID number, along with the corresponding license plate
number, for each moped, motorcycle powered by a motor with a displacement
of 50 cubic centimeters or less, and motorized bicycle that is leased or rented;
and
b. The date, time and location of each moped, motorcycle powered by a motor
with a displacement of 50 cubic centimeters or less or motorized bicycle, that
was disabled pursuant to a notification of improper operation for the preceding
month.
(9) 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.
(10) On each occasion when the city attempts to contact the business entity at the phone
number provided in subsection (a)(9) herein, a representative of the business entity
must answer such telephone call; and shall disable any rented or leased vehicle,which
is reported by the city to have been operated in violation of any state, county or city
law, by activating the emergency power off (EPO) device, immediately upon such
vehicle(s) coming to a stop and the engine having been turned off.
(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, shall only maintain a maximum of twenty-five (25)total such vehicles within its fleet.
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(c) The city manager may, upon declaration of a high impact period, as provided in section 82-
443 of the City Code, order the immediate suspension and closure of any business entities
providing rentals or leases of mopeds, motorcycles that are powered by a motor with a
displacement of 50 cubic centimeters or less, of motorized bicycles, golf carts, low-speed
vehicles, autocycles, or motorized scooters (as such terms are defined in this division or
section 142-3 of the City Code).
(d) Prohibition — No overnight rentals or leases
(1) No person or business entity shall rent or lease;, or make available for rent or lease,
or permit another to rent or lease, any moped, motorcycle that is powered by a motor
with a displacement of 50 cubic centimeters or less, or motorized bicycle between 7
p.m. and 7 a.m. each day.
(2) Persons or business entities providing rentals or leases of mopeds, motorcycles that
are powered by a motor with a displacement of 50 cubic centimeters or less, or
motorized bicycles shall be responsible for ensuring that all such rented or leased
vehicles are returned to the business premises prior to 7 p.m. each day.
a. The city shall be authorized to impound and confiscate any rented or leased
moped(s), motorcycle(s)that are powered by a motor with a displacement of 50
cubic centimeters or less, or motorized bicycle(s)found to be on public property
between the prohibited hours of 7 p.m. through 7 a.m.
(3) Persons or business entities providing rentals or leases of mopeds, motorcycles that
are powered by a motor with a displacement of 50 cubic centimeters or less, or
motorized bicycles shall:
a. Securely affix, in a location not likely to be obscured by the body of the rider or
passenger, to the front, left rear side and right rear side of each vehicle, in clear
and conspicuous lettering, that all such rented or leased vehicles shall be
returned to the business premises prior to 7 p.m. each day; and
b. Require all persons who rent or lease any moped(s), motorcycle(s) that are
powered by a motor with a displacement of 50 cubic centimeters or less, or
motorized bicycle(s)to sign a written acknowledgement that:
i. Any such rented or leased vehicles must be returned to the business
premises prior to 7 p.m. each day; and
ii. Any such rented or leased vehicles not returned to the business premises
by 7 p.m. will be deactivated using the emergency power off (EPO)
device; and
iii. Any such rented or leased vehicles are prohibited from being operated in
the City between the prohibited hours of 7 p.m. through 7 a.m.
c. Activate the emergency power off(EPO) device of all moped(s), motorcycle(s)
that are powered by a motor with a displacement of 50 cubic centimeters or
less, and motorized bicycle(s) that have not been returned to the business
premises prior to 7 p.m. each day, immediately upon such vehicle(s) coming to
a stop and the engine having been turned off.
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(e) Responsibilities of persons that rent or lease mopeds, motorcycles, and motorized bicycles
(1)All persons that rent or lease any moped(s), motorcycle(s)that are powered by a motor
with a displacement of 50 cubic centimeters or less, or motorized bicycle(s) shall:
a. Return such rented or leased vehicles to the business premises prior to 7 p.m.
each day; and
b. Be prohibited from operating any such vehicles in the City between the prohibited
hours of 7 p.m. through 7 a.m.
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, sentence, clause or phrase of this ordinance is
held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding
shall in no way affect the validity of the remaining portions of this ordinance.
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 a part of the Code of the City of Miami Beach, Florida. The sections of this
ordinance may be renumbered or re-lettered 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 / day of rng� , 2021.
PASSED AND ADOPTED this a� day of APri � , 2021.
ATTEST: -ti�ti`a
si cti''. Dan Gelber Mayor
i
3(t'L(314 ',NOP ORATED
Rafael . Granado, City lerk .
(Sponsored by Commissioner David Richardson and co-sponsored by Mayor Dan Gelber and
Commissioner Mark Samuelian)
Underline denotes additions
Striket#reugh denotes deletions
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney Arvyr; Date
6
Ordinances -R5 G
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael Paz,Acting City Attorney
DATE: April 21, 2021
10:40 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, FLORIDA, 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 BICYCLES, MOPEDS, MOTORCYCLES,
MOTORIZED BICYCLES, AND MOTORIZED SCOOTERS," BY AMENDING
SECTION 70-70.1 THEREOF, ENTITLED "RESPONSIBILITIES OF
PERSONS AND BUSINESS ENTITIES PROVIDING RENTALS OR
LEASES OF MOPEDS, MOTORCYCLES, AND MOTORIZED BICYCLES,"
TO EXPAND THE CITY MANAGER'S AUTHORITY TO ORDER THE
IMMEDIATE SUSPENSION AND CLOSURE OF THOSE BUSINESS
ENTITIES RENTING OR LEASING CERTAIN VEHICLES UPON THE CITY
MANAGER'S DECLARATION OF A HIGH IMPACT PERIOD; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND FOR
AN EFFECTIVE DATE.
RECOMMENDATION
Pursuant to the request of Commissioner David Richardson, and Co-Sponsors Mayor Dan
Gelber and Commissioner Mark Samuelian the above-referenced Ordinance is submitted for
consideration by the Mayor and City Commission at the March 17, 2021 Commission meeting
for 1st reading.
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
Page 393 of 2709
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner David Richardson & Co-sponsored by Mayor Dan Gelber and Commissioner
Mark Samuelian
ATTACHMENTS:
Description
Ordinance-2nd Rdg. -Amend Sec. 70-70.1 - City Manager's Authority to Suspend or Close
❑ Certain Rental Vehicle Businesses upon Declaration of a High Impact Period (2021)- Form
Approved
❑
Commission Memo-2nd Rdg. -Amend Sec. 70-70.1 - City Manager's Authority to Suspend or
Close Certain Rental Vehicle Businesses upon Declaration of a High Impact Period (2021)
Page 394 of 2709
;_
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,FL 33139 www.miamibeachfl.gov
COMMISSION MEMORANDUM
Second Reading/Public Hearing
TO: Mayor Dan Gelber
Members of the City Commission
Raul J.Aguila, Interim City Manager
FROM: Rafael A. Paz, Acting City Attorney f
DATE: April 21, 2021
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, FLORIDA, 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 BICYCLES, MOPEDS, MOTORCYCLES,
MOTORIZED BICYCLES, AND MOTORIZED SCOOTERS," BY AMENDING
SECTION 70-70.1 THEREOF, ENTITLED "RESPONSIBILITIES OF PERSONS
AND BUSINESS ENTITIES PROVIDING RENTALS OR LEASES OF MOPEDS,
MOTORCYCLES, AND MOTORIZED BICYCLES," TO EXPAND THE CITY
MANAGER'S AUTHORITY TO ORDER THE IMMEDIATE SUSPENSION AND
CLOSURE OF THOSE BUSINESS ENTITIES RENTING OR LEASING
CERTAIN VEHICLES UPON THE CITY MANAGER'S DECLARATION OF A
HIGH IMPACT PERIOD; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION AND FOR AN EFFECTIVE DATE.
The proposed Ordinance (the "Ordinance"), which is sponsored by Commissioner David
Richardson and co-sponsored by Mayor Dan Gelber and Commissioner Mark Samuelian, is
submitted for second reading at the April 21, 2021 meeting of the City Commission.
The Ordinance seeks to expand the City Manager's authority to order the immediate suspension
and closure of those business entities renting or leasing certain vehicles—including golf carts,
low-speed vehicles,autocycles or motorized scooters--upon the City Manager's declaration
of a high impact period.The Ordinance amends Section 70-70.1 of the City Code,which currently
provides the City Manager with the authority to suspend or close those business entities renting
or leasing mopeds, motorcycles powered by motors of 50cc or less, and motorized bicycles, upon
declaration of a high impact period.
On March 17, 2021, the Mayor and City Commission adopted, the proposed Ordinance was
approved on first reading.
RAP/MAF/bhs
Page 401 of 2709