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Ordinance 2021-4429 I - ORDINANCE NO. 2021-4429 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 70-66 THEREOF, ENTITLED "DEFINITIONS," BY ESTABLISHING AND MODIFYING CERTAIN DEFINITIONS SET FORTH THEREIN; AND BY CREATING SECTION 70-72, ENTITLED "PROHIBITION ON DELIVERING SPECIFIED MOTORIZED VEHICLES FOR RENTAL OR LEASE," WHICH SHALL SERVE TO PROHIBIT PERSONS AND BUSINESS ENTITIES FROM DELIVERING CERTAIN MOTORIZED VEHICLES, FOR RENTAL OR LEASE, IN THE CITY; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND 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, the City hosts millions of visitors annually; and WHEREAS, this large influx of visitors 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 autocycles, golf carts, low-speed vehicles, mopeds, motorcycles that are powered by a motor with a displacement of 50 cubic centimeters or less and motorized scooters, primarily in order to joyride these motorized "toys" around the City; and WHEREAS, due to their small size and maneuverability, such motorized "toys" may be used to weave in and out of traffic, and on and off sidewalks and bicycle paths, thereby endangering pedestrians, cyclists, and operators of other motor vehicles; and WHEREAS, City records demonstrate that the "joyriding" of such vehicles and motorized "toys" result in many 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 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, on September 16, 2020, the Mayor and City Commission 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 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, on December 9, 2020, the Mayor and City Commission then adopted Ordinance No. 2020-4388, which created Section 142-3 of the City Code to prohibit the rental or lease of certain identifiable vehicles (including mopeds, motorcycles that are powered by a motor with a displacement of 50 cubic centimeters or less, motorized bicycles, golf carts, motorized scooters and low-speed vehicles)within the City of Miami Beach; and WHEREAS, on March 17, 2021, the Mayor and City Commission adopted Ordinance No. 2021-4411, which amended Section 70-70.1 of the City Code to expand the City Manager's authority to include the suspension or closure of those business establishments that rent or lease autocycles, golf carts, low-speed vehicles and/or motorized scooters upon the declaration of a high impact period; and WHEREAS, the Mayor, City Commissioners, and City Administration continue to receive numerous complaints regarding the careless and illegal operation of these rented and leased vehicles and motorized "toys" within the City; and WHEREAS, there are only about fourteen (14) businesses that rent or lease such motorized "toys" located within the City; and 2 WHEREAS, some of these motorized "toys" are being delivered into the City, or within the City, for the express purpose of being rented or leased; and WHEREAS, City Police Department records demonstrate that the increased presence of these rented and leased vehicles and motorized. "toys" in the City continues to result in many violations of State and local laws, and generate a great deal of complaints of dangerous and reckless conduct; and WHEREAS, in light of the dangerous situations, traffic problems and nuisance created and posed by the increased numbers of these rented and leased motorized vehicles within the City, the Mayor and City Commission desire to adopt the amendments set forth herein, as necessary to promote the public 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 BICYCLES, MOPES MOPEDS, MOTORIZED BICYCLES, AND MOTORIZED SCOOTERS * * * Sec. 70-66. — Definitions. The following definitions are applicable to this division: Autocycle means a three-wheeled motorcycle that has two wheels in the front and one wheel in the back; is equipped with a roll cage or roll hoops, a seat belt for each occupant, antilock brakes, a steering wheel, and seating that does not require the operator to straddle or sit astride it; and is manufactured in accordance with the applicable federal motorcycle safety standards in 49 C.F.R. part 571 by a manufacturer registered with the National Highway Traffic Safety Administration. 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 3 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. 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. Golf cart means a motor vehicle designed and manufactured for operation on a golf course for sporting or recreational purposes. 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. 4 Low-speed vehicle means any four-wheeled vehicle whose top speed is greater than 20 miles per hour but not greater than 25 miles per hour including, but not limited to, neighborhood electric vehicles. 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 two 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. The term does not include an electric bicycle. 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 thocc • - - -*•• ••*- •- • - - - --- - , - - - - - - - - - - - - - • - - -. The term includes an,autocycle, but does not include a tractor, a moped, an electric bicycle, or any vehicle in which the operator is enclosed by a cabin unless it meets the requirements set forth by the National Highway Traffic Safety Administration for a motorcycle. 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 bicycle means a bicycle propelled by a combination of human power 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. Motorized scooter means any vehicle e e••e ' e - '-- •- - -e . - -e e - ••e e 41-At—having a seat or saddle for the use of the rider, designed to travel on not more than three wheels, and wl4e121=i6 not capable of propelling the vehicle at a speed greater than.30 20 miles per hour on level ground. The term does not include an electric bicycle. 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. 70-72. - Prohibition on delivering specified motorized vehicles for rental or lease. (a) It shall be unlawful and prohibited for any person or business entity (including any employee, manager, agent and/or owner of a business entity) to bring or deliver iRte 5 the—City any autocycle, golf cart, low-speed vehicle, moped, motorcycle or motorized scooter to any place or location within the City for the purpose of renting or leasing, or offering to rent or lease, such vehicle to the general public. Notwithstanding the foregoing, it shall not be a violation of this Section 70-72 for any person or business entity in possession of a valid business tax receipt issued by the City, which business tax receipt provides for the rental or lease of such vehicles to the general public, to bring or deliver o-tho-City such vehicles to its business •remises in order to replenish its fleet, or after such vehicles have been repaired or recovered. (b) A violation of this Section 70-72 shall be enforced by a code compliance office_rjwhich, as defined in section 70-66, 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 (10) 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: (i) First offense $1,000.00; (ii) Second offense $2,500.00; (iii) Third and subsequent offenses $5,000.00; or b. Request an administrative hearing within ten (10) 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. (3) 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. (4) Any party aggrieved by the decision of the special master may appeal the decision in accordance with law. (5) The city may institute proceedings in a court of competent jurisdiction to compel payment of civil fines. 6 (6) 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. Aftertwo months from the filing of any such lien which remains unpaid, the city may foreclose or otherwise execute upon the lien. (7.) The procedures for appeal of the notice of violation by administrative hearing shall be as set forth in sections 30-72 and 30-73. 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 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. n This Ordinance shall take effect the/day of t��IS, , 2021 PASSED and ADOPTED this 24 day of /41/ 2021. ATTEST: , 2—z1,----____ R)i Dan Gelber, Mayor. $/2 at I't _. l B�,, Rafael E. Granado, Ci Clerk le" ,=f ''•cti'i�, ' ' 5 ':, iIPCORP ORATED' Underline denotes additions ' �' � ; ^_r denotes deletions ',,,CNG .„'' ,,,,,,,,.. APPROVED AS TO Double underline denotes additions after First Reading FORM & LANGUAGE- Double strikcthrough denotes deletions after First Reading • : &FOR EXECUTION (Sponsored by: Commissioner David Richardson) 7..7- --- 7 -:,-Zj City A orney, . Date Agenda Item R5e_ Date 7-.)1-2.1 MAM City of Miami Beach, 1700 Convention Center Drive,Miami Beach,FL 33139 www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Dan Gelber Second Reading/Public Hearing Members of the City Commission Alina T. Hudak, City Manager FROM: Rafael A. Paz, Acting City Attorney DATE: July 28, 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 70-66 THEREOF, ENTITLED "DEFINITIONS," BY ESTABLISHING AND MODIFYING CERTAIN DEFINITIONS SET FORTH THEREIN; AND BY CREATING SECTION 70-72, ENTITLED "PROHIBITION ON DELIVERING SPECIFIED MOTORIZED VEHICLES FOR RENTAL OR LEASE," WHICH SHALL SERVE TO PROHIBIT PERSONS AND BUSINESS ENTITIES FROM DELIVERING CERTAIN MOTORIZED VEHICLES, FOR RENTAL OR LEASE, IN THE CITY; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. SUPPLEMENTAL LEGAL MEMORANDUM: This supplemental Commission Memorandum is intended to address the legal issues raised at first reading of the proposed Ordinance on June 23, 2021, and specifically,whether the proposed Ordinance would withstand a legal challenge based upon the Commerce Clause (Art. I, § 8 of the United States Constitution). Although our research has revealed no legal authority directly on point regarding a prohibition on the delivery of similar"toy" vehicles, analogous cases support the conclusion that the City has the requisite legal authority to enact this legislation, just like any other regulation of business activity. A. Legal Analysis - Commerce Clause The express provisions of the Commerce Clause have been interpreted as a grant of positive authority to the United States Congress to regulate interstate commerce. State and local authority is not explicitly addressed; however, the Commerce Clause has also been judicially construed as an implied prohibition of state or local laws that discriminate against interstate Supplemental Commission Memorandum -Prohibiting the Delivery of Certain Motorized Vehicles in the City for Rental or Lease July 28, 2021 Page 2 commerce by burdening out-of-state entities in favor of in-state entities that are similarly situated within a particular market. This judicially created rule, which would be the rule applied to analyze this Ordinance, is known as the "dormant" Commerce Clause. Here, as there is no Congressional action, the explicit provisions of the Commerce Clause are obviously not at issue, and the focus of this memorandum is on the "dormant" Commerce Clause. In this regard, the proposed Ordinance likely does not implicate the "dormant" Commerce Clause because the proposed Ordinance does not discriminate between in-state and out-of-state businesses as it treats all persons and entities identically with respect to the prohibition on bringing or delivering the "toys" anywhere in the City for the purpose of rental or lease to the general public. Two (2) analogous federal appellate decisions illustrate this point. First, in Brown & Williamson Tobacco Corp. v. Pataki, the appellate court upheld a state statute prohibiting cigarette sellers from deliveries of cigarettes directly to New York consumers because the statute evenhandedly regulated all direct shippers and transporters regardless of where they were located. 320 F.3d 200, 210-11 (2d Cir. 2003). The plaintiffs, cigarette sellers, failed to show a discriminatory effect on interstate commerce by alleging the difficulties they would face to continue selling cigarettes directly to New York consumers, and such de minimis effects on interstate commerce were not clearly excessive in relation to the local benefit of preventing cigarette sales to minors. Id. at 216-17; see also Oltra, Inc. v. Pataki, 273 F. Supp. 2d 265, 279 (W.D.N.Y. 2003) (holding that a state statute prohibiting shipment and transportation of cigarettes directly to New York consumers did not violate the dormant Commerce Clause where the law was enacted pursuant to state police powers to protect its citizens). In the second federal appellate decision, Cherry Hill Vineyard, LLC v. Baldacci, the appellate court upheld a statute banning the direct shipment of wine to consumers because the statute was a reasonable regulation that applied equally to in-state and out-of-state wineries to prevent the sale of alcoholic beverages to minors. 505 F.3d 28, 32 (1st Cir. 2007). The prohibition established in the proposed Ordinance is analogous to the prohibition of directly shipping cigarettes to consumers in Brown & Williamson Tobacco and directly shipping wine to consumers in Cherry Hill Vineyard because the Ordinance is not discriminatory, as it does not favor any businesses within the state, and all businesses are subject to the same restriction. Moreover, any inconvenience that businesses renting or leasing these motorized vehicles may face in their operations following enactment of the Ordinance are not clearly excessive in relation to the local benefit of mitigating the traffic problems, and reckless and illegal conduct transpiring in the City due to the operation of these motorized "toys." B. Rational Basis Test for Enactment of Regulation of Business Activity As specifically provided ins. 2(b), Art. VIII of the State Constitution and Fla. Stat. 166.021(1), the City has the governmental authority to exercise any power for municipal purposes, except when expressly prohibited by law. The proposed Ordinance is not expressly prohibited by Supplemental Commission Memorandum -Prohibiting the Delivery of Certain Motorized Vehicles in the City for Rental or Lease July 28, 2021 Page 3 law and, therefore, any inquiry must surround whether the Ordinance (if adopted) is rationally related to a "municipal purpose." This analysis applies the rational basis test, which is the most deferential test of an ordinance's lawfulness. As the Florida Third District Court of Appeal has held, "a law regulating business or economic matters, which does not create a suspect class or infringe upon a fundamental right...must be upheld if it bears a rational basis to a legitimate government purpose." Silvio Membreno v. City of Hialeah, 188 So. 3d 13,19 (3rd DCA 2016). So long as there is "any reasonable relationship between the act and the furtherance of a valid governmental objective,"the government action must be upheld. Id. at 25 (quoting Haire v. Fla. Dep't. of Agriculture, 870 So. 2d 774 at 781). "As such, it is the burden of the party challenging the law to prove that there is no conceivable factual predicate which would rationally support the law." Id. (quoting Fla. High Sch. Activities Ass'n, Inc. v. Thomas, 434 So.2d 306 at 308 (Fla.1983)). In adopting the Ordinance, the City Commission would be making certain legislative factual findings as set forth in the recitals of the Ordinance. Such facts would identify that the joyriding of these vehicles has resulted in numerous violations of State and local laws, and continues to generate a great deal of complaints of dangerous and reckless conduct by their operators, and that some portion of these motorized "toys" are being delivered in the City for the express purpose of being rented or leased, which exacerbates the dangerous and reckless conduct. The City Commission may rely on this factual predicate to establish the City's legitimate governmental purpose in adopting the Ordinance, and its rational relationship in furtherance of such purpose. Therefore, the City undoubtedly has a legitimate governmental interest in ensuring the health, safety and welfare of its residents and visitors alike, and is well within its legal authority to regulate activities which facilitate nuisance behavior and contribute to a diminution of quality of life for its residents. RAP/AB/MAF/bhs Ordinances -R5 C MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Rafael A. Paz,Acting City Attorney DATE: July 28, 2021 10:15 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 70-66 THEREOF, ENTITLED "DEFINITIONS," BY ESTABLISHING AND MODIFYING CERTAIN DEFINITIONS SET FORTH THEREIN;AND BY CREATING SECTION 70-72, ENTITLED "PROHIBITION ON DELIVERING SPECIFIED MOTORIZED VEHICLES FOR RENTAL OR LEASE," WHICH SHALL SERVE TO PROHIBIT PERSONS AND BUSINESS ENTITIES FROM DELIVERING CERTAIN MOTORIZED VEHICLES, FOR • RENTAL OR LEASE, IN THE CITY; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE. ANALYSIS See attached Commission Memorandum. 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 Page 867 of 2012 Sponsor Commissioner David Richardson ATTACHMENTS: Description ❑ Commission Memorandum ❑ Ordinance Page 868 of 2012 City of Miami Beach, 1700 Convention Center Drive,Miami Beach, FL 33139 www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Dan Gelber Second Reading/Public Hearing Members of the City Commission Aline T. Hudak, City Manager FROM: Rafael A. Paz, Acting City Attorney r"-V-D--- DATE: July 28, 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 70-66 THEREOF, ENTITLED "DEFINITIONS," BY ESTABLISHING AND MODIFYING CERTAIN DEFINITIONS SET FORTH THEREIN; AND BY CREATING SECTION 70-72, ENTITLED "PROHIBITION ON DELIVERING SPECIFIED MOTORIZED VEHICLES FOR RENTAL OR LEASE," WHICH SHALL SERVE TO PROHIBIT PERSONS AND BUSINESS ENTITIES FROM DELIVERING CERTAIN MOTORIZED VEHICLES, FOR RENTAL OR LEASE, IN THE CITY; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE. The proposed Ordinance (the "Ordinance"), which is sponsored by Commissioner David Richardson, is submitted for second reading/public hearing at the July 28, 2021 meeting of the City Commission. In order to address the dangerous conduct, nuisance behavior and increased presence of certain rented or leased vehicles within the City, the Mayor and City Commission have enacted numerous ordinances over the last several years which regulate the rental, lease and/or operation of various motorized vehicles including, but not limited to, mopeds, motorcycles powered by motors with a displacement of 50 cubic centimeters or less, motorized bicycles, autocycles and motorized scooters. However, despite the extensive efforts of the Mayor and City Commission, the increased presence of these motorized "toys"continues to result in many violations of State and local laws, traffic problems, and generates a great deal of complaints of dangerous, reckless and nuisance conduct and behavior (which includes, but is not limited to, speeding, blaring music, flashing Page 869 of 2012 Commission Memorandum - Prohibiting the Delivery of Certain Motorized Vehicles in the City for Rental or Lease July 28, 2021 Page 2 lights, peeling out, weaving in and out of traffic, etc.). Furthermore, the City Administration has determined that some of these motorized "toys" are being delivered directly to customers at various locations in the City, such as hotels, public parking lots, streets or other locations, either from establishments located outside of the City, or from establishments located within the City. If adopted, this Ordinance would prohibit any person or business bringing or delivering any autocycle, golf cart, low-speed vehicle, moped, motorcycle or motorized scooter to any location within the City for the purpose of renting one of these vehicles to the general public. • Moreover, by prohibiting the delivery of these "toys," and thereby eliminating the convenience factor of those customers desiring to have the vehicles brought to them at their residence, hotel, on the street or any other location within the City, such prohibition on deliveries would advance the City's objective in reducing the proliferation of"toys" and the associated nuisance conduct which the use of these"toys" for joyriding creates in the City. The proposed Ordinance was approved on first reading at the June 23, 2021 City Commission meeting. The only change from first reading is a clarification: to ensure that the prohibition on delivering these vehicles to any location in the City, for the purpose of renting (or offering to rent) such motorized vehicle(s), applies equally to all deliveries of the "toys," without regard for whether the delivery is made from an establishment outside the City or within the City. At first reading, Commissioner Gongora and Vice Mayor Arriola raised questions about whether the proposed Ordinance would withstand a legal challenge with the questions primarily centered around the Commerce Clause(Art. I, §8 of the United States Constitution) and the City's legal authority to enact such an Ordinance regulating business activity. The City Attorney's memorandum addressing these issues will be released as part of the supplemental agenda. RAP/AB/MAF/bhs Page 870 of 2012