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2012-28041 Reso RESOLUTION NO.I 2012 -28041 { l A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING ADMINISTRATIVE RULES FOR CHAPTER 70, ENTITLED "MISCELLANEOUS OFFENSES ", ARTICLE II, ENTITLED "PUBLIC PLACES," DIVISION II, ENTITLED "BICYCLING, SKATEBOARDING, ROLLER SKATING, IN -LINE SKATING, AND MOTORIZED MEANS TRANSPORTATION," OF THE MIAMI BEACH CITY CODE, AS PROVIDED FOR IN SECTIONS 70 -69 AND 70 -70 OF THE CITY CODE. WHEREAS, on October 24, 2012, the Mayor and the City Commission of the City Code of Miami Beach adopted Ordinance No. 2012 -3780 amending Chapter 70, Article 2, Division II of the City Code regarding the regulation of bicycling, skate boarding, roller skating, in -line skating, and motorized means of transportation, and among other things, providing for the establishment of Administrative Rules regarding a) the responsibilities of persons and business entities providing rentals leases and /or tours of electric personal mobility devices and b) the responsibilities of persons operating electric personal mobility devices; and" WHEREAS, the following Administrative Rules, as provided for in Sections 70 -69 and 70 -70 of the City Code, set forth regulations for the use and operation of electric personal assistive mobility devices and are established .in the interest of safety within the City of Miami Beach: I. Responsibilities of Persons and Business Entities Providing Rentals, Leases, and /or Tours of Electric Personal Assistive Mobility Devices a) The insurance required pursuant to Section 70 -7(b) of the City Code shall be obtained from an insurance company that is Best rated of B+ VI, or better, and shall include medical payment coverage no less than $25,000 for any injured persons and a minimum of $1,000,000.00 in liability insurance coverage that includes any and all renters /lessees as named or additional insureds. b) The name and telephone numbers of the person or business entity that rents /leases and /or provides tours for electric personal assistive mobility devices, as well as a device ID number, shall be affixed on the personal assistive mobility device with lettering and numbers at least 4" in height. c) Prior to renting or leasing an electric personal assistive mobility device, the user of the device must be trained as to the safe operation of the device, d) Accidents regarding electric personal assistive mobility devices shall be promptly reported to the Miami Beach Police Department and Miami Beach Fire Rescue. e) The City Code and these Administrative Rules shall be posted in a conspicuous place of any business entity renting /leasing and /or providing tours for electric personal assistive mobility devices. f) Electric assistive personal mobility devices shall not be leased, rented, or used for tours after sunset or before sunrise or during inclement weather. g) Electric personal assistive mobility devices shall not be put into service for use by the public when it is suspected that the device is unsafe. h) Electric personal mobility devices shall not be leased or rented to a person who is believed to be incompetent to operate the device or who might be recklessly indifferent to the safety of others. i) Electric personal assistive mobility devices shall not be rented or leased to, or used for tours by, any person under the age of 16 or under 100 pounds in weight. II. Responsibilities of Operators of Electric Personal Assistive Mobility Devices a) If an operator has an accident with a pedestrian or other person, the operator must immediately report the accident to the Miami Beach Police Department and Miami Beach Fire Rescue. In addition, the operator must i) remain on the scene until a police officer arrives, ii) identify himself /herself to the victim and to the police officer, and iii) provide to the victim and the police officer the name of the person or business that leased or rented the device. b) .Operators of personal assistive mobility devices shall not operate the device in a reckless manner, nor shall the operator obstruct or endanger pedestrian or vehicular traffic. c) Electric personal assistive mobility devices shall not be operated after sunset or before sunrise or during inclement weather. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the foregoing Administrative Rules regarding the rental, lease, tours, and operation of electric personal assistive mobility devices are hereby approved and adopted. PASSED AND ADOPTED this day of October, 2012. ATTEST: � ` - -_ - - ............. Jorge R. Exposito l ��,Vice -Mayor RafaA Granado INCORP ORATED;" APPROVED AS TO City Clerk . FOW-0 & LANGUAGE � • ...o, & FOR EXECUTION FAATTO \TURN \RESOS \Segway Administration Rules Cit orn *1e MIAM IBEACH OFFICE OF THE CITY ATTORNEY JOSE SMITH, CITY ATTORNEY COMMISSION MEMORANDUM TO: MAYOR MATTI HERRERA BOWER, MEMBERS OF THE CITY COMMISSION KATHIE BROOKS, INTERIM CITY MANAGER FROM: JOSE SMIT CITY ATT EY DATE: OCTOBER 24, 2 2 SUBJECT: RESOLUTION ADOPTING ADMINISTRATIVE RULES FOR CHAPTER 70, ARTICLE II, DIVISION II, OF THE MIAMI BEACH CITY CODE ENTITLED "BICYCLING, SKATEBOARDING, ROLLER SKATING, IN -LINE SKATING, AND MOTORIZED MEANS OF TRANSPORTATION AS PROVIDED FOR IN SECTION 70 -69 AND 70 -70 OF THE CITY CODE. The attached Resolution sets forth Administrative Rules that address electric personal assistive mobility devices. Administrative Rules are provided for in Sections 70 -69 and 70 -70 of the City Code, which sections were amended pursuant an Ordinance passed and adopted at the October 24, 2012 City Commission meeting. The attached Resolution is submitted for consideration by the Mayor and City Commission as a companion agenda item to the Ordinance amending Chapter 70 of the City Code. The Administrative Rules provide regulations, in addition to those set forth in the City Code, for the safe operation of electric personal assistive mobility devices within the City and set forth various responsibilities for a) persons and business entities providing rentals, leases, and /or tours of electric personal assistive mobility devices and b) operators of electric personal assistive mobility devices. F:\ATTO\TURN\COMMMEMO\Segway.doc Agenda Item Date 10 -a��� ► Z i