2012-3780 Ordinance ORDINANCE NO., 2012-3780
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE
MIAMI BEACH CITY CODE ENTITLED "MISCELLANEOUS
OFFENSES," BY AMENDING ARTICLE II, ENTITLED "PUBLIC
PLACES"; BY AMENDING DIVISION II, ENTITLED "BICYCLING,
SKATEBOARDING, ROLLER SKATING, IN-LINE SKATING, AND
MOTORIZED MEANS OF TRANSPORTATION," BY . AMENDING
SECTION 70-66, ENTITLED "DEFINITIONS," BY ADDING A
DEFINITION FOR BICYCLE PATH; AND BY AMENDING SECTION 70-
67, ENTITLED "PROHIBITED ACTIVITIES," BY AMENDING THE
PROHIBITIONS REGARDING MOTORIZED MEANS OF
TRANSPORTATION, INCLUDING ELECTRIC PERSONAL ASSISTIVE
MOBILITY DEVICES (ALSO KNOWN AS SEGWAYS), BY
REWORDING THE PROVISIONS THEREIN AND CONFORMING THE
LANGUAGE TO STATE LAW; BY RESTRICTING THE SPEED OF
ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES TO EIGHT (8)
MPH ON ALL CITY SIDEWALKS, SIDEWALK AREAS, AND BICYCLE
PATHS; AND BY PROHIBITING THE OPERATION OF ELECTRIC
PERSONAL ASSISTIVE MOBILITY DEVICES ON INTERIOR
PATHWAYS WITHIN SOUTH POINTE PARK AND COLLINS PARK; BY
AMENDING SECTION 70-68, ENTITLED "EXEMPTIONS," BY
EXEMPTING THE USE OF ELECTRIC PERSONAL ASSISTIVE
MOBILITY DEVICES BY CITY POLICE AND CITY CONTRACTED
SERVICES FROM THE RESTRICTIONS OF DIVISION II; BY
AMENDING SECTION 70-69, ENTITLED "RESPONSIBILITIES OF
BICYCLISTS AND SKATERS," BY ADDING RESPONSIBILITIES FOR
PERSONS OPERATING ELECTRIC PERSONAL ASSISTIVE
MOBILITY DEVICES; BY AMENDING- SECTION 70-70, ENTITLED
"PENALTIES," TO PROVIDE FOR RESPONSIBILITIES OF
BUSINESSES PROVIDING RENTALS AND/OR TOURS OF ELECTRIC
PERSONAL ASSISTIVE MOBILITY DEVICES; BY CREATING
SECTION 70-71, TO BE ENTITLED "PENALTIES" TO PROVIDE CIVIL
PENALTIES IN ADDITION TO EXISTING NON-CRIMINAL
INFRACTION PENALTIES FOR THE VIOLATION OF CERTAIN
PROVISIONS IN CHAPTER 70, ARTICLE 11, DIVISION II; PROVIDING
FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN
EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of Miami Beach seek to
encourage the safe use of bicycle paths in the City; and to facilitate and balance the health,
safety, and welfare interests of bicyclists, pedestrians, and others utilizing bicycle paths,
sidewalks, and sidewalk areas in the City; and
WHEREAS, the City of Miami Beach is an international tourist destination that attracts
visitors from around the world year round which thereby significantly increases the use and
congestion of the City's bike paths, sidewalks, and pedestrian ways; and
WHEREAS, Section 316.2068(5) of the Florida Statutes was amended, effective July 1,
2012, to provide that a "municipality may regulate the operation of electric personal assistive
devices on any road, street, sidewalk, or bicycle path under its jurisdiction if the governing body
of the...municipality determines that regulation is necessary in the interest of safety"; and
WHEREAS, municipalities are further authorized to control and regulate segways
pursuant to Section 316.008(7) of the Florida Statutes, which provides that a municipality may
restrict the operation of electric personal assistance mobility devices to a maximum speed of 15
miles per hour on sidewalks or sidewalk areas when such use is permissible under federal law
(i.e., when such devices are not operated on sidewalks adjacent to Federal-aid System
Highways, in which case the Federal Highway Administration must issue a permit for motorized
uses other than wheelchairs and electric bicycles); and
WHEREAS, the City's bicycle paths on the Beachwalk, Baywalk, Cutwalk, and the City's
coastal pathways are within the Atlantic Greenway Network; and
WHEREAS, due to the safety concerns and injuries already experienced on the City's
heavily traveled bicycle paths and sidewalks, the Mayor and City Commission hereby determine
that it is in the interest of public safety that electric personal assistive mobility devices be
regulated as set forth herein and, where otherwise not prohibited, limited to a maximum speed
of eight (8) mph on all City sidewalks, sidewalk areas, and bicycle paths; and
WHEREAS, due to the congestion of interior pedestrian pathways within Collins Park
and South Pointe Park, and physical damage to the public art work in Collins Park caused by
persons on electric personal assistive mobility devices, the Mayor and City Commission
determine that, in the interest of safety, such devices should not be permitted in these areas.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1.
That Division II, entitled "Bicycling, Skateboarding, Roller Skating, In-Line Skating, and
Motorized Means of Transportation," of Article II, entitled "Public Places," of Chapter 70, entitled
"Miscellaneous Offenses," of the Miami Beach City Code is hereby amended as set forth below.
Other sections in Division II are also provided for reference purposes.
CHAPTER 70
MISCELLANEOUS OFFENSES
ARTICLE II. Public Places
DIVISION II. Bicycling, Skateboarding, Roller Skating, In-Line Skating,
and Motorized Means of Transportation
Sec. 70-66. Definitions.
The following definitions are applicable to this division:
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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.
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.
Launching means using any angled or elevated surface which the skater, skateboarder,
or cyclist can jump from in order to get airborne.
Rail sliding means [a process] 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. 70-67. Prohibited activities.
(a) It shall be unlawful for any person to engage in skateboarding, or operating any
motorized means of transportation, except for wheelchairs or such other motorized
devices when used by disabled persons, in, on, or upon any portion of Lincoln Road Mall
lying west of the westerly line of Washington Avenue to the easterly line of Alton Road at
any time.
(b) It shall be unlawful for any person to engage in bicycling, roller skating, in-line skating,
skateboarding, or operating any motorized means of transportation, in, on, or upon any
portion of the sidewalk on the west side of Ocean Drive between South Pointe Drive and
15th Street at any time, eXGep fneelnhairc nr etheF meeteri ed devices When, used h„
DFaye between BiSGaYRe St Feet and 15th Strout at any time.
(c) It shall be unlawful to operate any motorized means of transportation in, on, or upon any
sidewalk or sidewalk areas in the city, except for (a) wheelchairs or other motorized
means of transportation deViGe6 when used by disabled persons; and (b) electric
personal assistive mobility devices, where otherwise not prohibited, which shall be
restricted to a maximum speed of s4"64 eight (8) miles per hour, "R, OR,
It shall be unlawful to operate an electric personal assistive mobility device on any
bicycle path in the City, where otherwise not prohibited, at a speed greater than
eight (8) miles per hour.
(4)(e) It shall be unlawful to grind, rail slide, launch, or stall on the skateboard, in-line skates, or
roller skates or to engage in any other such type of activity which results in the damage
of public or private property.
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It shall be unlawful to operate an electric personal assistive mobility device on interior
pathways within South Pointe Park and Collins Park.
Sec. 70-68. Exemptions.
Police department bicycle, and in-line skate, and electric personal assistive device patrol
units, city service vehicles, city-contracted security and maintenance services, service vehicles
authorized by the city for use by city lessors, concessionaires, or other city contractors operating
pursuant to an agreement with the city, and the city-operated tram service shall be exempt from
the restrictions of this division.
Sec. 70-69. Responsibilities of bicyclistsLa skaters:, and persons operating electric
personal assistive mobility devices.
(a) It shall be unlawful for any person to engage in bicycling, skateboarding, in-line skating,
eF roller skating, or operating electric personal assistive mobility devices in the following
areas, except for electric personal assistive mobility devices when used by disabled
persons in the areas set forth in (a)(1):
1. On the grounds of any public facility including, but not limited to, city hall,
municipal parking garages, city police and fire stations, city public works yards,
and historically designated properties.
2. On any public walls, ramps, fountains, or other fixtures or structures.
(b) Bicycles shall not be chained or otherwise secured to any tree, fixture, or object which is
not a bicycle rack on any portion of Lincoln Road or Ocean Drive.
(c) Whenever any person is riding a bicycle, skateboarding, in-line skating, er roller skating,
or operating an electric personal assistive mobility device, such person shall engage in
such activity at a GGRtFGIIed safe speed which does not endanger the safety of
pedestrians or others, shall yield the right-of-way to any pedestrian, and shall give an
audible signal before overtaking and passing such pedestrian.
Whenever a person is operating an electric personal assistive mobility device, such
person shall comply with all applicable federal, state, and county; an -soy regulations,
administration rules, and laws.
(e) Whenever a person is operating an electric personal assistive mobility device, such
person shall comply with all applicable administrative rules established by the city.
Sec. 70-70. Penalt Responsibilities of persons and businesses entities providing
rentals, leases, and/or tours of electric personal assistive mobility devices.
defiRed iR F.S. §318.13(3) and shall be s6bjeGt to the peRalties set feFth F.S. §316.6555.
Any person or business entity that rents, leases, and/or provides tours for electric personal
assistive mobility devices shall:
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(a) Obtain a business tax receipt from the city pursuant to Chapter 102 of the City
Code;
Provide a minimum of $1,000,000.00 in liability insurance coverage that includes
the City of Miami Beach as a named or additional insured;
(c) Provide a certificate from an authorized electric personal assistive mobility device
dealer verifying that each device made available for rent, lease, or tour has been
set to a maximum speed of six464 eight (8) mph;
Obtain a release of liability and hold harmless agreement, acceptable to the City
Attorney, releasing and holding the City of Miami Beach harmless from liability
signed by all renters of electric personal assistive mobility devices which release
and hold harmless agreement shall be made available for inspection by the city
at any time during business hours; and
(e) Provide all renters of electric personal assistive mobility devices with a copy of all
applicable federal, state, and city laws, codes, and regulations, and
administrative rules, the receipt of which shall be acknowledged in writing by the
renter.
Comply with all administrative rules that may be established by the city regarding
rentals, leases, er tours, and the safe operation of electric personal assistive
mobility devices.
Sec. 70-71. Penalties.
(a) A violation of the provisions in Sections 70-67 and 70-69 (a)-(c) shall be deemed a non-
criminal infraction as defined in F.S. § 318.13(3) and shall be subiect to the penalties set
forth in F.S. § 316.655.
A violation of the provisions in Sections 70-69(d)-(e) and 70-70 shall be enforced in
accordance with the following procedures and penalties:
1. If a code compliance officer finds a violation Of this nhaptef 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 20 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 .$100.00;
(ii) Second offense .$250.00;
(iii) Third offense .$500.00;
(iv) Fourth and subsequent offenses................$1,000.00; or
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b. Request an administrative hearing within 20 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.
C. If the offense is a fourth or subsequent offense, it shall also be considered
an habitual offender offense and, in addition to the penalty set forth in
subsection 70-71(b)(2)(a)(iv), the City Manager may issue an
administrative complaint for the suspension or revocation of a business
tax receipt and certificate of use as provided in sections 102-383 through
102-385.
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 decision of the code compliance
officer within the prescribed time period shall constitute a waiver of the violators
right to administrative hearing before the special master. A waiver of the right to
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 20 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. 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. After two months from the filing of any such lien which remains unpaid,
the city may foreclose or otherwise execute upon the lien.
(c) The procedures for appeal of the notice of violation by administrative hearing shall be as
set forth in sections 442-394 30-72 and 442-395 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 any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
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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 the 3rd day of Nov, ember .2012
PASSED and ADOPTED this 24th day of October , 2012.
ATTEST:
K
��•'' ':�.qg Exposito
or
R AEL E. GRA CITY TY E •• GGRP ORA TE D
Underline denotes additions and n deletions
APPROVED AS TO
FORM &LANGUAGE
WFOR UTION
1ji late 15 a
FA ATTO\TURN\ORDINANC\Electric Personal Assistive Devices-Segway Speed-Paths&Sidewalks 2012.docx
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• 1
Atlantic Greenway Network: Coastal Pathways
87TH ST
Description:NORTH SHORE OPEN SPACE PROMENADE
N «TM« «,.« Location:From 79th ST To 87th ST
Status:Built
W �W* E �. «.. Distance:3,294 Feet
S n dt`
IM 3T
Legend « n Description:NORTH BEACH RECREATIONAL CORRIDOR
+_+••• Location:From 64th ST To 79th ST
Coastal Pathway Type ` `° status:Built
.TYPE Distance:6,345 Feet
—Baywalk
� 1
==Boardwalks
--- Promenade .. k
V.V �
STATUS
Built • «
,�•a" 64TH ST
Design �� a
1®Planned Description:MIDDLE BEACH RECREATIONAL
CORRIDOR PHASE II
••*°° Location:From 47th ST To 84th ST
Beachfront Parcels ..,p° ( Status:Planned
S ) ' Distance:9,218 Feet
Parks
Beach
Description:MIDDLE BEACH RECREATIONAL
s' CORRIDOR PHASE I(EDEN ROC)
Location:From 46th ST To 47th ST
Status:Design
Distance:950 Feet
)i r
47TH ST
ii
(/ F P 45TH ST
3 i
� t
TM Description:WOODEN BOARDWALK Descnpton:MIDDLE BEACH
' d Location:From 23rd ST To 46th ST RECREATIONAL
«.•�.,, CORRIDOR PHASE III
Stairs:Built Location:From 23rd ST To 46th ST
Distance:8,514 Feet Status:Planned
Distance.8,514 Feet
5 3' Description:BEACHWALK NORTH EXTENSION
Location:From 21th ST To 23rd ST
Status:Built
Distance:897 Feet
23RD ST
�� •� , ✓ - 21STST
Description:BEACHWALK I
Location:From 14th ST To 21 th ST
Status:Built
Distance:3,921 Feet
14TH 5T
t
\\Description:BAYWALK •>..R °�^ �'
•�`` o Location:From 5th ST To Lincoln R
4"0y Status:Planned 7
.4 \istance:6,101 FeetR �, Description:LUMMUS PARK PROMENADE
Location:From 5th ST To 14th ST
J ;i 8 Stags:Built
Distance:4,938 Feet
6TH ST
�tt a°n
_ Description:BEACHWALK II
Location:From S Pointe DR to 5th ST
State:Design
v Distance:2,456 Feet
5 �
Descr ption:BAYWALK °"`°" ?OINTE DR " _-GIs
i-
Location:From South Point Park To 5th ST Description:BEACHWALK(CONTINUUM)
Status:Built
Distance:5,664 Feet Location::From South Point to S Pointe Dr Alilm
Status:Built
Distance:1,529 Feet
Appendix "A" Date:02128/2012
COMMISSION Il-EM SUMMARY
Condensed Title:
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida,Amending Chapter 70
Of The Miami Beach City Code Entitled "Miscellaneous Offenses," By Amending Article II, Entitled "Public
Places"; By Amending Division II, Entitled "Bicycling, Skateboarding, Roller Skating, In-Line Skating, And
Motorized Means Of Transportation,"By Amending Section 70-66, Entitled"Definitions,"By Adding A Definition
For Bicycle Path; And By Amending Section 70-67, Entitled "Prohibited Activities," By Amending The
Prohibitions Regarding Motorized Means Of Transportation, Including Electric Personal Assistive Mobility
Devices(Also Known As Segways), By Rewording The Provisions Therein And Conforming The Language To
State Law; By Restricting The Speed Of Electric Personal Assistive Mobility Devices To Eight(8)MPH On All
City Sidewalks, Sidewalk Areas, And Bicycle Paths; And By Prohibiting The Operation Of Electric Personal
Assistive Mobility Devices On Interior Pathways Within South Pointe Park And Collins Park; By Amending
Section 70-68,Entitled"Exemptions,"By Exempting The Use Of Electric Personal Assistive Mobility Devices By
City Police And City Contracted Services From The Restrictions Of Division II; By Amending Section 70-69,
Entitled"Responsibilities Of Bicyclists And Skaters,"By Adding Responsibilities For Persons Operating Electric
Personal Assistive Mobility Devices; By Amending Section 70-70, Entitled "Penalties," To Provide For
Responsibilities Of Businesses Providing Rentals And/Or Tours Of Electric Personal Assistive Mobility Devices;
By Creating Section 70-71,To Be Entitled"Penalties"To Provide Civil Penalties In Addition To Existing Non-
Criminal Infraction Penalties For The Violation Of Certain Provisions In Chapter 70, Article II, Division II;
Providing For Repealer; Severabilit ; Codification;And An Effective Date.
Key Intended Outcome Supported:
F-Supporting Data (Surveys, Environmental Scan, etc. : Not Applicable
Issue:
Shall the Mayor and City Commission approve the Ordinance?
Item Summa /Recommendation:
In the interest of safety and in response to recurring complaints from residents, as well as observations
regarding the use of Segways on the City's beachwalks, baywalks, cutwalks, sidewalks, and interior park
pathways, the Administration recommends that the City Commission adopt an Ordinance regulating the
maximum speed of rental Segways operating in the City to 8 MPH. It should be noted that at First Reading of
this Ordinance on May 9,2012,the City Commission approved restricting the maximum speed of Segways to 6
MPH; however, as a result of several meetings with Segway tour and rental companies, stakeholders,
discussion at the July 30,2012 NCAC meeting,and the feedback from Segway, Inc. on this particular matter,
the Administration recommends that the maximum speed of Segways be set at 8 MPH.
The new proposed ordinance seeks to establish new regulations on Segways and businesses providing rental
and tours of Segways.The new requirements include the following: 1)Requirement that Sq?9ways available for
rental in the City be set at a maximum speed of 8 MPH. 2)Establishing a minimum age limit of 16 years and
minimum weight limit of 100 pounds to operate a Segway.3)Prohibition of the use of Segways in interior paths
at South Pointe Park and Collins Park. 4)New responsibilities and insurance requirements for businesses
providing Segway rentals and tours and for users as stipulated in the Administrative Rules set forth by City
Resolution.
It is recommended that the new Segway regulations be enforced through the City's Code Compliance
Department and the Police Department. Provided the new regulations are adopted, staff will provide all
licensed businesses currently providing Segway rentals and tours with copies of such regulations.
Once the above new regulations have been adopted by way of an Ordinance, the City Administration will
evaluate if regulating the maximum speed of Segways on sidewalks and pedestrian pathways is an effective
safety measure,or if further Commission action is necessary,including imposing additional regulations on the
use of Segways(restricting the use of Segways on certain pathways,etc.),during peak periods of pedestrian
activity. City staff is engaging in an analysis of pedestrian use of the Beachwalk, Baywalk, and Cutwalk to
more accurately assess peak pedestrian activity and evaluate whether further regulations are warranted.
THE ADMINISTRATION RECOMMENDS THAT THE ORDINANCE BE APPROVED ON SECOND READING.
Advisory Board Recommendation:
At the May 9, 2012 Commission meeting, the City Commission approved the Ordinance on First Reading as
amended. At the July 30, 2012 NCAC meeting,the Committee made several recommendations that required
further evaluation by staff.At the September 12,2012 Commission meeting,the Administration requested that
this item be opened and continued to October to allow City staff time to research the additional comments and
concerns raised at the July 301h NCAC meeting.
Financial Information:
Source of Amount Account
Funds: 1
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Jose R. Gonzalez X6768
Department Director Assistant City Manager
City Manigir
FHB -fir JGG KGB
77GENDA\2012\9-12-12\Segway Speed.SUMMARY.doc
® M 1 A M 1 B E AC H DATE A
A6EN�A ITEIIA
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NAIAMI BEACH
City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Kathie G. Brooks, Interim City Manager SECOND READING
. VA PUBLIC HEARING
DATE: October 24, 2012
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE MIAMI BEACH CITY CODE
ENTITLED"MISCELLANEOUS OFFENSES,"BY AMENDING ARTICLE II,ENTITLED
"PUBLIC PLACES"; BY AMENDING DIVISION II, ENTITLED "BICYCLING,
SKATEBOARDING, ROLLER SKATING, IN-LINE SKATING, AND MOTORIZED
MEANS OF TRANSPORTATION," BY AMENDING SECTION 70-66, ENTITLED
"DEFINITIONS," BY ADDING A DEFINITION FOR BICYCLE PATH; AND BY
AMENDING SECTION 70-67,ENTITLED"PROHIBITED ACTIVITIES,"BY AMENDING
THE PROHIBITIONS REGARDING MOTORIZED MEANS OF TRANSPORTATION,
INCLUDING ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES (ALSO
KNOWN AS SEGWAYS), BY REWORDING THE PROVISIONS THEREIN AND
CONFORMING THE LANGUAGE TO STATE LAW; BY RESTRICTING THE SPEED
OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES TO EIGHT(8)MPH ON
ALL CITY SIDEWALKS, SIDEWALK AREAS, AND BICYCLE PATHS; AND BY
PROHIBITING THE OPERATION OF ELECTRIC PERSONAL ASSISTIVE MOBILITY
DEVICES ON INTERIOR PATHWAYS WITHIN SOUTH POINTE PARK AND COLLINS
PARK; BY AMENDING SECTION 70-68, ENTITLED "EXEMPTIONS," BY
EXEMPTING THE USE OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES
BY CITY POLICE AND CITY CONTRACTED SERVICES FROM THE RESTRICTIONS
OF DIVISION II; BY AMENDING SECTION 70-69,ENTITLED"RESPONSIBILITIES OF
BICYCLISTS AND SKATERS," BY ADDING RESPONSIBILITIES FOR PERSONS
OPERATING ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES; BY
AMENDING SECTION 70-70, ENTITLED "PENALTIES," TO PROVIDE FOR
RESPONSIBILITIES OF BUSINESSES PROVIDING RENTALS AND/OR TOURS OF
ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES; BY CREATING SECTION
70-71, TO BE ENTITLED "PENALTIES" TO PROVIDE CIVIL PENALTIES IN
ADDITION TO EXISTING NON-CRIMINAL INFRACTION PENALTIES FOR THE
VIOLATION OF CERTAIN PROVISIONS IN CHAPTER 70, ARTICLE II, DIVISION II;
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that this item be approved on Second Reading.
Commission Memorandum Ordinance Regulating Speed of Segways
October 24, 2012
Page 2 of 9
PRIOR COMMITTEE AND COMMISSION ACTIONS
At the January 19, 2012 joint meeting of the Neighborhood/Community Affairs Committee(NCAC)
and Finance and Citywide Projects Committee (FCWPC), during the discussion on actions
recommended to address issues that occur during major event periods (such as Memorial Day
Weekend), a recommendation was made to regulate the speed of Segways available for rental in
the City to a low setting. The Committee directed staff to proceed with any necessary legislation.
This item was subsequently discussed at the meeting of the NCAC held on March 27, 2012. The
Committee(Commissioners Libbin and Wolfson present) moved to have an Ordinance drafted and
presented to the full City Commission requiring that Segways available for rental in the City be set at
a maximum speed of 6 MPH and prohibition of the use of Segways in interior paths at South Pointe
Park and Collins Park.
Further, the Transportation and Parking Committee met on April 2, 2012 and passed a motion
concurring with the City in regulating Segway speed limits to a maximum of 6 MPH.
At the May 9, 2012 Commission meeting, the City Commission approved the Ordinance on First
Reading as amended. On June 1, 2012, City staff met with representatives of Segway rental and
tour companies to discuss their general concerns with the proposed Ordinance.
At the June 6, 2012 Commission meeting, the Administration requested that this item be opened
and continued to September and the item was referred to NCAC in July in order to allow City staff
and Segway business owners and other stakeholders the opportunity to address their outstanding
concerns.
A subsequent meeting with Segway rental and tour companies was held on June 19,2012 to further
discuss specific points of concern from the industry regarding the City's proposed Ordinance. In
summary, Segway rental and/or tour companies present at the meetings objected to the City's
proposed restrictions of Segway use on the Beachwalk, Cutwalk, and Baywalk and regulating
speeds to a maximum of 6 MPH. Further, Segway rental and/or tour companies believed that any
proposed restrictions should also apply to other modes of motorized/electric transportation,such as
trikes, electric bikes, and electric scooters, which are currently using sidewalks and pedestrian
pathways and can have top speeds in excess of 20 MPH. At this time, there are at least two
businesses in the City that rent trikes and electric bikes in addition to renting Segways.
At the July 30, 2012 NCAC meeting, the Committee made several recommendations that required
further evaluation by staff. These recommendations are further described in the section below.
At the September 12, 2012 Commission meeting, this item was opened and continued to the
October Commission meeting.
CURRENT STATUS
At the July 30, 2012 NCAC meeting, with Commissioners Tobin, Libbin and Exposito, present, as
well as several residents and representatives from Segway rental and/or tour companies,additional
comments and concerns regarding the City's proposed Ordinance were raised and discussed. The
Committee directed the Administration to bring this to the City Commission having considered the
comments raised. As such, City staff has conducted further research and analysis to address each
of the comments. Below is a listing of all points raised at the July 30th NCAC meeting and the City
Commission Memorandum—Ordinance Regulating Speed of Segways
October 24, 2012
Page 3 of 9
Administration recommendation for each. We have classified comments as "Responsibilities of
Business Entities" and "Responsibilities of Users."
RESPONSIBILITIES OF BUSINESS ENTITIES
1) Comment: A speed limit of 8 MPH as long as the documentation from the manufacturer
substantiates the claim that the motors will burn out at 6mph.
City Response: City staff has contacted Segway Inc. in regards to this particular issue and
requested the manufacturer provide a recommendation in this regard. Please
see attached response from Mr. Nicola Dallatana, Vice President of Global
Regulatory Affairs, Segway, Inc. The manufacturer has advised that while a
maximum speed limit setting will not cause harm to a machine, a speed limit
of 9 MPH is recommended in open environments. Further, every Segway
machine is equipped with a Speed Limiter which is automatically triggered 2
MPH before the programmed top speed is encountered. In other words, a
Segway that is set to a maximum speed limit of 8 MPH,for example,will begin
applying negative torque and pitching rearward (pushing the handlebar back
towards the user) at a speed of 6 MPH, thereby alerting the user that he/she
is approaching the maximum speed limit on the machine.
2) Comment: Administration to look at the insurance requirements to ensure the company is
Best rated of B+VI, or better, to ensure coverage, and that there is a medical
payment coverage of no less than$25,000 in the event that someone is hurt.
City Response: This provision is included in the proposed Administrative rules set forth in City
Resolution.
3) Comment: Visible identification on each Segway listing the name of the company.
City Response: This provision is been included in the Administrative Rules set forth in City
Resolution.
4) Comment: Accident reporting requirements that are consistent with motor vehicles.
City Response: This provision is been included in the Administrative Rules set forth in City
Resolution.
5) Comment: Limiting use to certain areas.
City Response: This requirement is been included in the proposed Ordinance.
6) Comment: Prior to renting, the company is to sign an affidavit that states that the renter
has been trained and the company believes the driver is competent to be on
the street.
City Response: This provision is included in the Administrative Rules set forth in City
Resolution.
7) Comment: Review the penalties.
City Response: This requirement is included in the proposed Ordinance. The Administration
believes that the proposed fine amounts are appropriate and would
discourage violations based on `the cost of doing business' by Segway rental
and/or tour companies. On average, the cost of a 2-hour Segway rental is
$50,while the amount of the fine for a first offense is$100. Subsequent fines
Commission Memorandum—Ordinance Regulating Speed of Segways
October 24, 2012
Page 4 of 9
are $250 for the second offense, $500 for the third offense, $1000 for the
fourth offense, and habitual offenders are subject to forfeiture of license.
8) Comment: Include other vehicles; not limit to Segways.
City Response: The City's interest is to protect the general public and ensure the safety of
all users of our transportation and recreational facilities. As such, this
particular Ordinance serves to enhance the safety of Segway operators and
users of our Beachwalk, Cutwalk, Baywalk, and sidewalk areas. Other
modes of motorized transportation on public rights-of-way are currently
regulated through Florida Statutes. Moreover, motorized means of
transportation are already prohibited in existing language in the City Code.
However, if so desired by the Commission, the Administration can address
other regulations for motorized transportation and present to City
Commission for approval at a future date.
9) Comment: Safety requirements should be posted on the window of the entities and the
renters should have to sign-off and be given a copy of the City's safety
requirements.
City Response: This provision is included in the Administrative Rules set forth in City
Resolution.
10) Comment: In large font, identify their company, telephone number and vehicle ID
number on their vehicles.
City Response: This provision is included in the Administrative Rules set forth in City
Resolution.
11) Comment: Not rent their vehicles for use after darkness falls.
City Response: This provision is included in the Administrative Rules set forth in City
Resolution.
12) Comment: Not permit the motorized means of transportation on the west side of Ocean
Drive from 5th to 15th Street.
City Response: This requirement is currently in the City Code.
13) Comment: Not knowingly put into service any vehicle which it suspects is unsafe, nor
shall it lease a vehicle to any person who it has reason to believe is
incompetent to operate the vehicle or who may be recklessly indifferent to
the safety of others.
City Response: This provision is included in the Administrative Rules set forth in City
Resolution.
14) Comment: Post operating regulations in plainly visible signs at their rental offices and
verify that their lessees understand them.
City Response: This provision is included in the Administrative Rules set forth in City
Resolution.
15) Comment: Require a minimum age restriction
City Response: The City has contacted Segway Inc.for guidance in this regard. Please refer
to the attached email from Nicola Dallatana, Vice President of Global
Regulatory Affairs,dated September 28,2012,where Segway recommends
Commission Memorandum—Ordinance Regulating Speed of Segways
October 24, 2012
Page 5 of 9
16 years old as minimum age for a Segway operator, and more importantly,
a minimum weight limit of 100 pounds. There are no height limits. This
requirement is included in the Administrative Rules set forth in City
Resolution.
RESPONSIBILITIES OF USERS
1) Comment: Require any Segway operator to stop and render assistance to any person
that the operator may have collided with,fully identify himself/herself, identify
rental agency and vehicle ID, and file a police report describing the accident
and the ID of the victim(s).
City Response: This requirement has been included in the Administrative Rules set forth in
City Resolution.
2) Comment: Require operators to use audible signals when approaching pedestrians from
the rear.
City Response: This requirement is currently included in State Statute(§316.2068(e))and in
the City Code.
3) Comment: Require operator to yield to pedestrians.
City Response: This requirement is currently included in State Statute(§316.2068(e))and in
the City Code.
4) Comment: Notify the police of any collisions between Segway operators and
pedestrians as soon as they become aware of them.
City Response: This provision is included in the Administrative Rules set forth in City
Resolution.
5) Comment: Prohibit operator from racing or stunt-driving.
City Response: This provision is included in the Administrative Rules set forth in City
Resolution.
BACKGROUND
In 2007, the City of Miami Beach (City) adopted the Atlantic Greenway Network (AGN)to create a
safer environment for pedestrians and bicyclists. The AGN proposed a comprehensive network of
pedestrian and bicycle facilities that provides direct access to important destinations within the City,
linking residential neighborhoods, commercial centers, and parks. The Beachwalk, Baywalk, and
Cutwalk corridors, as well as trails and pedestrian paths located within the interior of the City's
parks, are a major component of the AGN system and facilitate the use of alternative and
sustainable forms of transportation throughout the City.
The urban, dense environment of Miami Beach leads to a high percentage of users competing for
public space, including pedestrian pathways and sidewalks. Recently, this has also included the
use of Electric Personal Assistive Mobility Devices (also known as Segways) along the City's
Beachwalk, Baywalks, Cutwalks, Sidewalks, and interior park pathways. Recent complaints with
regard to Segway use in the City have ranged from the speed at which the users pass pedestrians,
often without any warning to the pedestrian; careless and reckless behavior by the users causing
congestion and fear of injury on heavily traveled pedestrian walkways; and collisions with
pedestrians causing serious personal injuries. There have been at least two accidents involving
Segways and pedestrians that resulted in injuries requiring emergency assistance. In addition,there
Commission Memorandum—Ordinance Regulating Speed of Segways
October 24, 2012
Page 6 of 9
has been damage to public art in Collins Park caused by Segways.
CURRENT REGULATIONS
Section 316.2068 of the Florida Statutes requires the following in subsection (1)(e): if a person is
operating the device on a sidewalk,the operator must yield the right-of-way to pedestrians and give
an audible signal before overtaking and passing a pedestrian; and in subsection (4):a person who
is under the age of 16 years may not operate, ride or otherwise be propelled on an electric personal
assistive mobility device unless the person wears a bicycle helmet that is properly fitted,.that is
fastened securely upon his or her head by a strap, and that meets the standards of the American
National Standards Institute (ANSI Bicycle Helmet Standards), or any other nationally recognized
standards for bicycle helmets which are adopted by the Consumer Product Safety Commission.
Recently, at the City's request, the Florida Legislature passed House Bill 599 which amended
§316.2068 of the Florida Statutes. The law became effective on July 1, 2012 and authorizes
municipalities to regulate the operation of electric personal assistive mobility devices on any road,
street, sidewalk, or bicycle path under its jurisdiction if the governing body of the municipality
determines that such regulation is necessary in the interest of safety. Sidewalks were added to the
list of areas where local governments may regulate, but not prohibit, the use of Segways.
In addition, municipalities are further authorized to control and regulate Segways pursuant to
§316.008(7) of the Florida Statutes. This Section provides that a municipality may restrict the
operation of electric personal assistive mobility devices,and other specified devices,on sidewalks or
sidewalk areas when such use is permissible under federal law (e.g., when Segways are not
operated on sidewalks adjacent to Federal-aid System Highways, in which case the Federal
Highway Administration must issue a permit for motorized uses other than wheelchairs and electric
bicycles). If speed is regulated by a municipal ordinance pursuant to this Section, the ordinance
must restrict the speed of the device to a maximum speed of 15 miles per hour(MPH)in such areas.
Pursuant to 23 U.S.C. §217,electric personal assistive mobility devices are generally prohibited on
any bicycle transportation and pedestrian walkway facility, including trails,funded under the Federal-
aid highway funding program categories. An exception to the above prohibition is if a mobility device
is used by persons with mobility related disabilities. A substantial portion of the City's existing
Beachwalk segments has been funded by the Transportation Enhancement Program (TEP), a
Federal Highway Administration (FHWA) discretionary grant program administered locally by the
Miami-Dade Metropolitan Planning Organization (MPO). As such, the City is in the process of
confirming with FHWA — Florida Division whether the above federal regulations apply to the
Beachwalks and other pedestrian ways in the AGN, as this would provide further regulation of the
types of devices permitted thereon.
ANALYSIS
The Administration recently contacted Segway, Inc.,the sole manufacturer of Segway products, to
inquire regarding the possibility of setting a maximum speed at which Segways can operate.
Typically, Segway speeds are pre-set from the factory in two (2) distinct user settings: a
"beginner/turtle"setting of 6 miles per hour(MPH)and an"advanced"setting of 12 MPH. The speed
is adjustable between 4 MPH and 12.5 MPH in increments of 0.5 MPH. The absolute maximum
speed at which Segways can operate is approximately 12.5 MPH. However, Segways can be set by
the factory or an authorized dealer to operate up to any pre-set maximum speed through the use of
the Infokey Programming Tool. This tool allows an authorized dealer or Segway representative to
lock in a top speed. An end user would then only be able to adjust the speed within the parameters
Commission Memorandum—Ordinance Regulating Speed of Segways
October 24, 2012
Page 7 of 9
set by the dealer/factory. For instance, if a dealer set the top speed of the Segway to 10 MPH, the
end user would be able to adjust the speed between 4 MPH and 10 MPH in increments of 0.5 MPH;
however, the user would not be able to exceed the maximum speed set by the dealer/factory. The
Infokey Programming Tool is currently only sold to authorized dealers and tour groups owned by
Segway Inc. Currently, there are two authorized dealers in South Florida and one Segway
Authorized Tour/Representative in Miami Beach which have access to the Infokey Programming
Tool necessary to adjust maximum speeds on Segways.
City staff has confirmed that, at this time,three(3) Business Tax Receipts(BTRs)have been issued
for the rental of Segways in the City; one additional BTR application is pending. The total number of
Segways currently available for rental by Businesses with active BTRs for Segway rentals and/or
tours is approximately 75. The City does not currently regulate the total number of actual Segways °
that the businesses may have available for rental. Some Segway rental companies provide tours of
the City, and these often involve six to seven individuals on Segways travelling in a tight group with a
guide.
RECOMMENDATION
In the interest of safety, and in response to recurring complaints from residents, as well as
observations regarding the use of Segways on the City's Beachwalks, Baywalks, Cutwalks,
sidewalks, and interior park pathways, the Administration recommends a two-prong approach to
addressing the issue of Segway speeds and use in the City. As a first step, and in the interest of
safety due to the proliferation of Segway users that endanger and disrupt pedestrian traffic on
sidewalks and other pedestrian pathways, the Administration recommends that the Miami Beach
City Commission adopt an Ordinance regulating the maximum speed of rental Segways operating in.
the City to eight(8) MPH. It should be noted that at First Reading of this Ordinance on May 9, 2012,
the City Commission approved restricting the maximum speed of Segways to 6 MPH; however,as a
result of several meetings with Segway rental and/or tour companies, stakeholders, discussion at
the July 30, 2012 NCAC meeting, and the feedback from Segway, Inc. on this particular matter,the
Administration recommends that the maximum speed of Segways be set at 8 MPH.
The proposed Ordinance would amend the City Code to require that each business providing
Segway rental and/or tours in the City provide documentation to the City certifying that each Segway
used for rental purposes has been pre-set to a maximum speed of 8 MPH. Further, businesses
providing Segway rental and/or tours would be required to comply with higher general liability
insurance requirements, among other responsibilities further described below and as stipulated in
the Administrative Rules set forth in City Resolution. In addition, in response to concerns with the
use of Segways in interior park pathways, the proposed Ordinance would prohibit the use of
Segways in interior pathways of South Pointe Park and Collins Park.
It is recommended that the new Segway regulations be enforced through the City's Code
Compliance Division and the City's Police Department. Provided the new regulations are adopted,
staff will provide all licensed businesses currently providing Segway rental and/or tours with copies
of the new Ordinance and Administrative Rules.
Once the new Ordinance and Administrative Rules have been implemented,the City Administration
P � tY
will evaluate if regulating the maximum speed of Segways on sidewalks and pedestrian pathways is
a sufficient safety measure, or if further Commission action is necessary. Such actions may include
imposing additional regulations on the use of Segways, such as restricting the use of Segways on
certain pathways, etc., during peak periods of pedestrian activity. City staff is engaging in an
Commission Memorandum—Ordinance Regulating Speed of Segways
October 24, 2012
Page 8 of 9
analysis of pedestrian use of the Beachwalk, Baywalk, and Cutwalk to more accurately assess peak
pedestrian activity.
PROPOSED ORDINANCE
The proposed Ordinance will amend Sections 70-66, 70-67, 70-68, 70-69, and 70-70 of the current
City Code and create a new Section 70-71. In essence, the proposed Ordinance consists of the
following regulations:
1. Requirement that Segways available for rental in the City be set at a maximum speed of
eight (8) MPH.
2. Prohibition of the use of Segways in interior paths at South Pointe Park and Collins Park.
3. New responsibilities and insurance requirements for businesses providing Segway rental
and/or tours.
In particular, the proposed Ordinance consists of the following changes to the City Code:
• Section 70-66 of the Code is being revised to include a definition for "bicycle path" which
includes the City's coastal pathways, beachwalk, baywalk, and cutwalk that are within the
Atlantic Greenway Network.
• Section 70-67 of the Code is being revised to include a restriction on the maximum speed of
electric personal assistive mobility devices to eight (8) MPH on sidewalk, sidewalk areas,
and bicycle paths; and a prohibition of Segways on the interior pathways within South Pointe
Park and Collins Park. Also, existing Code language is provided for reference.
• Section 70-68 of the Code is being revised to exempt Police Department electric personal
assistive mobility devices, City service vehicles, and City contractor service vehicles from the
proposed regulations and new requirements.
• Section 70-69 of the Code is being revised to include responsibilities of operators of electric
personal assistive mobility devices.
• Section 70-70 of the Code is being revised to include responsibilities of entities providing
rentals and/or tours of electric personal assistive mobility devices. New requirements
include:
a) Obtain a business tax receipt from the City pursuant to Chapter 102 of the City
Code.
b) Provide a minimum of$1,000,000.00 in liability insurance coverage that includes the
City of Miami Beach as a named or additional insured.
c) Provide a certificate from an authorized electric personal assistive mobility device
dealer verifying that each device made available for rent, lease or tour has been set
to a maximum speed of eight (8) MPH.
Commission Memorandum—Ordinance Regulating Speed of Segways
October 24, 2012
Page 9 of 9
d) Obtain a release of liability and hold harmless agreement, releasing and holding the
City of Miami Beach harmless from liability signed by all renters of electric personal
assistive mobility devices, which release and hold harmless agreement shall be
made available for inspection by the City at any time during business hours.
e) Provide all renters of electric personal assistive mobility devices with a copy of all
applicable Federal, State, and City laws, codes and regulations,the receipt of which
shall be acknowledged by the renter.
f) Comply with all administrative rules that may be established by the City regarding
rental, leases, or tours of electric personal assistive mobility devices.
• Section 70-71 of the Code is being added to reflect enforcement and penalty provisions.
The penalties for violations of Sections 70-69(d) — (e) and 70-70 are as follows:
o $100 for the first offense
o $250 for the second offense
o $500 for the third offense
o $1000 for the fourth offense
o Habitual offenders are subject to forfeiture of license
The penalties for violations of Sections 70-67 and 70-69(a)—(c)are deemed non-criminal infractions
as defined in Section 318.13(3)of the Florida Statutes and shall be subject to the penalties set forth
in Section 316.655, Florida Statutes.
FINANCIAL IMPACT
Charter section 5.02 requires that the"City of Miami Beach shall consider the long-term economic
impact(at least 5 years)of proposed legislative actions." Staff has determined that there will not be
a fiscal impact on the City's budget by enacting the proposed ordinance.The implementation of the
proposed Ordinance would not require additional staffing. Enforcement of the proposed Ordinance
would be achieved through the Code Compliance and Police Departments, utilizing existing
resources.
Attachments
KGB/JGG/FHB/RWS/JRG
TAAGENDA\2012\10-24-12\Segways speed.MEMO
Attachment
Castellanos, Diana
From: Gonzalez,Jose
Sent: Friday, October 12, 2012 5:04 PM
To: Castellanos, Diana; Fink,Jay
Cc: Sarmiento, Fiorella;Turner, Debora
Subject: FW: My contact details
Attachments: MIAMI BEACH.pdf
Referenced attachment to Segway Memo/Ordinance.
Thanks.
MIAMIBEACH
JOSE R. GONZALEZ, P.E.
TRANSPORTATION MANAGER
Transportation Division- Public Works Department
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7080 Ext. 6768 /Cel: (786) 295-6863/ iosegonzalez@miamibeachfl.gov http://www.miamibeachfi.gov
We are committed to providing excellent public ser✓ice and safety to all who live, work and play in our vibrant,tropical,
historic community.
-----Original Message-----
From: Nicola Dallatana [mai Ito:nicola.dallatana^segway.com
Sent: Friday, September 28, 2012 3:08 AM
To: Gonzalez,Jose;Andrew Fuller
Cc: Gerri Moriarty; Claude LeBlond
Subject: RE: My contact details
Dear Mr. Gonzalez,
As manufacturers we recommend 16 years old as minimum age. In controlled environments or accompanied by adults
we are aware of independent tour operators allowing 14 years olds. More importantly,we recommend a minimum
weight limit of 100 lbs.There are not height limits. Please find other recommendations and specs at page 5 of the
Segway PT Reference Manual (link in the note). Concerning the other questions,you will find a note attached. Please
confirm its reception. If you have further questions,we will be glad to assist you. Best regards,
Nicola Dallatana
•
SEGWRY
Parma, 27th of September 2012
JOSE R.GONZALEZ,P.E.
TRANSPORTATION MANAGER
Transportation Division-Public Works Department
1700 Convention Center Drive,Miami Beach,FL 33139
Tel:305-673-7080 Ext.6768 /Cel:(786)295-6863/ioseQOnzalezC�miamibeachfl.QOv
Dear Mr. Gonzalez,
Following our telephone conversation yesterday, I gladly share information about technical features of the
Segway PTs which should be useful when deciding on how to regulate their use in your jurisdiction.
Obviously, we will support any measures which will promote responsible riding and improve the safety of
PT riders and other users of public space. To that end, we strongly recommend that the maximum speed to
be programmed on the local units should not be less than 9mph.'
I believe you are familiar with how the Speed Limiter works. Please refer to our safety video at 1:30
seconds to find relevant information about this routine.2 As stated on the Segway Reference Manual3 at
page 48:
Speed Limiter
When you approach the maximum a loved speed,the Segway PT'
Speed Limiter will push the Hand ebar back to slow you dowe.'see
Figure 16).
r.
f; I
Figure 16.Speed Limiter
The Segway PT's Speed Limiter s an alert that you are mov ng too
fast!When the Speed Limiter pushes the Hand ebar back,stop
leaning forward and slow down.Always leave a gap between
yourself and the Handlebar as shown in Figure 17.once you s my
a speed that the Segway PT determines is safe,a w ii resume norm
operation and rid ng pos.tion.
/y AWMNING!
® r V
Riding against the Handlebar can cause loss of control,
l collisions,falls,and injury.
The speed at which the Speed Lin•iter pushes the Handlebar back
depends on a variety of factors-ncluding riding style:terra n,payload,
�1— whether or not the Beg liner Setting is enab ed,Batter's condit on,foot
positioning,and other factors.
Figure 17.Gap Between Rider and Handlebar
What is not apparent from public documentation is that the speed limiter routine is triggered 2mph before
the programmed top speed is encountered. This means that the machine will start pitching rearward,
moving the Leans Steer back towards the rider. This region is important to gradually notify the riders that
' Typically novice users are trained on units which are speed limited to 6 mph for the time necessary to understand its functions,
using what we call `Turtle Mode'.Once they have acquired sufficient skills and the riding environment is appropriate,they are
allowed to ride at higher speeds gradually.This process is documented by our Official Guided Tours Waivers and Orientation
checklists.
2 Safety Video:http://www.youtube.com/watch?v=gHODvgLK06U
3 http://www.segwaysafety.com/download_file?file=http://www.segway.com/downloads/pdfs/ReferenceManual.pdf
14 Technology Drive • Bedford, NH 03110 • USA • P: 603.222.6000 • F: 603.222.6001 * www.segway.com
•
T
SEGWRY•
they are approaching the speed limit creating an uncomfortable position for them to sustain. Once the
programmed top speed limit is reached, the machine will more aggressively push the bar back so that the
maximum speed can not be sustained above the set level.
Setting a top speed limit to less than 9 mph for trained users in a open environment is NOT recommended
for the following reasons.
Our product documentation (video, individual training, manuals) specifically warns against trying to
"overpower"the speed limiter, which places the body and machine in an orientation that is less able to deal
with transients (bumps, holes, changes of terrain, slopes etc). Setting a very low speed limiter threshold will
have the negative effect of inviting people to ride against the speed limiter all the time.
The other reason why we believe that there is good basis to taking into consideration a reasonable top
speed is that we wanted to ensure that the user could accelerate slightly, even if this was for just a few
seconds, in case an obstacle was approaching. An example is a PT user crossing the street with a car
approaching quickly.
As a last point, we would respectfully point out that it might be easier to enforce restrictive measures on
certain locations (for example of sidewalks that are narrower than a certain amount of feet). We hardly
believe an agent will be able to tell the difference between units riding at 6 or 9 mph, both of which are a
fraction of the speed one can easily reach running, skateboarding, skating, cycling or with any device which
is not, like in our case, speed limited.
Since understanding this machine is cumbersome based only on written information, we would like to offer
the opportunity to have one of our representatives to meet you in person and give a practical
demonstration of why we believe that there exist substantial arguments for not limiting the top speed to less
than 9mph.
We understand the difficulty of having to deal with a technology that is so different from traditional means of
transportation where braking is commanded under all circumstances by the user. For this reason I thank
you in advance for your valuable time and look forward to hearing back from you.
Best regards,
Nicola Dallatana
Vice President Global Regulatory Affairs
Segway Inc.
Strada Mulattiera Inferiore 21
4310 Parma Italy
Cell +393387999448
Mob +390521671505
14 Technology Drive • Bedford, NH 03110 • USA • P: 603.222.6000 • F: 603.222.6001 • www.segway.com
THE MIAMI HERALD I MlamlHerald.com N THURSDAY,OCTOBER 11,2012 1 1SNE
MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
I
NOTICE IS HEREBY given that a public hearing will be held by the Mayor and City Commission of the
City of Miami Beach,Florida,in the Commission Chambers,3rd Floor City Hall,1700 Convention Center
Drive,Miami Beach,Florida,on Wednesday,October 24,2012,to consider the following:
10:35 a.m. j
AN ORDINANCE OF THE MAYOR.AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,
AMENDING CHAPTER 70 OF THE MIAMI BEACH CITY CODE ENTITLED "MISCELLANEOUS
OFFENSES,"BY AMENDING ARTICLE II,ENTITLED"PUBLIC PLACES";BY AMENDING DIVISION II;
ENTITLED"BICYCLING,SKATEBOARDING,ROLLER SKATING,IN-LINE SKATING,AND MOTORIZED
MEANS OF TRANSPORTATION," BY AMENDING SECTION 70-66,ENTITLED"DEFINITIONS,"BY
ADDING A DEFINITION FOR BICYCLE PATH; AND BY AMENDING SECTION 70-67, ENTITLED
"PROHIBITED ACTIVITIES,"BY AMENDING THE PROHIBITIONS REGARDING MOTORIZED MEANS OF
TRANSPORTATION,INCLUDING_ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES(ALSO KNOWN.
AS SEGWAYS),BY REWORDING THE PROVISIONS THEREIN AND.CONFORMING THE LANGUAGE TO
STATE LAW,BY RESTRICTING THE SPEED OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES
TO EIGHT(8)MPH ON ALL CITY SIDEWALKS,SIDEWALK AREAS,AND BICYCLE PATHS;AND BY
PROHIBITING THE OPERATION OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES ON INTERIOR
PATHWAYS WITHIN SOUTH POINTE PARK AND COLLINS PARK;BY AMENDING SECTION 70-68,
ENTITLED"EXEMPTIONS,"BY EXEMPTING THE USE OF ELECTRIC PERSONAL ASSISTIVE MOBILITY.
DEVICES BY CITY POLICE AND CITY CONTRACTED SERVICES FROM THE RESTRICTIONS OF
DIVISION.II;BY AMENDING SECTION 70-69,ENTITLED"RESPONSIBILITIES OF BICYCLISTS AND
SKATERS," BY ADDING RESPONSIBILITIES FOR PERSONS OPERATING ELECTRIC PERSONAL
ASSISTIVE MOBILITY DEVICES;BY AMENDING SECTION 70-70, ENTITLED "PENALTIES;' TO
PROVIDE FOR RESPONSIBILITIES OF BUSINESSES PROVIDING RENTALS AND/OR TOURS OF
ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES; BY CREATING SECTION 7041,T0.BE
ENTITLED"PENALTIES"TO PROVIDE CIVIL PENALTIES IN ADDITION TO EXISTING NON-CRIMINAL
INFRACTION PENALTIES FOR THE VIOLATION OF CERTAIN PROVISIONS IN CHAPTER 70;ARTICLE II,
DIVISION II;.PROVIDING FOR REPEALER;SEVERABILITY;CODIFICATION;AND AN EFFECTIVE DATE.
Inquiries may be directed to the Public Works Department(305j 673-7080.
INTERESTED PARTIES are invited to appear.at this meeting;or be represented by an agent,or to express
their views in writing addressed to the City Commission,c/o the City Clerk,1700 Convention Center Drive,
1 st Floor,City Hall,Miami Beach,Florida 33139.Copies of these items are available for public inspection
during normal business hours in the City Clerk's Office,1700 Convention Center Drive 1 st Roor,,City Hall,
Miami Beach,Florida 33139.This meeting may be continued,and under such circumstances additional
legal notice will not be provided.
Rafael E.Granado,City Clerk
City of Miami Beach
Pursuant to Section 286.0105,Fla.Stat.,the City hereby advises the public that:if a person decides to
appeal any decision made by the City Commission with respect to any matter considered at its meeting
or its hearing,such person must ensure that a verbatim record of the proceedings is made,which record
includes the testimony and evidence upon which the appeal is to be based.This notice does not constitute
consent by:the City for the introduction or admission of otherwise inadmissible or irrelevant.evidence,nor
does 4 authorize:challenges or appeals not otherwise allowed by law.
To request this material in accessible format,sign language interpreters, information on access
for persons with disabilities,and/or any accommodation to review any document or participate in
any City-sponsored proceeding,please contact us five days in advance at(305)673-7411(voice)or
TTY users may also call the Florida Relay Service at 711.
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