2014-3908 Ordinance ORDINANCE NO. 2014-3908
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, ENTITLED "MISCELLANEOUS
OFFENSES," BY AMENDING ARTICLE II, ENTITLED "PUBLIC PLACES,"
BY AMENDING DIVISION 2, ENTITLED "BICYCLING, SKATEBOARDING,
ROLLER SKATING, IN-LINE SKATING, AND MOTORIZED MEANS OF
TRANSPORTATION," BY AMENDING SECTION 70-66, ENTITLED
"DEFINITIONS" TO INCORPORATE THE EXEMPTION FOR MOTORIZED
WHEELCHAIRS AND SIMILAR DEVICES USED BY DISABLED PERSONS
INTO THE DEFINITION OF "MOTORIZED MEANS OF
TRANSPORTATION," MAKING CORRESPONDING AMENDMENTS
THROUGHOUT DIVISION 2, AND ADDING A DEFINITION FOR HIGH
IMPACT PERIODS; BY AMENDING SECTION 70-67, ENTITLED
"PROHIBITED ACTIVITIES," TO AMEND THE LOCATIONS WHERE
MOTORIZED MEANS OF TRANSPORTATION ARE PROHIBITED; BY
AMENDING SECTION 70-69, ENTITLED "RESPONSIBILITIES OF
BICYCLISTS, SKATERS, AND PERSONS OPERATING ELECTRIC
PERSONAL ASSISTIVE MOBILITY DEVICES," BY AMENDING THE
RESPONSIBILITIES SET FORTH THEREIN AND TO INCLUDE PERSONS
OPERATING MOTORIZED MEANS OF TRANSPORTATION; BY
AMENDING SECTION 70-70, ENTITLED ."RESPONSIBILITIES OF
PERSONS AND BUSINESS ENTITIES PROVIDING RENTALS, LEASES,
AND/OR TOURS OF ELECTRIC PERSONAL ASSISTIVE MOBILITY
DEVICES," BY AMENDING THE RESPONSIBILITIES SET FORTH
THEREIN; AND BY AMENDING SECTION 70-71, ENTITLED
"ENFORCEMENT; PENALTIES," TO PROVIDE HOUSEKEEPING
AMENDMENTS; 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 sidewalks and bicycle paths in the City; and to facilitate and balance
the health, safety, and welfare interests of bicyclists and pedestrians, 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
mobility 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, Section 316.008 of the Florida Statutes authorizes local governments to,
among other things, regulate traffic by means of police officers, restrict the use of streets,
prohibit or regulate the use of heavily traveled streets by any class or kind of traffic found to be
incompatible with the normal and safe movement of traffic, and regulate persons upon skates,
coasters, and other toy vehicles; and
WHEREAS, due to the safety concerns and injuries already experienced on sidewalks
and bike paths in the City, the Mayor and City Commission has previously determined that it is
in the interest of public safety that electric personal assistive mobility devices, and other
motorized means of transportation, be regulated as provided in Division 2 of Article II of Chapter
70 and Article I of Chapter 106 of the City Code and, in furtherance thereof, passed and
adopted the provisions in Ordinances Nos. 2012-3780, 2014-3862, and 2014-3881; and
WHEREAS, pursuant to Resolution No. 2012-28041, Administrative Rules regulating
businesses that lease, rent, or provide tours for electric personal assistive mobility devices, and
the persons that operate such devices, were adopted by the City Commission in the interest of
safety; and
WHEREAS, the regulations set forth in the Administrative Rules were subsequently
incorporated into the City Code pursuant to the adoption of Ordinance No. 2014-3883 in the
interest of safety, along with other additional regulations concerning electric personal assistive
mobility devices, and the enforcement, penalty, and appeal provisions relative to violations of
such regulations; and
WHEREAS, the Mayor and City Commission have determined that further clarifying and
housekeeping amendments, as well as additional regulations for the safe operation of electric
personal assistive mobility devices, and for the safe operation of other motorized means of
transportation, as such terms are defined in the City Code, should be adopted as set forth
herein in the interest of public safety.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, THAT CHAPTER 70, ARTICLE II OF THE CODE
OF THE CITY OF MIAMI BEACH IS AMENDED AS FOLLOWS:
SECTION 1. That Division 2 of Article II of Chapter 70 of the Code of the City Miami Beach is
hereby amended as follows:
CHAPTER 70
MISCELLANEOUS OFFENSES
ARTICLE II. Public Places
DIVISION 2. Bicycling, Skateboarding, Roller Skating, In-Line Skating,
and Motorized Means of Transportation
Sec. 70-66. Definitions.
The following definitions are applicable to this division:
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
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to its highest position or a scooter or 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 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 Section 316.003(83) Fla. Stat.,
as may be amended.
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
city manager during which one or more of the following occur:
D There is a designated maior event period,
ii A maintenance of traffic plan is required (e.g., including, but not limited to,
street closures, lane closures, shuttle service);
Hotel occupancy levels are anticipated to be greater than 75 percent;
iv 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
(v) 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.
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 Section 316.003, Fla. Stat.,
as may be amended; but shall not include motorized devices and wheelchairs when
used by disabled persons.
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Rail sliding means [a PFOGe&q 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. 70-67. Prohibited activities.
(a) It shall be unlawful for any person to engage in skateboarding, roller skating, and in-
line skating at any time, to operate any motorized means of transportation at any
time, eXGe pt fnr whe r ether Gh meteFi` deViGes heR used by disabled
Per6eR6 or to engage in bicycling between 9:00 a.m. and 2:00 a.m., 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.
(b) It shall be unlawful for any person to engage in bicycling, roller skating, in-line
skating, or skateboarding, 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.
(c) It shall be unlawful to operate, at any time, any motorized means of transportation,
eF6GR6, in, on, or upon any portion of:
a(l) the Beachwalk between 15th and 23rd Streets, between
64th and 79th Streets, Ssouth of 5th Street, and on any
additional segments of the Beachwalk that may be
constructed in the future;
bL2) the Lummus Park Promenade (also known as the
Lummus Park Serpentine Walkway) between 5th and 15th
Streets;
eL3) the sidewalks on the east and west sides of Ocean Drive
between South Pointe Drive and 15th Street;
dL4) the South Pointe Park Cutwalk adjacent and parallel to
Government Cut;
eL5) the Marina Baywalk adjacent and parallel to Biscayne
Bay and south of 5th Street,
(6) the interior pathways within South Pointe Park and Collins
Park; and
(7) the South Pointe Park Pier.
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(d) 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 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 eight miles per hour.
(e) 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
miles per hour.
(f) It shall be unlawful to grind, rail slide, launch, eF stall or to engage in any other such
type of activity on t#e a skateboard, in-line skates, or roller skates
which results in the damage of public or private
property.
(g)
It shall be unlawful to operate any motorized device defined as a vehicle in section
316.003, Fla. Stat. and any motorized means of transportation, eveept fGF motorised
whee'Ghairc , ,hen used by disabled nersnn6-, on any street or road that is closed to
motor vehicle traffic by the Police Department for events during high impact periods,
46-92(g) .
(h) All of the prohibitions in this section shall apply to the areas identified
notwithstanding any change in the name of the street, right-of-way, or facility.
Sec. 70-68. Exemptions.
Police department and code compliance department bicycle, in-line skate, and electric
personal assistive mobility device patrol units, vehicles, and motorized means of transportation;
city service and transit vehicles; city-contracted security and maintenance service vehicles;
service vehicles authorized by the city for use by city lessees, concessionaires, or other city
contractors operating pursuant to any agreement with the city; and a person dismounted from
and walking a bicycle, shall be exempt from the restrictions of this division.
Sec. 70-69. Responsibilities of bicyclists, skaters, and persons operating e!eGtFic
peFSOnal assistive mobility devaGes motorized means of transportation.
(a) It shall be unlawful for any person to engage in bicycling, skateboarding, in-line
skating, roller skating, or operating e'�F rcnnal assistive mobility devises a
motorized means of transportation in the following areas, aXGept fqFeleQ+
FerSnnal a6606tive mobility deVines wheR w6ed-by dicuhl the aFeas
set fnrfh in (a)(!)-
(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 City properties-.Land
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(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, roller
skating, or operating aR etes#FiG eFSORa' assistive mobility deViGe a motorized
means of transportation where otherwise not prohibited, such person &#a4:
shall engage in such activity at a safe speed which does
not endanger the safety of pedestrians or others,;
shall not obstruct or endanger pedestrian or vehicular
traffic..
shall yield the right-of-way to any pedestrian, and shall give
an audible signal before overtaking and passing such
pedestrian;- and
shall not engage in such activity with a trailer or any other
passenger or towed object or person except for the lawful
use of a child seat on a bicycle.
(d) Whenever a person is operating aR eIeGtFiGG P GRal °csistive Fneb ilia i deViGe, a
motorized means of transportation such person:
(1) Shall immediately report any accident with a pedestrian or other person to
the Miami Beach Police Department and Miami Beach Fire Rescue. In
addition, the operator must:
(a) remain on the scene until a police officer arrives;
(b) identify himself/herself to the victim and to the police officer; and
(c) provide to the victim and to the police officer the name of the person or
business that leased or rented the device-.Land
(2) Shall not operate }t—e;eGtTs peFG assistive deViGe the
motorized means of transportation between sunset and sunrise or during
inclement weather.
(e) Whenever a person is operating aRelest�FseRal assistive ebilit„ deViGe a
motorized means of transportation, such person shall comply with all applicable
federal, state, and county regulations, administratieave rules, and laws, and all
applicable administrative rules established by the city.
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Sec. 70-70. Responsibilities of persons and business entities providing rentals, leases,
and/or tours of electric personal assistive mobility devices.
Any person or business entity that rents, leases, and/or provides tours for electric
personal assistive mobility devices shall:
(a) Obtain a business tax receipt from the City pursuant to chapter 102 of the City
Code. A business tax receipt shall not be issued unless the City is furnished with
documentary evidence that said person or business entity is currently in
compliance with:
the insurance requirements in Sec. 70-70(b);
the speed certification requirements of Sec. 70-70(c); and
the ' document requirements in Sec. 70-70 d .;
(b) PFevide Maintain a minimum of $1,000,000.00 in commercial general liability
insurance coverage, including bodily injury and property damage, from an
insurance company that is Best Guide rated B+ VI or better, that includes
medical payment coverage no less than $5,000 for any injured persons, and that
includes the City of Miami Beach as an additional named insured, a waiver of
subrogation clause, and shall specifically cover third party damages resulting
from the ownership, maintenance, and/or use of the-electric personal assistive
mobility devices, however caused, and shall not have a clause excluding losses
resulting therefrom. A certificate of insurance shall be furnished to the City which
evidences that said coverage is currently in effect. Not later than ten business
days before the expiration of the coverage period reflected in each Certificate of
Insurance, the person or business entity shall furnish to the City a renewal
Certificate of Insurance, evidencing said coverage for'a renewal period of not
less than one year. If, at any time, the person or business entity receives
of written notification of the cancellation of such
coverage, said person or business entity shall immediately advise the City in
writing of such notification;
(c) Provide an annual certificate from an authorized electric personal assistive
mobility device dealer, dated and executed by the dealer's authorized
representative verifying that on a date not more than thirty (30) days before the
date of the certificate, the dealer inspected each device made available #rsm for
rent, lease, or tour has been set to a maximum speed of eight mph;
(d) Obtain a combined release of liability, hold harmless agreement, and an
acknowledgement of receipt of the summary of Sections 70-66 through 70-71 of
the City Code, the map of prohibited areas, the training provided, and the offer of
a helmet as required by Sec. 70-70(g) and Sec. 70-70(h), all as acceptable to the
city attorney, signed by all renters of electric personal assistive mobility devices,.
The combined signed documents shall be made available for inspection by the
city at any time during business hours. If the renter is under the age of 18, his or
her parent or legal guardian must sign the combined release, and hold harmless
agreement, and acknowledgements;
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Provide a4 each renters of electric personal assistive mobility devices with a City
approved summary of Sections 70-66 through 70-71 GOP Of DiVisieR 2 of AFti nle
of GhapteF 70 of the City Code and the City's map of prohibited areas of
the renempt �,f Whinh shall he Ieno��ledged in WFi+inn by the Fentet
operation�� ,
an
(jam P-est Display a copy of Division 2 of Article II of Chapter 70 of the City Code, and
a copy of the City's map of prohibited areas of operation, in a conspicuous place
at the location where the electric personal assistive mobility devices are leased
or rented..-i
(n)(g) Securely-Aaffix the name, npci tiolimphnnea M. MhQv of the person or
business entity that rents/leases and/or provides tours, as well as a unique
device ID number, all of which shall be in lettering and numbers at least 4" in
height, on the front and back of each electric personal assistive mobility device
that is leased or rented-.Land
(h) Provide training as to the safe operation of electric personal assistive mobility
devices to all lessees or renters of the devices. The person or business entity
must maintain written proof, signed by the lessee or renter, that establishes the
training provided for the safe operation of the electric personal assistive mobility
device..--
(e)(+) Lease, rent, or use electric personal assistive mobility devices:
only for tours e+-4y;
tours shall only be conducted between sunrise and sunset and not during
inclement weather..,
tours shall be limited to eight 8) tour customers and one (1) employee
tour leader; and
the tour leader a) must accompany each tour and shall be experienced in
the safe use and operation of electric personal assistive mobility devices,
and b) shall wear a shirt with the name of the person or business entity
that is conducting the tour, which name shall be in lettering at least 4" in
height on the front and back of the shirt.
(g)([) Lease, rent or provide tours on electric personal assistive mobility devices only to
persons 16 yeaF6 of age eF eldeF that weigh 100 or more pounds and all
persons under the age of 16 on a tour must wear a bicycle helmet in accordance
with F.S. $316.2068, as may be amended..-;
(k) Not lease, rent or provide tours on electric personal assistive mobility devices
that:
are, or are suspected to be, unsafe for use.,
not set to a maximum speed of 8 mph; and/or
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have a trailer or any other passengers, or towed obiects or persons..-,
(1) Not lease, rent or provide tours to persons who:
are believed to be intoxicated, or under the influence-of
any drug or substance that impairs the operator's ability to
operate the electrical personal assistive mobility device;
(2) act with reckless disregard or indifference to the safety of
others, and/or
are incompetent to operate an electric personal assistive
mobility device-..L-
(m)
Promptly report any accidents regaFding involving leased or rented electric
personal assistive mobility devices to the Miami Beach Police Department and
Miami Beach Fire Rescue..--
m(4) Comply with all administrative rules that may be established by the city regarding
rentals, leases, tours, and the safe operation of electric personal assistive
mobility devices.
Sec. 70-71. Enforcement; penalties.
(a) A violation of the provisions in sections 70-67 and 70-69(a)-(c) by persons
operating electric personal assistive mobility devices or engaged in bicycling,
skateboarding, in-line skating, roller skating, or operating any motorized means
of transportation, shall be enforced by a police officer and shall be deemed a
noncriminal infraction as defined in F.S. § 318.13(3) and shall be subject to the
penalties set forth in F.S. § 316.655, as may be amended.
(b) A violation of the provisions in sections 70-69(d)-(e) and 70-70 shall be enforced
by a code compliance officer (which, as defined in Sec. 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 for violations of sections 70-69(d)-(e):
(i) First offense ..........$100.00;
(ii) Second offense .....$250.00;
(iii) Third offense .........$500.00;
(iv) Fourth and subsequent offenses .....$1,000.00;
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b. Pay the civil fine as follows for violations of sections 70-70(a) and
(i) First offense .........$250.00;
(ii) Second offense .....$500.00;
(iii) Third offense ......$1,000.00;
(iv) Fourth and subsequent offenses .....$2,000.00;
C. Pay the civil fine as follow for violations of Section 70-70(b):
(i) First offense .........$1,000.00;
(ii) Second offense .....$2,500.00;
(iii) Third and subsequent offenses .....$5,000.00; or
d. 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. If the offense is a
violation of section 70-70(b), the operation of the business must
cease until the required insurance is obtained.
(3) If the offense is a fourth or subsequent offense of section 70-69(d)-(e) or
70-70(a) or(c)-(n), it shall also be considered an habitual offender offense
and, in addition to the penalty set forth in subsections 70-71(b)(2)a.(iv)
and 70-71(b)(2)b.(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.
(4) 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 (10) days of the
issuance of the notice of violation.
(5) Any party aggrieved by the decision of the special master may appeal the
decision in accordance with law.
(6) The city may institute proceedings in a court of competent jurisdiction to
compel payment of civil fines.
(7) 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
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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.
(, 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.
That all ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of
the Code of the City of Miami Beach, Florida. The sections of this ordinance may be
renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be
changed to "section," "article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 21 day of n oye wn ber- , 2014.
PASSED AND ADOPTED this Iq day of noyQm bec— , 2014.
ATTEST:
INCORP ORATLL,: ilip Le ahe,
Raf el E. Granado City Cle
( 2 ;
Underline denotes additions APPROVED AS TO
StrikethFOughs denotes deletions FORM & LANGUAGE
Double underline denotes additions after First Reading & FO XE UTION
Double strikethrough denotes deletions after First Reading (f I^
(Sponsored by Commissioner Jonah Wolfson) City attorney Date
F:\ATTO\TURN\ORDINANC\Segway-Motorized Means Regulations IV-Proposals DRAFT 11.2FINAL 11-1-14.docx
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COMMISSION ITEM SUMMARY
Condensed Title:
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,Entitled"Miscellaneous Offenses,"By Amending Article II,Entitled"Public Places,"By Amending
Division 2, Entitled"Bicycling,Skateboarding,Roller Skating, In-Line Skating,And Motorized Means Of Transportation,"By
Amending Section 70-66,Entitled"Definitions"To Incorporate the Exemption For Motorized Wheelchairs And Similar Devices
Used By Disabled Persons Into The Definition of"Motorized Means Of Transportation,"Making Corresponding Amendments
Throughout Division 2,And Adding A Definition For High Impact Periods;By Amending Section 70-67,Entitled"Prohibited
Activities,"To Amend The Locations Where Motorized Means of Transportation Are Prohibited;By Amending Section 70-69,
Entitled "Responsibilities Of Bicyclists, Skaters, And Persons Operating Electric Personal Assistive Mobility Devices,"By
Amending The Responsibilities Set Forth Therein And To Include Persons Operating Motorized Means Of Transportation;By
Amending Section 70-70,Entitled"Responsibilities of Persons And Business Entities Providing Rentals,Leases,And/OrTours
Of Electric Personal Assistive Mobility Devices,"By Amending The Responsibilities Set Forth Therein;And By Amending
Section 70-71, Entitled "Enforcement; Penalties," To Provide Housekeeping Amendments; Providing For Repealer,
Severability,Codification,And An Effective Date.
Key Intended Outcome Supported: Enhance Pedestrian Safety Universally.
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2014 Miami Beach Community
Satisfaction Survey Final Report,about 4 out of 10 residents(39%)claimed they would ride bicycles;this is considerably lower
than the percentage in 2012(48%).
Item Summa /Recommendation:
At its October 24,2012 meeting,the City Commission passed and adopted Ordinance No.2012-3780 and Resolution No.
2012-28041 which provided various regulations concerning electric personal assistive mobility devices (also known as
Segways or EPAMDs).The Ordinance amended Chapter 70,Article II,Division 2 of the City Code,and in particular,Sections
70-66,70-67,70-68,70-69,70-70,and Section 70-71. The Ordinance restricted the speed of EPAMDs to eight(8)MPH on all
sidewalks, sidewalk areas, and bicycle paths, and prohibited the operation of EPAMDs on interior pathways within South
Pointe Park and Collins Park and on the sidewalk on the west side of Ocean Drive between South Pointe Drive and 15th St.
Pre-existing City Code provisions prohibited motorized means of transportation,except for wheelchairs or other motorized
devices when used by disabled persons, in, on, or upon any portion of Lincoln Road Mall from the west sidewalk of
Washington Avenue to the east sidewalk of Alton Road.
In addition to City Code regulations contained in Chapter 70 and in the City's Administration Rules,Section 82-438 of the City
Code prohibits wheeled conveyances on the wooden elevated Boardwalk,between 24th and 450'Streets,except when required
by disabled persons,strollers,or as required by fire, police,ocean rescue,or other city employees and agents as may be
authorized by the City Manager. Pursuant to Ordinance No.2014-3862 on May 21,2014,the regulations in Section 70-67
were amended to prohibit motorized means of transportation in the following additional areas:A)The Beachwalk between 15th
and 23rd Streets and between 64th and 79th Streets,B)The Beachwalk south of 5th St.,C)Lummus Park Promenade between
5th and 15th Streets;D)The sidewalks on the east side Of Ocean Drive between South Pointe Drive and 15th Street;E)The
South Pointe Park Cutwalk adjacent and parallel to Government Cut;F)The Marina Baywalk adjacent and parallel to Biscayne
Bay and South of 5th St.
On June 11,2014,Ordinance No.2014-3881 was adopted that prohibited the operation of bicycles on Lincoln Road between
9:00 am and 2:00 am.Ordinance 2014-3881 also revised the definitions in Division 2 of Article II of Chapter 70 of the City
Code to define "motorized means of transportation"to include"electric personal assistive mobility devices"and all other
devices and means of transportation propelled by other than human power,such as motorized skateboards and skates,but
not those devices defined as a"vehicle"under state law.
To address additional safety concerns and accidents already experienced in the City,Ordinance No.2014-3883 was adopted
on July 23,2014 to further amend the provisions in Chapter 70 by incorporating the Administrative Rules into the City Code
and adding stricter penalties for insurance violations for business entities providing rentals,leases,and/or tours.At the July 23,
2014 City Commission meeting,the Commission referred the matterof EPAMDs and motorized means of transportation to the
Neighborhood/Community Affairs Committee(NCAC)for further amendments and to bring an Ordinance back to the City
Commission in October.
Pursuant to the above direction,this proposed Ordinance was presented to the City Commission on October22,2014 and the
NCAC on October 31,2014.
Subsequent to the City Commission meeting on October 22, 2014 and during the NCAC meeting on October 31, 2014,
additional modifications to the Ordinance were discussed and recommended by the NCAC.Those modifications have been
incorporated as part of the Ordinance.Additionally,several amendments which had been included in first reading have been
removed at the request of the Ordinance sponsor, Commissioner Jonah Wolfson. The removal of these items were not
included in the NCAC agenda of October 31,2014 and were not discussed at the committee meeting but were included in the
red-line handout at that NCAC meeting
Advisory Board Recommendation:
This item was presented to the NCAC for discussion on October 31,2014.The NCAC approved the proposed ordinance
with recommendations for additional amendments.
Financial Information:
Source of Amount Account
Funds: 1
OBPI Total
Financial Impact Summary: None.
City Clerk's Office Legislative Tracking:
Jose R. Gonzalez, P.E. X6768
Department Director Assistant QJA Manager COJIM4 a ger
JRG I KGB JL
I B .0 AGEaA lTEM 1 y
� []ATE
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members f the Ci ommission
FROM: Jimmy L. Morales, City Manager
DATE: November 19, 2014 ECO D FADING/PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE MAYO AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,AM NDING CHAPTER 70 OF THE CODE OF
THE CITY OF MIAMI BEACH, ENTITLED"MISCELLANEOUS OFFENSES,"
BY AMENDING ARTICLE II, ENTITLED"PUBLIC PLACES,"BY AMENDING
DIVISION 2, ENTITLED "BICYCLING, SKATEBOARDING, ROLLER
SKATING, IN-LINE SKATING, AND MOTORIZED MEANS OF
TRANSPORTATION," BY AMENDING SECTION 70-66, ENTITLED
"DEFINITIONS" TO INCORPORATE THE EXEMPTION FOR MOTORIZED
WHEELCHAIRS AND SIMILAR DEVICES USED BY DISABLED PERSONS
INTO THE DEFINITION OF"MOTORIZED MEANS OF TRANSPORTATION,"
MAKING CORRESPONDING AMENDMENTS THROUGHOUT DIVISION 2,
AND ADDING A DEFINITION FOR HIGH IMPACT PERIODS; BY AMENDING
SECTION 70-67, ENTITLED "PROHIBITED ACTIVITIES,"TO AMEND THE
LOCATIONS WHERE MOTORIZED MEANS OF TRANSPORTATION ARE
PROHIBITED; BY AMENDING SECTION 70-69, ENTITLED
"RESPONSIBILITIES OF BICYCLISTS, SKATERS, AND PERSONS
OPERATING ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES,"BY
AMENDING THE RESPONSIBILITIES SET FORTH THEREIN AND TO
INCLUDE PERSONS OPERATING MOTORIZED MEANS OF
TRANSPORTATION; BY AMENDING SECTION 70-70, ENTITLED
"RESPONSIBILITIES OF PERSONS AND BUSINESS ENTITIES PROVIDING
RENTALS, LEASES, AND/OR TOURS OF ELECTRIC PERSONAL
ASSISTIVE MOBILITY DEVICES,"BY AMENDING THE RESPONSIBILITIES
SET FORTH THEREIN; AND BY AMENDING SECTION 70-71, ENTITLED
"ENFORCEMENT; PENALTIES," TO PROVIDE HOUSEKEEPING
AMENDMENTS; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that this Ordinance be adopted on second reading/public hearing.
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.
Commission Memorandum —Ordinance Prohibiting Motorized Means of Transportation on Beachwalks
November 19, 2014
Page 2of4
BACKGROUND
In 2007, pursuant to Resolution No.2007-26695,the City of Miami Beach(City)adopted the Atlantic
Greenway Network(AGN)master plan to create a safer environment for pedestrians and bicyclists.
The AGN proposed a comprehensive network of pedestrian and bicycle facilities that provide direct
access to important destinations within the City, linking residential neighborhoods, commercial
centers, and parks. The Beachwalk and Baywalk are major components of the AGN system and
facilitate the use of alternative and sustainable forms of transportation throughout the City.
The dense urban environment of Miami Beach leads to a high percentage of users competing for
public space, including pedestrian pathways and sidewalks. Recently, the use has increased with
Electric Personal Assistive Mobility Devices(also known as Segways or"EPAMDs")along the City's
Beachwalk, sidewalks, and rights-of-way. Complaints with regard to EPAMD 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 personal injuries. In
addition to persons operating EPAMDs,persons that utilize other motorized means of transportation,
as defined in the City Code,such as motorized skateboards,also pose a safety threat to pedestrians
and others who utilize the City's sidewalks and pedestrian ways.
HISTORY REGARDING REGULATIONS
At its October 24, 2012 meeting, the City Commission passed and adopted Ordinance No. 2012-
3780 and Resolution No.2012-28041 which provided various regulations concerning EPAMDs.The
Ordinance amended Chapter 70, Article II, Division 2 of the City Code, and in particular, Sections
70-66, 70-67, 70-68, 70-69, 70-70, and Section 70-71. The Ordinance restricted the speed of
EPAMDs to eight(8) MPH on all sidewalks, sidewalk areas, and bicycle paths, and prohibited the
operation of EPAMDs on interior pathways within South Pointe Park and Collins Park and on the
sidewalk on the west side of Ocean Drive between South Pointe Drive and 15th Street. Pre-existing
City Code provisions prohibited motorized means of transportation,except for wheelchairs or other
motorized devices when used by disabled persons, in,on,or upon any portion of Lincoln Road Mall
from the west sidewalk of Washington Avenue to the east sidewalk of Alton Road.
Resolution No.2012-28041 set forth Administrative Rules to address EPAMDs. The Administrative
Rules provided regulations, in addition to those set forth in 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 EPAMDs,and b)operators
of EPAMDs.
In addition to City Code regulations contained in Chapter 70 and in the City's Administrative Rules,
Section 82-438 of the City Code prohibits wheeled conveyances on the wooden elevated
Boardwalk;between 24th and 45th Streets,except when required by disabled persons,strollers,or as
required by fire, police, ocean rescue, or other city employees and agents as may be authorized by
the City Manager.
Pursuant to Ordinance No. 2014-3862 passed and adopted by the City Commission on May 21,
2014,the regulations in Section 70-67 were amended to prohibit motorized means of transportation
in the following additional areas:
• Beachwalk between 15th and 23d Streets
• Beachwalk between 64th and 79th Streets
• Beachwalk south of 5th Street
• Lummus Park Promenade(also known as the Lummus Park Serpentine Walkway)between
5th and 15th Streets
Commission Memorandum —Ordinance Prohibiting Motorized Means of Transportation on Beachwalks
November 19, 2014
Page 3 of 4
• Sidewalks on the east side of Ocean Drive between South Pointe Drive and 15th Street
• South Pointe Park cutwalk adjacent and parallel to Government Cut
• Marina Baywalk adjacent and parallel to Biscayne Bay and South of 5th Street
Attached herein is.a map depicting the City's coastal pathways, both existing and planned, where
motorized means of transportation are prohibited by the City Code and by US Code provisions
applicable to federally funded segments of the Beachwalk.
On June 11,2014, Ordinance No. 2014-3881 was adopted that prohibited the operation of bicycles
on Lincoln Road between 9:00 am and 2:00 am. Ordinance No. 2014-3881 also revised the
definitions in Division 2 of Article II of Chapter 70 of the City Code to define "motorized means of
transportation" to include "electric personal assistive mobility devices" and all other devices and
means of transportation propelled by other than human power,such as motorized skateboards and
skates, but not those-devices defined as a "vehicle" under state law. Those devices defined as a
"vehicle"under state law, such as mopeds, motorized scooters,and motorized bicycles are already
prohibited on bicycle paths, sidewalks, and sidewalk areas and are enforced by the City's Police
Department as moving violations under Section 316.1995 of the Florida Statutes.
To address additional safety concerns and accidents already experienced in the City,Ordinance No.
2014-3883 was adopted on July 23, 2014 to further amend the provisions in Chapter 70 by
incorporating the Administrative Rules into the City Code and adding stricter penalties for insurance
violations for business entities providing rentals, leases,and/or tours of EPAMDs.These additional
provisions continued to address the safety concerns resulting from the accidents and collisions
between motorized means of transportation and pedestrians that have occurred on the City's
sidewalks, bicycles paths,and pedestrian ways. In addition,events held during high impact periods
can increase pedestrian traffic by the thousands,and it is unsafe for any vehicle or motorized means
of transportation to operate on streets closed by the Police Department for such events as those
streets are then utilized by dense pedestrian traffic. Thus, a provision was added to prohibit
motorized means of transportation on any street or road closed to motor vehicular traffic by the
Police Department for events during high impact periods.
PROPOSED ORDINANCE
At the July 23, 2014 City Commission meeting, during the second reading of Ordinance No. 2014-
3883, City Commission referred resident suggestions for further amendments to Chapter 70 to the
Neighborhood/Community Affairs Committee (NCAC)and to bring an Ordinance back to the City
Commission in October.
At the July 25, 2014 NCAC meeting,suggestions for further amendments, proffered by residents in
attendance,were discussed.The NCAC passed a motion directing the Administration to review the
residents' suggestions and bring a revised Ordinance back to NCAC in October.
Pursuant to the above direction,this proposed Ordinance was presented to the City Commission on
October 22,2014 and the NCAC on October 31,2014.The proposed Ordinance incorporates many
of the resident and City staff recommendations for further amendment and is recommended for
adoption on first reading.
The Ordinance presented at First Reading on October 22, 2014 before the City Commission set
forth various housekeeping amendments, as well as additional safety regulations, such as:
• Adding a definition of"high impact periods"in Sec. 70-66 because these periods, currently
defined and cross-referenced in Sec. 46-92(g)(1)(b), are being deleted from Sec. 46-
92(g)(1)(b) in another unrelated ordinance concerning commercial handbills. A
Commission Memorandum —Ordinance Prohibiting Motorized Means of Transportation on Beachwalks
November 19, 2014
Page 4 of 4
corresponding amendment is made in Sec. 70-67(g).
• Amending the definition of motorized means of transportation to exempt motorized devices
and wheelchairs when used by disabled persons, and making corresponding amendments
throughout Division 2.
• Amending Sec. 70-67 to add South Pointe Park Pier to the list of areas where motorized
means of transportation are prohibited, as well as making certain clarifying clean-up
amendments.
• Making the responsibilities applicable to EPAMDs users in Sec. 70-69 also applicable to
users of other motorized means of transportation.
• Amending Sec. 70-70, regarding the responsibilities of persons and entities that rent
EPAMDs,to strengthen the licensing,certification,and document requirements;expand the
requirements regarding the providing of a combined release, hold harmless and
acknowledgments by renters; and adding regulations regarding tours and prohibitions
regarding towed objects or persons.
• Amending Sec. 70-71 to provide minor housekeeping amendments.
Subsequent to the City Commission meeting on October 22,2014,and during the NCAC meeting on
October 31, 2014, additional modifications to the Ordinance were discussed and recommended by
the NCAC, including the following:
• Deleting the requirement that the street address and phone number of the entity renting,
leasing, or providing tours of EPAMDs be on the device (see'Sec. 70-70(n)).
• Adding a requirement that the tour leader of EPAMDs wear a shirt with the name of the
entity conducting the tour in lettering at least 4 inches in height on the front and back of the
shirt(see Sec. 70-70(e)(4)).
• Clarifying that violations written by a Code Compliance Officer may alternatively be written by
a Police Officer(see Secs. 70-66 and 70-71(b)).
At the October 31, 2014 NCAC meeting, the Committee also discussed potential regulations for
motorized "toy"vehicles, such as motorized skateboards, and recommended that"toy"vehicles be
regulated separately.
In addition,the following items,which had been included in first reading, have been removed at the
request of the Ordinance sponsor, Commissioner Jonah Wolfson.The removal of these items were
not included in the printed NCAC agenda for October 31, 2014 and were not discussed by the
Committee, but were included in the red-lined handout at the NCAC meeting:
• Deleting the proposed prohibition of roller skating and in-line skating on Lincoln Road (see
Sec. 70-67(a)).
• Removing the requirement that EPAMD operators only travel in single file during a tour(see
Sec. 70-69(c)(5)).
• Eliminating the verbal notification of insurance coverage cancellation (see Sec. 70-70(b)).
In addition, a scrivener's error in Sec. 70-70 (a)(3)was corrected after First Reading.
RECOMMENDATION
In the interest of public safety and in response to public input received at the October 22,2014 City
Commission meeting, and at the October 31, 2014 NCAC meeting, the Administration is
recommending the additional safety regulations and housekeeping amendments set forth in the
Ordinance.
Attachment: Map of Prohibited Areas
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