2015-3920 Ordinance ORDINANCE NO. 2015-3920
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 70-67, ENTITLED
"PROHIBITED ACTIVITIES," BY PROHIBITING BICYCLING,
ROLLER SKATING, IN-LINE SKATING, AND SKATEBOARDING ON
THE EAST SIDE OF OCEAN DRIVE; 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
TO INCLUDE PERSONS AND BUSINESS ENTITIES PROVIDING
RENTALS, LEASES, AND/OR TOURS OF OTHER MOTORIZED
MEANS OF TRANSPORTATION, AND CORRECTING
SCRIVENER'S ERRORS THEREIN; BY AMENDING SECTION 70-
71, ENTITLED "ENFORCEMENT; PENALTIES," BY AMENDING
THE ENFORCEMENT AND PENALTY PROVISIONS
THEREIN; AND 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 316.008 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 to regulate the operation of
bicycles and 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 have 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 Ordinance Nos. 2012-3780, 2014-3862, 2014-3881, 2014-3883, and
2014-3908; and
WHEREAS, Chapter 70 of the City Code provides, among other things, for
responsibilities of persons and business entities that rent, lease, and/or provide tours of electric
personal assistive mobility devices so that such activities are conducted in the interest of public
safety; and
WHEREAS, the Mayor and City Commission have determined that additional regulations
for persons and businesses entities that provide rentals, leases, and/or tours of other types of
motorized means of transportation, as defined in Chapter 70 of the City Code, are necessary in
the interest of safety; and
WHEREAS, in furtherance of pedestrian safety concerns on the sidewalks on the east
side of Ocean Drive between South Pointe Drive and 15th Street, the Mayor and City
Commission have determined that bicycling, roller skating, in-line skating, and skateboarding
should be prohibited at all times on such sidewalks; and
WHEREAS, the Mayor and City Commission have also determined that amendments to
the enforcement and penalty provisions in this Ordinance are needed in the interest of the public
health, safety, and welfare.
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 set forth herein. In addition, the provisions in Sections 70-66, 70-68, and
70-69 are provided for reference purposes.
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
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
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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 the
city manager during which one or more of the following occur:
(i) There is a designated major event period;
(ii) A maintenance of traffic plan is required (e.g., including, but not limited to,
street closures, lane closures, shuttle service);
(iii) 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.
Rail sliding means an activity similar to curb or edge grinding. Handrails are often
used for rail sliding, in which the skater jumps to the top of the rail and slides down the
decline.
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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, 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 east and
west sides of Ocean Drive between South Pointe Drive and 15th Street and on the
e e_-_- _t► Street and 15th Street at any time.
(c) It shall be unlawful to operate, at any time, any motorized means of transportation;
in, on, or upon any portion of:
(1) the Beachwalk between 15th and 23rd Streets, between 64th
and 79th Streets, south of 5th Street, and on any additional
segments of the Beachwalk that may be constructed in the
future;
(2) the Lummus Park Promenade (also known as the Lummus
Park Serpentine Walkway) between 5th and 15th Streets;
(3) the sidewalks on the east and west sides of Ocean Drive
between South Pointe Drive and 15th Street;
(4) the South Pointe Park Cutwalk adjacent and parallel to
Government Cut;
(5) 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.
(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.
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(f) It shall be unlawful to grind, rail slide, launch, stall or to engage in any other such
type of activity on 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 on any street or road
that is closed to motor vehicle traffic by the Police Department for events during high
impact periods.
(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 motorized
means of transportation.
(a) It shall be unlawful for any person to engage in bicycling, skateboarding, in-line
skating, roller skating, or operating a motorized means of transportation in the
following areas:
(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; and
(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 a motorized means of transportation where otherwise not
prohibited, such person:
(1) shall engage in such activity at a safe speed which does
not endanger the safety of pedestrians or others;
(2) shall not obstruct or endanger pedestrian or vehicular
traffic;
(3) shall yield the right-of-way to any pedestrian, and shall give
an audible signal before overtaking and passing such
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pedestrian; and
(4) 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 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; and
(2) Shall not operate the motorized means of transportation between sunset
and sunrise or during inclement weather.
(e) Whenever a person is operating a motorized means of transportation, such
person shall comply with all applicable federal, state, and county regulations,
administrative rules, and laws, and all applicable administrative rules established
by the city.
Sec. 70-70. Responsibilities of persons and business entities providing rentals, leases,
and/or tours of - - - - - . - - - motorized means of transportation
devices.
Except in those instances in which any of the following requirements and prohibitions are
expressly limited to electric personal assistive mobility devices and/or other specified devices,
Aany person or business entity that rents, leases, and/or provides tours for
acx,istive mobility motorized means of transportation 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:
(1) the insurance requirements in Sec. 70-70(b);
(2) the speed certification requirements of Sec. 70-70(c); and
(3) the document requirements in Sec. 70-70;
(b) 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
6
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 - - - :- e'- - • - ••= ' motorized
means of transportation 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 written notification of the cancellation of such coverage,
said person or business entity shall immediately advise the City in writing of such
notification and cease the lease, rental, and/or use of the motorized means of
transportation devices;
(c) Provide an annual certificate from an authorized - -- •- :- e-- - • • -
dealer, of the applicable motorized means of transportation
device, 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 for rent, lease, or tour and that the
device 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( )(f) and Sec. 70-70( )(,g.), all as acceptable
to the city attorney, signed by all renters of - -- •- :- e"- - • .. - ••::' '
motorized means of transportation 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, a-Rd hold harmless agreement, and
acknowledgements;
(e) Lease, rent, or use electric personal assistive mobility devices:
(1) only for tours;. but such tours shall not be operated a) on the grassy or
sandy areas or the interior pathways of any public park. or b) in any other
place where the operation of electric personal assistive mobility devices is
otherwise prohibited
(2) tours shall only be conducted between sunrise and sunset and not during
inclement weather;
(3) tours shall be limited to eight (8) tour customers and one (1) employee
tour leader; and
(4) 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 shirk
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(g) Lease, rent or provide tours on electric personal assistive mobility devices only to
persons 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;
(g)(h) Provide training as to the safe operation of - -_ _ :- e'- - • •• - "e e• • •
motorized means of transportation 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 - _ _ :- e'- - • • - -•e e• • device;
(h)(+) Provide each renter of a electric personal asfistive mobility motorized means of
transportation devices with a City approved summary of Sections 70-66 through
70-71 of the City Code and the City's map of prohibited areas of operation;
(i){t) 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 - -- '- =- e'- - • '• - --e e• • motorized means of
transportation devices are leased or rented;i
(jW Not lease, rent or provide tours on - -_ _ :- :-- . • •. - ••:: • motorized
means of transportation devices that:
(1) are, or are suspected to be, unsafe for use;
(2) not set to a maximum speed of 8 mph; and/or
(3) have a trailer or any other passengers, or towed objects or persons;
(k)(-l-) Not lease, rent or provide tours to persons who:
(1) are believed to be intoxicated or under the influence of any
drug or substance that impairs the operator's ability to
operate the - -- •.. e- e'- - • • - ••: • motorized
means of transportation device;
(2) act with reckless disregard or indifference to the safety of
Others;i and/or
(3) are incompetent to operate _ - - -- - -- e'- - • •mobility a motorized means of transportation device;
(I)(m) Promptly report any accidents involving leased or rented electric personal
assist' motorized means of transportation devices to the Miami Beach
Police Department and Miami Beach Fire Rescue;
(m)(n) Securely affix the name 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; and
(n)(o) Comply with all administrative rules that may be established by the city regarding
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rentals, leases, tours, and the safe operation of electric personal assistive
mobility motorized means of transportation devices.
Sec. 70-71. Enforcement; penalties.
(a) A violation of the provisions in sections 70-67 and 70-69 (a) and (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(b). and (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(b) and
(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;
b. Pay the civil fine as follows for violations of sections 70-70(a) and
(c)f€14-01):
(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
9
•
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(b) or (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
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.
(8) 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.
10
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 / day of Fe/x144/y , 2015.
PASSED AND ADOPTED this 1/ day of Febic'or , 2015.
ATTEST: ; ,',/
/
/ 41 l% Philip Levine a '7
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R• ael E. Granado, r.
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Exhibit B
Alternative Proposed by Mr. Stolar
Sec. 70-71. Enforcement; penalties.
(a) A violation of the provisions of this Division 2 in sections 70 67 and 70 69(a) (c)
bicycling, skateboarding, in line skating, roller skating, or operating any
(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:
* * *
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 70-67, Entitled "Prohibited Acitivities," By Prohibiting Bicycling, Roller Skating, In-Line Skating, And
Skateboarding On The East Side of Ocean Drive from 5th to 15th Streets; 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 To Include Persons And Business Entities
Providing Rentals, Leases,And/Or Tours Of Other Motorized Means Of Transportation,And Correcting Scrivener's Errors
Therein; By Amending Section 70-71, Entitled "Enforcement; Penalties," By Amending The Enforcement And Penalty
Provisions Therein;And 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 Summary/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 Dr.between South Pointe Drive and 15th St.
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 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.
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 matter of 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,an Ordinance was presented to the City Commission on October 22,2014 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 were 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.
At the November 19,2014 City Commission meeting,Ordinance No.2014-3908 was adopted,as amended on the floor,to
include roller skating and in-line skating as prohibited activities on Lincoln Road.At the same Commission meeting, the
Commission requested the Administration to bring back a proposed new Ordinance to the December 17,2014 Commission
meeting.The new Ordinance would address amendments to Section 70-70 to provide responsibilities for businesses and
persons that rent or lease other types of motorized means of transportation,such as motorized skateboards.
The Ordinance was adopted on First Reading at the December 17, 2014 City Commission meeting. At the Second
Reading/Public Hearing at the January 14,2015 Commission meeting,amendments were made and approved on the floor by
the Commission.The proposed ordinance was revised to reflect the approved amendments.In the interest of public safety,the
Administration is recommending that the additional regulations and housekeeping amendments set forth in the proposed
Ordinance be adopted.
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 ' y Manager City ana er
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f-11- MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachFl.gov
COMMISSI A N MEMORANDUM
TO: Mayor Philip Levine and Members of the City •"•mmission
FROM: Jimmy L. Morales, City Manager
DATE: February 11, 2015 S:COND EADING/PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE MAY. - AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORID AMENDING CHAPTER 70 OF THE
CODE OF THE CITY OF MIAMI BE CH, 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 70-67, ENTITLED "PROHIBITED ACTIVITIES," BY
PROHIBITING BICYCLING, ROLLER SKATING, IN-LINE SKATING,
AND SKATEBOARDING ON THE EAST SIDE OF OCEAN DRIVE FROM
5TH TO 15TH STREETS; 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 TO INCLUDE
PERSONS AND BUSINESS ENTITITIES PROVIDING RENTALS,
LEASES, AND/OR TOURS OF OTHER MOTORIZED MEANS OF
TRANSPORTATION, AND CORRECTING SCRIVENER'S ERRORS
THEREIN; BY AMENDING SECTION 70-71, ENTITLED
"ENFORCEMENT; PENALTIES," BY AMENDING THE ENFORCEMENT
AND PENALTY PROVISIONS THEREIN; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
This Ordinance is sponsored by Commissioners Jonah Wolfson and Michael Grieco.
ADMINISTRATION RECOMMENDATION
This Ordinance was adopted on First Reading on December 17, 2014. At the Second
Reading/Public Hearing. on January 14, 2015, amendments were made and approved by the
City Commission and the public hearing was continued to February 11, 2015. 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—New Motorized Means of Transportation Ordinance
February 11, 2015
Page 2 of 6
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
Ordinance No. 2012-3750 and Resolution No. 2012-28041
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.
Commission Memorandum —New Motorized Means of Transportation Ordinance
February 11, 2015
Page 3 of 6
Ordinance No. 2014-3862
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 23rd 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
• 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 as Exhibit A is a map depicting the City's coastal pathways, both existing and planned,
where motorized means of transportation are currently prohibited by the City Code and by US
Code provisions applicable to federally funded segments of the Beachwalk.
Ordinance No. 2014-3881
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.
Ordinance No. 2014-3883
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 (Resolution No. 2012-28041 was,
thus, subsequently repealed by Resolution No. 2014-28854) 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.
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.
Commission Memorandum —New Motorized Means of Transportation Ordinance
February 11, 2015
Page 4 of 6
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.
Ordinance No. 2014-3908
Pursuant to the above directions, Ordinance No. 2014-3908 was presented to the City
Commission on October 22, 2014 and the NCAC on October 31, 2014. The amendments
incorporated many of the resident and City staff recommendations.
The Ordinance presented on 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
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, were removed at the
request of the Ordinance sponsor, Commissioner Jonah Wolfson. The removal of these items
Commission Memorandum—New Motorized Means of Transportation Ordinance
February 11, 2015
Page 5 of 6
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.
At the November 19, 2014 City Commission meeting, Ordinance No. 2014-3908 was adopted,
as amended on the floor, to include roller skating and in-line skating as prohibited activities on
Lincoln Road.
PROPOSED ORDINANCE
At the November 19, 2014 City Commission meeting, the Commission requested the
Administration to bring back a proposed new Ordinance to the December 17, 2014 Commission
meeting. The new Ordinance would address amendments to Section 70-70 to provide
responsibilities for businesses and persons that rent or lease motorized means of transportation
other than EPAMDs, such as motorized skateboards. Currently, the regulations in Section 70-
70 only apply to businesses or persons that rent or lease EPAMDs. Motorized skateboards, and
other such devices, pose a safety risk to pedestrians and traffic, thus, such devices also require
regulations with regard to their rental or lease.
The proposed Ordinance represents the response from the Administration to the Commission's
request. This Ordinance was adopted on First Reading at the December 17, 2014 City
Commission meeting.
At the Second Reading/Public Hearing at the January 14, 2015 Commission meeting, the
following amendments were made and approved on the floor by the City Commission:
• Section 70-67 (b) was amended to add the sidewalk on the east side of Ocean Drive
between 5th and 15th Streets as a location where bicycling, roller skating, in-line
skating, and skateboarding are prohibited.
• Section 70-71 was amended to provide that the chaining of bikes to objects other than
bike racks on Lincoln Road and Ocean Drive (see Sec. 70-69(b)) may be enforced by
either code or police officers as a code violation that carries a fine. Currently this
offense may only be enforced by police officers as a noncriminal infraction under
Florida law.
Thus, the proposed Ordinance was revised to reflect the above-reference amendments, and
Sections 70-66, 70-68, and 70-69, which were not amended, were set forth in the Ordinance for
reference purposes.
Subsequent to the January 14, 2015 Commission meeting, a new proposal was submitted by
Mr. Henry Stolar as set forth in Exhibit B. The proposal would amend the enforcement and
penalty provisions in Section 70-71 to provide that all violations of the provisions in Division 2 of
Article II of Chapter 70 would be enforced by code compliance officers (which include police
officers)with fines and penalties provided solely under the City's Special Master system.
Commission Memorandum —New Motorized Means of Transportation Ordinance
February 11, 2015
Page 6 of 6
Under the present version of the Ordinance, certain violations are enforced by police officers
with statutory penalties under Florida Law, and other violations are City Code violations which
are enforced by code compliance officers under the City's Special Master system. As the nature
of many of the violations in Division 2 concern persons engaged in operating or traveling on
wheeled or motorized devices ("moving violations"), as opposed to other "stationary" violations
(regarding business insurance, device certifications, and document requirements, etc.), the
enforcement of the former only by police officers that possess the authority to stop, detain, and,
if necessary, arrest violators establishes a more efficient and complete method of enforcement.
"Moving violations" have a more immediate potential to endanger the safety of pedestrians and
the public (e.g., operating a motorized means of transportation on a prohibited sidewalk or on
the Beachwalk, Cutwalk, etc.). In addition, the enforcement by police officers for these types of
offenses results in more serious statutorily prescribed penalties and prosecution in County
Court.
RECOMMENDATION
In the interest of public safety, the Administration recommends that the additional regulations
and housekeeping amendments set forth in the proposed Ordinance be adopted.
Attachments: Exhibit A. Map of Prohibited Areas
Exhibit B. Alternative Proposed by Mr. Stolar
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