Ordinance 2019-4248 ORDINANCE NO. 2019-4248
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, MOTORIZED MEANS. OF
TRANSPORTATION, ELECTRIC BICYCLING, MOPEDS,
MOTORCYCLES, MOTORIZED BICYCLES, AND MOTORIZED
SCOOTERS," BY AMENDING SECTION 70-70.1, ENTITLED
"RESPONSIBILITIES OF PERSONS AND BUSINESS ENTITIES
PROVIDING RENTALS OR LEASES OF MOPEDS,
MOTORCYCLES, AND MOTORIZED BICYCLES," TO AMEND
THE REGULATIONS APPLICABLE TO THE RENTAL OR LEASE
OF MOPEDS, MOTORCYCLES, AND MOTORIZED BICYCLES;
AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the City's is considered a domestic and international resort destination; and
WHEREAS, the City has seen an increasingly large number of visitors during the period
when high schools, colleges, and universities across the country recess for Spring Break; and
WHEREAS, the large number of visitors who rent mopeds, motorcycles powered by
motors with a displacement of 50 cubic centimeters or less, and motorized bicycles do so in order
to move around the City; and
WHEREAS, due to their small size, mopeds, motorcycles powered by motors with a
displacement of 50 cubic centimeters or less, and motorized bicycles may be used to weave in
and out of traffic, and on and off of sidewalks and bicycle paths, endangering pedestrians, cyclists,
and operators of other motor vehicles; and
WHEREAS, on May 16, 2018, the Mayor and City Commission adopted Ordinance No.
2018-4196, amending Chapter 70 of the City Code, entitled"Miscellaneous Offenses,"to establish
regulations for the rental or lease of electric bicycles, mopeds, motorcycles, motorized bicycles,
and motorized scooters; and prohibit the rental or lease of a moped, motorcycle that is powered
by a motor with a displacement of 50 cubic centimeters or less, or motorized bicycle, during
specified dates each year; and
WHEREAS, on January 16, 2019, the Mayor and City Commission adopted Ordinance
No. 2019-4232 amending section 70-70.1 of the City Code, entitled "Responsibilities of persons
and business entities providing rentals or leases of mopeds, motorcycles, and motorized bicycles"
to remove the prohibition regarding the rental or lease of a moped, motorcycle or motorized
bicycle during specified dates each year, and set forth certain requirements with which those
persons and business entities that provide rentals or leases of mopeds, motorcycles and
motorized bicycles must comply; and
WHEREAS, the Mayor and City Commission desire to adopt those additional subsequent
corrective amendments set forth herein,to further promote the public safety of the City's residents,
visitors and businesses.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, 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,
Motorized Means of Transportation, Electric Bicycling, Mopeds, Motorcycles, Motorized
Bicycles, and Motorized Scooters
* * *
Sec. 70-70.1. Responsibilities of persons and business entities providing rentals or
leases of mopeds, motorcycles, and motorized bicycles.
(a) Any person or business entity that engages in the rental or lease of mopeds, motorcycles
that are powered by a motor with a displacement of 50 cubic centimeters or less, or
motorized bicycles, must:
(1) provide a copy of the provisions of this section to each consumer prior to the
consumer renting or leasing a moped, motorcycle that is powered by a motor with
a displacement of 50 cubic centimeters or less, or motorized bicycle;
(2) obtain an assigned alphabetical character from the City, which must be utilized
exclusively by the person or business entity as the first character in each unique
device ID number required pursuant to this section;
(3) create a unique device ID number for each moped, motorcycle that is powered by
a motor with a displacement of 50 cubic centimeters or less, and motorized bicycle
that is leased or rented, and such unique device ID number must be comprised of
a total of 3 alphanumeric characters, beginning with the alphabetical character
assigned by the city, and followed by 2 numerical characters;
2
(4) securely affix the unique device ID number, in a location not likely to be obscured
by the body of the rider or passenger, to the front, left rear side and right rear side
of each moped, motorcycle that is powered by a motor with a displacement of 50
cubic centimeters or less, and motorized bicycle that is leased or rented, in lettering
and numbering at least four inches in height and in a contrasting color to the
background upon which it is affixed;
f2 (5) securely affix the name and telephone number of the person or business entity
that rents or leases such mopeds, motorcycles, or motorized bicycles, as well as
four inches in height, on the front and back of in a location not likely to be obscured
by the body of the rider or passenger, to the left and right sides of each moped,
motorcycle powered by a motor with a displacement of 50 cubic centimeters or
less, and motorized bicycle that is leased or rented in lettering at least two inches
in height and in a contrasting color to the background upon which it is affixed;
(-3).0). install and maintain a fully operable global positioning system (GPS) tracking
device onto each moped, motorcycle powered by a motor with a displacement of
50 cubic centimeters or less, and motorized bicycle that is leased or rented;
{44-El on an annual basis, provide the city manager with a written notice certifying that a
fully operable GPS tracking device has been installed onto each moped,
motorcycle powered by a displacement of 50 cubic centimeters or less, and
motorized bicycle; and
(5)M on the first day of each month, unless the first day of the month falls on a Saturday,
Sunday or a legal holiday, in which case the next business day, submit a certificate
to the Chief of Police, or his/her designee, identifying each moped, motorcycle
powered by a motor with a displacement of 50 cubic centimeters or less, and
motorized bicycle that is leased or rented. The certification must include:
a the unique device ID number, along with the corresponding license plate
number, for each moped, motorcycle powered by a motor with a
displacement of 50 cubic centimeters or less, and motorized bicycle that is
leased or rented; and
b. the date, time and location of each moped, motorcycle powered by a motor
with a displacement of 50 cubic centimeters or less or motorized bicycle,
that was disabled pursuant to a notification of improper operation for the
preceding month.
provide the city's police department and code compliance department with a phone
number at which the person or business entity may be contacted 24 hours a day,
seven days a week, regarding potential violations of this section.
3
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
If any section, 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 part of the Code
of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered or
relettered 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 /9 day of MQNck. , 2019.
PASSED AND ADOPTED this day of MrCh2 , 2019.
ATTEST: AlAli'.
ban Gelber, Ma •
/ 3/fit
Rafael E. Granado, City Clerk APPROVED AS TO
FORM ' WAGE
(Sponsored by Commissioner John Elizabeth Aleman) '' ION
Underline denotes additions •
ike eugh denotes deletionstiori
=1 C,
���..vaw L
B
l\
I1�!CORP ORATED
4
Ordinances -R5 A
MIAMI BEA
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, City Attorney
DATE: March 4, 2019
12:59 p.m. Second Reading Public Hearing
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,AMENDING CHAPTER 70 OF THE CODE OF
THE CITY OF MIAMI BEACH, ENTITLED "MISCELLANEOUS OFFENSES,"
BYAMENDING ARTICLE II, ENTITLED "PUBLIC PLACES," BYAMENDING
DIVISION 2, ENTITLED "BICYCLING, SKATEBOARDING, ROLLER
SKATING, IN-LINE SKATING, MOTORIZED MEANS OF
TRANSPORTATION, ELECTRIC BICYCLING, MOPEDS, MOTORCYCLES,
MOTORIZED BICYCLES, AND MOTORIZED SCOOTERS," BY AMENDING
SECTION 70-70.1, ENTITLED "RESPONSIBILITIES OF PERSONS AND
BUSINESS ENTITIES PROVIDING RENTALS OR LEASES OF MOPEDS,
MOTORCYCLES, AND MOTORIZED BICYCLES," TO AMEND THE
REGULATIONS APPLICABLE TO THE RENTAL OR LEASE OF MOPEDS,
MOTORCYCLES, AND MOTORIZED BICYCLES; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
RECOMMENDATION
Pursuant to the request of Commissioner John Elizabeth Aleman, the above-referenced
Ordinance is submitted for Second Reading/Public Hearing by the Mayor and City Commission
at the March 4, 2019 Commission meeting.
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner John Elizabeth Aleman
ATTACHMENTS:
Description
D Ordinance
D Ad
Page 3 of 12
. ._. .
.,. .
MIAMIBEACH
CITY OF MIAMI BEACH
. . .
: ,. . ., . • , .: :
... ....- . 'NOTICE OF SPECIAL COMMISSION MEETING
• .:::'•
N
SECOD READING/PUBLIC HEARING OF PROPOSED
. , . . ... • _ .
ORDINANCE AMENDING THE REGULATIONS APPLICABLE
TO THE RENTAL OR LEASE.OF MOPEDS, MOTORCYCLES,,k
. 'AND MOTORIZED BICYCLES, '1.. • I .
=: ' .,: ' : •
March 4, 2019
NOTICE IS HEREBY given that pursuant to Miami Beach Charter Section 2.04; Mayor Dan
...,_,...._,..„-., ., , .
Gelber has celled a:Special Meeting of the Cornmission,in the Commission Chamber, Third
, •
Floor City_Halk 1700 Convention Center Drive, Miami Beach, Florida on March 4, 2019 at • ' :
•
12 59 pc.rn,.td'hear the Second Reading/Public.Hearing of the following proposed Ordinance: ;
- .'.' '''••AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
.. „ ,. ,
• 7 • - OF MIAMI-BEACH;FLORIDA,AMENDING CHAPTER 70 OF THE CODE OF -... I
..
THE CITY OF'MIAMI BEACH, ENTITLED"MISCELLANEOUS OFFENSES," : , i I•
BY AMENDING ARTICLE II, ENTITLED "PUBLIC PLACES," BY AMENDING
' • ' DIVISION 2,ENTITLED BICYCLING SKATEBOARDING,ROLLER SKATING, 1
. ,
• •, IN-LINE SKATING,MOTORIZED MEANS OF TRANSPORTATION,ELECTRIC ,
• BICYCLING; MOPEDS, MOTORCYCLES, MOTORIZED BICYCLES, AND
; •,-,."MOTORIZED SQOOTERS," BY AMENDING SECTION 70-70.1, ENTITLED , :•
' . . "RESPONSIBILITIES OF PERSONS AND BUSINESS ENTITIES PROVIDING:
fTh. RENTALS OR LEASES OF MOPED , MOTORCYCLES,AND MOTORIZED
.
. ''.BICYCLES,"TO AMEND THE REGULATIONS APPLICABLE TO THE RENTAL E. .
'OR LEASE OF MOPEDS, MOTORCYCLES, AND MOTORIZED BICYCLES;
AND PROVIDING FOR REPEALER, SEVERABILITY,'CODIFICATION, AND
- -AN EFFECTIVE DATE.'This Ordinance is being heard pursuant toSectioni.05 - .,::. :• :
of the City Charter and§166.041 F.S.Inquiries may be directed to the Office
of the City Attorney at 305:67a7470.
1 ,
. ,, ...
. . ..-."
INTERtTED PARTIES are invited to appear et this meeting,or be represented by an agent or
...
to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700
Convention Center Drive, V'Floor, City Hall, Miami Beach, Florida 33139.A copy of this Item
uaaVailable for public inspection during normal business hours in the Office of the City Clerk,
1700 Convention Center Drive, V'Floor, City Hall, Miami Beach, Florida 33139.This meeting,
or any item therein, may be continued, and under such circumstances,additional legal notice .
need nottie provided.
„ .
Pursuant to Section 286.0105, Fla. Stat.,the City hereby advises the public that if a person
debides to aPpear arty decision made by the City-Commission with.respect to any matter
considered at its meeting or Its hearing,such periciri must ensure that'a verbatim record of
the proceedings is made which record includes the testimony and,evidence upon which the
. ,
appeal is to be based.This notice does not constitute consent by the City for the introduction
or admission of otherwise inadmissible or irrelevant evidence,nor does it authorize challenges
or appeals not otherwise allowed by law. .
• __ t
, I
Members of the public may present audio/visual (AV) materials relating to Agenda Items at
. g
, • .
Commission meetings held in the Commission Chamber by utilizing the City's AV equipMent, .m '
:provided thatinaterials are submitted to the Department of Marketing and Communications by• N;t:
8:30,a.m., one„(1)business day.prior to the meeting.Advance submittal of a presentation will. =.
allow the COInmunications Department to plan for the use of the appropriate AV equipment.AV e ,
materials may be submitted via email at communicationa@miamibeachfLaui;or hand delivered . 1,
ilia jump drive;CO or DVD to:Attention:Department of Marketing and Communications, 1701 , . . •
Meridian AvenUe;Oh Fiber,Miami Beach,FL 33139.Pieeentations,videos;or links must include
a label noting the name or group, contact person,daytime telephone number,email address,
description/title of the presentation and Agenda Item Title as well as the Agenda Item number...,
Acceptable formats for electronic submission are .pdf, .ppt, .pptx,.Pps, .ppsx, .wmv, .aviatid
,
:Mov.(Note that.pdf is the preferred format for PowerPoint presentations.)
To request this material in alternate format sign language Interpreter(five-day notice reqUired),
information on access for persons with disabilities, and/or any accommodation to review any I
, . ,,
document or participate in anjtgity'spentored Proceedings, call 305,604.2489 and select
option 6:-TTY users may call via 711 (Florida Relay Serviae). ,: . „ . '• : „. • . ,
Rafael E.Granado,City Clerk
City of Miami Beach
,. ,..
030419 01' • - . :'.,. :
10,,,!!,7!. .1-4,, c.-4.F7m ltrIP*4...,•it-..:24,:7,54 -: =,
Page 8 of 12 .