Ordinance 2020-4356O R D IN A N C E N O .
A N O R D IN A N C E O F T H E M A Y O R A N D C IT Y C O M M IS S IO N O F T H E
C IT Y O F M IA M I B E A C H , F L O R ID A , A M E N D IN G C H A P T E R 7 0 O F T H E
C O D E O F T H E C ITY O F M IA M I B E A C H , F L O R ID A , E N T IT L E D
"M IS C E L L A N E O U S O F F E N S E S ," B Y A M E N D IN G S E C TI O N 7 0 -7 0 .1
T H E R E O F , E N T IT L E D "R E S P O N S IB ILI T IE S O F P E R S O N S A N D
B U S IN E S S E N T IT IE S P R O V ID IN G R E N T A L S O R L E A S E S O F
M O P E D S , M O T O R C Y C L E S , A N D M O T O R IZ E D B IC Y C L E S ," B Y
LI M IT IN G T H E T O T A L N U M B E R O F M O P E D S , M O T O R C Y C L E S , A N D
M O T O R IZ E D B IC Y C L E S W H IC H P E R S O N S A N D B U S IN E S S
E N T IT IE S M A Y R E N T O R L E A S E ; B Y A U T H O R IZ IN G T H E C ITY
M A N A G E R T O P R O H IB IT T H E R E N T A L O R L E A S E O F M O P E D S ,
M O T O R C Y C L E S , A N D M O T O R IZ E D B IC Y C L E S U P O N
D E C LA RA T IO N O F A H IG H IM P A C T P E R IO D ; B Y P R O H IB IT IN G T H E
O V E R N IG H T R E N T A L O R L E A S E O F M O P E D S , M O T O R C Y C L E S ,
A N D M O T O R IZ E D B IC Y C L E S ; A N D B Y A M E N D IN G S E C TI ON 7 0 -7 1
T H E R E O F , E N T IT L E D "E N F O R C E M E N T , P E N A L T IE S ," B Y S E T T IN G
F O R T H A D D IT IO N A L P E N A L T IE S F O R V IO LA T IO N S O F S E C TI ON 7 0 -
7 0 .1 ; A N D P R O V ID IN G F O R R E P E A L E R , S E V E RA B ILI T Y ,
C O D IF IC A T IO N A N D F O R A N E F F E C T IV E D A T E .
2020-4356
WHEREAS, the City of Miami Beach (the "City") is an internationally renowned
tourist destination; and
WHEREAS, due to the City's domestic and international popularity as a resort
destination, many events, both authorized by City permits and otherwise, occur on a
regular and frequent basis; and
WHEREAS, the large influx of visitors places additional stress on the City's
infrastructure, including the City's beaches, parks, roadways and sidewalks, and places
increased demands on the City's police, fire, code compliance and sanitation resources;
and
WHEREAS, these additional stressors include the large number of visitors who
rent mopeds, motorcycles powered by motors with a displacement of 50 cubic
centimeters or less, and motorized bicycles, largely in order to "joyride" 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 sidewalks and bicycle paths, thereby
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,
m otorcycles, m otorized bicycles, and m otorized scooters; and pro hibit the rental or lease
of a m oped, a m otorcycle that is pow ered by a m otor with a displacem ent of 50 cubic
centim eters or less, or a m otorized 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
instead set forth certain requirements with which those persons and business entities that
provide rentals or leases of mopeds, motorcycles powered by motors with a displacement
of 50 cubic centimeters or less, and motorized bicycles must comply; and
WHEREAS, the Mayor and City Commission, and City Administration continue to
receive numerous complaints regarding the careless and illegal operations of these
rented and leased mopeds, motorcycles that are powered by a motor with a displacement
of 50 cubic centimeters or less, and motorized bicycles within the City; and
WHEREAS, City Police Department records demonstrate that the increased
presence of businesses within the City that rent and lease mopeds, motorcycles that are
powered by a motor with a displacement of 50 cubic centimeters or less, and motorized
bicycles, continues to result in a large number of violations of State and local laws, and
generate a great deal of complaints of dangerous and reckless conduct; and
WHEREAS, in light of the dangers posed by increased numbers of rented and
leased mopeds, motorcycles that are powered by a motor with a displacement of 50 cubic
centimeters or less, and motorized bicycles in the City, the Mayor and City Commission
desire to adopt the amendments set forth herein, as necessary to promote the public
safety of the City's residents and visitors.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. Division 2 of Article 11 of Chapter 70 of the Code of the City of Miami Beach
is hereby amended as follows:
CHAPTER 70
y ¥ ¢
MISCELLANEOUS OFFENSES
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ARTICLE II. Public Places
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DIV IS IO N 2. Bicycling, Skateboarding, Roller Skating, In -Li ne Skating, M otorized
M eans of Transportation, Electric Bicycling, M opeds, M otorcycles, M otorized
Bicycles, and M otorized 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 three alphanumeric characters, beginning with the
alphabetical character assigned by the city, and followed by two numerical
characters;
(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;
( 5) Securely affix the name and telephone number of the person or business entity
that rents or leases such mopeds, motorcycles, or motorized bicycles, 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;
(6) 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;
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(7) O n an annual basis, pro vide the city m anager w ith a written notice certifying
that a fully operable G PS tracking device has been installed onto each m oped,
m otorcycle pow ered by a displacem ent of 50 cubic centim eters or less, and
m otorized bicycle; and
(8) O n the first day of each m onth, unless the first day of the m onth falls on a
Saturday, Sunday or a legal holiday, in which case the next business day,
submi t a certi ficate to th e chie f of pol ice, or his/h er th e chie f's design e e,
identify ing each m oped, m otorcycle pow ered by a m otor with a displacem ent
of 50 cubic centim eters or less, and m otorized bicycle that is leased or rented.
The certification m ust include:
a. The unique device ID num ber, along with the corresponding license
plate num ber, fo r each m oped, m otorcycle pow ered by a m otor with a
displacem ent of 50 cubic centim eters or less, and m otorized bicycle that
is leased or rented; and
b. The date, tim e and location of each m oped, m otorcycle pow ered by a
m otor with a displacem ent of 50 cubic centim eters or less or m otorized
bicycle, that was disabled pursuant to a notification of im pro per
operation fo r the preceding m onth.
(9) Pro vide the city's police departm ent and code com pliance departm ent with a
phone num ber at which the person or business entity m ay be contacted 24
hours a day, seven days a week, regarding potential violations of this section .
(b) 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, shall only maintain a maximum of twenty-five (25) total
such vehicles within its fleet.
(c) The city manager may, upon declaration of a high impact period, as provided in
section 82-443 of the City Code, order the immediate suspension and closure of any
business entities providing rentals or leases of mopeds, motorcycles that are powered
by a motor with a displacement of 50 cubic centimeters or less, or motorized bicycles.
(d) Prohibition - No overnight rentals or leases
ill No person or business entity shall rent or lease;,or make available for rent or
lease;, or permit another to rent or lease, any moped, motorcycle that is
powered by a motor with a displacement of 50 cubic centimeters or less, or
motorized bicycle between 7 p.m. and 7 a.m. each day .
(2) Persons or business entities providing rentals or leases of mopeds,
motorcycles that are powered by a motor with a displacement of 50 cubic
centimeters or less, or motorized bicycles shall be responsible for ensuring
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that all such rented or leased vehicles are return ed to the business prem ises
prior to 7 p.m . each day.
a. Th e city shall be authorized to impound and confiscate any rented or
leased moped(s), motorcycle(s) that are powered by a motor with a
displacement of 50 cubic centimeters or less, or motorized bicycle(s)
found to be on public property between the prohibited hours of 7 p.m.
through 7 a.m.
(3) Persons or business entities providing rentals or leases of mopeds,
motorcycles that are powered by a motor with a displacement of 50 cubic
centimeters or less, or motorized bicycles shall:
a. Securely affix, 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
vehicle, in clear and conspicuous lettering, that all such rented or leased
vehicles shall be returned to the business premises prior to 7 p.m. each
day; and
b, Require all persons who rent or lease any moped(s), motorcycle(s) that
are powered by a motor with a displacement of 50 cubic centimeters or
less, or motorized bicycle(s) to sign a written acknowledgement that any
such rented or leased vehicles must be returned to the business
premises prior to 7 p.m. each day, and are prohibited from being
operated in the City between the prohibited hours of 7 p.m. through 7
a.m.
* * *
Sec. 70-71.- Enforcement, penalties.
(a) A violation of the provisions in subsections 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), (d), or (e); 70-70; 70-70.1; or 70-
70.2 shall be enforced by a code compliance officer (which, as defined in section 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
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the violation m ay be appealed by requesting an adm inistrative hearing within
te n d a y s a ft e r s e rv ic e o f th e n o tic e o f violation, and that failure to do so shall
constitute an adm ission of the violation and waiver of the right to a hearing.
(2 ) A v io la tor who has been serv ed with a notice of violation shall elect either to:
a. Pay the civil-fine as fo llow s fo r violations of sections 70-69(b), (d), and (e):
(i) First offense ..... $100.00;
(ii) Second offense $250.00;
(iii) T h ir d o ff e n s e $500.00;
(iv ) F o u rt h a n d s ubsequent offenses ..... $1,000.00;
b. Pay the civil fine as fo llow s fo r violations of sections 70-70(a) and (c)-
(n); 70 70.1; and 70-70.2:
(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 fo llow fo r violations of subsection 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. Pay the civil fine and subject violator to such enhanced penalties as
fo llow s fo r violations of section 70-70.1:
ill First offense: $500.00;
(ii) Second offense within the preceding 12 months: $750.00;
(iii) Third offense within the preceding 12 months: $1,500.00 and
suspension of the business tax receipt for 1 week (7 days)
(iv) Fourth offense within the preceding 12 months: $3,000.00 and
revocation of the business tax receipt and certificate of use;
de. Request an administrative hearing within ten 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 subsection 70-70(b), the
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operation of the business m ust cease until the required insurance is
obtained.
(3) If the offense is a fo urth or subsequent offense of subsection 70-69(b), (d), or
(e); subsections 70-70(a) or (c)-(n); section 70 70.1; or section 70-70.2, it
shall also be considered an habitual offender offense and, in addition to the
penalty set fo rth in subsections 70-71 (b )(2)a(iv) and 70-71 (b )(2)b(iv), the city
m anager m ay issue an adm inistrative com plaint fo r the suspension or
revocation of a business tax receipt and certificate of use as pro vided in
sections 102-383 thro ugh 102-385.
(4) If the nam ed violator, after notice, fails to pay the civil fine or fails to tim ely
request an adm inistrative hearing befo re a special m aster, the special m aster
shall be info rm ed of such failure by report from the code com pliance officer.
Failure of the nam ed violator to appeal the decisions of the code com pliance
officer within the prescribed tim e period shall constitute a w aiver of the
violator's right to adm inistrative hearing befo re the special m aster. A w aiver of
the right or an adm inistrative hearing shall be treated as an adm ission of the
violation and penalties m ay be assessed accordingly. The special m aster shall
be pro hibited from hearing the m erits of the notice of violation or consideration
of the tim eliness of the request fo r an adm inistrative hearing if the violator has
failed to request an adm inistrative hearing w ithin ten days of the issuance of
the notice of violation.
(5) Any party aggrieved by the decision of the special m aster m ay appeal the
decision in accordance with law .
(6) The city m ay institute pro ceedings in a court of com petent jurisdiction to
com pel paym ent of civil fines.
(7) A certified copy of an order im posing a civil fine m ay be recorded in the public
records and thereafter shall constitute a lien upon any other real or personal
pro perty ow ned by the violator and it m ay be enfo rced in the sam e m anner as
a court judgm ent by the sheriffs of this state, incl uding levy against the
personal pro perty, but shall not be deem ed to be a court judgm ent except fo r
enfo rcem ent purposes. After tw o m onths fro m the fil ing of any such lien w hich
rem ains unpaid, the city m ay fo reclose or otherw ise execute upon the lien.
(8) The pro cedure s fo r appeal of the notice of violation by adm inistrative hearing
shall be as set fo rth in sections 30-72 and 30-73.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
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S ECTION 3. SEVERA BILI TY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way
affect the validity of the remaining portions of this ordinance.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach,
and it is hereby ordained that the provisions of this ordinance shall become and be made
a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may
be renumbered or re-lettered to accomplish such intention, and the word" ordinance" may
be changed to" section," article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the 2day or oktnob;2020.
PASSED and ADOPTED this f. day or_g9knob, 2020.
ATTEST:
Dan Gelber, Mayor
do, ity Clerk
Underline denotes additions
Strikethrough denotes deletions
Double underline denotes additions after First Reading
Double strikethrough denotes deletions after First Reading
(Sponsored by: Commissioner Mark Samuelian)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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Ordinances - RS D
MIAMI BEACH
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
Honorable Mayor and Members of the City Commission
Raul J. Aguila, City Attorney
Septemb er 16, 2020
9:25 a.m. Second Reading Public Hearing
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORI DA, AMEND I NG CHAPTER 70 OF THE CODE OF
THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "MISCELLANEOUS
OF FENSES," BY AMENDING SECTION 70-70.1 TH ERE OF, ENTITLED
"RESPONSIBILITIES OF PERSONS AND BUSINESS ENTI TIES
PROVID ING RENTALS OR LEASES OF MOPEDS, MOTORCYCLES, AND
MOTORIZED BICYCLES," BY LIMITING THE TOTAL NUMBER OF
MOPEDS, MOTORCYCLES, AND MOTORIZED BICYCLES W HICH
PERSONS AND BUSINESS ENTITIES MAY RENT OR LEASE; BY
AUTHORIZING THE CITY MANAGER TO PROHIBIT THE RENTAL OR
LEASE OF MOPEDS, MOTORCYCLES, AND MOTORIZED BICYCLES
UPON DECLARATION OF A HIGH IMPACT PERIOD; BY PROHIBITI NG
THE OVERNIGHT RENTAL OR LEASE OF MOPEDS, MOTORCYCLES,
AND MOTORIZED BICYCLES; AND BY AMENDING SECTION 70-71
THEREOF, ENTITLED "ENFORCEMENT, PE NALTI ES," BY SETTING
FORTH ADDITIONAL PENALTIES FOR VIOLATIONS OF SECTION 70-
70.1, AND PROVID ING FOR REPEALER, SEVERABILITY, CODIFICATION
AND FOR AN EFFECTIVE DATE.
RECOMMENDATION
Pursuant to the request of Vice-Mayor Mark Samuelian, the above-referenced Ordinance is
submitted for consideration by the Mayor and City Commission at the September 16, 2020
Commission meeting for Second Reading.
Applicable Area
Citywide
Is this a "Residents Right
to Know" item. pursuant to
City Code Section 2-14?
Yes
Legislative Tracking
Office of the City Attorney
Doe s this item util ize G,O.
Bond Eunds ?
No
Page 679 of 1855
Sponsor
Vice-Mayor Mark Samuelian & Co-sponsored by Commissioner Steven Meiner
ATTACHMENTS;
Description
Ordinance
Page 680 of 1855