Ordinance 2020-4388 ORDINANCE NO. 2020-4388
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142 OF THE CODE OF
THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "ZONING DISTRICTS
AND REGULATIONS," BY AMENDING ARTICLE I, ENTITLED "GENERAL
TO ALL ZONING DISTRICTS," BY CREATING SECTION 142-3, ENTITLED
"RENTALS OR LEASES OF MOPEDS, MOTORCYCLES THAT ARE
POWERED BY A MOTOR WITH A DISPLACEMENT OF 50 CUBIC
CENTIMETERS OR LESS, AND MOTORIZED BICYCLES PROHIBITED IN
THE CITY OF MIAMI BEACH," WHICH SHALL PROHIBIT PERSONS AND
BUSINESS ENTITIES FROM ENGAGING IN THE RENTAL OR LEASE OF
CERTAIN IDENTIFIABLE VEHICLES (WHICH SHALL INCLUDE, BUT NOT
BE LIMITED TO MOPEDS, MOTORIZED BICYCLES, GOLF CARTS AND
LOW SPEED VEHICLES) AND ESTABLISHING THOSE RESPECTIVE
DEFINITIONS FOR SUCH PROHIBITED VEHICLES; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
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
golf carts, low-speed vehicles, mopeds, motorcycles that are powered by a motor with a
displacement of 50 cubic centimeters or less, motorized bicycles, and motorized scooters, largely
in order to "joyride" around the City; and
WHEREAS, due to their small size, golf carts, low-speed vehicles, mopeds, motorcycles
that are powered by a motor with a displacement of 50 cubic centimeters or less, motorized
bicycles, and motorized scooters 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, motorcycles, motorized
bicycles, and motorized scooters; and prohibit the rental or lease of a moped, a motorcycle that
is powered by a motor with a displacement of 50 cubic centimeters or less, or a 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 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, on September 16, 2020, the Mayor and City Commission passed and
adopted an ordinance which once more amended Section 70-70.1 of the City Code, by limiting
the total number of mopeds, motorcycles, and motorized bicycles which business entities may
rent or lease; authorizing the city manager to prohibit the rental or lease of such vehicles upon a
declaration of a high impact period; prohibiting the overnight rental or lease of such vehicles;
mandating certain signage requirements regarding the prohibited hours of operating such vehicles
(7 p.m. through 7 a.m.); and setting forth additional penalties for such violations; 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
golf carts, low-speed. vehicles, mopeds, motorcycles that are powered by a, motor with a,
displacement of 50 cubic centimeters or less, motorized bicycles, and motorized scooters within
the City; and
WHEREAS, City Police Department records demonstrate that the increased presence of
businesses within the City that rent and lease the above referenced vehicles 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
golf carts, low-speed vehicles, mopeds, motorcycles that are powered by a motor witha
displacement of 50 cubic centimeters or less, motorized bicycles, and motorized scooters 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.Article 1 of Chapter 142 of the Code of the City of Miami Beach is hereby amended
as follows:
CHAPTER 142
* *
ZONING DISTRICTS AND REGULATIONS
* * *
ARTICLE I. GENERAL TO ALL ZONING DISTRICTS
*. *
2
Sec. 142.3 Rentals or leases of mopeds, motorcycles, and motorized bicycles are
prohibited uses in the City of Miami Beach.
The following definitions are applicable to this section:
Golf cart means a motor vehicle designed and manufactured for operation on a golf course for
sporting or recreational purposes.
Low-speed vehicle means any four-wheeled vehicle whose top speed is greater than 20 miles per
hour but not greater than 25 miles per hour, including, but not limited to, neighborhood electric
vehicles.
Moped means any vehicle with pedals to permit propulsion by human power, having a seat or
saddle for the use of the rider and designed to travel on not more than three wheels, with a motor
rated not in excess of two brake horsepower and not capable of propelling the vehicle at a speed
greater than 30 miles per hour on level ground and with a power-drive system that functions
directly or automatically without clutching or shifting gears by the operator after the drive system
is engaged. If an internal combustion engine is used, the displacement may not exceed 50 cubic
centimeters. The term does not include an electric bicycle.
Motorcycle means any motor vehicle having a seat or saddle for the use of the rider and designed
to travel on not more than three wheels in contact with the ground (including those vehicles
commonly known as motor scooters). The term includes an autocycle, but does not include a
tractor, a moped, an electric bicycle, or any vehicle in which the operator is enclosed by a cabin
unless it meets the requirements set forth by the National Highway Traffic Safety Administration
for a motorcycle.
Motorized bicycle means a bicycle propelled by a combination of human power and an electric
helper motor capable of propelling the vehicle at a speed of not more than 20 miles per hour on
level ground, having two tandem wheels, and including any device generally recognized as a
motorized 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.
Motorized scooter means any vehicle or micromobility device that is powered by a motor with or
without a seat or saddle for the use of the rider,which is designed to travel on not more than three
wheels, and which is not capable of propelling the vehicle at a speed greater than 20 miles per
hour on level ground. The term does not include an electric bicycle.
a) The rental or lease of golf carts, low-speed vehicles, mopeds, motorcycles that are powered
by a motor with a displacement of 50 cubic centimeters or less, motorized bicycles, and
motorized scooters is prohibited in the City of Miami Beach. These uses are prohibited in any
zoning category within the city, whether as a main, conditional, or accessory use.
b) Notwithstanding the foregoing, golf courses shall be exempt from the prohibition herein
concerning the rental or lease of golf carts.
c) Any amendment to this section 142-3 (including the repealer thereof), which would create a
less stringent regulation on the rentals or lease of any golf carts, low-speed vehicles, mopeds,
motorcycles that are powered by a motor with a displacement of 50 cubic centimeters or less,
3
motorized bicycles,and motorized scooters, or any of the uses listed herein, shall require an
affirmative vote of 5/7ths of the city commission.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
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. Deceive
This Ordinance shall take effect the 8 day of , 2020.
PASSED and ADOPTED this 9 day of Decemb,-, 2020.
ATTEST:
Dan Gelber, Mayor
Rafael E. Granado, City Clerk
TO
I I(CORP ORATED' •R A , - . ►. UAGE
4 p► CLITION
Underline denotes additions '
C4riketh eug1 denotes deletions
1 Za&o
(Sponsored by: Commissioner David Richardson)
Attorney ote
(Co-sponsored by: Mark Samuelian)
4
Ordinances-R5 M
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: December 9, 2020
5:01 p.m. Second Reading Public Hearing
SUBJECT: RENTAL PROHIBITION OF CERTAIN MOTOR VEHICLES
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142 OF THE CODE
OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "ZONING
DISTRICTS AND REGULATIONS," BY AMENDING ARTICLE I, ENTITLED
"GENERAL TO ALL ZONING DISTRICTS," BY CREATING SECTION 142-3,
ENTITLED "RENTALS OR LEASES OF MOPEDS, MOTORCYCLES THAT
ARE POWERED BY A MOTOR WITH A DISPLACEMENT OF 50 CUBIC
CENTIMETERS OR LESS, AND MOTORIZED BICYCLES PROHIBITED IN
THE CITY OF MIAMI BEACH," WHICH SHALL PROHIBIT PERSONS AND
BUSINESS ENTITIES FROM ENGAGING IN THE RENTAL OR LEASE OF
CERTAIN IDENTIFIABLE VEHICLES (WHICH SHALL INCLUDE, BUT NOT
BE LIMITED TO MOPEDS, MOTORIZED BICYCLES, GOLF CARTS AND
LOW SPEED VEHICLES) AND ESTABLISHING THOSE RESPECTIVE
DEFINITIONS FOR SUCH PROHIBITED VEHICLES; AND PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
RECOMMENDATION
The administration recommends that the City Commission adopt the subject ordinance.
BACKGROUND/HISTORY
On September 16, 2020, at the request of Commissioner David Richardson, the City
Commission referred the item to the Land Use and Sustainability Committee and the Planning
Board (Item C4 0). On September 22, 2020 the Land Use and Sustainability Committee
(LUSC) reviewed the ordinance and recommended approval.
ANALYSIS
ANALYSIS
The proposed ordinance would amend those permitted uses within the City's zoning districts for
the purpose of prohibiting future persons and business entities from engaging in the rental or
lease of certain identifiable vehicles, including but not limited to mopeds, motorized bicycles,
golf carts and low speed vehicles. However, such amendments would allow those existing
businesses which presently provide such rentals or leases to continue to operate as a legal non-
Page 1025 of 1707
•
conforming use.
The ordinance also addresses quality of life concerns raised by many of the City's residents,
particularly as it pertains to the increased presence of businesses that rent and lease mopeds,
motorized bicycles, golf carts and low speed vehicles. The use of these vehicles continues to
result in a large number of violations of State and local laws, as well as generate a great deal of
complaints regarding dangerous and reckless conduct.
PLANNING BOARD REVIEW
On September 22, 2020 the Planning Board reviewed the ordinance and due to a noticing
issue, it was re-advertised for the October 27, 2020 meeting. On October 27, 2020 the
Planning Board held a public hearing and transmitted the ordinance to the City Commission with
a favorable recommendation by a vote of 7-0.
UPDATE
The subject ordinance was approved at first reading on November 18, 2020 with no changes.
CONCLUSION
The administration recommends the City Commission adopt the subject ordinance.
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Planning/Office of the City Attorney
Sponsor
Commissioner David Richardson& Co-Sponsored by Commissioner Samuelian
ATTACHMENTS:
Description
❑ Ad
❑ Ordinance
Page 1026 of 1707
SUNDAY NOVEMBER 12020 NEIGHBORS I I27NE
MIAMIIIERAID.CDid
MIAAA IBEACH i\A I AAA I B E AC H
CITY OF MIAMI BEACH CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING
ORDINANCE AMENDING RENTAL PROHIBITION ORDINANCE AMENDING THE RPS-4 (RESIDENTIAL
OF CERTAIN MOTOR VEHICLES PERFORMANCE STANDARD) DISTRICT
NOVEMBER 18, 2020 CITY COMMISSION MEETING ACCESSORY USE FOR NEIGHBORHOOD IMPACT
As society returns toe'now-normal,'the City of Miami Beech odD host a hybrkl Commission meeting on ESTABLISHMENTS (NIE)
November 18,2020.The Mayor and at least tour Commissioners will be physically present Ina socially distanced NOVEMBER 18, 2020 CITY COMMISSION MEETING
manner at the Camnlsdon Chamber,Third Floor,City Hag,1700 Convention Center Drive,Miami Beach,Florida.
(Note that this localism(a subject to change,please conteel the 011ie of the City Clerk for possible updates.) As society returns to a'new-normal-the City of Miami Beech will host a hybrid Commission meeting on
Members of the public may comment on any Item on the agenda using the Zoom platform.Members of the public November 18,2020.The Mayor and at least four Commladoners wig be physkally present In a soclagy distanced
wanting to participate vlrluaty may do so via video 0onferenClng.To partIctpate or provide comments vkluely. manner at the Commission Chamber,Third Floor,City Hall,1700 Convention Center Drive,Miami Beach.Fiorfda.
the public may join the City Commission Meeting at:hopT.//miamibeach8-gov.000m.ua/j/86076255237 or via (Note that this location Is subject to change.please contact the Office at the City Clerk for possible updates.)
telephone at 1.301.715.8592(U.S.)or 877.853.5257(Toll Free).The Webinar 10 Is:86076255237*.Members of Members et the public may comment on any item en the agenda using the Zoom platform.Members of the public
the public wanting to virtually speak an an item during the City Commission Meeting,moat dick the"raise hand' wanting to participate Virtua0y may do so vie video contemns/no.To participate or provide comments virtua0y,
Icon II using the Zoom app or press'9 on the telephone to raise their hand. the public may Join the City Commission Meeting at hppsJlmiamlbeach0-eay.7oem.ua/{186076255237 or via
NOTICE IS HEREBY GIVEN that the!allowing Second Reading/Public Hearing will be heard by the Maya telephone at 1.301.715.8592(U.S.)or 877.853.5257(Toll Feel.The Vhhlnar 10 4:860162552]7•.Members of
and City CeINIMedeners of the City of Miami Beach,Florida.on November 18,2020 al the fallowing time,or as the public wanting to virtually speak on an Item during the City Commisslen Meeting,must c ck[he'raise hand'
Icon V using the Zoom app or preee'9 on the telephone to else their hand.
soon thereafter as the matter cart be heard: NOTICE II HEREBY GIVEN that the following Second Reading/Pudic Hearing will be heard by the Mayor
8:tp a.m.Fires Readlnw Publle Nearing and City Commladoners of the City of Miami Beach.Florida,on November 18,2020 at the lo0owing time,or as
RENTAL PROHIBITION OF CERTAIN MOTOR VEHICLES soak thereafter as the matter can be heard:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,AMENDING 5•geam.Second Reading public Hearfno
CHAPTER 142 OF THE CODE OF THE CITY OF MIAMI BEACH,FLORIDA.ENTITLED'ZONING DISTRICTS ANO R-P54 ACCESSORY USE AMENDMENTS FOR NIE
REGULATIONS,'BY AMENDING ARTICLE L ENTITLED'GENERAL TO ALL ZONING DISTRICTS.'BY CREATING AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA.AMENDING
SECTION 142-3,ENTITLED-RENTALS OR LEASES OF IDENTIFIABLE VEHICLES THAT ARE POWERED BY A THE CODE OF THE CITY OF MIAMI BEACH.SUBPART B,ENTITLED'LAND DEVELOPMENT REGULATIONS;
MOTOR PROHIBITED IN THE CITY OF MIAMI BEACH.WHICH SHALL PROHIBIT PERSONS AND BUSINESS BY AMENDING CHAPTER 142 OF THE CITY CODE ENTITLED'ZONING DISTRICTS AND REGULATIONS;
ENTITIES FROM ENGAGING IN THE RENTAL OR LEASE OF CERTAIN IDENTIFIABLE VEHICLES(WHICH SHALL ARTICLE It,ENTITLED'DISTRICT REGULATIONS.'DIVISION 18.ENTITLED'PS PERFORMANCE STANDARD
INCLUDE,BUT NOT BE LIMITED TO MOPEDS,MOTORIZED BICYCLES.GOLF CARTS AND LOW SPEED DISTRICT,'BY AMENDING SECTION 142.693,ENTITLED'PERMITTED USES.'TO PERMIT NEIGHBORHOOD
VEHICLES):AND ESTABLISHING THOSE RESPECTIVE DEFINITIONS FOR SUCH PROHIBITED IDENTIFIABLE IMPACT ESTABLISHMENTS AS A CONDITIONAL USE WHEN SUCH USE IS AN ACCESSORY TO OCEANFRONT
VEHICLES;AND PROVIDING FOR REPEALER.SEVERABILITY,CODIFICATION.AND AN EFFECTIVE DATE. APARTMENT BUILDINGS WITH 300 UNITS MORE,AND TO FURTHER PERMIT SUCH NEIGHBORHOOD IMPACT
This Ordinance is being heard pursuant toSection 2.05 of dm City Charter,Section 116-166 OF THE Gy's Land ESTABLISHMENTS APPROVED BY THE PLANNING BOARD AS A CONDITIONAL USE TO OPERATE OPEN
AREAS ABOVE THE GROUND FLOOR WITH A MAXIMUM PATRON-OCCUPANT LOAD OF 250 PERSONS,
Development Code,and§166.01f F.S.Inquiries may be d'recfed to the Planning Department at 305.673.7550 dr
SUBJECT TO SPECIFIC USE LIMITATIONS INTENDED TO PREVENT IMPACTS ON NEIGHBORING RESIDENTIAL
the Ogee or the City Attorney al 305.673.7730. COMMUNITIES.AND PROVIDING FOR CODIFICATION.REPEALER,SEVERABILITY,AND AN EFFECTIVE DATE.
INTERESTED PARTIES are invited to take part In this meeting or be represented by an agent.The public may This Ordinance is being heard pursuant Is Section 118-164 of the City's Land Development Code.Inquiries may be
submit widen comments by sending an email to:CityClerkWmtamibeachll.gov by 5:00 p.m.the day before the City demoted fo the Planning Department 41305.673.7550.
Commleslon Meeting.Please Identify the Agenda Item Number In the email subject Ilse Emalls received will be INTERESTED PARTIES are Invited to take part In this meeting or be represented by an agent.The public may
forwarded to the Mayor and Cemmisdeners and pug be Included as a part of the meeting record. submit written comments by sending an email to:CllyClerkPmlamibeachtLgov by 5:00 p.m.the day before the City
Copies o1 Agenda Items are available for public Inspection at httpa:Nwww.miamlbeachp.govicityhell/
Commission Meeting.Please identify the Agenda ttern Number h the small subtest Nne.Emalis received will be
city -archlve'malnpage-2/.This meeting,or any horn therein,may be continued,and under such
forwarded to the Mayor and Commissioners and wit!be Included es a part of the meeting record.
eireum¢lancne,attritional legal notice need not be provided. Copho
ies of Agenda Items are available for public Inspection at psit/www.mlamlbeachll.gov/cltyhalli
Pursuant to Section 286.0105,Fla-Slat.,the Gly hereby advises the public that It a person decides 10 city-clerk/agenda•archNe-mala-papr27.This mewling.or any Item therein,may Sc continued,and under ouch
circumstances,additional legal notice need not be provided.
appeal any decision made by the City Commledon with respect to any matter considered at Its meeting or Its
Pursuant la Section 286.O105,Fla.Slat.,the City hereby advises the
hearing,ouch person must ensure that a verbatim record of thematter
that •person dodges to
proceeding"Is made,which record Include; epp'.V any decision made by the City Commission with respect to any matter considered el its meeting or its
the lastmOny and evidence upon which the appeal Is to he based.This nates does not constitute consent by heating,such person mud ensure that a verbatim record of the proceedings Is made,which record Includes
the Gly for the Introduction or edmledon of olherwlee lnadniestble or Irrelevant evidence.not does it authorize Me testimony and evidence upon which the appeal is to be based.This notice does not Conetil ate Consent by
chat/engem or appeals not otherwise allowed by law. the City for the Introduction or admission of otherwise inadmissible or irrelevant evidence,nor does It authorize
To request This material in alternate format.sign language interpreter(Me-day notice reeuiredl,information challenges or appeals not otherwise allowed by law.
on access for persons with dsab9ales,metier any accommodation to review any document or participate In any To request TMs material In alternate format,cirri language Interpreter Woe-day notice required),Information
City-sponsored proceedngs,cal 305.604.2489 and select 1 for English er 2 for Spardsh,then option Si TTY on access for persons with disabilities,and/or any accommodation to review any document or participate In any
users may call via 711(Florida Relay Service). Gly'aponaored proceedings.call 305.604.2469 and select 1 for English or 2 for Spanish.then oplbn 6;TTY
The City Commission Meeting will be broadcast live an Miami Beach TV(MBTV).viewable on the Gly's users may call via 711(Florida Relay Service).
website at hltpst/wwwmiamibeaehfl.gov/gOvernmentlmbtvl,se well aa on Atlantic Broadband Cable channel The Cly Commission Meeting will be broadcast line on Mlaml Beach TV(MHTV),viewable on the Gtytr
660,AT&T U-varse channel 99,Notate,Communications channel 395,and ROKU device on PEG.TV channel,and website al haps:/hew.mismlbeschg.gw/0ovemment/mbly/,a¢well as on Atlantic Broadband Coble channel
on*ectal media at https://www.tacebogk.comlc8yatmlamlbeach. 660,AT&T Urerse channel 99,Hotwhe Communications channel 395,and ROKU device on PEG.TV channel,end
on eodal media at https:l/wwerlecebook.00m/Utyolmlamlbeaeh.
Rafael E.Granada.City Clerk G Rafael E.Grenedo,City Clerk
City o1 Miami Beach Gly of Miami Beach
GTyClsrk'drnlamibeachtl.gov CltyClerkwmtmelbeachtl.gov
305.673,7411 305.673.7411
Ad 11182020.01 Ad 11162020-06
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