Ordinance 2021-4429 I -
ORDINANCE NO. 2021-4429
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, FLORIDA, 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 BICYCLES, MOPEDS, MOTORCYCLES,
MOTORIZED BICYCLES, AND MOTORIZED SCOOTERS," BY AMENDING
SECTION 70-66 THEREOF, ENTITLED "DEFINITIONS," BY ESTABLISHING
AND MODIFYING CERTAIN DEFINITIONS SET FORTH THEREIN; AND BY
CREATING SECTION 70-72, ENTITLED "PROHIBITION ON DELIVERING
SPECIFIED MOTORIZED VEHICLES FOR RENTAL OR LEASE," WHICH
SHALL SERVE TO PROHIBIT PERSONS AND BUSINESS ENTITIES FROM
DELIVERING CERTAIN MOTORIZED VEHICLES, FOR RENTAL OR LEASE,
IN THE CITY; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach (the "City") is an internationally renowned
tourist destination famous for its beaches, shopping, and entertainment; and
WHEREAS, due to the City's domestic and international popularity as a resort destination,
the City hosts millions of visitors annually; and
WHEREAS, this 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
autocycles, golf carts, low-speed vehicles, mopeds, motorcycles that are powered by a motor with
a displacement of 50 cubic centimeters or less and motorized scooters, primarily in order to joyride
these motorized "toys" around the City; and
WHEREAS, due to their small size and maneuverability, such motorized "toys" 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, City records demonstrate that the "joyriding" of such vehicles and motorized
"toys" result in many violations of State and local laws, and generate a great deal of complaints
of dangerous and reckless conduct; and
WHEREAS, the use and operation of such vehicle and motorized "toys" also creates
excessive noise, and disturbs the surrounding neighborhoods and negatively affects nearby
businesses and residents; and
WHEREAS, on May 16, 2018, in an attempt to mitigate these negative effects, the Mayor
and City Commission amended 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 to prohibit 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,
during specified dates each year; and
WHEREAS, on January 16, 2019, the Mayor and City Commission then 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 mopeds,
motorcycles or motorized bicycles 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 adopted Ordinance
No. 2020-4356, which again 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, on November 18, 2020, the Mayor and City Commission adopted Ordinance
2020-4369, which further amended Sections 70-70.1 and 70-71 of the City Code, by:
(i) mandating the installation of an emergency power off ("EPO") device onto each
moped, motorcycle powered by motor with a displacement of 50 cubic
centimeters or less, and motorized bicycle available for rental or lease by those
business establishments renting or leasing such vehicles in the City; and
(ii) requiring all persons that rent or lease such mopeds, motorcycles, and motorized
bicycles in the City to return such vehicle prior to 7:00 p.m. daily; and
(iii) establishing penalties for violations of section 70-70.1; and
WHEREAS, on December 9, 2020, the Mayor and City Commission then adopted
Ordinance No. 2020-4388, which created Section 142-3 of the City Code to prohibit the rental or
lease of certain identifiable vehicles (including mopeds, motorcycles that are powered by a motor
with a displacement of 50 cubic centimeters or less, motorized bicycles, golf carts, motorized
scooters and low-speed vehicles)within the City of Miami Beach; and
WHEREAS, on March 17, 2021, the Mayor and City Commission adopted Ordinance No.
2021-4411, which amended Section 70-70.1 of the City Code to expand the City Manager's
authority to include the suspension or closure of those business establishments that rent or lease
autocycles, golf carts, low-speed vehicles and/or motorized scooters upon the declaration of a
high impact period; and
WHEREAS, the Mayor, City Commissioners, and City Administration continue to receive
numerous complaints regarding the careless and illegal operation of these rented and leased
vehicles and motorized "toys" within the City; and
WHEREAS, there are only about fourteen (14) businesses that rent or lease such
motorized "toys" located within the City; and
2
WHEREAS, some of these motorized "toys" are being delivered into the City, or within the
City, for the express purpose of being rented or leased; and
WHEREAS, City Police Department records demonstrate that the increased presence of
these rented and leased vehicles and motorized. "toys" in the City continues to result in many
violations of State and local laws, and generate a great deal of complaints of dangerous and
reckless conduct; and
WHEREAS, in light of the dangerous situations, traffic problems and nuisance created
and posed by the increased numbers of these rented and leased motorized vehicles within the
City, the Mayor and City Commission desire to adopt the amendments set forth herein, as
necessary to promote the public safety and welfare 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 II of Chapter 70 of the Code of the City of 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 BICYCLES, MOPES MOPEDS,
MOTORIZED BICYCLES, AND MOTORIZED SCOOTERS
* * *
Sec. 70-66. — Definitions.
The following definitions are applicable to this division:
Autocycle means a three-wheeled motorcycle that has two wheels in the front and one
wheel in the back; is equipped with a roll cage or roll hoops, a seat belt for each occupant,
antilock brakes, a steering wheel, and seating that does not require the operator to straddle or
sit astride it; and is manufactured in accordance with the applicable federal motorcycle safety
standards in 49 C.F.R. part 571 by a manufacturer registered with the National Highway Traffic
Safety Administration.
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
3
similar device. The term does not include non-motorized vehicles for hire as defined in section
106-463 of the city Code.
Bicycle path means any road, path or way that is open to bicycle travel which road, path,
or way is physically separated from motorized vehicular traffic by an open space or by a barrier
and is located either within the highway right-of-way or within an independent right-of-way, and
as defined and authorized by state law and the city Code, and includes the city's coastal
pathways, beachwalk, baywalk, and cutwalk that are within the Atlantic Greenway Network as
set forth in appendix A.
Code compliance officer means a code inspector as defined in section 30-3 of the city
Code and, for purposes of this division shall include without limitation police officers.
Electric bicycle means a bicycle propelled by an electric motor, having two tandem
wheels, and including any device generally recognized as an electric bicycle though equipped
with two front or two rear wheels.
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 F.S. § 316.003(83), as may be amended.
Golf cart means a motor vehicle designed and manufactured for operation on
a golf course for sporting or recreational purposes.
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:
(1) There is a designated major event period;
(2) A maintenance of traffic plan is required (e.g., including, but not limited to, street
closures, lane closures, shuttle service);
(3) Hotel occupancy levels are anticipated to be greater than 75 percent;
(4) 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
(5)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.
4
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 thocc
• - - -*•• ••*- •- • - - - --- - , - - - - - - - - - - - - - • - - -. 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 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 F.S. § 316.003, as may be amended; but shall not
include motorized devices and wheelchairs when used by disabled persons.
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 e e••e ' e - '-- •- - -e . - -e e - ••e e
41-At—having a seat or saddle for the use of the rider, designed to travel
on not more than three wheels, and wl4e121=i6 not capable of propelling the vehicle at a speed
greater than.30 20 miles per hour on level ground. The term does not include an electric bicycle.
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.
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. 70-72. - Prohibition on delivering specified motorized vehicles for rental or lease.
(a) It shall be unlawful and prohibited for any person or business entity (including any
employee, manager, agent and/or owner of a business entity) to bring or deliver iRte
5
the—City any autocycle, golf cart, low-speed vehicle, moped, motorcycle or motorized
scooter to any place or location within the City for the purpose of renting or leasing, or
offering to rent or lease, such vehicle to the general public.
Notwithstanding the foregoing, it shall not be a violation of this Section 70-72 for any
person or business entity in possession of a valid business tax receipt issued by the
City, which business tax receipt provides for the rental or lease of such vehicles to the
general public, to bring or deliver o-tho-City such vehicles to its business •remises
in order to replenish its fleet, or after such vehicles have been repaired or recovered.
(b) A violation of this Section 70-72 shall be enforced by a code compliance office_rjwhich,
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 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:
(i) First offense $1,000.00;
(ii) Second offense $2,500.00;
(iii) Third and subsequent offenses $5,000.00; or
b. Request an administrative hearing within ten (10) days before a special master
appointed as provided in article II of chapter 30 to appeal the decision of the
code compliance officer which resulted in the issuance of the notice of violation.
(3) 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 days of the issuance of the notice of violation.
(4) Any party aggrieved by the decision of the special master may appeal the decision
in accordance with law.
(5) The city may institute proceedings in a court of competent jurisdiction to compel
payment of civil fines.
6
(6) 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. Aftertwo months from the filing of any such lien which remains unpaid,
the city may foreclose or otherwise execute upon the lien.
(7.) 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.
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 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. n
This Ordinance shall take effect the/day of t��IS, , 2021
PASSED and ADOPTED this 24 day of /41/ 2021.
ATTEST:
, 2—z1,----____
R)i
Dan Gelber, Mayor.
$/2 at I't _. l B�,,
Rafael E. Granado, Ci Clerk le" ,=f ''•cti'i�,
' ' 5
':, iIPCORP ORATED'
Underline denotes additions ' �' � ; ^_r
denotes deletions ',,,CNG .„''
,,,,,,,,.. APPROVED AS TO
Double underline denotes additions after First Reading FORM & LANGUAGE-
Double strikcthrough denotes deletions after First Reading • : &FOR EXECUTION
(Sponsored by: Commissioner David Richardson) 7..7- ---
7 -:,-Zj
City A orney, . Date
Agenda Item R5e_
Date 7-.)1-2.1
MAM
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,FL 33139 www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber Second Reading/Public Hearing
Members of the City Commission
Alina T. Hudak, City Manager
FROM: Rafael A. Paz, Acting City Attorney
DATE: July 28, 2021
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, FLORIDA, 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 BICYCLES, MOPEDS, MOTORCYCLES,
MOTORIZED BICYCLES, AND MOTORIZED SCOOTERS," BY AMENDING
SECTION 70-66 THEREOF, ENTITLED "DEFINITIONS," BY ESTABLISHING
AND MODIFYING CERTAIN DEFINITIONS SET FORTH THEREIN; AND BY
CREATING SECTION 70-72, ENTITLED "PROHIBITION ON DELIVERING
SPECIFIED MOTORIZED VEHICLES FOR RENTAL OR LEASE," WHICH
SHALL SERVE TO PROHIBIT PERSONS AND BUSINESS ENTITIES FROM
DELIVERING CERTAIN MOTORIZED VEHICLES, FOR RENTAL OR LEASE,
IN THE CITY; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
SUPPLEMENTAL LEGAL MEMORANDUM:
This supplemental Commission Memorandum is intended to address the legal issues raised at
first reading of the proposed Ordinance on June 23, 2021, and specifically,whether the proposed
Ordinance would withstand a legal challenge based upon the Commerce Clause (Art. I, § 8 of
the United States Constitution). Although our research has revealed no legal authority directly
on point regarding a prohibition on the delivery of similar"toy" vehicles, analogous cases support
the conclusion that the City has the requisite legal authority to enact this legislation, just like any
other regulation of business activity.
A. Legal Analysis - Commerce Clause
The express provisions of the Commerce Clause have been interpreted as a grant of positive
authority to the United States Congress to regulate interstate commerce. State and local
authority is not explicitly addressed; however, the Commerce Clause has also been judicially
construed as an implied prohibition of state or local laws that discriminate against interstate
Supplemental Commission Memorandum -Prohibiting the Delivery of Certain Motorized
Vehicles in the City for Rental or Lease
July 28, 2021
Page 2
commerce by burdening out-of-state entities in favor of in-state entities that are similarly
situated within a particular market. This judicially created rule, which would be the rule
applied to analyze this Ordinance, is known as the "dormant" Commerce Clause.
Here, as there is no Congressional action, the explicit provisions of the Commerce Clause
are obviously not at issue, and the focus of this memorandum is on the "dormant" Commerce
Clause. In this regard, the proposed Ordinance likely does not implicate the "dormant"
Commerce Clause because the proposed Ordinance does not discriminate between in-state
and out-of-state businesses as it treats all persons and entities identically with respect to the
prohibition on bringing or delivering the "toys" anywhere in the City for the purpose of rental
or lease to the general public.
Two (2) analogous federal appellate decisions illustrate this point. First, in Brown &
Williamson Tobacco Corp. v. Pataki, the appellate court upheld a state statute prohibiting
cigarette sellers from deliveries of cigarettes directly to New York consumers because the
statute evenhandedly regulated all direct shippers and transporters regardless of where they
were located. 320 F.3d 200, 210-11 (2d Cir. 2003). The plaintiffs, cigarette sellers, failed to
show a discriminatory effect on interstate commerce by alleging the difficulties they would
face to continue selling cigarettes directly to New York consumers, and such de minimis
effects on interstate commerce were not clearly excessive in relation to the local benefit of
preventing cigarette sales to minors. Id. at 216-17; see also Oltra, Inc. v. Pataki, 273 F. Supp.
2d 265, 279 (W.D.N.Y. 2003) (holding that a state statute prohibiting shipment and
transportation of cigarettes directly to New York consumers did not violate the dormant
Commerce Clause where the law was enacted pursuant to state police powers to protect its
citizens). In the second federal appellate decision, Cherry Hill Vineyard, LLC v. Baldacci, the
appellate court upheld a statute banning the direct shipment of wine to consumers because
the statute was a reasonable regulation that applied equally to in-state and out-of-state
wineries to prevent the sale of alcoholic beverages to minors. 505 F.3d 28, 32 (1st Cir.
2007).
The prohibition established in the proposed Ordinance is analogous to the prohibition of
directly shipping cigarettes to consumers in Brown & Williamson Tobacco and directly
shipping wine to consumers in Cherry Hill Vineyard because the Ordinance is not
discriminatory, as it does not favor any businesses within the state, and all businesses are
subject to the same restriction. Moreover, any inconvenience that businesses renting or
leasing these motorized vehicles may face in their operations following enactment of the
Ordinance are not clearly excessive in relation to the local benefit of mitigating the traffic
problems, and reckless and illegal conduct transpiring in the City due to the operation of
these motorized "toys."
B. Rational Basis Test for Enactment of Regulation of Business Activity
As specifically provided ins. 2(b), Art. VIII of the State Constitution and Fla. Stat. 166.021(1),
the City has the governmental authority to exercise any power for municipal purposes, except
when expressly prohibited by law. The proposed Ordinance is not expressly prohibited by
Supplemental Commission Memorandum -Prohibiting the Delivery of Certain Motorized
Vehicles in the City for Rental or Lease
July 28, 2021
Page 3
law and, therefore, any inquiry must surround whether the Ordinance (if adopted) is rationally
related to a "municipal purpose."
This analysis applies the rational basis test, which is the most deferential test of an
ordinance's lawfulness. As the Florida Third District Court of Appeal has held, "a law
regulating business or economic matters, which does not create a suspect class or infringe
upon a fundamental right...must be upheld if it bears a rational basis to a legitimate
government purpose." Silvio Membreno v. City of Hialeah, 188 So. 3d 13,19 (3rd DCA 2016).
So long as there is "any reasonable relationship between the act and the furtherance of a
valid governmental objective,"the government action must be upheld. Id. at 25 (quoting Haire
v. Fla. Dep't. of Agriculture, 870 So. 2d 774 at 781). "As such, it is the burden of the party
challenging the law to prove that there is no conceivable factual predicate which would
rationally support the law." Id. (quoting Fla. High Sch. Activities Ass'n, Inc. v. Thomas, 434
So.2d 306 at 308 (Fla.1983)).
In adopting the Ordinance, the City Commission would be making certain legislative factual
findings as set forth in the recitals of the Ordinance. Such facts would identify that the
joyriding of these vehicles has resulted in numerous violations of State and local laws, and
continues to generate a great deal of complaints of dangerous and reckless conduct by their
operators, and that some portion of these motorized "toys" are being delivered in the City for
the express purpose of being rented or leased, which exacerbates the dangerous and
reckless conduct. The City Commission may rely on this factual predicate to establish the
City's legitimate governmental purpose in adopting the Ordinance, and its rational
relationship in furtherance of such purpose.
Therefore, the City undoubtedly has a legitimate governmental interest in ensuring the health,
safety and welfare of its residents and visitors alike, and is well within its legal authority to
regulate activities which facilitate nuisance behavior and contribute to a diminution of quality
of life for its residents.
RAP/AB/MAF/bhs
Ordinances -R5 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz,Acting City Attorney
DATE: July 28, 2021
10:15 a.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, FLORIDA, 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 BICYCLES, MOPEDS, MOTORCYCLES,
MOTORIZED BICYCLES, AND MOTORIZED SCOOTERS," BY AMENDING
SECTION 70-66 THEREOF, ENTITLED "DEFINITIONS," BY
ESTABLISHING AND MODIFYING CERTAIN DEFINITIONS SET FORTH
THEREIN;AND BY CREATING SECTION 70-72, ENTITLED "PROHIBITION
ON DELIVERING SPECIFIED MOTORIZED VEHICLES FOR RENTAL OR
LEASE," WHICH SHALL SERVE TO PROHIBIT PERSONS AND BUSINESS
ENTITIES FROM DELIVERING CERTAIN MOTORIZED VEHICLES, FOR
• RENTAL OR LEASE, IN THE CITY; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
ANALYSIS
See attached Commission Memorandum.
SUPPORTING SURVEY DATA
N/A
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?
No No
Legislative Tracking
Office of the City Attorney
Page 867 of 2012
Sponsor
Commissioner David Richardson
ATTACHMENTS:
Description
❑ Commission Memorandum
❑ Ordinance
Page 868 of 2012
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, FL 33139 www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber Second Reading/Public Hearing
Members of the City Commission
Aline T. Hudak, City Manager
FROM: Rafael A. Paz, Acting City Attorney r"-V-D---
DATE: July 28, 2021
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, FLORIDA, 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 BICYCLES, MOPEDS, MOTORCYCLES,
MOTORIZED BICYCLES, AND MOTORIZED SCOOTERS," BY AMENDING
SECTION 70-66 THEREOF, ENTITLED "DEFINITIONS," BY ESTABLISHING
AND MODIFYING CERTAIN DEFINITIONS SET FORTH THEREIN; AND BY
CREATING SECTION 70-72, ENTITLED "PROHIBITION ON DELIVERING
SPECIFIED MOTORIZED VEHICLES FOR RENTAL OR LEASE," WHICH
SHALL SERVE TO PROHIBIT PERSONS AND BUSINESS ENTITIES FROM
DELIVERING CERTAIN MOTORIZED VEHICLES, FOR RENTAL OR LEASE,
IN THE CITY; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION,AND AN EFFECTIVE DATE.
The proposed Ordinance (the "Ordinance"), which is sponsored by Commissioner David
Richardson, is submitted for second reading/public hearing at the July 28, 2021 meeting of the
City Commission.
In order to address the dangerous conduct, nuisance behavior and increased presence of certain
rented or leased vehicles within the City, the Mayor and City Commission have enacted
numerous ordinances over the last several years which regulate the rental, lease and/or
operation of various motorized vehicles including, but not limited to, mopeds, motorcycles
powered by motors with a displacement of 50 cubic centimeters or less, motorized bicycles,
autocycles and motorized scooters.
However, despite the extensive efforts of the Mayor and City Commission, the increased
presence of these motorized "toys"continues to result in many violations of State and local laws,
traffic problems, and generates a great deal of complaints of dangerous, reckless and nuisance
conduct and behavior (which includes, but is not limited to, speeding, blaring music, flashing
Page 869 of 2012
Commission Memorandum - Prohibiting the Delivery of Certain Motorized Vehicles in the
City for Rental or Lease
July 28, 2021
Page 2
lights, peeling out, weaving in and out of traffic, etc.). Furthermore, the City Administration has
determined that some of these motorized "toys" are being delivered directly to customers at
various locations in the City, such as hotels, public parking lots, streets or other locations, either
from establishments located outside of the City, or from establishments located within the City.
If adopted, this Ordinance would prohibit any person or business bringing or delivering any
autocycle, golf cart, low-speed vehicle, moped, motorcycle or motorized scooter to any location
within the City for the purpose of renting one of these vehicles to the general public. •
Moreover, by prohibiting the delivery of these "toys," and thereby eliminating the convenience
factor of those customers desiring to have the vehicles brought to them at their residence, hotel,
on the street or any other location within the City, such prohibition on deliveries would advance
the City's objective in reducing the proliferation of"toys" and the associated nuisance conduct
which the use of these"toys" for joyriding creates in the City.
The proposed Ordinance was approved on first reading at the June 23, 2021 City
Commission meeting. The only change from first reading is a clarification: to ensure that the
prohibition on delivering these vehicles to any location in the City, for the purpose of renting
(or offering to rent) such motorized vehicle(s), applies equally to all deliveries of the "toys,"
without regard for whether the delivery is made from an establishment outside the City or
within the City.
At first reading, Commissioner Gongora and Vice Mayor Arriola raised questions about
whether the proposed Ordinance would withstand a legal challenge with the questions
primarily centered around the Commerce Clause(Art. I, §8 of the United States Constitution)
and the City's legal authority to enact such an Ordinance regulating business activity.
The City Attorney's memorandum addressing these issues will be released as part of the
supplemental agenda.
RAP/AB/MAF/bhs
Page 870 of 2012