Ordinance 2025-4707 ORDINANCE NO. 2025-4707
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE CITY CODE,
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, ENTITLED"DEFINITIONS," BY
CONFORMING THE DEFINITION OF MOTORIZED SCOOTER TO STATE LAW;
AND BY AMENDING SECTION 70-67, ENTITLED "PROHIBITED ACTIVITIES,"
BY PROHIBITNG MOTORIZED MEANS OF TRANSPORTATION, BICYCLING,
IN-LINE SKATING, ROLLER SKATING, AND SKATEBOARDING ON THE
BAYWALK; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the Baywalk is a public walkway situated directly adjacent to Biscayne Bay,
providing residents and visitors with scenic views and pedestrian access to the waterfront; and
WHEREAS, the Baywalk is also a very narrow walkway, which limits the available space
for safe and comfortable use by pedestrians; and
WHEREAS, many pedestrians, including families with young children, seniors, and
individuals with mobility challenges, utilize the Baywalk; and
WHEREAS, the limited width of the Baywalk creates safety concerns when shared with
motorized means of transportation, bicycles, in-line skates, roller skates, and skateboards, which
may travel at high speeds and/or require a larger amount of space to maneuver; and
WHEREAS, the use of such transportation and recreational equipment on the Baywalk
poses a heightened risk of collisions, injuries, and potential harm to pedestrians; and
WHEREAS, the proximity of the Baywalk to Biscayne Bay presents additional safety
concerns, as there are limited barriers or buffers between the walkway and the water; and
WHEREAS, the City of Miami Beach is committed to ensuring the safety and enjoyment
of public spaces for all users, particularly in areas of high pedestrian traffic; and
WHEREAS, the use of motorized means of transportation, bicycles, in-line skates, roller
skates, and skateboards on the Baywalk creates safety hazards for pedestrians due to their
speed, size, and maneuvering requirements; and
WHEREAS, the shared use of the Baywalk by pedestrians and users of such devices
increases the risk of collisions, injuries, and obstructions, thereby compromising the safety and
accessibility of the walkway; and
WHEREAS, prohibiting the use of motorized means of transportation, bicycling, in-line
skating, roller skating, and skateboarding on the Baywalk will enhance pedestrian safety, reduce
conflicts, and preserve the Baywalk as a safe and tranquil space for walking and enjoyment; and
WHEREAS, the City Commission finds it in the public interest to adopt reasonable
regulations to ensure the safety and accessibility of the Baywalk for pedestrians, while protecting
the health, safety, and welfare of its residents and visitors.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 70-66 of Division 2 of Article II of Chapter 70 of the Miami Beach City
Code 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, MOPEDS,
MOTORCYCLES, 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.
Baywalk means the public pathway on the west side of the City that is adjacent and roughly
parallel to Biscayne Bay. and that runs between the south side of the Collins Canal and the north
end of the MacArthur Causeway. including both the segments that have already been constructed
and any additional segments that may be constructed in the future.
Beachwalk means the continuous public pathway on the east side of the City that is adjacent
and roughly parallel to the Atlantic Ocean. and that runs continuously between the City's northern
limit (at approximately 87th Terrace) and 15th Street. and south of 5th Street to the South Pointe
Park Pier.
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 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,
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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 eity City
Code and, for purposes of this division shall include without limitation police officers and park
rangers.
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 mean 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.
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.
Marina Baywalk means the public walkway on the west side of the City that is adjacent and
parallel to Biscayne Bay. and that runs between the south end of the MacArthur Causeway and
the south end of the Miami Beach Marina.
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.
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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. 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 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 or motorized 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.
South Pointe Park Cutwalk means the public walkway on the southern end of the City that runs
adjacent and parallel to Government Cut.and that runs between the south end of the Miami Beach
Marina and the South Pointe Park Pier.
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.
SECTION 2. That Section 70-67 of Division 2 of Article II of Chapter 70 of the Miami Beach City
Code is hereby amended as follows:
Sec. 70-67. Prohibited activities.
(a) Unless exempted by section 70-68, #t 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) Unless exempted by section 70-68, #t 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 at any time.
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(c) Unless exempted by section 70-68, ff 11 shall be unlawful for any person to engage in
bicycling, skateboarding, roller skating, or in-line skating,
in, on, or upon any portion of the Baywalk
adjacent and parallel to Biscayne Bay and south of 5th Strcct), and on any additional
segments of the Baywalk that may be constructed in --- = _ .
(o) Unless exempted by section 70-68, #t ft 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 between 15th Strcct and 87th Terrace; and on any additional
(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 Baywalk:
(- }(6) The Marina Baywalk; adjacent and parallel to Biscayne Bay and south of 5th Street;
(-6)(1) The interior pathways within South Pointe Park and Collins Park; and
(7)(8) The South Pointe Park Pier.
Unless exempted by section 70-68, #t 11 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.
�) Unless exempted by section 70-68, #t 11 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.
Lg.) Unless exempted by section 70-68, #t 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.
(LI Unless exempted by section 70-68, #t ft shall be unlawful to operate any motorized device
defined as a vehicle in F.S. § 316.003, 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.
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.
*
5
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. 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 5. 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 6. EFFECTIVE DATE.
This Ordinance shall take effect the i9 day of MarGIL , 2025.
ATTEST:
c.
-7\4 MAR 2 0 2025 Steven Meiner, Mayor
.t': .. '�y,,
Rafael E. Granado, City Clerk j`' r•�. 'ss
IN(ORP °RATED: =
Underline denotes additions. h
Strikethrough denotes deletions. �'',4''•• c_
Double underline denotes additions after first reading. �'� ,c,?-!?6;.-.
Doublc strikcthrough denotes deletions after first reading.
(Sponsored by Commissioner Laura Dominguez
and Co-Sponsored by Vice-Mayor Tanya K. Bhatt)
. APPROVED AS TO
FO r 1 i &LANGUAGE
EXECUTION
i:1
N
—ity Attorney M,/ Dote
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Ordinances - R5 F
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: March 19, 2025 9:40 a.m. Second Reading Public Hearing
TITLE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE CITY CODE,
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, ENTITLED "DEFINITIONS," BY CONFORMING THE
DEFINITION OF MOTORIZED SCOOTER TO STATE LAW; AND BY AMENDING
SECTION 70-67, ENTITLED "PROHIBITED ACTIVITIES," BY PROHIBITING
MOTORIZED MEANS OF TRANSPORTATION, BICYCLING, IN-LINE SKATING,
ROLLER SKATING, AND SKATEBOARDING ON THE BAYWALK; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The proposed Ordinance, sponsored by Commissioner Laura Dominguez, is submitted for
consideration by the Mayor and City Commission.
The Baywalk is a public walkway situated directly adjacent to Biscayne Bay, providing residents
and visitors with scenic views and pedestrian access to the waterfront. The relative narrowness
of the Baywalk inherently limits the available space for safe and comfortable use by pedestrians,
including families with young children, seniors, and individuals with mobility challenges.
Importantly, the limited width of the Baywalk creates safety concerns when shared with motorized
means of transportation, bicycles, in-line skates, roller skates, and skateboards, which may travel
at high speeds and/or require a larger amount of space to maneuver. The use of such
transportation and recreational equipment on the Baywalk poses a heightened risk of collisions,
injuries, and potential harm to pedestrians. Moreover, the proximity of the Baywalk to Biscayne
Bay presents additional safety concerns, as there are limited barriers or buffers between the
walkway and the water.
The City is committed to ensuring the safety and enjoyment of public spaces for all users,
particularly in areas of high pedestrian traffic. To that end, the use of motorized means of
Page 433 of 1157
transportation, bicycles, in-line skates, roller skates, and skateboards on the Baywalk creates
safety hazards for pedestrians due to their speed, size, and maneuvering requirements.
Accordingly, the proposed Ordinance would prohibit the use of motorized means of transportation
(except for motorized devices and wheelchairs when used by disabled persons), bicycling, in-line
skating, roller skating, and skateboarding on the Baywalk. These prohibitions will enhance
pedestrian safety, reduce conflicts, and preserve the Baywalk as a safe and tranquil space for the
walking and enjoyment of all.
The proposed Ordinance has been modified after first reading to provide definitions for certain
terms such as"Beachwalk," "Baywalk,""Marina Baywalk,"and"South Pointe Park Cutwalk,"while
maintaining the Ordinance's intent to prohibit bicycling, skateboarding, roller skating, or in-line
skating, or operating any motorized means of transportation, on the Baywalk. Additionally, the
proposed Ordinance has been modified after first reading to incorporate park rangers into the
definition of the term "code compliance officer" for enforcement purposes and also now includes
specific references to section 70-68 in order to more clearly set forth the exemption for certain
vehicles and devices when operated by specified City-sanctioned persons.
Moreover, while not included within the Ordinance so as to avoid imposing any legal duty upon
the City, the City Administration should produce and post appropriate signage along the Baywalk
to provide the public with additional notice of the prohibitions set forth in the Ordinance.
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on: 1/13/2025
See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? - Project?
No No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
Page 434 of 1157
If so, specify the name of lobbyist(s) and principal(s):
Department
City Attorney
Sponsor(s)
Commissioner Laura Dominguez
Co-sponsor(s)
Commissioner Tanya K. Bhatt
Condensed Title
9:40 a.m. 2nd Rdg, Bicycles and Certain Other Means of Transportation Prohibited on Baywalk.
(Dominguez/Bhatt) CA
Page 435 of 1157