R5A-Amend Miscellaneous Offenses - Speed Of Segways -Weithorn-COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending Chapter 70
Of The Miami Beach City Code Entitled "Miscellaneous Offenses," By Amending Article II, Entitled "Public
Places"; By Amending Division II, Entitled "Bicycling, Skateboarding, Roller Skating, In-Line Skating, And
Motorized Means Of Transportation," By Amending Section 70-66, Entitled "Definitions," By Adding A Definition
For Bicycle Path; And By Amending Section 70-67, Entitled "Prohibited Activities," By Amending The
Prohibitions Regarding Motorized Means Of Transportation, Including Electric Personal Assistive Mobility
Devices (Also Known As Segways), By Rewording The Provisions Therein And Conforming The Language To
State Law; By Restricting The Speed Of Electric Personal Assistive Mobility Devices To Six (6) Mph On All City
Sidewalks, Sidewalk Areas, And Bicycle Paths; And By Prohibiting The Operation Of Electric Personal Assistive
Mobility Devices On Interior Pathways Within South Pointe Park And Collins Park; By Amending Section 70-68,
Entitled "Exemptions," By Exempting The Use Of Electric Personal Assistive Mobility Devices By City Police
And City Contracted Services From The Restrictions Of Division II; By Amending Section 70-69, Entitled
"Responsibilities Of Bicyclists And Skaters," By Adding Responsibilities For Persons Operating Electric
Personal Assistive Mobility Devices; By Amending Section 70-70, Entitled "Penalties," To Provide For
Responsibilities Of Businesses Providing Rentals And Tours Of Electric Personal Assistive Mobility Devices; By
Creating Section 70-71, To Be Entitled "Penalties" To Provide Civil Penalties In Addition To Existing Non-
Criminal Infraction Penalties For The Violation Of Certain Provisions In Chapter 70, Article li, Division li;
Providing For Repealer; Severability; Codification; And An Effective Date.
I Shall the Mayor and City Commission approve the Ordinance?
Item Summary!Recommendation:
In the interest of safety and in response to recurring complaints from residents, as well as observations
regarding the use of Segways on the City's beachwalks, baywalks, cutwalks, sidewalks, and interior park
pathways, the Administration recommends that the City Commission adopt an Ordinance regulating the
maximum speed of rental Segways operating in the City to 6 MPH (the beginner factory setting currently
available on Segways).
The new proposed ordinance seeks to establish new regulations on Segways and businesses providing rental
and tours of Segways. The new requirements include the following:
1. Requirement that Segways available for rental in the City be set at a maximum speed of 6 MPH (with
certification of such provided by the BTR holder/rental company).
2. Prohibition of the use of Segways in interior paths at South Pointe Park and Collins Park.
3. New responsibilities and insurance requirements for businesses providing Segway rentals and tours.
It is recommended that the new Segway regulations be enforced through the City's Code Compliance Division.
Provided the new regulations are adopted, staff will provide all licensed businesses currently providing Segway
rentals and tours with copies of such regulations.
Once the above new regulations have been adopted by way of an Ordinance, the City Administration will
evaluate if regulating the maximum speed of Segways on sidewalks and pedestrian pathways is an effective
safety measure, or if further Commission action is necessary. Such actions may include imposing additional
regulations on the use of Segways, such as restricting the use of Segways on certain pathways, etc., during
peak periods of pedestrian activity. City staff is engaging in an analysis of pedestrian use of the beachwalk,
baywalk, cutwalk, Lincoln Road and the west sidewalk of Ocean Drive, to more accurately assess peak
pedestrian activity.
THE ADMINISTRATION RECOMMENDS THAT THE ITEM BE OPEN AND CONTINUED
Advisory Board Recommendation:
At the May 9, 2012 Commission meeting, the City Commission approved the Ordinance on First Reading
as amended. At the June 6, 2012 Commission meeting, the Administration requested that this item be
open and continued in order to allow City staff and Segway business owners and other stakeholders the
opportunity to address outstanding concerns raised by Segway rental and tour companies. At the July 30,
2012 NCAC meeting, the Committee made several recommendations that require further evaluation by
staff.
Financial Information·
Source of Amount Account
Funds: 1
OBPI Total
Financial Impact Summary: The proposed Ordinance would not require additional staffing and would not
have a fiscal impact on the City's budget. Enforcement would be with existing Code Compliance resources.
~ MIAMIBEACH 407
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City ommission
FROM: Kathie G. Brooks, Interim City Manager
DATE: September 12, 2012
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 MIAMI BEACH CITY CODE
ENTITLED "MISCELLANEOUS OFFENSES," BY AMENDING ARTICLE II, ENTITLED
"PUBLIC PLACES"; BY AMENDING DIVISION II, ENTITLED "BICYCLING,
SKATEBOARDING, ROLLER SKATING, IN-LINE SKATING, AND MOTORIZED
MEANS OF TRANSPORTATION," BY AMENDING SECTION 70-66, ENTITLED
"DEFINITIONS," BY ADDING A DEFINITION FOR BICYCLE PATH; AND BY
AMENDING SECTION 70-67, ENTITLED "PROHIBITED ACTIVITIES," BY AMENDING
THE PROHIBITIONS REGARDING MOTORIZED MEANS OF TRANSPORTATION,
INCLUDING ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES (ALSO
KNOWN AS SEGWAYS}, BY REWORDING THE PROVISIONS THEREIN AND
CONFORMING THE LANGUAGE TO STATE LAW; BY RESTRICTING THE SPEED
OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES TO SIX (6} MPH ON ALL
CITY SIDEWALKS, SIDEWALK AREAS, AND BICYCLE PATHS; AND BY
PROHIBITING THE OPERATION OF ELECTRIC PERSONALASSISTIVE MOBILITY
DEVICES ON INTERIOR PATHWAYS WITHIN SOUTH POINTE PARK AND COLLINS
PARK; BY AMENDING SECTION 70-68, ENTITLED "EXEMPTIONS," BY
EXEMPTING THE USE OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES
BY CITY POLICE AND CITY CONTRACTED SERVICES FROM THE RESTRICTIONS
OF DIVISION II; BY AMENDING SECTION 70-69, ENTITLED "RESPONSIBILITIES OF
BICYCLISTS AND SKATERS," BY ADDING RESPONSIBILITIES FOR PERSONS
OPERATING ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES; BY
AMENDING SECTION 70-70, ENTITLED "PENAL TIES," TO PROVIDE FOR
RESPONSIBILITIES OF BUSINESSES PROVIDING RENTALS AND TOURS OF
ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES; BY CREATING SECTION
70-71, TO BE ENTITLED "PENAL TIES" TO PROVIDE CIVIL PENAL TIES IN
ADDITION TO EXISTING NON-CRIMINAL INFRACTION PENAL TIES FOR THE
VIOLATION OF CERTAIN PROVISIONS IN CHAPTER 70, ARTICLE II, DIVISION II;
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that this item be open and continued.
408
Commission Memorandum -Ordinance Regulating Speed of Segways
September 12, 2012
Page 2 of 6
CURRENT STATUS
At the January 19, 2012 joint meeting of the Neighborhood/Community Affairs Committee and
Finance and Citywide Projects Committee, during the discussion on actions recommended to
address issues that occur during major event periods (such as Memorial Day Weekend), a
recommendation was made to regulate the speed of Segways available for rental in the City to a low
setting. The Committee directed staff to proceed with any necessary legislation.
This item was subsequently discussed at the meeting of the Neighborhood/Community Affairs
Committee held on March 27,2012. The Committee (Commissioners Libbin and Wolfson present)
moved to have an Ordinance drafted and presented to the full City Commission requiring that
Segways available for rental in the City be set at a maximum speed of 6 MPH (with certification of
such provided by the Business Tax Receipt (BTR) holder/rental company) and prohibition of the use
of Segways in interior paths at South Pointe Park and Collins Park.
Further, the Transportation and Parking Committee met on April 2, 2012 and passed a motion
concurring with the City in regulating Segway speed limits to a maximum of 6 MPH.
At the May 9, 2012 Commission meeting, the City Commission approved the Ordinance on First
Reading as amended. At the June 6, 2012 Commission meeting, the Administration requested that
this item be opened and continued in order to allow City staff and Segway business owners and
other stakeholders the opportunity to address outstanding concerns raised by Segway rental and
tour companies.
On June 1, 2012, City staff met with representatives of Segway rental and tour companies to
discuss their general concerns with the proposed Ordinance. A subsequent meeting was held on
June 19, 2012 to discuss specific points of concern from Segway businesses for the City's
consideration in going forward with the proposed Ordinance. In summary, the Segway rental and
tour companies present at the meetings objected to the City's proposed restrictions of Segway use
on the Beachwalk, Cutwalk, and Baywalk and regulating speeds to a maximum of 6 MPH. Further,
the Segway rental and tour companies believed that any proposed restrictions should also apply to
other modes of motorized/electric transportation, such as trikes, electric bikes, and electric scooters,
which are currently using sidewalks and pedestrian pathways and can have top speeds in excess of
20 MPH. At this time, there are at least two businesses in the City that rent trikes and electric bikes
in addition to renting Segways.
At the July 30, 2012 Neighborhood/Community Affairs Committee (NCAC) meeting, with Segway
business owners in attendance, the Committee made several recommendations that require further
evaluation by staff.
BACKGROUND
In 2007, the City of Miami Beach (City) adopted the Atlantic Greenway Network (AGN) to create a
safer environment for pedestrians and bicyclists. The AGN proposed a comprehensive network of
pedestrian and bicycle facilities that provides direct access to important destinations within the City,
linking residential neighborhoods, commercial centers, and parks. The Beachwalk, Baywalk, and
Cutwalk corridors, as well as trails and pedestrian paths located within the interior of the City's
parks, are a major component of the AGN system and facilitate the use of alternative and
sustainable forms of transportation throughout the City.
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Commission Memorandum -Ordinance Regulating Speed of Segways
September 12, 2012
Page 3 of6
The urban, dense environment of Miami Beach leads to a high percentage of users competing for
public space, including pedestrian pathways and sidewalks. Recently, this has also included the
use of Electric Personal Assistive Mobility Devices (also known as Segways) along the City's
Beachwalk, Baywalks, Cutwalks, Sidewalks, and interior park pathways. Recent complaints with
regard to Segway use in the City have ranged from the speed at which the users pass pedestrians,
often without any warning to the pedestrian; careless and reckless behavior by the users causing
congestion and fear of injury on heavily traveled pedestrian walkways; and collisions with
pedestrians causing serious personal injuries. There have been at least two accidents involving
Segways and pedestrians that resulted in injuries requiring emergency assistance. In addition, there
has been damage to public art in Collins Park caused by Segways.
Current Regulations
The current State Statute regulating personal assistive mobility devices, §316.008(7) of the Florida
Statutes, requires the following: 1) if a person is operating the device on a sidewalk, the operator
must yield the right-of-way to pedestrians and give an audible signal before overtaking and passing
a pedestrian; 2) a person who is under the age of 16 years may not operate, ride or otherwise be
propelled on an electric personal assistive mobility device unless the person wears a bicycle helmet
that is properly fitted, that is fastened securely upon his or her head by a strap, and that meets the
standards of the American National Standards Institute (ANSI Bicycle Helmet Standards), or any
other nationally recognized standards for bicycle helmets which are adopted by the Consumer
Product Safety Commission.
Recently, at the City's request, the Florida Legislature passed House Bill 599 which amended
§316.2068 of the Florida Statutes. The law will become effective on July 1, 2012 and authorizes
municipalities to regulate the operation of electric personal assistive mobility devices on any road,
street, sidewalk, or bicycle path under its jurisdiction if the governing body of the municipality
determines that such regulation is necessary in the interest of safety. Sidewalks were added to the
list of areas where local governments may regulate, but not prohibit, the use of Segways.
In addition, municipalities are further authorized to control and regulate Segways pursuant to
§316.008(7) of the Florida Statutes. This Section provides that a municipality may restrict the
operation of electric personal assistive mobility devices, and other specified devices, on sidewalks or
sidewalk areas when such use is permissible under federal law (e.g., when Segways are not
operated on sidewalks adjacent to Federal-aid System Highways, in which case the Federal
Highway Administration must issue a permit for motorized uses other than wheelchairs and electric
bicycles). If speed is regulated by a municipal ordinance pursuant to this Section, the ordinance
must restrict the speed of the device to a maximum speed of 15 miles per hour (MPH) in such areas.
Pursuant to 23 U.S.C. § 217, electric personal assistive mobility devices are generally prohibited on
any bicycle transportation and pedestrian walkway facility, including trails, funded under the Federal-
aid highway funding program categories. An exception to the above prohibition is if a mobility device
is used by persons with mobility related disabilities. A substantial portion of the City's existing
Beachwalk segments has been funded by the Transportation Enhancement Program (TEP), a
Federal Highway Administration (FHWA) discretionary grant program administered locally by the
Miami-Dade Metropolitan Planning Organization (MPO). As such, the City is in the process of
confirming with FHWA -Florida Division whether the above federal regulations apply to the
Beachwalks and other pedestrian ways in the AGN, as this would provide further regulation of the
types of devices permitted thereon.
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Commission Memorandum -Ordinance Regulating Speed of Segways
September 12, 2012
Page 4 of6
ANALYSIS
The Administration recently contacted Segway, Inc., the sole manufacturer of Segway products, to
inquire regarding the possibility of setting a maximum speed at which Segways can operate.
Typically, Segway speeds are pre-set from the factory in two (2) distinct user settings: a "beginner"
setting of 6 miles per hour (MPH) and an "advanced" setting of 12 MPH. The speed is adjustable
between 4 MPH and 12.5 MPH in increments of 0.5 MPH. The absolute maximum speed at which
Segways can operate is approximately 12.5 MPH. However, Segways can be set by the factory or
an authorized dealer to operate up to any pre-set maximum speed through the use of the Info key
Programming Tool. This tool allows an authorized dealer or Segway representative to lock in a top
speed. An end user would then only be able to adjust the speed within the parameters set by the
dealer/factory. For instance, if a dealer set the top speed of the Segway to 10 MPH, the end user
would be able to adjust the speed between 4 MPH and 10 MPH in increments of 0.5 MPH; however,
the user would not be able to exceed the maximum speed set by the dealer/factory. The lnfokey
Programming Tool is currently only sold to authorized dealers and tour groups owned by Segway
Inc. Currently, there are two authorized dealers in South Florida and one Segway Authorized
Tour/Representative in Miami Beach which have access to the lnfokey Programming Tool
necessary to adjust maximum speeds on Segways.
City staff has confirmed that five (5) Business Tax Receipts (BTRs) have been issued for the rental
of Segways in the City; two additional BTRs have applications pending. The total number of
Segways currently available for rental by Businesses with active BTRs for Segway rentals and tours
is 75. The City does not regulate the total number of actual Segways that the businesses may have
available for rental. Some Segway rental companies provide tours of the City, and these often
involve six to seven individuals on Segways travelling in a tight group with a guide.
RECOMMENDATION
In the interest of safety and in response to recurring complaints from residents, as well as
observations regarding the use of Segways on the City's Beachwalks, Baywalks, Cutwalks,
sidewalks, and interior park pathways, the Administration recommends a two-prong approach to
addressing the issue of Segway speeds and use in the City. As a first step, and in the interest of
safety due to the proliferation of Segway users that endanger and disrupt pedestrian traffic on
sidewalks and other pedestrian pathways, the Administration recommends that the Miami Beach
City Commission adopt an Ordinance regulating the maximum speed of rental Segways operating in
the City to 6 MPH (the beginner factory setting currently available on Segways).
The proposed Ordinance would amend the City Code to require that each BTR holder, currently
providing Segway rentals in the City, provide documentation to the City certifying that each Segway
used for rental purposes has been pre-set to a maximum speed of 6 MPH, as a condition of
obtaining/renewing a BTR. Further, BTR holders providing Segway rental and tours would be
required to comply with higher general liability insurance requirements, among other responsibilities
further described below. In addition, in response to concerns with the use of Segways in interior
park pathways, the proposed Ordinance would prohibit the use of Segways in interior pathways of
South Pointe Park and Collins Park.
It is recommended that the new Segway regulations be enforced through the City's Code
Compliance Division. Provided the new regulations are adopted, staff will provide all licensed
businesses currently providing Segway rentals and tours with copies of such regulations.
411
Commission Memorandum -Ordinance Regulating Speed of Segways
September 12, 2012
Page 5 of 6
Once the above new regulations have been adopted by way of an Ordinance, the City
Administration will evaluate if regulating the maximum speed of Segways on sidewalks and
pedestrian pathways is an effective safety measure, or if further Commission action is necessary.
Such actions may include imposing additional regulations on the use of Segways, such as restricting
the use of Segways on certain pathways, etc., during peak periods of pedestrian activity. City staff is
engaging in an analysis of pedestrian use of the Beachwalk, Baywalk, Cutwalk, Lincoln Road and
the West sidewalk of Ocean Drive to more accurately assess peak pedestrian activity.
PROPOSED ORDINANCE
The proposed Ordinance will amend Sections 70-66, 70-67, 70-68, 70-69, and 70-70 of the current
City Code and create a new Section 70-71. In essence, the proposed Ordinance consists of the
following regulations:
1. Requirement that Segways available for rental in the City be set at a maximum speed of 6
MPH (with certification of such provided by the BTR holder/rental company).
2. Prohibition of the use of Segways in interior paths at South Pointe Park and Collins Park.
3. New responsibilities and insurance requirements for businesses providing Segway rentals
and tours.
In particular, the proposed Ordinance consists of the following changes to the City Code:
• Section 70-66 of the Code is being revised to include a definition for "bicycle path" which
includes the City's coastal pathways, beachwalk, baywalk, and cutwalk that are within the
Atlantic Greenway Network.
• Section 70-67 of the Code is being revised to include a restriction on the maximum speed of
electric personal assistive mobility devices to 6 MPH on sidewalk, sidewalk areas, and
bicycle paths; and a prohibition of Segways on the interior pathways within South Pointe
Park and Collins Park.
• Section 70-68 of the Code is being revised to exempt Police Department electric personal
assistive mobility devices from the proposed restrictions and new requirements.
• Section 70-69 of the Code is being revised to include responsibilities of operators of electric
personal assistive mobility devices.
• Section 70-70 of the Code is being revised to include responsibilities of businesses
providing rentals and tours of electric personal assistive mobility devices. New requirements
include obtaining a BTR from the City pursuant to Chapter 102 of the City Code, providing
certification from an authorized Segway dealer that the device has been set to a maximum
speed of 6 MPH at the time of BTR application, general liability insurance requirements in
the amount of $1 million, listing City of Miami Beach as additional insured, a waiver of liability
from all renters, and renter acknowledgment of all applicable State laws, codes, and City
regulations.
• Section 70-71 of the Code is being added to reflect a penalty schedule for a violation of any
of the above requirements. The penalties for each violation of the above proposed
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Commission Memorandum -Ordinance Regulating Speed of Segways
September 12, 2012
Page 6 of6
regulations are as follows:
o $100 for the first offense
o $250 for the second offense
o $500 for the third offense
o $1000 for the fourth offense
o Habitual offenders are subject to forfeiture of license
FINANCIAL IMPACT
Charter section 5.02 requires that the "City of Miami Beach shall consider the long-term economic
impact (at least 5 years) of proposed legislative actions." Staff has determined that there will not be
a fiscal impact on the City's budget by enacting the proposed ordinance. The implementation of the
proposed Ordinance would not require additional staffing. Enforcement of the proposed Ordinance
would be achieved through the Code Compliance Department utilizing existing resources.
CONCLUSION
At the July 30, 2012 NCAC meeting, the Committee made several recommendations that require
further evaluation by staff. Therefore, the Administration recommends that this item be open and
continued.
KGB/JGG/FHB/RWS/JRG
T:\AGENDA\2012\9-12-12\Segways speed. MEMO
413
ORDINANCE NO.------
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE
MIAMI BEACH CITY CODE ENTITLED "MISCELLANEOUS
OFFENSES," BY AMENDING ARTICLE II, ENTITLED "PUBLIC
PLACES"; BY AMENDING DIVISION II, ENTITLED "BICYCLING,
SKATEBOARDING, ROLLER SKATING, IN-LINE SKATING, AND
MOTORIZED MEANS OF TRANSPORTATION," BY AMENDING
SECTION 70-66, ENTITLED "DEFINITIONS," BY ADDING A
DEFINITION FOR BICYCLE PATH; AND BY AMENDING SECTION 70-
67, ENTITLED "PROHIBITED ACTIVITIES," BY AMENDING THE
PROHIBITIONS REGARDING MOTORIZED MEANS OF
TRANSPORTATION, INCLUDING ELECTRIC PERSONAL ASSISTIVE
MOBILITY DEVICES (ALSO KNOWN AS SEGWAYS), BY
REWORDING THE PROVISIONS THEREIN AND CONFORMING THE
LANGUAGE TO STATE LAW; BY RESTRICTING THE SPEED OF
ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES TO SIX (6)
MPH ON ALL CITY SIDEWALKS, SIDEWALK AREAS, AND BICYCLE
PATHS; AND BY PROHIBITING THE OPERATION OF ELECTRIC
PERSONAL ASSISTIVE MOBILITY DEVICES ON INTERIOR
PATHWAYS WITHIN SOUTH POINTE PARK AND COLLINS PARK; BY
AMENDING SECTION 70-68, ENTITLED "EXEMPTIONS," BY
EXEMPTING THE USE OF ELECTRIC PERSONAL ASSISTIVE
MOBILITY DEVICES BY CITY POLICE AND CITY CONTRACTED
SERVICES FROM THE RESTRICTIONS OF DIVISION II; BY
AMENDING SECTION 70-69, ENTITLED "RESPONSIBILITIES OF
BICYCLISTS AND SKATERS," BY ADDING RESPONSIBILITIES FOR
PERSONS OPERATING ELECTRIC PERSONAL ASSISTIVE
MOBILITY DEVICES; BY AMENDING SECTION 70-70, ENTITLED
"PENAL TIES," TO PROVIDE FOR RESPONSIBILITIES OF
BUSINESSES PROVIDING RENTALS AND TOURS OF ELECTRIC
PERSONAL ASSISTIVE MOBILITY DEVICES; BY CREATING
SECTION 70-71, TO BE ENTITLED "PENAL TIES" TO PROVIDE CIVIL
PENAL TIES IN ADDITION TO EXISTING NON-CRIMINAL
INFRACTION PENALTIES FOR THE VIOLATION OF CERTAIN
PROVISIONS IN CHAPTER 70, ARTICLE II, DIVISION II; PROVIDING
FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN
EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of Miami Beach seek to
encourage the safe use of bicycle paths in the City; and to facilitate and balance the health,
safety, and welfare interests of bicyclists, pedestrians, and others utilizing bicycle paths,
sidewalks, and sidewalk areas in the City; and
WHEREAS, the City of Miami Beach is an international tourist destination that attracts
visitors from around the world year round which thereby significantly increases the use and
congestion of the City's bike paths, sidewalks, and pedestrian ways; and
WHEREAS, Section 316.2068(5) of the Florida Statutes was amended, effective July 1,
2012, to provide that a "municipality may regulate the operation of electric personal assistive
414
devices on any road, street, sidewalk, or bicycle path under its jurisdiction if the governing body
of the ... municipality determines that regulation is necessary in the interest of safety"; and
WHEREAS, municipalities are further authorized to control and regulate segways
pursuant to Section 316.008(7) of the Florida Statutes, which provides that a municipality may
restrict the operation of electric personal assistance mobility devices to a maximum speed of 15
miles per hour on sidewalks or sidewalk areas when such use is permissible under federal law
(i.e., when such devices are not operated on sidewalks adjacent to Federal-aid System
Highways, in which case the Federal Highway Administration must issue a permit for motorized
uses other than wheelchairs and electric bicycles); and
WHEREAS, the City's bicycle paths on the Beachwalk, Baywalk, Cutwalk, and the City's
coastal pathways are within the Atlantic Greenway Network; and
WHEREAS, due to the safety concerns and injuries already experienced on the City's
heavily traveled bicycle paths and sidewalks, the Mayor and City Commission hereby determine
that it is in the interest of public safety that electric personal assistive devices be limited to a
maximum speed of six (6) mph on all City sidewalks, sidewalk areas, and bicycle paths; and
WHEREAS, due to the congestion of interior pedestrian pathways within Collins Park
and South Pointe Park, and physical damage to the public art work in Collins Park caused by
persons on electric personal assistive devices, the Mayor and City Commission determine that,
in the interest of safety, such devices should not be permitted in these areas.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1.
That Division II, entitled "Bicycling, Skateboarding, Roller Skating, In-Line Skating, and
Motorized Means of Transportation," of Article II, entitled "Public Places," of Chapter 70, entitled
"Miscellaneous Offenses," of the Miami Beach City Code is hereby amended as set forth below.
Other sections in Division II are also provided for reference purposes.
CHAPTER 70
MISCELLANEOUS OFFENSES
* * *
ARTICLE II. Public Places
* * *
DIVISION II. Bicycling, Skateboarding, Roller Skating, In-Line Skating,
and Motorized Means of Transportation
* * *
Sec. 70-66. Definitions.
The following definitions are applicable to this division:
2
415
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.
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.
Launching means using any angled or elevated surface which the skater, skateboarder,
or cyclist can jump from in order to get airborne.
Rail sliding means [a process] 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. 70-67. Prohibited activities.
* * *
(b) It shall be unlawful for any person to engage in bicycling, roller skating, in-line skating, or
skateboarding, or operating any motorized means of transportation, in, on. or upon any
portion of the sidewalk on the west side of Ocean Drive between South Pointe Drive and
15th Street at any time. except for wheelchairs or other motorized devices when used by
disabled persons, in, on, or upon any portion of the sidewalk on the 'Nest side of Ocean
Drive between Biscayne Street and 15th Street at any time.
(c) It shall be unlawful to operate any motorized means of transportation in. on. or upon any
sidewalk or sidewalk areas in the city, except for {.§} wheelchairs or other motorized
means of transportation devices when used by disabled persons, and (b) electric
gersonal assistive mobility devices which shall be restricted to a maximum speed of six
(6) miles per hour. in, on, or upon any side'.valk or pedestrian 'Nalkway in the city.
@ It shal! be unlawful to operate an electric personal assistive device on any bicycle path ln
the City at a speed greater than six (6) miles per hour.
~{Stl It shall be unlawful to grind, rail slide, launch, or stall on the skateboard, in-line skates, or
roller skates or to engage in any other such type of activity which results in the damage
of public or private property.
ill It shall be unlawful to operate an electric personal assistive mobility device on interior
pathways within South Pointe Park and Collins Park.
Sec. 70-68. Exemptions.
Police department bicycle, af\G in-line skate, and electric personal assistive device patrol
units, city service vehicles, city-contracted security and maintenance services, service vehicles
authorized bv the city for use by city lessors. concessionaires, or other city contractors operating
3
416
pursuant to an agreement with the city, and the city-operated tram service shall be exempt from
the restrictions of this division.
Sec. 70-69. Responsibilities of bicyclists.~....aRd skaters .... and persons operating electric
personal assistive mobility devices.
(a) It shall be unlawful for any person to engage in bicycling, skateboarding, in-line skating,
or roller skating in the following areas:
1. On the grounds of any public facility including, but not limited to, city hall,
municipal parking garages, city police and fire stations, city public works yards,
and historically designated properties.
2. On any public walls, ramps, fountains, or other fixtures or structures.
(b) Bicycles shall not be chained or otherwise secured to any tree, fixture, or object which is
not a bicycle rack on any portion of Lincoln Road or Ocean Drive.
(c) Whenever any person is riding a bicycle, skateboarding, in-line skating, or roller skating,
such person shall engage in such activity at a controlled speed which does not endanger
the safety of pedestrians or others, shall yield the right-of-way to any pedestrian, and
shall give an audible signal before overtaking and passing such pedestrian .
.(Ql Whenever a person is operating an electric personal assistive mobillty device. such
person shall comply with aU applicable state, county, and cltv regulations and laws.
Sec. 70-70. PeRalties Responsibilities of businesses providing rentals and tours of
electric personal assistive mobility devices.
A violation of any of the pF0\4sions of this division shall be deemed a nGn criminal infraction as
defined in FS. §318.13(3) and shall be subject to the penalties set furth in F.S. §316.6556.
Any person that rents, leases, or provides tours for electric personal assistive mobility devices
shall:
{§} Obtain a business tax receipt from the city pursuant to Chapter 102 of the City
Code;
{Ql Provide a minimum of $1,000,000.00 in liability insurance coverage that includes
the City of Miami Beach as a named insured;
.(£1 Provide a certificate from an authorized electric personal assistive mobility device
dealer verifying that each device made available for rent, lease. or tour has been
set to a maximum speed of six (6) mph;
@ Obtain a release of liability and hold harmless agreement acceptable to the Cit£
Attorney, releasing and holding the City of Miami Beach harmless from liability
signed by all renters of electric personal assistlve mobility devices which release
and hold harmless agreement shall be made available for inspection by the city
at any time during business hours; and
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{ill Provide all renters of electric personal asslstive mobility devices with a copy of all
applicable state and city laws, codes and regulations, the receipt of which shall
be acknowledged by the renter.
ill Comply with all administrative rules that may be established by the city regarding
rental, leases, or tours of electric personal assistive mobility devices.
Sec. 70-71. Penalties.
fill A violation of the provisions in Sections 70-67 and 70~69 shall be deemed a non-criminal
infraction as defined in ES. § 318.13(3} and shall be subject to the penalties set forth in
F.S. § 316.655.
i.Ql A violation of the provision in Section 70-70 shall be enforced in accordance with the
following procedures and penalties:
.L If a code compliance officer finds a violation of this chapter. 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 20 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.
f... A violator who has been served with a notice of violation shall elect either to:
.§. Pay the civil fine as follows:
(i) First offense ........................................ ,, ,$100,00;
(ii} Second offense"'"'""'""' ..................... , .. $250.00;
(iii) Third offense ........ , ............................... J!500,00;
(iv) Fourth and subsequent offenses .. , ... ., ....... $1,000.00; or
.Q. Request an administrative hearing within 20 days before a special master
appointed as provided in article II of chapter 30 to ap2eal the decision of
the code compliance officer which resulted in the issuance of the notice of
violation.
£. If the offense is a fourth or subsequent offense, it shall also be considered
an habitual offender offense and. in addition to the penalty set forth in
subsection 70-71(b)(2)(a)(iv). the City Manager may issue an
administrative complaint for the suspension or revocation of a business
tax receipt and certificate of use as provided in sections 102-383 through
102-385.
~ If the named violator. after notice, fails to pay the civil fine or fails to timelv
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 decision of the code compliance
officer within the prescribed time (2eriod shall constitute a waiver of the violators
right to administrative hearing before the S(2ecial master. A waiver of the right to
an administrative hearing shall be treated as an admission of the violation and
penalties may be assessed accordingly.
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4. Any party aggrieved by the decision of the special master may appeal the
decision in accordance with law.
§... The city may institute proceedings in a court of competent jurisdiction to compel
payment of civil fines.
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. After two months from the filing of any such lien which remains unpaid,
the city may foreclose or otherwise execute upon the lien.
ffl The procedures for appeal of the notice of violation by administrative hearing shall be as
set forth in sections 102-384 and 1 02-385.
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.
This Ordinance shall take effect the 151 day of July, 2012.
PASSED and ADOPTED this __ day of------.....:' 2012.
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
MATTI HERRERA BOWER
MAYOR
Underline denotes additions and strike through denotes deletions
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