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R5A-Amend Miscellaneous Offenses - Speed Of Segways -Weithorn-COMMISSION I I I::M 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 Eight (8) 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 70-613, 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; Amending Section 70-70, Entitled "Penalties," To Provide For Responsibilities Of Businesses Providing Rentals And/Or 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 Article II, Division II; Severability; d An Effective Date. Key Intended Outcome Supported: I Supporting Data (Surveys, Environmental Scan, etc.): Not Applicable Issue: I Shall the Mayor and City Commission approve the Ordinance? 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 8 MPH. It should be noted that at First Reading of this Ordinance on May 9, 2012, the City Commission approved restricting the maximum speed of Segways to 6 MPH: however, as a result of several meetings with Segway tour and rental companies, stakeholders, discussion at the July 30, 2012 NCAC meeting, and the feedback from Segway, Inc. on this particular matter, the Administration recommends that the maximum speed of Segways be set at 8 MPH. The new proposed ordinance seeks to establish new regulations on Segways and busines viding rental and tours of Segways. The new requirements include the following: 1 )Requirement t available for rental in the City be set at a maximum speed of 8 MPH. 2)Establishing a minimum age limit of 16 years and minimum weight limit of 100 pounds to operate a Segway. 3)Prohibition of the use of Segways in interior paths at South Pointe Park and Collins Park. 4)New responsibilities and insurance requirements for businesses providing Segway rentals and tours and for users as stipulated in the Administrative Rules set forth by City Resolution. It is recommended that the new Segway regulations be enforced through the City's Code Compliance Department and the Police Department Provided the new regulations are adopted, staff will provide ail 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, including imposing additional regulations on the use of Segways (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, and Cutwalk to more accurately assess peak pedestrian and evaluate whether further regulations are warranted. THE ADMINISTRATION RECOMMENDS THAT THE ORDINANCE BE APPROVED ON SECOND READING. Account C9 N\IA/\1\1 BEACH 231 IBE City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, COMMISSION MEMORANDUM TO: FROM: DATE: Mayor Matti Herrera Bower and Members Kathie G. Brooks, Interim City Manager October 24, 2012 I Commission 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 70m66, 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 EIGHT (8) 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 70m70, ENTITLED "PENAl TIES/' TO PROVIDE FOR RESPONSIBILITIES OF BUSINESSES PROVIDING RENTALS AND/OR 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 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 approved on Second Reading. 232 Commission Memorandum -Ordinance Regulating Speed of Segways October 24, 2012 Page 2 of 9 PRIOR COMMITTEE AND COMMISSION ACTIONS At the January 19, 2012 joint meeting of the Neighborhood/Community Affairs Committee (NCAC) and Finance and Citywide Projects Committee (FCWPC), 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 NCAC 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 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. On June 1, 2012, City staff met with representatives of Segway rental and tour companies to discuss their general concerns the proposed Ordinance. At the June 6, 2012 Commission meeting, the Administration requested that this item be opened and continued to September and the item was referred to NCAC in July in order to allow City staff and Segway business owners and other stakeholders the opportunity to address outstanding concerns. A subsequent meeting with Segway rental and tour companies was held on June 19, 2012 to further discuss specific points of concern from the industry regarding the City's proposed Ordinance. In summary, Segway rental and/or 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, Segway rental and/or 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 NCAC meeting, the Committee made several recommendations that required further evaluation by staff. These recommendations are further described in the section below. At the September 12, 2012 Commission meeting, this item was opened and continued to the October Commission meeting. CURRENT STATUS At the July 30, 2012 NCAC meeting, with Commissioners Tobin, Ubbin and Exposito, present as well as several residents and representatives from Segway rental and/or tour companies, additional comments and concerns regarding the City's proposed Ordinance were raised and discussed. The Committee directed the Administration to bring this to the City Commission having considered the comments raised. As such, City staff has conducted further research and analysis to address each of the comments. Below is a listing of all points raised at the 30th NCAC meeting and the City 233 Commission Memorandum -Ordinance Regulating Speed of Segways October 24, 2012 Page 3 of 9 Administration recommendation for each. We have classified comments as "Responsibilities of Business Entities" and "Responsibilities of Users." RESPONSIBILITIES OF BUSINESS ENTITIES 1) Comment: A speed limit of 8 MPH as long as the documentation from the manufacturer substantiates the claim that the motors will bum out at 6mph. City Response: City staff has contacted Segway Inc. in regards to this particular issue and requested the manufacturer provide a recommendation in this regard. Please see attached response from Mr. Nicola Dallatana, Vice President of Global Regulatory Affairs, Segway, Inc. The manufacturer has advised that while a maximum speed limit setting will not cause harm to a machine, a speed limit of 9 MPH is recommended in open environments. Further, every Segway machine is equipped with a Speed Limiter which is automatically triggered 2 MPH before the programmed top speed is encountered. In other words, a Segway that is set to a maximum speed limit of 8 MPH, for example, will begin applying negative torque and pitching rearward (pushing the handlebar back towards the user) at a speed of 6 MPH, thereby alerting the user that he/she is approaching the maximum speed limit on the machine. 2) Comment: Administration to look at the insurance requirements to ensure the company is Best rated of B+VI, or better, to ensure coverage, and that there is a medical payment coverage of no less than $25,000 in the event that someone is hurt City Response: This provision is included in the proposed Administrative rules set forth in City Resolution. 3) Comment: Visible identification on each Segway listing the name of the company. City Response: This provision is been included in the Administrative Rules set forth in City Resolution. 4) Comment: Accident reporting requirements that are consistent with motor vehicles. City Response: This provision is been included in the Administrative Rules set forth in City Resolution. 5) Comment: Limiting use to certain areas. City Response: This requirement is been included in the proposed Ordinance. 6) Comment: Prior to renting, the company is to sign an affidavit that states that the renter has been trained and the company believes the driver is competent to be on the street City Response: This provision is included in the Administrative Rules set forth in City Resolution. Comment: City Response: Review the penalties. This requirement is included in the proposed Ordinance. The Administration believes that the proposed fine amounts are appropriate and would discourage violations based on 'the cost of doing business' by Segway rental and/or tour companies. On average, the cost of a 2-hour Segway rental is $50, while the amount of the fine for a first offense is $100. Subsequent fines 234 Commission Memorandum -Ordinance Regulating Speed of Segways October 24, 2012 Page 4 of 9 8) Comment: City Response: 9) Comment: City Response: 10) Comment: City Response: 11) Comment: City Response: 12) Comment: City Response: 13) Comment: City Response: 14) Comment: City Response: 15) Comment: City Response: are $250 for the second offense, $500 for the third offense, $1 000 for the fourth offense, and habitual offenders are subject to forfeiture of license. Include other vehicles; not Hmit to Segways. The City's interest is to protect the general public and ensure the safety of all users of our transportation and recreational facilities. As such, particular Ordinance serves to enhance the safety of Segway operators and users of our Beachwalk, Cutwalk, Baywalk, and sidewalk areas. Other modes of motorized transportation on public rights-of-way are currently regulated through Florida Statutes. Moreover, motorized means of transportation are already prohibited in existing language in the City Code. However, if so desired by the Commission, the Administration can address other regulations for motorized transportation and present to City Commission for approval at a future date. Safety requirements should be posted on the window of the entities and the renters should have to sign-off and be given a copy of the City's safety requirements. This provision is included in the Administrative Rules set forth in City Resolution. In large font, identify their company, telephone number and vehicle ID number on their vehicles. This provision is included in the Administrative Rules set forth in City Resolution. Not rent their vehicles for use after darkness falls. This provision is included in the Administrative Rules set forth in City Resolution. Not permit the motorized means of transportation on the west side of Ocean Drive from 51h to 15th Street This requirement is currently in the City Code. Not knowingly put into service any vehicle it suspects is unsafe, nor shall it lease a vehicle to any person who it has reason to believe is incompetent to operate the vehicle or who may be recklessly indifferent to the safety of others. This provision is included in the Administrative Rules set forth in City Resolution. Post operating regulations in plainly visible signs at their rental offices and verify that their lessees understand them. This provision is included in the Administrative Rules set forth in City Resolution. Require a minimum age restriction The City has contacted Segway Inc. for guidance in this regard. Please refer to the attached email from Nicola Dallatana, Vice President of Global Regulatory Affairs, dated September 28, 2012, where Segway recommends 235 Commission Memorandum -Ordinance Regulating Speed of Segways October 24, 2012 Page 5 of 9 16 years old as minimum age a Segway operator, and more importantly, a minimum weight limit of 100 pounds. There are no height limits. This requirement is included in the Administrative Rules set forth in City Resolution. RESPONSIBILITIES OF USERS 1) Comment: City Response: 2) Comment: City Response: 3) Comment: City Response: 4) Comment: City Response: 5) Comment: City Response: BACKGROUND Require any Segway operator to stop and render assistance to any person that operator may have collided with, fully identify himself/herself, identify rental agency and vehicle ID, and file a police report describing the accident and the ID of the victim(s). This requirement has been included in the Administrative Rules set forth in City Resolution. Require operators to use audible signals when approaching pedestrians from the rear. This requirement is currently included in State Statute (§316.2068(e)) and in the City Code. Require operator to yield to pedestrians. This requirement is currently included in State Statute (§316.2068(e)) and in the City Code. Notify the police of any collisions between Segway operators and pedestrians as soon as they become aware of them. This provision is included in the Administrative Rules set forth in City Resolution. Prohibit operator from racing or stunt-driving. This provision is included in the Administrative Rules set forth in City Resolution. 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. 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 236 Commission Memorandum -Ordinance Regulating Speed of Segways October 24, 2012 Page 6 of 9 has been damage to public art in Collins Park caused Segways. CURRENTREGULAnONS Section 316.2068 of the Florida Statutes requires the following in subsection (1)(e): if a person is operating the device on a sidewalk, the operator must yield the right-ofMway to pedestrians and give an audible signal before overtaking and passing a pedestrian; and in subsection (4): 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 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 became effective on 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 Beachwa!ks and other pedestrian ways in the AGN, as this would provide further regulation of the types of devices permitted thereon. 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/turtle" setting of6 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 lnfokey 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 237 Commission Memorandum -Ordinance Regulating Speed of Segways October 24, 2012 Page 7 of 9 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, at this time, three (3) Business Tax Receipts (BTRs) have been issued for the rental of Segways in the City; one additional BTR application is pending. The total number of Segways currently available for rental by Businesses with active BTRs for Segway rentals and/or tours is approximately 75. The City does not currently regulate 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 eight (8) MPH. It should be noted that at First Reading of this Ordinance on May 9, 2012, the City Commission approved restricting the maximum speed of Segways to 6 MPH; however, as a result of several meetings with Segway rental and/or tour companies, stakeholders, discussion at the July 30, 2012 NCAC meeting, and the feedback from Segway, Inc. on this particular matter, the Administration recommends that the speed of Segways be set at 8 MPH The proposed Ordinance would amend the City Code to require that each business providing Segway rental and/or tours 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 8 MPH. Further, businesses providing Segway rental and/or tours would be required to comply with higher general liability insurance requirements, among other responsibilities further described below and as stipulated in the Administrative Rules set forth in City Resolution. 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 and the City's Pollee Department Provided the new regulations are adopted, staff will provide all licensed businesses currently providing Segway rental and/or tours with copies of the new Ordinance and Administrative Rules. Once the new Ordinance and Administrative Rules have been implemented, the City Administration will evaluate if regulating the maximum speed of Segways on sidewalks and pedestrian pathways is a sufficient safety measure, or iffurther 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 238 Commission Memorandum -Ordinance Regulating Speed of Segways October 2012 Page 8 of 9 analysis of pedestrian use of the Beachwalk, Baywalk, and Cutwalk 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 ofthe current City Code and create a new Section 70-71. In essence, the proposed Ordinance consists ofthe following regulations: 1. Requirement that Segways available for rental in the City be set at a maximum speed of eight (8) MPH. 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 rental and/or 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 eight (8) MPH on sidewalk, sidewalk areas, and bicycle paths; and a prohibition of Segways on the interior pathways within South Pointe Park and Collins Park. Also, existing Code language is provided for reference. • Section 70-68 of the Code is being revised to exempt Police Department electric personal assistive mobility devices, City service vehicles, and City contractor service vehicles from the proposed regulations 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 entities providing rentals and/or tours of electric personal assistive mobility devices. New requirements include: a) Obtain a business tax receipt from the City pursuant to Chapter 1 02 of the City Code. b) Provide a minimum of $1,000,000.00 in liability insurance coverage that includes the City of Miami Beach as a named or additional insured. c) 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 eight (8) MPH, 239 Commission Memorandum -Ordinance Regulating Speed of Segways October 24, 2012 Page 9 of 9 d) Obtain a release of liability and hold harmless agreement, releasing and holding the City of Miami Beach harmless from liability signed by all renters of electric personal assistive mobility devices, which release and hold harmless agreement shall be made available for inspection by the City at any time during business hours. e) Provide all renters of electric personal assistive mobility devices with a copy of all applicable Federal, State, and City laws, codes and regulations, the receipt of which shall be acknowledged by the renter. f) Comply with all administrative rules that may be established by the City regarding rental, leases, or tours of electric personal assistive mobility devices. • Section 70-71 of the Code is being added to reflect enforcement and penalty provisions. The penalties for violations of Sections 70-69(d)-(e) and 70-70 are as follows: o $100 for the first offense o $250 the second offense o $500 for the third offense o $1000 for the fourth offense o Habitual offenders are subject to forfeiture of license The penalties for violations of Sections 70-67 and 70-69(a)-(c) are deemed non-criminal infractions as defined in Section 318.13(3) of the Florida Statutes and shall be subject to the penalties set forth in Section 316.655, Florida Statutes. 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 ofthe proposed Ordinance would not require additional staffing. Enforcement ofthe proposed Ordinance would be achieved through the Code Compliance and Police Departments, utilizing existing resources. Attachments KGB/JGG/FHB/RWS/JRG T:\AGENDA\2012\10-24-12\Segways speed. MEMO 240 Attachment Castellanos, Diana From: Sent: To: Castellanos, Cc: Sarmiento, Subject: FW: contact details Attachments: MIAMI Referenced attachment to Segway Memo/Ordinance. Thanks. MIAMi BEACH JOSE R, GONZALEZ, P.E. TRANSPORTATION MANAGER Transportation Division-Public Works Department 1700 Convention Center Miami Beach, FL 33139 Debora Tel: 305-673-7080 Ext. 6768 I Cel: (786) 295-6863/ =~:::.r.::~~=,=..:~===-".h!= http://www.miamibeachfl.gov We are committed to historic community. Message----- excellent serJice ancl safety to all who From: N :cola Dal!ata na ~==.:c~=~==~....:::.::=-::.~"'-="'-!.:J Sent: Friday, Dear Mr. work and in our vibrant, As manufacturers we recommend 16 years old as minimum age. In controlled environments or accompanied by adults we are aware of independent tour operators 14 years olds. More we recommend a minimum limit of 100 lbs. are not height limits. Please find other recommendations and specs at page 5 the Segway PT Reference Manual in the Concerning the other questions, you will find a note attached. Please confirm its reception. If you have further questions, we will be glad to assist you. Best regards, Nicola Dallatana 241 JOSE R. GONZALEZ. PE TRA.NSPORTA TION MANAGER TransrJortati<m Division -Public Works Det)Artment 1700 Center Drive, M!arni SEGWRY Parma, 27th of September 2012 Tel: 305-673-7080 Ext 6768 I Cel: (786) 295-68631 josegonzalez(Q)rniamibeachflqov Dear Mr. Gonzalez, Following our telephone conversation yesterday, I gladly share information about technical features of the Segway PTs which should useful when deciding on how to regulate their use in your jurisdiction. Obviously, we will support any measures which will promote responsible riding and improve the safety of PT riders and other users of public space. To that end, we strongly recommend that the maximum speed to be programmed on the local units should not be less than 9mph. 1 I believe you are familiar with how the Speed Limiter works. Please refer to our safety video at 1:30 seconds to find relevant information about this routine? As stated on the Segway Reference Manual 3 at page 48: Speed limiter '//hen tow arpwach th-e mnt\mum ffi,!owet ;c.tpe:act. the S~gwa/ PT' Lir>Hter W'H p~l$'h the: Hal1d'eb<'ir back to $>O>V y-;'t.l dowr: :$N 16>. PT$ $;)-et:<d L ifniter ,$an t:~!-ert that yod ane mov~r,-g toe th-e Mand:etm hac~ stop !eave a cetw-eer1 17 Riding against the Haml!ebar can cause loss of controL collisions. falls, and mjury. The speed at wtHch the Speed L!m1ter ousnes the Handlebar back on a factors 4\duoif~g Of I\Ot the Setting is positioning, and otner factors. What is not apparent from public documentation is that the speed limiter routine is triggered 2mph before the programmed top speed is encountered. This means that the machine will start pitching rearward, moving the Leans Steer back towards the rider. This region is important to gradually notify the riders that 1 Typically novice users are trained on units which are speed limited to 6 mph for the time necessary to understand its what we call 'Turtle Mode'. Once have acquired sufficient skills and the riding environment is appropriate, are allowed to ride at higher speeds gradually. This process is documented our Official Guided Tours Waivers and Orientation checklists. : Video:~~~~~~~~~~~~~~~~~~. 14 Technology Drive • Bedford, NH 03110 o USA • P: 603.222.6000 • F: 603.222.6001 • www.segway.com 242 SEGWAIY they are approaching the speed limit creating an uncomfortable position for them to sustain. Once the programmed top speed limit is reached, the machine will more aggressively push the bar back so that the maximum speed can not be sustained above the set level. Setting a top speed limit to less than 9 mph for trained users in a open environment is NOT recommended for the following reasons. Our product documentation (video, individual training, manuals) specifically warns against trying to "overpower" the speed limiter, which places the body and machine in an orientation that is less able to deal with transients (bumps, holes, changes of terrain, slopes etc). Setting a very low speed threshold will have the negative effect of inviting people to ride against the speed limiter all the time. The reason why we believe that there is good basis to taking into consideration a reasonable top speed is that we wanted to ensure that the user could accelerate slightly, even if this was for just a few seconds, in case an obstacle was approaching. An example is a PT user crossing the street with a car approaching quickly. As a last point, we would respectfully point out that it might be easier to enforce restrictive measures on certain locations (for example of sidewalks that are narrower than a certain amount of feet). We hardly believe an agent will be able to tell the difference between units riding at 6 or 9 mph, both of which are a fraction of the speed one can easily reach running, skateboarding, skating, cycling or with any device which is not, like in our case, speed limited. Since understanding this machine is cumbersome based only on written information, we would like to offer the opportunity to have one of our representatives to meet you in person and give a practical demonstration of why we believe that there exist substantial arguments for not limiting the top speed to less than 9mph. We understand the difficulty of having to deal with a technology that is so different from traditional means of transportation where braking is commanded under all circumstances by the user. For this reason I thank you in advance for your valuable time and look forward to hearing back from you. Best regards, Nicola Dallatana Vice President Global Regulatory Affairs Segway Inc. Strada Mulatliera lnferiore 21 4310 Parma Italy Cell +393387999448 Mob +390521671505 14 Technology Drive e Bedford, NH 03110 * USA * P: 603.222.6000 o F: 603.222.6001 e www.segway.com 243 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 EIGHT (8) 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/OR TOURS OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES; BY CREATING SECTION 70-71, TO BE ENTITLED "PENALTIES" 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 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 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 1, 2012, to provide that a "municipality may regulate the operation of electric personal assistive 244 on any road, street, sidewalk, or bicycle path under its jurisdiction if .. municipality determines that regulation is necessary in interest safety"; and WHEREAS, municipalities are further authorized to control and regulate segways pursuant to Section 316.008(7) the Florida Statutes, which provides that a municipality may restrict the operation of electric personal assistance mobility devices to a maximum speed 15 miles per hour on sidewalks or sidewalk areas when such use is permissible under federal when such devices are not operated on sidewalks adjacent to Federal-aid System Highways, in case Federal Highway Administration must issue a permit motorized uses other than wheelchairs and electric bicycles); and WHEREAS, the City's bicycle paths on the Beachwalk, Baywalk, Cutwalk, and the 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 that it is in the of public safety that electric personal assistive mobility devices be regulated as set forth and, where otherwise not prohibited, limited to a maximum speed of eight (8) 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 public art work in Collins Park caused by persons on electric personal assistive mobility devices, the Mayor and City Commission determine that, in the interest 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, "Miscellaneous Offenses," of the Miami Beach City Code is hereby amended as 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, ln~Line Skating, and Motorized Means of Transportation * * Sec. 70~66. Definitions. The following definitions are applicable to this division: 2 245 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 edge of the curb or rail. Launching means using any angled or elevated surface which the skater, skateboarder, or can jump from in order to get airborne. Rail sliding means [a process] similar curb or edge grinding. Handrails are often used rail in the skater jumps to the top of rail 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 part of the skateboard. Sec. 70~67. Prohibited activities. (a) It shall be for any to engage in skateboarding, or any motorized means of transportation, except for wheelchairs or such other motorized devices when used by disabled persons, in, on, or upon any portion of Lincoln Road Mail lying west of the westerly of Washington Avenue to the easterly line of Alton Road any time. (b) It shall be unlawful any person to engage in bicycling, roller skating, 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 fur wheelchairs or other motorized devices when used by disabled persons, in, on, or upon any pertion of the sidev.'alk on the west side of Oeoan Drive between Biseayne Street and 15th Street at any time. (c) It be unlawful to operate any motorized means 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 personal assistive mobility devices, where otherwise not prohibited, which shall be restricted to a maximum speed of $:f€H eight (8) miles per hour, iR, on, or upon any sidewalk or pedestrian vvalkway in the city. @ It 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 (8) miles per houL ~.{§} 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 typo of activity which results: in the damage public or private property. 3 246 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. bicycle, afl€1: in-line skate, and electric personal assistive device patrol service vehicles, city-contracted security and maintenance services, =~=--~~= authorized by the city for use by city lessors, concessionaires, or other city contractors operating pursuant to an agreement with the city, and the city-operated tram service shall be exempt the restrictions of this division. Sec. 70·69. Responsibilities of bicyclists.~...aoo skaters., and persons operating electric personal assistive mobility devices. (a) It shall be unlawful any person to engage in bicycling, skateboarding, in-line skating, 0f roller skating, or operating electric personal assistive mobility devices in the following areas: i. On the grounds of any public facility including, but not limited city hall, municipal parking garages, city police and stations, public works yards, and historically designated properties. 2. On any public ramps, fountains, or or structures. 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. Whenever any person is riding a bicycle, skateboarding, in-line skating, 0f roller skating, or operating an electric personal assistive mobility device, such person shall engage in such activity at a Gontrolled safe speed which does not endanger the safety of pedestrians or others, shall yield the right-of-way any pedestrian, and shall an audible signal before overtaking and passing such pedestrian. iQ2 Whenever a person is operating an electric personal assistive mobility device, such person shall comply with all applicable federal, state, and county, and si~:t regulations, administration rules, and laws. ifU Whenever a person is operating an electric personal assistive mobility device, such person shall comply with all agplicable administrative rules established by the city. Sec. 70-70. Penalties Responsibilities of persons and businesses entities providing rentals, leases, and/or tours of electric personal assistive mobility devices. A violation of any of the provisions ef this division shall bo deemed a non criminal infraGtiGH·was defined in F.S. §318JJ(J) and shall 9e sul:>jeot to the penalties set forth in F.S. §316.6§55. Any person or business entity that rents, leases, and/or provides tours for electric personal assistive mobility devices shall: @} Obtain a business tax receipt from the city pursuant to Chapter 1 02 of the City Code; 4 247 ill) Provide a minimum of $1,000,000.00 in liability insurance coverage that includes the City of Miami Beach as a named or additional insured; {fl 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 si?tf&1 eight (8) mph; @ Obtain a release of liability and hold harmless agreement, acceptable to the City Attorney, releasing and holding the City of Miami Beach harmless from liability signed by all renters of electric personal assistive mobility devices which release and hold harmless agreement shall be made available for inspection by the city at any time during business hours; and !ill Provide all renters of electric personal assistive mobility devices with a copy of all applicable federal, state, and city laws, codes, and regulations, and administrative rules, the receipt of which shall be acknowledged by the renter. ill Comply with all administrative rules that may be established by the city regarding rentals, leases, GF tours, and the safe operation of electric personal assistive mobility devices. Sec. 70~71. Penalties. A violation of the provisions in Sections 70-67 and 70-69 (aHc) shall be deemed a non- criminal infraction as defined in F.S. § 318.13(3) and shall be subject to the penalties set forth in F.S. § 316.655. lQl A violation of the provisions in Sections 70-69(d)-(e} and 70-70 shall be enforced in accordance with the following procedures and penalties: 1:. If a code compliance officer finds a violation ef tl:lis Ghapter 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. A violator who has been served with a notice of violation shall elect either to: £. (iii) Third offense .......................................... $500.00; (iv) Fourth and subsequent offenses ................ $1,000.00; or 5 248 ,Q. 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 1 02-383 through 102-385, 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 comgliance officer. Failure of the named violator to appeal the decision of the code compliance officer within the prescribed time period shall constitute a waiver of the violators right to administrative hearing before the special 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. 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 reguest an administrative hearing within 20 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. 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 . .(g} The procedures for appeal of the notice of violation by administrative hearing shall be as set forth in sections 102 384 30-72 and 102 385 30-73. SECTION 2. Repealer. ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. Severability. If 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 validity of the remaining portions of this ordinance. 6 249 SECTION 4. Codification. It is the of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained the provisions this ordinance shall become and made a part of the Code of the City of Miami Beach, The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to " "article," or other appropriate word. SECTION 5. Effective Date. This Ordinance shall take effect the __ day of October, 2012. PASSED and ADOPTED this __ day of _______ , 2012. ATTEST: RAFAEL E. GRANADO, CITY CLERK MA TTl HERRERA BOWER MAYOR Underline denotes additions and stFike through denotes deletions APPROVED AS TO &lANGUAGE 'EXECUTION / F:\A TTO\TURN\ORDINANC\Eiectric Personal Assistive Devices-Segway Speed-Paths & Sidewalks 2012.docx 7 250 Atlantic Greenway Network: Coastal Pathways Date: 0212812012 251 !BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS OOTICE iS HEREI:W given that a pui:liic iuannq will ile held hy llle Ml!)Or allli City Commission ol the City of Miami Bllooh, Florida, in the Commission Cllamilers, 3rd l"1oo( City Halk 1700 Gonvertioo Center Drive, Miami Boocll, Florida, on Wedr!ooday, Or:lolrnr lM, 2!rl2, !n coosidar the fullnwing: -~ II All OI'IDIMAUGE OF THE MAYOR AND CITY COMMISSION OF T*E CITY OF MIAMI BEACH, FUllUM, AMENDING CHA!'TEII 70 oF THE MIAMI BEACH em moE ElrnTI.ED "M!litEI.!.ANEOOs I \ DFIFE*SES," BY AMEI>!!.IiltG ARTICLE !!, E*Tr!Uil "!'OOUC I"LAGES"; !JY AME*Illlffi l.l!VlSIDN II, I OO!TI.ED "SIC'fCUII!l, SKJITEBMI'IIl!MG, ROLLER SKATIIIG, IN·UNE SKATING, AND MI.JTDRIZEil MEAI!s oF 'ffi!INSPOIITII.TION." av A~~nnmiNn SECTION 71H'l6, oomm "DEFIN!TIDNS," sv 1 ADDING A D£ANmDn FOR srovct.e PATH; AND 1w AMENDING sremn 11Hl'l, ElrnTI.ED I "PROO!!iiiTEil ACTMTIES," 8Y AMENrHNG THE POOHIS!TIO!iS IIEQAI!Dil'lG WJTOII!ml MEAIIG Of i!IAI4:SI'OOTAtl!m, INCL!J!l!l'lG EI.ECTII!C Pmsotw. ASSIST!VE Mt.mtm' !lrni!CS (ALSO kNOWN I AS SOOWAYS}, BY ltEWOII!liNG TilE PIIIWISIONS TIIEIIEJII AND CUNmRMIIIfll!!E lAIIOOAGE m STATE lAW; BY IIESTII!CTI!\16 TilE SI'U!I OF EU:CTIIIC PEI'IS!mAL ASS!STIV£ Mt.mli.!TY !lrni!CES , m !liGHT (!!) IIIPM ON J.t.l. CITY SIDEWAI.I(S, SlllEWALK AIIW, AND I!ICVC!JE PATl'lS; AND BY ,, !'ROHIBiill'lG TilE !li"EMATIOII OF WCTR!t PERSlll'lAL ASS!Sfl¥1: MllBilm' mNICES 1m INTE!U!l!l MTIIWAYS W!Tiilll SlllffH POINTE I'MK ANO OOLLIIIS I'M!<; SY AMEIII:HW SECT!Ill'l 71H'l6, ! OO!TI.ED "EKEM!'T!Ol'lS," BY Elm!IPT!NG THE IJSE 01' ELECTI'IIC I'EIISONAL ASSISTI¥E MllBII.!TY , !lrniiCES BY CITY POUCE All!! tiT'!' COIITMCTEO SEII\Ili:ES FRDM THE !lESTillCT!OIIS OF .. OOIIS!Oil I!; BY AME!ID!l'lG SECTIOII11Hl9, OOITI.E!l "RESPONS!BIUT!ES OF a!CYWSTS A!IO • , SKATERS," !IY MIDIIIG IIESI'ONSIBILITIES FOR PfROO!lS OPERATING ELECTRIC PEIIOOIIAL. ASSIS'I'M! MOBIUT'f DE1l!CES; BY AMEN!l!NG SECTillll 71r70, OOITI.EO "PENALTIES," TO 1'110\ll!lE roR IIESPONSIIHL!TIES OF BUSIMESSES I'ROII!llil'lO RENTALS AIIO!Im 'l'OORS OF lil.ECTRIC PEf!OOIIAt ASS!Sli\IE MOBILITY Dmt:ES; SY CREATI!Ifl SECTION 111-71, TO SE ElrnTLEO "PI!IIALT!ES" Til FRO\IlllE CMl PENALTIES IN Atlll!T!OW TO EX!Slllffi IION-&RIMIIIAL IM"'lACTIOW !'!l'W.TIES ron THE l/IOIMIDN Of cmTAIN PR011!SIDNS IN CIIAI'TEII 70, AIITIIJI.E II, OOIISIOI\111; PROVIO!Nii ron IIEPEALE!l; SEVEIIAB!I.m'; COO!ACAT!Ol'l; Al\10 All EFIET!l/E !:lATE. Inquiries mey ile dimcted to lhe PuNic Works De;mrtnwnt {305) 673-7000, INTERESTED PMTIES are invited to lljlpear at this meeting, or be represented by Magent, or 1n express ~heir views in writing !ldriresaad 11llhe City Commission, c!c the City C!erk, 1700 CoiWMtion Gelller Oriwl, lst Floor, City Hall, Miami Beach, Florida 33139. Copies llf these items anH!vailaNe l'nt' public inspeclinr during normal business hours in the CityCierk'sOifice, 1700 \Alllvenlinr Genter Driw, 1st Floor, City Hall, Miami Beam, Rodda 33139. This IThlcting mav he continued, and under such circLmstrmces !lddruorl!l leglll notice will not be priWided. Rafael E. Granado, City C1erk City of Miami Beach l'ursnant lo Sectioo 286.0105, Fla. Stat, the C:ty hereJy advises !he public thai: it a person decides to appeal any decision made by the CHy Comrniss;on with teSj)e(,t !o any matter ooooderad a! its meeting or its hearing, such person must enoore !llat a vorbatirn r~Word a! tim prrx:e!ldings is made, which reoor!l includes the testimooy ood evidence upon which the apPl!lllls to be based. Thlsootice does not constitute oonsent by the City mrthe intmdoctioo or adm:ssioo o1 ottmrwme inoomiSsinle or irrelevant evioenoo, nor dOOll it authorize challenges or appeals not othe<Wise allowec by law. To request this material in accaasible format, sign language in!erprotem, inlormauoo on aooese for persons wl!h dicebiliUes, ardfm any accommodation In roview ooy dr!cumant or perticlpate in any City-sponsored proceeding, pleaoo contact liS five days in advance at (305) 673-7411\voice) or TlY ~ooro omy nloo call tile Florida Relay Serv'ce at 711, Ad#752 252