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R7F-Adopt Administrative Rules For Chapter 70 Miscellaneous OffensesOFFICE OF THE CITY ATIORNEY JOSE CITY ATIORNEY TO: MAYOR MA TTl HERRERA BOWER, MEMBERS OF THE CITY COMMISSION KATHIE BROOKS, INTERIM MANAGER FROM: JOSE SMIT CITY ATT DATE: SUBJECT: RESOLUTION ADOPTING ADMINISTRATIVE RULES FOR CHAPTER 70, ARTICLE II, DIVISION II, OF THE MIAMI BEACH CITY CODE ENTITLED "BICYCLING, SKATEBOARDING, ROLLER SKATING, IN~LINE SKATING, AND MOTORIZED MEANS OF TRANSPORTATION AS PROVIDED FOR IN SECTION 70~69 AND 70~70 OF THE CITY CODE. The attached Resolution sets forth Administrative Rules that address electric personal assistive mobl!lty devices. Administrative Rules are provided for in Sections 70-69 and 70-70 of the City Code, which sections were amended pursuant an Ordinance passed and adopted at the October 24, 2012 City Commission meeting. The attached Resolution is submitted for consideration by the Mayor and City Commission as a companion agenda item to the Ordinance amending Chapter 70 of the City Code. The Administrative Rules provide regulations, in addition to those set forth in the City Code, for the safe operation of electric personal assistive mobility devices within the City and set forth various responsibilities for a) persons and business entities providing rentals, leases, and/or tours of electric personal assistlve mobility devices and b) operators of electric personal assistive mobility devices. F:\A TTO\TURN\COMMMEMO\Segway.doc 438 Agenda ltem _ _;_R.,___ __ Date }O~Jl!~ l L RESOLUTION NO.------- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING ADMINISTRATIVE RULES FOR CHAPTER 70, ENTITLED "MISCELLANEOUS OFFENSES", ARTICLE II, ENTITLED "PUBLIC PLACES," DIVISION II, ENTITLED "BICYCLING, SKATEBOARDING, ROllER SKATING, INmLINE SKATING, AND MOTORIZED MEANS TRANSPORTATION," OF THE MIAMI BEACH CITY CODE, AS PROVIDED FOR IN SECTIONS 70~69 AND 70~70 OF THE CITY CODE. WHEREAS, on October 24, 2, the Mayor and the City Commission of Miami Beach adopted Ordinance No. 2012~ amending II of the City Code regarding the regulation of bicycling, skate boarding, roller skating, and motorized means of transportation, and among other things, the establishment of Administrative Rules regarding a) the responsibilities of persons and entities providing rentals leases and/or tours electric personal mobility devices and the responsibilities of persons operating electric personal mobility devices; and WHEREAS, the following Administrative Rules, as provided in Sections 70-69 70-70 of the City Code, regulations for the use and operation of personal mobility devices and are established in the interest of safety within of Miami Beach: L Responsibilities of Persons and Business Entities Providing Rentals, Leases, and/or Tours of Electric Personal Assistive Mobilit)C Devices: The required pursuant to Section 70-7(b) City Code shall be obtained an insurance company that is Best rated of B+ VI, or and shall include medical payment coverage no less than $25,000 for injured b) The name and telephone numbers of the person or business entity that rents/leases and/or provides tours for electric personal assistive mobility devices, as as a device ID number, shall be affixed on the personal assistive device lettering and numbers at 4" in height c) Prior to renting or leasing an electric personal assistive mobility device, user device must be trained as to the safe operation the device, d) Accidents regarding electric personal assistive mobility Miami Beach Police Department as soon as practicable. The City Code and these Administrative Rules shall be posted in a conspicuous place of any business entity renting/leasing and/or providing tours electric personal assistive mobility devices. f) Electric assistive personal mobility devices shall leased, rented, or used for tours after sunset or before sunrise or during inclement weather. 439 Electric personal assistive mobility devices shall not be put into service for use by the when it is suspected that device is unsafe. h) Electric personal mobility devices shall not be leased or rented to a person who is believed to be incompetent to operate the device or who might be indifferent to the safety of others. i) Electric personal assistive mobility devices shall not be rented or leased to, or used for tours by, any person under the age of 16 or under 100 pounds in weight. I L Responsibilities of Operators of Electric Personal Assistive Mobility Devices If an operator has an accident with a pedestrian or other person, electric assistlve mobility device operator shall fully identify himself/herself to the victim and identify the person or business that leased or rented the device, provide the device ID number, and the name of the pedestrian or other person to Beach Police Department b) Operators of personal assistive mobility devices not operate the device in a reckless manner, nor shall the operator obstruct or endanger pedestrian or vehicular c) Electric personal assistive mobility devices shall not be operated after sunset or before sunrise. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that foregoing Administrative Rules regarding the rental, lease, tours and operations of personal mobility devices are hereby approved and adopted. PASSED AND ADOPTED this _day of October, 2012. ATTEST: City Clerk Matti Herrera Bower Mayor F:\ATIO\TURN\RESOS\Segway Administration Rules 2012.docx 440 APPROVED FORM& &FOR THIS PAGE INTENTIONALLY LEFT BLANK 441