BIE - Prohibit Motorized Means of Transportation on MB Promenade (7/30/2025)City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO: Mayor Steven Meiner and Members of the City Commission
FROM: Eric Carpenter, City Manager
MEETING DATE: September 3, 2025
SUBJECT: BUSINESS IMPACT ESTIMATE FOR:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 70 OF THE CITY CODE, ENTITLED “MISCELLANEOUS
OFFENSES,” BY AMENDING ARTICLE II, ENTITLED “PUBLIC PLACES,” BY AMENDING
DIVISION 2, ENTITLED “BICYCLING, SKATEBOARDING, ROLLER SKATING, IN-LINE
SKATING, MOTORIZED MEANS OF TRANSPORTATION, ELECTRIC BICYCLES, MOPEDS,
MOTORCYCLES, MOTORIZED BICYCLES, AND MOTORIZED SCOOTERS,” BY AMENDING
SECTION 70-66, ENTITLED “DEFINITIONS,” BY CLARIFYING THE DEFINITION OF
MOTORIZED MEANS OF TRANSPORTATION; AND BY AMENDING SECTION 70-67,
ENTITLED “PROHIBITED ACTIVITIES,” BY PROHIBITNG MOTORIZED MEANS OF
TRANSPORTATION ON MIAMI BEACH PROMENADE; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?
☑Yes ☐No (If no, please check one of the boxes below)
If one or more boxes are checked below, this means the City of Miami Beach has
determined that a Business Impact Estimate for the above-referenced Ordinance is not
required by State law.
☐The proposed Ordinance is required for compliance with Federal or State law or
regulation;☐The proposed Ordinance relates to the issuance or refinancing of debt;☐The proposed Ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;☐The proposed Ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the City;☐The proposed Ordinance is an emergency ordinance;☐The Ordinance relates to procurement; or☐The proposed Ordinance is enacted to implement the following:
a.Private applications for comprehensive plan amendments and land
development regulation amendments;
b.Development orders, development permits, and development agreements;
c.Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
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Business Impact Estimate
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d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
If none of the above exceptions apply, this Business Impact Estimate is hereby provided
in accordance with Section 166.041(4), Florida Statutes.
1. A summary of the proposed Ordinance and its purpose is more fully set forth in the
Commission Memorandum accompanying the Ordinance, as well as in the recitals to the
Ordinance itself. The Commission Memorandum and Ordinance are attached hereto.
The Commission Memorandum and Ordinance, if amended on first reading, will be
available for public inspection on or before the commission meeting at:
https://www.miamibeachfl.gov/city-hall/city-clerk/agenda-archive-main-page-2/
2. The City of Miami Beach estimates that the proposed Ordinance will have no direct
economic impact on private, for-profit businesses in the City of Miami Beach; that the
proposed Ordinance will have no direct compliance costs that businesses may
reasonably incur; that the proposed Ordinance will not impose any new charge or fee for
which businesses will be financially responsible; and that the proposed Ordinance will not
impact the City of Miami Beach’s regulatory costs and will not generate any revenue from
new charges or fees.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The City of Miami Beach estimates that no businesses are likely to be impacted by the
proposed Ordinance.
4. Additional comments:
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Ordinances - R5 E
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:City Attorney Ricardo J. Dopico
DATE:July 23, 2025 9:40 a.m. First Reading Public Hearing
TITLE:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE CITY CODE,
ENTITLED “MISCELLANEOUS OFFENSES,” BY AMENDING ARTICLE II,
ENTITLED “PUBLIC PLACES,” BY AMENDING DIVISION 2, ENTITLED
“BICYCLING, SKATEBOARDING, ROLLER SKATING, IN-LINE SKATING,
MOTORIZED MEANS OF TRANSPORTATION, ELECTRIC BICYCLES, MOPEDS,
MOTORCYCLES, MOTORIZED BICYCLES, AND MOTORIZED SCOOTERS,” BY
AMENDING SECTION 70-66, ENTITLED “DEFINITIONS,” BY CLARIFYING THE
DEFINITION OF MOTORIZED MEANS OF TRANSPORTATION; AND BY
AMENDING SECTION 70-67, ENTITLED “PROHIBITED ACTIVITIES,” BY
PROHIBITING MOTORIZED MEANS OF TRANSPORTATION ON MIAMI BEACH
PROMENADE; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The proposed Ordinance, sponsored by Mayor Steven Meiner, has been submitted for
consideration by the Mayor and City Commission.
Miami Beach Promenade, which was formerly known as the “Miami Beach Drive,” is a shared-
use pathway parallel to, and west of, the Beachwalk that extends from approximately 24th Street
to 29th Street. Presently, Miami Beach Promenade is utilized by pedestrians, along with bicyclists,
and various motorized and non-motorized means of transportation (except for cars/trucks,
motorcycles, and mopeds). Many pedestrians, including families with young children, seniors,
and individuals with mobility challenges, utilize Miami Beach Promenade.
The City Administration has determined that the use of motorized means of transportation on
Miami Beach Promenade (which motorized means of transportation are prohibited on the
neighboring Beachwalk) creates potential safety hazards for pedestrians due to their speed, size,
and maneuvering requirements. Moreover, the shared use of Miami Beach Promenade by
pedestrians and users of such motorized means of transportation increases the risk of collisions,
injuries, and obstructions, thereby compromising the safety and accessibility of the pathway.
The proposed Ordinance, if adopted, would prohibit motorized means of transportation on Miami
Beach Promenade in order to ensure the safety and accessibility for pedestrians (and bicyclists),
while protecting the health, safety, and welfare of City residents and visitors.
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FISCAL IMPACT STATEMENT
None.
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Middle Beach
Is this a “Residents Right to Know” item,
pursuant to City Code Section 2-17?
Is this item related to a G.O. Bond
Project?
No No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
City Attorney
Sponsor(s)
Mayor Steven Meiner
Co-sponsor(s)
Condensed Title
9:40 a.m. 1st Rdg PH, Prohibit Motorized Means of Transportation on MB Promenade. (Meiner)
CA
Previous Action (For City Clerk Use Only)
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Continued from 6/25/2025 - R5 AC
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ORDINANCE NO.
CHAPTER 70
MISCELLANEOUS OFFENSES
***
WHEREAS,the City is committed to ensuring the safety and enjoyment of public spaces
for all users,particularly in areas of high pedestrian traffic:and
WHEREAS,the City Administration has determined that the use of motorized means of
transportation on Miami Beach Promenade (and are prohibited on tho neighboring Beachwalk)
creates potential safety hazards for pedestrians due to their speed,size,and maneuvering
requirements;and
WHEREAS,the shared use of Miami Beach Promenade by pedestrians and users of such
motorized means of transportation increases the risk of collisions,injuries,and obstructions,
thereby compromising the safety and accessibility of the pathway;and
WHEREAS,presently,Miami Beach Promenade is utilized by pedestrians,along with
bicyclists,and various motorized and non-motorized means of transportation (except for
cars/trucks,motorcycles,and mopeds);and
WHEREAS,many pedestrians,including families with young children,seniors,and
individuals with mobility challenges,utilize Miami Beach Promenade;and
WHEREAS,the City Commission finds it in the public interest to adopt reasonable
regulations to ensure the safety and accessibi lity of Miami Beach Promenade for pedestrians (and
bicyclists),while protecting the health,safety,and welfare of its residents and visitors.
WHEREAS,Miami Beach Promenade,which was formerly known as the “Miami Beach
Drive,”is a shared-use pathway parallel to,and west of,the Beachwalk that extends from
approximately 24th Street to 29th Street;and
SECTION 1.That Section 70-66 of Division 2 of Article II df Chapter 70 of the Miami Beach City
Code is hereby amended as follows:
NOW,THEREFORE,BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,AS FOLLOWS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,AMENDING CHAPTER 70 OF THE CITY CODE,
ENTITLED “MISCELLANEOUS OFFENSES,”BY AMENDING ARTICLE II,
ENTITLED “PUBLIC PLACES,”BY AMENDING DIVISION 2,ENTITLED
“BICYCLING,SKATEBOARDING,ROLLER SKATING,IN-LINE SKATING,
MOTORIZED MEANS OF TRANSPORTATION,ELECTRIC BICYCLES,
MOPEDS,MOTORCYCLES,MOTORIZED BICYCLES,AND MOTORIZED
SCOOTERS,”BY AMENDING SECTION 70-66,ENTITLED “DEFINITIONS,”BY
CLARIFYING THE DEFINITION OF MOTORIZED MEANS OF
TRANSPORTATION;AND BY AMENDING SECTION 70-67,ENTITLED
“PROHIBITED ACTIVITIES,”BY PROHIBITNG MOTORIZED MEANS OF
TRANSPORTATION ON MIAMI BEACH PROMENADE;AND PROVIDING FOR
REPEALER,SEVERABILITY,CODIFICATION,AND AN EFFECTIVE DATE.
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ARTICLE II.PUBLIC PLACES
***
***
Sec.70-66.-Definitions.
The following definitions are applicable to this division:
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Autocycle means a three-wheeled motorcycle that has two wheels in the front and one wheel
in the back;is equipped with a roll cage or roll hoops,a seat belt for each occupant,antilock
brakes,a steering wheel,and seating that does not require the operator to straddle or sit astride
it;and is manufactured in accordance with the applicable federal motorcycle safety standards in
49 C.F.R.part 571 by a manufacturer registered with the National Highway Traffic Safety
Administration.
Baywalk means the public pathway on the west side of the City that is adjacent and roughly
parallel to Biscayne Bay,and that runs between the south side of the Collins Canal and the north
end of the MacArthur Causeway,including both the segments that have already been constructed
and any additional segments that may be constructed in the future.
Bicycle means every vehicle propelled solely by human power,having two tandem wheels,
and including any device generally recognized as a bicycle though equipped with two front or two
rear wheels.The term does not include such a vehicle with a seat height of no more than 25
inches from the ground when the seat is adjusted to its highest position or a scooter or similar
device.The term does not include non-motorized vehicles for hire as defined in section 106-463
of the City Code.
Bicycle path means any road,path or way chat 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.
Beachwalk means the continuous public pathway on the east side of the City that is adjacent
and roughly parallel to the Atlantic Ocean,and that runs continuously between the City’s northern
limit (at approximately 87th Terrace)and 15th Street,and south of 5th Street to the South Pointe
Park Pier.
Electric bicycle means a bicycle propelled by an electric motor,having two tandem wheels,
and including any device generally recognized as an electric bicycle though equipped with two
front or two rear wheels.
Electric personal assistive mobility device means any self-balancing,two non-tandem wheeled •
device,designed to transport only one person,with an electric propulsion system,and includes •
the definition set forth in F.S.§316.003(83),as may be amended.
Code compliance officer means a code inspector as defined in section 30-3 of the City Code
and,for purposes of this division shall include without limitation police olficers and park rangers.
DIVISION 2.BICYCLING,SKATEBOARDING,ROLLER SKATING,IN-LINE SKATING,
MOTORIZED MEANS OF TRANSPORTATION,ELECTRIC BICYCLES,MOPEDS,
MOTORCYCLES,MOTORIZED BICYCLES,AND MOTORIZED SCOOTERS
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(1)There is a designated major event period;
(2)
(3)Hotel occupancy levels are anticipated to be greater than 75 percent;
(4)
(5)
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Low-speed vehicle means any four-wheeled vehicle whose top speed is greater than 20 miles
per hour but not greater than 25 miles per hour including,but not limited to,neighborhood electric "
vehicles.
Marina Baywalk means the public walkway on the west side of the City that is adjacent and
parallel to Biscayne Bay,and that runs between the south end of the MacArthur Causeway and
the south end of the Miami Beach Mar ina.
Moped means any vehicle with pedals to permit propulsion by human power,having a seat or
saddle for the use of the rider and designed to travel on not more than three wheels,with a motor
rated not in excess of two brake horsepower and not capable of propelling the vehicle at a speed
greater than 30 miles per hour on level ground and with a power-drive system that functions
directly or automatically without clutching or shifting gears by the operator after the drive system
is engaged.If an internal combustion engine is used,the displacement may not exceed 50 cubic
centimeters.The term does not include an electric bicycle.
Motorcycle means any motor vehicle having a seat or saddle for the use of the rider and
designed to travel on not more than three wheels in contact with the ground.The term includes
an autocycle,but does not include a tractor,a moped,an electric bicycle,or any vehicle in which
the operator is enclosed by a cabin unless it meets the requirements set forth by the National
Highway Traffic Safety Administration for a motorcycle.
Motorized means of transportation means any devices or moans of transportation which are
propelled other than solely by human power and includes,but is not limited to,electric personal
assistive mobility devices,motorized skateboards,motorized skates,and any other motorized
device whether or not defined as a vehicle in F.S.§31 G.003,as may be amended;but shall not
include motorized devices and wheelchairs when used by disabled persons.
Golf cart means a motor vehicle designed and manufactured for operation on a golf course for
sporting or recreational purposes.
Grinding means the process by which a skater or skateboarder attaches to a curb or rail and
slides along the edge of the curb or rail.
Motorized bicycle means a bicycle propelled by a combination of human power and an electric
helper motor capable of propelling the vehicle at a speed of not more than 20 miles per hour on
A maintenance of traffic plan is required (e.g.,including,but not limited to,street
closures,lane closures,shuttle service);
An event on public property is anticipated to result in more than 25,000 visitors to the
destination.
Mutual aid or other assistance from outside agencies is required to provide for the
safety and well-being of residents and visitors to the destinations;or
High impact periods mean those periods of time as annually designated by the city manager
during which one or more of the following occur:
Launching means using any angled or elevated surface which the skater,skateboarder,or
cyclist can jump from in order to get airborne.
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***
Sec.70-67.Prohibited activities.
(a)
(b)
(c)
(d)
(1)The Beachwalk;
(2)
(3)
(4)The South Pointe Park Cutwalk;
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South Pointe Park Cutwalk means the public walkway on the southern end of the City that runs
adjacent and parallel to Government Cut,and that runs between the south end of the Miami Beach
Marina and the South Pointe Park Pier.
Stalling means the process by which a skater or skateboarder attaches to a curb or edge in
the space between the second and third wheel of the in-line skate or any part of the skateboard.
level ground,having two tandem wheels,and including any device generally recognized as a
motorized bicycle though equipped with two front or two rear wheels.The term does not include
such a vehicle with a seat height of no more than 25 inches from the ground when the seat is
adjusted to its highest position or a scooter or similar device.
Motorized scooter means any vehicle or micromobility device that is powered by a motor with
or without a seat or saddle for the use of the rider,which is designed to travel on not more than
three wheels,and which is not capable of proptilling the vehicle at a speed greater than 20 miles
per hour on level ground.The term does not include an electric bicycle or motorized bicycle.
Rail sliding means an activity similar to curb or edge grinding.Handrails are often used for rail
sliding,in which the skater jumps to the top of the rail and slides down the decline.
Unless exempted by section 70-68,it shall be unlawful for any person to engage in
skateboarding,roller skating,and in-line skating at any time,to operate any motorized
means of transportation at any time,or to engage in bicycling between 9:00 a.m.and 2:00
a.m.,in,on,or upon any portion of Lincoln Road Mall lying west of the westerly line of
Washington Avenue to the easterly line ol Alton Road.
Unless exempted by section 70-68,it shall be unlawful for any person to engage in bicycling,
roller skating,in-line skating,or skateboarding,in,on,or upon any portion of the sidewalk
on the east and west sides of Ocean Qrive between South Pointe Drive and 15th Street at
any time.
Unless exempted by section 70-68,it shall be unlawful for any person to engage in bicycling,
skateboarding,roller skating,or in-line skating in,on,or upon any portion of the Baywalk.
The Lummus Park Promenade (also known as the Lummus Park Serpentine
Walkway)between 5th and 15th Streets;
The sidewalks on the east and west sides of Ocean Drive between South Pointe Drive
and 15th Street;
SECTION 2.That Section 70-67 of Division 2 of Article II of Chapter 70 of the Miami Beach City
Code is hereby amended as follows:
Unless exempted by section 70-68,it shall be unlawful to operate,at any time,any motorized
means of transportation,in,on,or upon any portion of:
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(5)The Baywalk;
(6)The Marina Baywalk;
(7)The interior pathways within South Pointe Park and Collins Park;and
(8)The South Pointe Park Pier^and
(e)
(f)
(g)
(h)
(i)
***
SECTION 3.REPEALER.
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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.
It is the intention of the Mayor and City Commission of the City of Miami Beach,and it is
hereby ordained that ttie 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
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
Unless exempted by section 70-68,it shall be unlawful to grind,rail slide,launch,stall or to
engage in any other such type of activity on a skateboard,in-line skates,or roller skates
which results in the damage of public or private property.
Unless exempted by section 70-68,it shall be unlawful to operate any motorized device
defined as a vehicle in F.S.§316.003,and any motorized means of transportation,on any
street or road that is closed to motor vehicle traffic by the police department for events during
high impact periods.
All of the prohibitions in this section shall apply to the areas identified notwithstanding any
change in the name of the street,right-of-way,or facility.
Unless exempted by section 70-68,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 miles per hour.
(9)Miami Beach Promenade (which is the shared-use pathway parallel to,and west of
the Reachwalk formerly known as Miami Beach Drive)between 24th and 29th Streets.
Unless exempted by section 70-68,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 (a)
wheelchairs or other motorized means of transportation when used by disabled persons and
(b)electric personal assistive mobility devices,where otherwise not prohibited,which shall
be restricted to a maximum speed of eight miles per hour.
SEC I lor 5.CODIFICATION.
SECTION .SEVERABILITY.
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SECTION 6.EFFECTIVE DATE.
This Ordinance shall take effect the day of .,2025.
ATTEST:
Steven Meiner,Mayor
Rafael E.Granado,City Clerk
(Sponsored by Mayor Steven Meiner)
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Underline denotes additions.
Striked :rough denotes deletions.
APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION
-Jity Attorney
re-lettered to accomplish such intention,and the word "ordinance"may be changed to "section,"
"article,"or other appropriate word.
-He
bate
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