R5P-Amend Ch 70 Prohibit Motorized Means Of Transportation On Beachwalk -WolfsMIAMI BEACH
JOSE SMITH, CITY AnORNEY
OFFICE OF THE CITY ATTORNEY COMMISSION MEMORANDUM
TO:
CC:
FROM:
DATE:
SUBJECT:
Mayor Philip Levine
Members of the City Commission
Jimmy Morales, City Manager
Ralph Granado, City Clerk
Jose Smith, City Attorney 1 /~lJ J~
March 5, 2014 K_ {}
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
70 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED
"MISCELLANEOUS OFFENSES," BY AMENDING ARTICLE II,
ENTITLED "PUBLIC PLACES" TO PROHIBIT MOTORIZED
MEANS OF TRANSPORTATION ON THE BEACHWALK
BETWEEN 15TH TO 23R 0 STREETS; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
Pursuant to the request of Commissioner Jonah Wolfson, the above-
referenced Ordinance was prepared by the City Attorney's Office and is
submitted for consideration by the Mayor and City Commission for First Reading.
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Agenda Item B S'P
Date 3-5-/l(
ORDINANCE NO. _____ _
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE CODE OF THE
CITY OF MIAMI BEACH, ENTITLED "MISCELLANEOUS OFFENSES," BY
AMENDING ARTICLE II, ENTITLED "PUBLIC PLACES" TO PROHIBIT
MOTORIZED MEANS OF TRANSPORTATION ON THE BEACHWALK
BETWEEN 15TH TO 23R 0 STREETS; 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 pedestrian ways in the City; and to facilitate and balance the health,
safety, and welfare interests of pedestrians, bicyclists, 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 year round and experiences significant use and congestion on its bike paths, sidewalks,
and pedestrian ways and, in particular, on the beachwalk between 151h and 23rd Streets which is
adjacent to Convention Center hotels and other high density hotel and residential buildings, and
is in close proximity to major City attractions including Ocean Drive, Lummus Park, Lincoln
Road, The Fillmore Miami Beach at the Jackie Gleason Theater, and The New World Center
and Soundscape Park; and
WHEREAS, Section 316.2068{5) of the Florida Statutes provides that a "municipality
may regulate the operation of electric personal assistive 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, subject to limited exceptions, Section 316.1995 of the Florida Statutes
provides that a person may not drive any vehicle other than by human power upon a bicycle
path, sidewalk, or sidewalk area; and
WHEREAS, motorized bicycles, mopeds, and motorized scooters are defined as
vehicles under Section 316.003 of the Florida Statutes and, subject to limited exceptions, are
not authorized on bicycle paths, sidewalks or sidewalk areas; and
WHEREAS, due to the safety concerns and injuries already experienced on the City's
heavily traveled beachwalk, the Mayor and City Commission hereby determine that it is in the
interest of public safety that all motorized means of transportation be prohibited on that portion
of the beachwalk between 23rd and 151h Streets at all times,
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, THAT CHAPTER 70, ARTICLE II OF THE CODE
OF THE CITY OF MIAMI BEACH IS AMENDED AS FOLLOWS:
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SECTION 1. That Division II of Article II of Chapter 70 of the Code of the City Miami Beach is
hereby amended as follows:
CHAPTER 70
MISCELLANEOUS OFFENSES
* * *
ARTICLE II. Public Places
* * *
DIVISION II. Bicycling, Skateboarding, Roller Skating, In-Line Skating,
and Motorized Means of Transportation
* * *
Sec. 70-67. Prohibited activities.
(a) It shall be unlawful for any person to engage in skateboarding, or operating any
motorized means of transportation, except for wheelchairs or other such motorized
devices when used by disabled persons, in, on, or upon any portion of Lincoln Road
Mall lying west of the westerly line of Washington Avenue to the easterly line of Alton
Road at any time.
(b) It shall be unlawful for any person to engage in bicycling, roller skating, in-line
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 151h Street at any time.
(c) It shall be unlawful to operate any motorized means of transportation in, on. or upon
the beachwalk between 151h and 23rd Streets.
ts1 .(Q) 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.
tat.(.§} 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.
te1 ill 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.
fft .{gl It shall be unlawful to operate an electric personal assistive mobility device on interior
pathways within South Pointe Park and Collins Park.
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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, subsection, clause or prov1s1on of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
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 part of the
Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered
or relettered 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 on the ___ day of March, 2014.
PASSED AND ADOPTED this ___ day of ______ , 2014.
ATTEST:
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Jonah Wolfson}
(~
(
!.
Philip Levine, Mayor
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