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R5W-Prohibit Bicycling On Lincoln Road Mall Between 9-00 a m -2-00 a m -WeithorCondensed Title: Item Summary/Recommendation: 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 ll, Entitled "Public Places," By Amending Division 2, Entitled "Blcycling, Skateboarding, Rollerskating, ln-line Skating, and Motorized Means Of Transportation," By Amending The Definition Provisions ln Section 70-66; By Amending Section 70-67, Entitled "Prohibited Activities," By Prohibiting on Lincoln Road Mall From 9:00 A.M, to 2:00 A.M. Su Data (Survevs. Environmental etc: COMMISSION IIEM SUMMARY Over the years the demand for pedestrian use on Lincoln Road Mall has increased. Currently, Lincoln Road Mall is used by pedestrians and bicyclists, as well as the servers that provide service to a multitude of sidewalk cafes and restaurants located along the mall. Lincoln Road Mall is also frequented by visitors from all over the world to shop and experience this well-known pedestrian mall. This high demand for space on Lincoln Road Mall often creates a conflict between bicyclists and pedestrians, as well as other users of the Mall. Recent complaints and frequent conflicts between pedestrian users of Lincoln Road Mall and bicyclists have raised safety concerns. The type of bicyclists could range from locals using their own bicycles to get to other destinations in the City, to visitors using DecoBike to tour the City by bicycles. Lincoln Road Mall also has a variety of restaurants, bars and shops that often open long hours to cater to a variety of clientele. The increased bicycle use has also triggered the frequency of perceived conflicts. The use of bicycles on Lincoln Road Mall is currently not regulated. Often the speed at which some bicyclists travel along Lincoln Road Mall causes safety concerns and conflicts with other users. The proposed Ordinance would only allow the use of bicycles on Lincoln Road Mall during the hours of lowest pedestrian activity when most of the esteblishments along Lincoln Road Mall are closed. ln the interest of enhancing safety and promoting safe pedestrian and bicycle-use along Lincoln Road Mall (from the east sidewalk of Alton Road to the west sidewalk of Washington Avenue), and in response to recurring complaints from the community, the Administration recommends approving the Ordinance limiting the operation of bicycles on Lincoln Road Mall (within the limits established) between the hours of 2:00 A.M. and 9:00 A.M. Bicyclists would be allowed to walk their bicycles on Lincoln Road Mall at any time. Proper signage will be placed along Lincoln Road Mall to advise bicyclists of the new restrictions on bicycle usage. THE ADMINISTRATION RECOMMENDS THE APPROVAL OF THIS ORDINANCE ON FIRST READING, Advisorv Board Recommendation: Financial lnformation: Jose Gonzalez, ext. 6768 E MIAMIBEACH T:\AGENDAT20'14\lra]Aordinance Limiling he Hours of B clcl6 ljs€ on L nco n Road SUMIU doo( Aoenda ttem RSId Date-ji1L!:!:L557 g MIAMIBEACH Gity of llliomi Beoch, I 700 Convention Center Drive, Miomi Beoch, Florido 331 39, www. m iomibeochfl.gov COMMI ION MEMORANDUM Mayor Philip Levine and Mem of the Commission Jimmy L. Morales, City May 21,2A14 SUBJECT: AN ORDINANGE OF MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEAGI-T, FLORIDA, AMENDING GHAPTER 70 OF THE CODE OF THE CITY OF MIAM! BEACH, ENTITLED "MISCELLANEOUS OFFENSES," BY AMENDING ARTICLE II ENTITLED "PUBLIG PLACES,'' BY AMENDING DIVISION 2, ENTITLED "BICYCLING, SMTEBOARDING, ROLLERSKATING, IN. LINE SKATING, AND MOTORIZED MEANS OF TRANSPORTATION," BY AMENDING THE DEFINITION PROVISIONS lN SECTION 70-66; BY AMENDING SECTION 70.67, ENTITLED "PROHIBITED ACTIVITIES," BY PROHIBITING BICYGLING ON LINCOLN ROAD MALL FROM 9:00 A.M. TO 2:00 A.M. ON THE FOLLOWING DAY; BY AMENDING SECTION 70.68, ENTITLED "EXEMPTIONS," BY CORRECTING A SCRIVENOR'S ERROR THEREIN; BY AMENDING SECTION 70-71, ENTITLED''PENALTIES,'' BY CLARIFYING THE PENALTIES FOR VILOATIONS OF SECTIONS 70-67 AND 70-69(a){c); BY AMENDING CHAPTER 106 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "TRAFFIC AND VEHICLES,'' BY AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY AMENDING SEGTION 106-3, ENTITLED "VEHICLES AND NON-MOTORIZED VEHICLES PROHIBITED ON PORTION OF LINCOLN ROAD AND EXEMPTIONS; NONMOTORIZED VEHIGLES FOR HIRE PROHIBITED ON OCEAN DRIVE" TO INCLUDE BICYCLE RESTRICTIONS ON LINCOLN ROAD MALL AND TO INGORPORATE APPLICABLE DEFINITIONS, EXEMPTIONS, AND PENALTIES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends adopting the Ordinance on First Reading. FINANC!AL IMPACT Staff has determined that there will not be a fiscal impact on the City's budget by enacting the proposed Ordinance. The implementation of the proposed Ordinance would not require additional staffing. Enforcement of the proposed Ordinance would be achieved through the Police Department utilizing existing resources. TO: FROM: DATE: RST READING 558 Commission Memorandum - Ordinance Limiting the Hours of Use of Bicycles on Lincoln Road May 21,2014 Page 2 of 3 BACKGROUND Pursuant to the Atlantic Greenway Network (AGN) Master Plan, the City has constructed over 15 miles of bicycle facilities and has over nine (9) more miles in construction and design stages. As part of this bicycle network construction, the City has continued phased construction of Beachwalks and has improved bicycle parking throughout the City. These facilities amount to about 70 percent of the bicycle facilities planned in 2007. Other bicycle facilities are available in the area of Lincoln Road which would allow bicyclists to commute on the east-west directions to and from the bay on the west and the beach on the east. ln 2011, in parallel to the construction of bicycle facilities throughout the City, the City launched its first bicycle sharing program in partnership with DecoBike. DecoBike has become one of the top bike sharing programs, comparable nationally only to Washington DC, with over 2 million rides since its inception. The bike sharing program has been successful in promoting bicycles as a safe and sustainable mode of transportation. ln addition, DecoBike has reported that 75 percent of all trips are completed by residents. As a result of the Administration's attention to bicycle transportation in the City, the 2012 Community Satisfaction Survey shows an increase in bicycling and walking as the primary method of transportation from six (6) percent to 11 percent. The number of residents bicycling and walking as the primary method of transportation is even more predominant in the South Beach area at 26 percent. ln 2012, the City was also recognized by the US Census Authority for being one of National Top Ten (10) Cities for commuter bicycle rides in the United States. lmpact of Bicvcles, Skateboards. Seqways and Other Vehicles on Pedestrian Paths ln an effort to minimize conflicts among various modes of transportation and increase the safety of pedestrians in the City, the Administration has adopted Ordinances to regulate some alternative methods of transportation. ln 1997, the City approved Ordinance No. 97-3103 outlining regulations for the laMul performance of skateboarding, roller skating, in-line skating, and motorized means of transportation. This ordinance restricts the use of skateboards and motorized means of transportation, except for wheelchairs or other motorized devices when used by a disabled person, in, on, or upon any portion of Lincoln Road Mall from the east sidewalk of Alton Road to the west sidewalk of Washington Avenue and the West side of Ocean Drive. ln October 2012, lhe Mayor and Commission approved an amendment to Chapter 70 of the Miami Beach City Code (Ordinance No. 2012-3780) with the purpose of outlining additional rules and regulations for safe operation of electric personal assisting mobility devices (Segways). This ordinance makes it unlaMul to use any motorized means of transportation in, on, or upon any sidewalk or sidewalk areas in the City, except wheelchairs or other motorized means of transportation when used by a disabled person, and electric personal assistive mobility devices were restricted to a maximum speed of eight (8) miles per hour, unless in areas otherwise prohibited. Shared-use paths like the Beachwalk, Cutwalk, and Baywalk are also a source of concern for some pedestrians. These facilities were approved for bicycle use as part of the AGN Master Plan. The Transportation Department will conduct observations and inspections of these facilities to identify conflict points. These conflict points will be studied to determine if additional signage and safety measures would be beneficial. 559 Commission Memorandum - Ordinance Limiting the Hours of Use of Bicycles on Lincoln Road May 21,2014 Page 3 of 3 ANALYSIS Over the years, the demand of use on Lincoln Road Mall has increased. Currently, Lincoln Road Mall is used by pedestrians and bicyclists as well as servers that provide service to a multitude of sidewalk cafes and restaurants located along the Mall. Lincoln Road Mall is also frequented by visitors from all over the world to shop and experience the well known Pedestrian Mall. This high demand for space on Lincoln Road Mall often creates a conflict between bicyclists and pedestrians as well as other users of the Mall. Recent complaints and frequent conflicts between users of Lincoln Road Mall and bicyclists have raised safety concerns. The type of bicyclists ranges from locals using their own bicycles to get to other destinations in the City to visitors using DecoBike to tour the City by bicycles. Lincoln Road Mall also has a variety of restaurants, bars, and shops that cater to a variety of clientele. The increased bicycle use has also triggered the frequency of perceived conflicts. The use of bicycles on Lincoln Road Mall is not currently regulated. The speeds at which some bicyclists ride along Lincoln Road Mall have caused safety concerns and conflicts with other users. The proposed Ordinance would allow the use of bicycles on Lincoln Road Mall during the hours of lowest pedestrian activity when many of the establishments along Lincoln Road Mall are closed. Bicyclists would be allowed to walk their bicycles on Lincoln Road Mall between the limits established at any time. PROPOSED ORDINANCE The proposed Ordinance will amend Section 70-67 oI the City Code to limit the operation of any bicycle on Lincoln Road Mall between the hours of 2:00 A.M. and 9:00 A.M. No limitation on the hours will be placed for those wishing to walk their bicycles on Lincoln Road Mall at any time. Additionally, housekeeping amendments have been made to clarify the scope of the exemptions in Section 70-68 and to clarify that Section 70-67 and 70-69 (a)-(c) are enforced by Police officers. The Ordinance also amends provisions in Section 106-3 of the City Code to mirror the bicycle restrictions in Section 70-67 and makes other clarifying amendments. RECOMMENDATION ln the interest of enhancing safety, promoting safe pedestrian and bicycle-use along Lincoln Road Mall (from the east sidewalk of Alton Road to the west sidewalk of Washington Avenue), and in response to recurring complaints from the community, the Administration recommends approving the Ordinance limiting the hours of use of bicycles on Lincoln Road Mall (within the limits established) to between the hours of 2:00 A.M. and g:00 A.M. Bicyclists would be allowed to walk their bicycles on Lincoln Road Mall at any time. Proper signage will be placed along Ljpcoln Road Mall to advise bicyclists of the new restrictions on bicycle usage. /P,,ffi,**, T:\AGENDAUo14\May\Ordinance Limiting the Hours of Bicycle Use on Lincoln Road MEMO.docx 560 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,'' BY AMENDING DIVISION 2, ENTITLED "BICYGLING, SKATEBOARDING, ROLLER SKATING, IN- LINE SKATING, AND MOTORIZED MEANS OF TRANSPORTATION," BY AMENDING THE DEFINITION PROVISIONS lN SECTION 70-66; BY AMENDING SECTION 70.67, ENTITLED "PROHIBITED ACTIVITIES," BY PROHIBITING BICYCLING ON LINCOLN ROAD MALL BETWEEN 9:00 A.M. AND 2:00 A.M.; BY AMENDING SECTION 70-68, ENTITLED..EXEMPTIONS," BY AMENDING AND CLARIFYING THE EXEMPTIONS IN DIVISION 2 AND GORRECTING A SCRIVENER'S ERROR THEREIN; BY AMENDING SECTION 70-71, ENTITLED..PENALT]ES," BY GLARIFYING THE PENALTIES FOR VIOLATIONS OF SECTIONS 70-67 AND 70-69(A)-(c); BY AMENDING CHAPTER 106 OF THE CODE OF THE CITY OF MIAMI BEAGH, ENTITLED "TRAFFIC AND VEHICLES," BY AMENDING ARTICLE l, ENTITLED..IN GENERAL," BY AMENDING SECTION 106-3, ENTITLED..VEHIGLES AND NON.MOTORIZED VEHICLES PROHIBITED ON PORTION OF LINCOLN ROAD AND EXEMPTIONS; NONMOTORIZED VEHICLES FOR HIRE PROHIBITED ON OCEAN DRIVE" TO INCLUDE BICYCLE RESTRICTIONS ON LINCOLN ROAD MALL AND TO INCORPORATE APPLICABLE DEFINITIONS, EXEMPTIONS, AND PENALTIES; 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, pursuant to Section 316.008 of the Florida Statutes, local governments are authorized to regulate the operation of bicycles, and may prohibit or regulate the use of heavily traveled streets and sidewalks by any class or kind of traffic found to be incompatible with the normal and safe movement of pedestrian traffic; and WHEREAS, that portion of Lincoln Road lying west of the easterly line of Washington Avenue to the easterly line of Alton Road is one of the City's most popular attractions for residents and visitors alike, and is heavily traveled by pedestrians on a daily basis and can often experience pedestrian traffic numbering in the thousands, making it an inappropriate venue for bicycles; and WHEREAS, due to its heavy use by pedestrians and the significant presence of sidewalk cafes throughout the length of Lincoln Road Mall, it is incompatible for the normal and safe movements of pedestrian traffic to permit bicycle traffic thereon, except only during those hours in the early morning between 2:00 a.m. and 9:00 a.m. when pedestrian traffic is at a minimum; and 561 WHEREAS, the regulations within this Ordinance are necessary in the interest of public safety and the public health and welfare; and WHEREAS, other amendments to Chapter 70 and 106 of a housekeeping nature will provide further clarification and consistency between those Chapters. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Division 2 of Article ll of Chapter 70 of the Code of the City Miami Beach is hereby amended as follows: GHAPTER 70 MISCELLANEOUS OFFENSES ARTICLE ll. Public Places DIVISION 2. Bicycling, Skateboarding, Roller Skating, ln-Line Skating, and Motorized Means of Transportation Sec. 70-66. Definitions. The following definitions are appllcable to this division: Brcycle means every vehicle prooelled solely bv human power. havinq two tandem wheels, and includinq anv device qenerallv recoqnized as a bicvcle thouqh equipped with two front or two rear wheels. The term does not include such a vehicle with a seat heioht of no more than 25 inches from the qround when the seat is adiusted to its hiohest oosition or a scooter or similar device. The term does not include nonmotorized vehicles for hire as deflned in section 106-463 of the Citv Code. Bicycle pafh means any road, path or way that is open to bicycle travel which road, path, or way is physically separated from motorized vehicular trafflc 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 coaslal pathways, beachwalk, baywalk, and cutwalk that are within the Atlantic Greenway Network as set forth in appendix A. E/ecfric persona/ assisfrve rnobl/y device means anv self-balancinq. two non- tandem wheeled device, desiqned to transoort onlv one person, with an electric propulsion svstem, and includes the definition set forth in Section 316.003(83) Fla. Stat., as mav be amended. 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. 562 Launching means using any angled or elevated surface which the skater, skateboarder, or cyclist can jump from in order to get airborne. MotorDed means of lransporfaflon means anv devices or means of transportation which are prooelled other than solelv bv human power and includes, but is not limited to, electric personal assistive mobilitv devices, motorized skateboards. motorized skates, and anv other motorized device not defined as a vehicle in Section 316.003, Fla. Stat., as mav be amended, Rail sliding means {a processl similar to curb or edge grindlng. Handrails are often used for rail sliding, in which the skater jumps to the top of the rail and slides down the decline. Stalling means the process by which a skater or skateboarder attaches to a curb or edge in the space between the second and third wheel of the in-line skate or any part of the skateboard. Sec. 70-67. Prohibited activities. (a) lt shall be unlawful for any person to engage in skateboarding at anv time. e+ to operatingC any motorized means of transportation at anv time, except for wheelchairs or other such motorized devices when used by disabled persons, or to enqaqe in bicyclinq 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 of Alton ftq3fl a+-any+im€. Sec. 70-68. Exemptions. Police and code department bicycle, in-line skate, and electric personal assistive mobility device patrol units, vehicles. motorized means of transportation. and city service vehicles-;city- contracted security and maintenance service€ vehicles;i service vehicles authorized by the city for use by city lessors, concessionaires, or other city contractors operating pursuant to any agreement with the city; a person dismount and the anv city- operated tram service. shall be exempt from the restrictions of this division. Sec. 70-71. Enforcement: Ppenalties. (a) A violation of the provisions in sections 70-67 and 70-69(a)-(c) bv persons operatinq electric personal assistive mobilitv devices or enoaqed in bicvclinq. skateboardinq. in-line skatinq, roller skatino. or operatinq anv motorized means of transportation, shall be enforced bv a police officer and shall be deemed a noncriminal infraction as deflned in F.S. $ 318.13(3) and shall be subject to the penalties set forth in F.S. $ 316.655. 563 (b)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. lf a code compliance officer finds a violation, 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. 2. A violator who has been served with a notice of violation shall elect either to: Pay the civil fine as follows:(i) First offense .....$100.00;(ii) Secondoffense.....$250.00;(iii) Third offense .....$500.00;(iv) Forth and subsequent offenses .....$'l ,000.00; or Request an administrative hearing within 20 days before a special master appointed as provided in article ll of chapter 30 to appeal the declsion of the code compliance officer which resulted in the issuance of the notice of violation. c. lf the offense if a fourth or subsequent offense, it shall also be considered an habitual offender offense and, in addition to the penalty set forth in subsection 7O-71(b)(2)a.(iv), the city manager may issue an adminlstrative complaint for the suspension or revocation of a business tax receipt and certificate of use as provided in sections 102-383 through 102-385. lf 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 compliance officer. Failure of the named violator to appeal the decisions of the code compliance officer within the prescribed tlme period shall constitute a waiver of the violator's right to administrative hearing before the special master. A waiver of the right or 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 request an administrative hearing within 20 days of the issuance of the notice of violation. Any party aggrieved by the decision of the special master may appeal the decision in accordance with law. The city may institute proceedings in a court of competent jurisdiction to compel payment of civil flnes. b. 3. 4. E 564 6. A certified copy of an order imposing a civil fine may be recorded in the public records and thereafter shall constitute a lien upon any other real or personal prope(y 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 otheruvise execute upon the lien. {e)2. The procedures for appeal of the notice of violation by administrative hearing shall be as set forth in sections 30-72 and 30-73. SECTION 2. That Article I of Chapter 106 of the Code of the City Miami Beach is hereby amended as follows: CHAPTER 106 TRAFFIG AND VEHIGLES *** ARTICLE l. In General Sec. 106-3. \lehieles Motorized means of transportation and nonmotorized vehicles lgl [!gg prohibited on portion of Lincoln Road and exceptions; nonmotorized vehicles for hire prohibited on Ocean Drive. lg) That portion of Lincoln Road lying west of the westerly line of Washington Avenue to the easterly line of Alton Road (Lincoln Road Mall) is limited to bicycle and pedestrian traffic; however bicvcle traffic is only permitted between the hours of 2:00 a.m. and 9:00 a.m. dailv and shall be enforced as provided in section 70-71(a) of the Citv Code. anC-nNonmotorized vehicles for hire shall not be permitted thereon and shall be enforced as provided in Article X of this Chapter. ln addition, no vehieles motorized means of transportation. as defined in Section 70-66 of the Citv Code, shall be permitted thereon ex€eB# Jeffersen Avenue' Miehigan Avenue' and tenex Avenue and shall be enforced as provided in section 70-7'l (a) of the Citv Code. This restrietien subsection shall not apply to oolice and code deoartment bicvcle, in-line skate. and electric personal assistive mobilitv device oatrol units, vehicles. motorized means of transportation, or anv citv service vehicles: citv-contracted securitv and maintenance services vehicles: service vehicles authorized bv the citv for use bv citv lessors, concessionaires, or other citv contractors operatino pursuant to anv aoreement with the citv: a person dismounted from and walkinq a bicvcle: and anv citv-operated tram service. (!) Nonmotorized vehicles for hire are prohibited on Ocean Drive and shall be enforced as provided in Article X of this Chapter. 565 SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY. lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. 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 6. EFFECTIVE DATE. This Ordinance shall take effect on the _ day of _,2014. PASSED AND ADOPTED this day of_,2014. ATTEST: PHILIP LEVINE, MAYOR RAFAEL E. GRANADO, CITY CLERK (Sponsored by Commissioner Deede Weithorn) APPROVEI-] A3 TO Underline denotes additions [-C]rlil & LA':GI ;,q,:= Stri*e+nreugh denotes deletions & FOil D(iCtJ ii0i.l F:\ATTO\TURN\ORDINANC\Bicycles on Lincoln Road - Chapter 70 and Chapter 106 Amendments.docx 566