R5N-Responsibilities Of Bicyclists Skaters And Mobility Devices -Wolfson-Condensed Title:
An Ordinance 70 Of The Gode Of The City Of Miami Beach, Entitled 'Miscellaneous Otfenses,"
By Amending Article li, Entitled "Public Places,' By Amendlng Division 2, Entitled 'Bicycling, Skateboarding, Roller
Skating, ln-Line Skating, And Motorized Means Of Transportation,' By Amending Section 70-69, Entitled
"Responsibilities Of Bicyclists, Skaters, And Persons Operating Electric Personal Assistive Mobility Devices," By
Amending The Responsibilities Set Forth Therein; By Amending Section 7&70, Entitled 'Responsibilities Of Persons
And Business Entities Providing Rentals, Leases And /Or Tours Of Electric Personal Assistive Mobility Devices' By
Amending The Responsibilities Set Forth Therein; By Amending Section 70-71 , Entitled "Enforcement; Penalties'To
Provide Additional Penalties For Violations Of Sections 70-69(D)-(E) And 70-70; Providing For Repealer, Severability,
Codification. And The Time To A Violation And An Effective Date.
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2012 Miami Beach Community
Satisfaction Survey Final Report, nearly half of residents (48%) claimed they would ride bicycles;this is considerably
believe there are too few bike
lssue:
Item Summary/Recommendation :
At its 24, 2012 meeting, the City Commission passed and adopted Ordinance No. 2012-3780 and
Resolution No.2012-28041 which provided various regulations concerning Segways. The Ordinance amended
Chapter 70, Article ll, Division 2 of the City Code, and in particular, Sections 70-66, 70-67, 70-68, 70-69, 70-70, and
added Section 7O-71. The Ordinance restricted the speed of Segways to eight (8) MPH on all sidewalks, sidewalk
areas, and bicycle paths, and prohibited the operation of Segways on interior pathwayswithin South Pointe Park and
Collins Park and on the sidewalk on the west side of Ocean Drive between South Pointe Drive and 1Sth Street. ln
addition to the regulations provided in the City's Code and Administrative Rules, federal regulations prohibit electric
personal assistive mobility devices on any bicycle transportation and pedestrian walkway facility, including trails,
funded under the Federal-aid highway funding program categories. Pursuant to 23 U.S.C. S 217, an exception to the
federal prohibition is if a mobility device is used by persons with mobility related disabilities. A substantial portion of
the City's existing Beachwalk was 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) and the Florida Department of Transportation (FDOT).
ln the interest of enhancing safety, promoting pedestrian and bicycle-use along the City's coastal pathways, and in
response to recuning complaints from the community, as well as a result of observations regarding the use of
Segways on the City's Beachwalks and the Lummus Park Promenade (also known as the Serpentine Walkway),
Commission adopted the ordinance prohibiting motorized means of transportation, except for wheelchairs or other
motorized means of transportation when used by disabled persons, in, on or upon the following areas A) the
Beachwalk between 1srh and 23'd Streets and between 64th and 79th Streets, B) Lummus Park Prom6nade between
Sth and '1 sth Streets; C) The sidewalks on the east side Of Ocean Drive between South Pointe Drive and 1sth Street;
D) The South Pointe Park Cutwalk adjacent and parallel to Govemment Cut; E) The Marina Baywalk adjacent and
parallel to Biscayne Bay and South of sth Street.
ln addition to the modiflcations passed on second reading during the May 21, 2014 City Commission meeting, the
Commission directed Administration to present additional modiflcations at the June 1 1 , 2014 Commission Meeting
for first reading. The modifications identified by Commission pertain specifically to the safety of pedestrians,
emergency response to collisions, and the implementation of stricter penalties for insurance violations by business
entities providing Segway rentals, leases, and/or tours. The fine schedules for insurance violations have been
separated from other violations, and fine amounts have been increased.
During the May 21,2Q14 City Commission meeting, residents also provided suggestions to make the ordinance
stricter. The suggestions were carefully analyzed by staff. Staff found that some ofthe suggestions are already
covered under the exisling ordinance. The suggestions that are not cunently covered in the ordinance will be brought
to the Neighborhood and Community Affairs Committee, for discussion and input as instructed by City Commission.
THE ADMINISTRATION RECOMMENDS THAT THE ORDINANCE BE ADOPTED ON FIRST READING.
N/A
Financial lnformation:
Source of
Funds:
Amount Account
I
OBPI Total
Financial lmpact Summary: None.
Jose R. Gonzalez X6768
Means Of Transporlation on Beachwa k SUMM.doc
AN IAAN IBEACH 445
g MIAMI BEACH
Cify of Miomi Beoch, lZ00 Convention Cenler Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
June 11, 2014
AN ORDINANCE AMENDING C
BEACH, ENTITLED ..MISCELLANEOUS OFFENSES," BY AMENDING ARTICLE II,
ENTITLED "PUBLIG pLAGES," ByAMENDING DIVIStON 2, ENTITLED,,BlCyCLlNG,
SKATEBOARDING, ROLLER SKATING, IN.LINE SKATING, AND MOTORIZED MEANS
OF TRANSPORTATION," BY AMENDING SECTION 70-69, ENTITLED
..RESPONSIBILITIES OF BICYCLISTS, SKATERS, AND PERSONS OPERATING
ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES,'' BY AMENDING THE
RESPONSIBILITIES SET FORTH THEREIN BY AMENDING SECTION 70.70,
ENTITLED "RESPONS!B!LITIES OF PERSONS AND BUSINESS ENTITIES
PROVIDING RENTALS, LEASES AND /OR TOURS OF ELECTRIC PERSONAL
ASSISTIVE MOBILITY DEVICES" BY AMENDING THE RESPONSIBILITIES SET
FORTH THEREIN; BY AMENDING SEGTION 70-71, ENTITLED "ENFORCEMENT;
PENALTIES" TO PROVIDE ADDITIONAL PENALTIES FOR VIOLATIONS OF
SEGTIONS 70-69(D)-(E) AND 70-70; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AMENDING THE TIME TO APPEAL A VOLATION AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that this item be adopted on First Reading.
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 of the
proposed Ordinance would not require additional staffing. Enforcement of the proposed Ordinance
would be achieved through the Code Compliance and Police Departments, utilizing existing
resources.
BACKGROUND
ln 2007, the City of Miami Beach (City) adopted the Atlantic Greenway Network (AGN) master plan
to create a safer environment for pedestrians and bicyclists. The AGN proposed a comprehensive
network of pedestrian and bicycle facilities that provide direct access to important destinations within
the City, linking residential neighborhoods, commercial centers, and parks. The Beachwalk and
Baywalk are major components of the AGN system and facilitate the use of alternative and
sustainable forms of transportation throughout the City.
The dense urban environment of Miami Beach leads to a high percentage of users competing for
public space, including pedestrian pathways and sidewalks. Recently, the use has increased with
TO:
FROM:
DATE:
SUBJECT:
the Commission
FIRST READING
PUBLIC HEARING
R 70 OF THE CODE OF THE CITY OF MIAMI
446
Commission Memorandum - Ordinance Prohibiting Motorized Means of Transportation on Beachwalks
June 11, 2014
Page 2 of 6
Electric Personal Assistive Mobility Devices (also known as Segways) along the City's Beachwalk.
Recently, this has also included the use of Electric Personal Assistive Mobility Devices (also known
as Segways) along the City's Beachwalk. 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 personal injuries.
GURRENT REGULATIONS
At its October 24,2012 meeting, the City Commission passed and adopted Ordinance No. 2012-
3780 and Resolution No. 2012-28041 which provided various regulations concerning Segways. The
Ordinance amended Chapter 70, Article ll, Division 2 of the City Code, and in particular, Sections
70-66,70-67,70-68, 70-69, 70-70, and added Section 70-71. The Ordinance restricted the speed of
Segways to eight (8) MPH on all sidewalks, sidewalk areas, and bicycle paths, and prohibited the
operation of Segways on interior pathways within South Pointe Park and Collins Park and on the
sidewalk on the west side of Ocean Drive between South Pointe Drive and 1sth Street. Pre-existing
code provisions prohibit motorized means of transportation, except for wheelchairs or other
motorized devices, when used by disabled persons in, on, or upon any portion of Lincoln Road Mall
from the west sidewalk of Washington Avenue to the east sidewalk of Alton Road.
Resolution No. 2012-28041 (Attachment A) set forth Administrative Rules to address electric
personal assistive mobility devices. Administrative Rules are provided for in Sections 70-69 and 70-
70 of the City Code, pursuant to Ordinance No. 2012-3780. The Administrative Rules provide
regulations, in addition to those set forth in City Code, for the safe operation of electric personal
assistive mobility devices within the City and set forth various responslbilities for a) persons and
business entities providing rentals, leases, and/or tours of electric personal assistive mobility
devices, and b) operators of electric personal assistive mobility devices. The Administrative Rules
are as follows:
Responsibilities of Persons and Business Entities Providinq Rentals Leases and/or Tours of
Electric Personal Assistive Mobilitv Devices
a) TheinsurancerequiredpursuanttoSectionT0-70(b)oftheCityCodeshall beobtainedfrom
an insurance company that is Best rated of B+ Vl, or better, and shall include medical
payment coverage no less than $25,000 for any injured persons and a minimum of
$1,000,000 in liability insurance coverage that includes any and all renters/lessees as
named or additional insureds.
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 well as a device lD number,
shall be affixed on the personal assistive mobility device with lettering and numbers at least
4" in height.
c) Prior to renting or leasing an electric personal assistive mobility device, the user of the
device must be trained as to the safe operation of the device.
d) Accidents regarding electric personal assistive mobilitydevices shall be promptly reported to
the Miami Beach Police Department and Miami Beach Fire Rescue.
e) The City Code and these Administrative Rules shall be posted in a conspicuous place of any
business entity renting/leasing and/or providing tours for electric personal assistive mobility
devices.
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Commission Memorandum - Ordinance Prohibiting Motorized Means of Transportation on Beachwalks
June 11,2014
Page 3 of 6
0 Electric assistive personal mobility devices shall not be leased, rented, or used fortours after
sunset or before sunrise or during inclement weather.
g) Electric personal assistive mobility devices shall not be put into service for use by the public
when it is suspected that the 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 recklessly 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.
Resoonsibilities of Ooerators of Electric Personal Assistive Mobilitv Devices
a) lf an operator has an accident with a pedestrian or other person, the operator must
immediately report the accident to the Miami Beach Police Department and Miami Beach
Fire Rescue. ln addition, the operator must i) remain on the scene until a police officer
arrives, ii) identify himself/herself to the victim and to the police officer, and iii) provide to the
victim and the police officer the name of the person or business that leased or rented the
device.
b) Operators of personal assistive mobility devices shall not operate the device in a reckless
manner, nor shall the operator obstruct or endanger pedestrian or vehicular traffic.
c) Electric personal assistive mobility devices shall not be operated after sunset or before
sunrise or during inclement weather.
ANALYS!S
ln addition to City Code regulations contained in Chapter 70 and in the City's Administrative Rules,
Section 82-438 of the City Code prohibits wheeled conveyances on the wooden elevated
Boardwalk, between 24th and4Sth Streels, exceptwhen required bydisabled persons, strollers, oras
required by fire, police, ocean rescue, or other city employees and agents as may be authorized by
the City Manager.
Currently, in Section 70-67 of the City Code, motorized means of transportation, except for
wheelchairs or other such motorized devices when used by disabled persons, are prohibited in the
following areas:
. any portion of Lincoln Road Mall between the west side of Washington Avenue and the east
side of Alton Roado on the west side of Ocean Drive between South Pointe Drive and 1Sft Streeto on the interior pathways within South Pointe Park and Collins Park
Attachment B depicts a map of the City's coastal pathways, both existing and planned, where
Segways are prohibited, either by U.S. Code and/or City Code (cunentand proposed). Additionally,
for clarification purposes, the map depicts the interior pathways of South Pointe Park and Collins
Park where are prohibited as a result of existing City Code provisions.
ln addition to the regulations provided in the City's Code and Administrative Rules, federal
regulations prohibit (certain motorized vehicles) including electric personal assistive mobility devices
on any bicycle transportation and pedestrian walkway facility, including trails, funded under the
448
Commission Memorandum - Ordinance Prohibiting Motorized Means of Transportation on Beachwalks
June 11,2014
Page 4 of 6
Federal-aid highway funding program categories. Pursuant to 23 U.S.C. S 217 , an exception to the
federal prohibition is if a mobility device is used by persons with mobility related disabilities. A
substantial portion of the City's existing Beachwalk was 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) and the Florida
Department of Transportation (FDOT). Existing federally-funded portions of the Beachwalk include
the segments between 15th and 23'd Streets and between 64th and 79th Streets. There are several
federally-funded portions of the Beachwalk that are currently in the design development or
construction phase. Once these segments are constructed and open to the public, motorized
means of transportation, including Segways, will be prohibited by federal law. Further, a few
privately-funded segments of Beachwalk are currently in construction. Since these segments are
located adjacent to or between federally-funded portions of the Beachwalk or the existing boardwalk,
motorized means of transportation will also be prohibited along these segments should the City
Commission approve the proposed Ordinance.
PROPOSED ORDINANCE
At its May 21, 2014 meeting, the City Commission adopted an Ordinance amending Section 70-67
of the City Code to prohibit the operation of any motorized means of transportation at any time,
except for wheelchairs or other motorized means of transportation when used by disabled persons
in, on, or upon the following areas:
r Beachwalk between 15th and 23'd Streetso Beachwalk between 64th and 79th Streetsr Lummus Park Promenade (also known as the Lummus Park Serpentine Walkway) between
Sth and 15h Streetsr Sidewalks on the east side Of Ocean Drive between South Pointe Drive and 1Sth Street. South Pointe Park cutwalk adjacent and parallel to Government Cut. Marina Baywalk adjacent and parallel to Biscayne Bay and South of 5th Street
When the item was presented for second reading on April 23,2014, additional areas were added
where Segways and other motorized means of transportation would be prohibited, specifically the
sidewalks on the east side of Ocean Drive between South Pointe Drive and 1Sth Street, the South
Pointe Park Cutwalk adjacent and parallel to Government Cut and the Marina Bayralk adjacent and
parallel to Biscayne Bay and south of 5th Street, thus an additional second reading/public hearing
was scheduled for May 21,2014 to add additional prohibited areas.
The discussion also included the need for stricter penalties violations of Chapter 70, Article ll,
Division 2, regarding the operations of Segways (Electric PersonalAssistive Mobility Devices). After
careful consideration and research, the Administration has included various modifications consistent
with the input received by the Commission in the current proposed Ordinance. The additional
modifications include stricter penalties for insurance violations for business entities providing rentals,
leases, and/or tours. As aforementioned, pursuant to Section 70-70(b), such business entities
providing rentals, leases, and/or tours must provide a minimum of $1,000,000.00 in liability
insurance coverage from an insurance company that is Best rated B+ Vl or better, that includes
medical payment coverage no less than $25,000 for any injured persons, and that includes City of
Miami Beach and all renters and lessees as a named or additional insured. The fine schedule for
failure to comply with this section has also been modified. The new fine schedule is as follows:
First offense .........$t,000.00;
Second offense .....$2,500.00;
Third and Fourth subsequent offenses.... $5,000.00;
(i)
(ii)
(iii)
449
Commission Memorandum - Ordinance Prohibiting Motorized Means of Transportation on Beachwalks
June 11,2014
Page 5 of 6
Business entities providing rentals, leases, and/or tours must cease all operations until they have
obtained a shown proof of the suitable insurance pursuant to section 70-70(b).
Further, pursuant to City Commission directive at the March 5, 2014 Commission meeting, City staff
will provide a map depicting areas where Segways and other motorized means of transportation are
prohibited to business entities providing rentals, leases, and/or tours. Additionally, signage will be
updated to include the prohibition of Segways and other motorized means of transportation on the
Beachwalk and the other prohibited areas as a result of the adopted Ordinance.
During second reading on May 21,2014, City Commission adopted the ordinance on second
reading and referred residents' suggestions to the Neighborhood and CommunityAffairs Committee
(NCAC). Some of the suggestions provided by the residents are currently covered and enforceable
under recently approved modifications. Please see below the residents' suggestions to the proposed
ordinance and the Administration's response to each:
. Suggestion: Prohibit motorized means of transportation on the boardwalk and pedestrian
sidewalk (Sec. 70-67(c))
Response: This item will be referred to NCAC for discussion, input, and direction.. Suggestion: Require a BTR, complying with existing insurance requirements, existing speed
certification requirements, indemnification agreement and customer
acknowledgment requirements. (Sec. 70-70 (a))
Response: The modifications proposed to the ordinance herein along with the previously
approved modifications cover this suggestion in sections 70-70a,70-70b,70-
70c, and 7O-70e.. Suggestion: Expand existing insurance requirement to include annual furnishing of
Certificate of lnsurance to the City. (Sec. 70-70 (b))
Response: ln addition to the annual insurance cefffication, the lnsurance Tracking System
contract awarded by City Commission in May 2014 will allow the Cityto conduct
routine check-ups on the status of the insurance requirements for all
businesses.. Suggestion: Expand maximum speed certification requirement to require identification of
speed-certified motorized vehicle and annual inspection and testing of each
motorized vehicle by the City for compliance with the maximum speed
requirement. (Sec. 70-70 (g))
Response: This suggestion is currently covered under the existing code. At time of
issuance of application for BTR, the City's Finance Department will review
Suggestion:
Response:
Suggestion:
Response:
the application for all certifications, including the manufacturer speed
certification. ln addition, the City's Code Compliance Department is
currently conducting random spot checks at the various dealers to make
sure the machines set to beginner mode. Beginner mode is pre-set by the
company to carry a maximum speed of 8 mph.
Add an annual application for the issuance of a unique numbered license
plate for each motorized vehicle. (Sec. 70-70 (g))
As covered by section 70-709, business entities providing rentals, leases,
and/or tours are required to affix decals depicting the company name, phone
number, and vehicle number to the front and rear of each device.
Add provision that limits rentals to organized tour groups. (Sec. 70-70 (h))
This item will be referred to NCAC for discussion, input, and direction.
450
Commission Memorandum - Ordinance Prohibiting Motorized Means of Transportation on Beachwalks
June 11,2014
Page 6 of 6
ln addition to the prohibitions described herein, State Statute 31 6.1 995 prohibits any vehicle other
than by human power, except motorized wheelchairs, to drive upon any bicycle path, sidewalk, or
sidewalk area, except upon a permanent or duly authorized temporary driveway. This state statute
allows the City's Police Department to issue a non criminal traffic infraction, punishable as a moving
traffic violation to trikkes, electrical bikes, motorized scooters, motorized skate boards, and other
similar motorized vehicles.
REGOMMENDAT]ON
ln the interest of public safety and in response to public input received at the May 21, 2014 Cily
Commission meeting, the Administration is recommending that the additional safety regulations for
operators of and businesses that rent, lease or provide tours of Segways, be incorporated into the
City Code, as well as the amended penalties and appeal requirements.
Attachments:
A: Resolution No. 2012-28041
B: Map of Segway-Prohibited Areas
*or#o,.#Sa
T:\AGENDA\2014\June\Ordinance Prohibiting Motorized Means Of Transportation on Beachwalk MEMO.doc
451
Attachment A
RESOLUTTON NO.l 2012-2804',1
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF M]AMI BEACH, FLORIDA, ADOPTING
ADMINISTRATIVE RULES FOR CHAPTER 70, ENTITLED*MISCELLANEOUS OFFENSES'', ART]CLE II, ENTITLED..PUBLIC PLACES,'' DIVISION II, ENTITLED "BICYCLING,
SKATEBOARDING, ROLLER SKATING, IN.LINE
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 24,2012, the Mayor and the City Commission of the City Code
of Miami Beach adopted Ordinance No.2012-3780 amending Chapter 70, Article 2, Division ll
of the City Code regarding the regulation of bicycling, skate boarding, roller skating, in-line
skating, and motorized means of transportation, and among other things, providing for the
establishment of Administrative Rules regarding a) the responsibilities of persons and business
entities providing rentals leases and/or tours of electric personal mobility devices and b) the
responsibilities of persons operating electric personal mobility devices; and'
WHEREAS, the following Administrative Rules, as provided for in Sections 70-69 and
7O-7O oI the City Code, set forth regulations for the use and operation of electric personal
assistive mobility devices and are established.in lhe interest of safety within the City of Miami
Beach:
l. Resoonsibilities of Persons and Business Entities Providinq Rentals. Leases. and/or Tours of
Electric Personal Assistive Mobility Devices:
a) The insurahce required pursuant to Section 70-7(b) of the City Code shall be
obtained from an insurance company that is Best rated of B+ Vl, or better, and shall
include medical payment coverage no less than $25,000 for any injured persons and
a rninimum of $1,000,000.00 in liability insurance coverage that includes any and all
renters/lessees as named or additional insureds.
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 well as a
device lD number, shall be affixed on the personal assistive mobility device with
lettering and numbers at least 4" in height.
c) Prior to renting o[ leasing an electric personal assistive mobility device, the user of
the device must be trained as to the safe operation of the device,
d) Accidents regarding electric personal assislive mobility devices shall be promptly
reported to the Miami Beach Police Department and Miami Beach Fire Rescue.
e) The City Code and these Administrative Rules shall be posted in a conspicuous
place of any business entity renting/leasing and/or providing tours for electric
personal assistive mobility devices.
452
il.
f) Electric assistive personal mobility devices shall not be leased, rented, or used for
tours after sunset or before sunrise or during inclement weather.
g) Electric personal assistive mobility devices shall not be put into service for use by the
public when it is suspected that the 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 recklessly
. 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.
Responsibilities of Ooeratgrs of Electric Personal Assistive Mobilitv Devices
a) lf an operator has an accident with a pedestrian or other person, the operator must
immediately report the accident to the Miami Beach Police Department and Miami
Beach Fire Rescue. ln addition, the operator must i) remain on the scene until a -
police officer arrives, ii) identify himself/herself to the victim and to the police officer,
and iii) provide to the victim and the police officer the name of the person or business
that leased or rented the device.
b) Operators of personal assistive mobility devices shall not operate the device in a
reckless manner, nor shall the operator obstruct or endanger pedestrian or vehicular
traffic.
c) Electric personal assistive mobility devices shall not be operated after sunset or
before sunrise or during inclement wealher.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the foregoing Administrative
Rules regarding the rental, lease, tours, and operation of electric personal assistive mobility
devices are hereby approved and adopted.
PASSED AND ADOPTEothis !fuday of October,2012.
q*-
APPHOVEDASTO
FOBI,iI & LANGUAGE
F:\ATTO\TURMRESOS\Segway Administration Rules
& FOR EXECUTION
453
E MIAMIBEACH
OFFICE OF THE CITY ATTORNEY
JOSE SMITH, CITY ATTORNEY
TO:MAYOR MATTI HERRERA BOWER,
MEMBERS OF THE CITY COMMISSION
KATHIE BROOKS,INTER]M MANAGER
FROM:
DATE:
SUBJEGT:
JOSE
CITY A
OCTOBER 24,
RESOLUTION ADOPTING ADMINISTRAT]VE RULES FOR
CHAPTER 70, ARTICLE II, DIVISION II, OF THE MIAM] BEACH
C]TY CODE ENTITLED'BICYCLING, SKATEBOARDING, ROLLER
SKATING, IN.LINE SKATING, AND MOTOR]ZED MEANS OF
TRANSPORTATION AS PROVIDED FOR IN SECTION 70.69 AND
70.70 OF THE CITY CODE.
The attached Resolution sets forth Administralive Rules that address electric personal
assistive mobility 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 Comniission 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 assistive mobility devices and b) operators of electric personal assistive
mobility devices.
Agenda ltem
Date
COMMISSION MEMORANDUM
R'-ltr
ll-&tl- tt-
F;\ATTO\TURN\COMMMEMO\Segway.doc
454
Attachment B
South Pointe Park
Segway Prohibited Areas .&15
i':-', ,l?trfri
Path M \$CI\,44\GlS\Projecls\14*SegwayProh biledAreas\ArcMap\Segway (.evised).mxd455
ORDINANGE NO.
AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING GHAPTER 70 OF THE GODE
OF THE CITY OF MIAMI BEACH, ENTITLED ..MISCELLANEOUS
oFFENSES," By AMENDING ARTICLE l!, ENTITLED ,,pUBLlC PLACES,"
BY AMENDING DIVISION 2, ENTITLED "BICYCLING, SKATEBOARDING,
ROLLER SKATING, IN-LINE SKATING, AND MOTORIZED MEANS OF
TRANSPORTATION," BY AMENDING SECTION 70-69, ENTITLED.,RESPONSIBILIT!ES OF BICYCLISTS, SKATERS, AND PERSONS
OPERATING ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES,''
BY AMENDING THE RESPONSIBILITIES SET FORTH THEREIN; BY
AMENDING SECTION 70-70, ENTITLED "RESPONSIBILITIES OF
PERSONS AND BUSINESS ENTIT]ES PROVIDING RENTALS, LEASES
AND /OR TOURS OF ELECTRIC PERSONAL ASSISTIVE MOBILITY
DEVICES,'' BY AMENDING THE RESPONSIBILITIES SET FORTH
THEREIN; BY AMENDING SECTION 70-71, ENTITLED "ENFORCEMENT;
PENALTIES," TO AMEND AND PROVIDE ADDITIONAL PENALTIES FOR
VIoLATIONS OF SECTTONS 70-69(D)-(E) AND 70-70, AND AMENDTNG
THE TIME TO APPEAL VIOLATIONS; PROVIDING FOR REPEALER,
SEVERABIL!TY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of Miami Beach seek to
encourage the safe use of sidewalks and bicycle paths in the City; and to facilitate and balance
the health, safety, and welfare interests of bicyclists and pedestrians, 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 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 July 1,
2012, to provide that a "municipality may 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 regulation is necessary in the interest of
safety"; and
WHEREAS, due to the safety concerns and injuries already experienced on certain
heavily lraveled sidewalks and bike paths in the City, the Mayor and City Commission
determined that it is in the interest of public safety that electric personal assistive mobility
devices be regulated as provided in Division 2 of Article ll of Chapter 70 of the City Code and
prohibited in the areas set forth in Section 70 - 67 of the City Code; and
WHEREAS, pursuant to Resolution No. 2012-28041, Administrative Rules regulating
businesses that lease, rent, or provide tours for electric personal assistive mobility devices and
the persons that operate such devices were adopted by the City Commission in the interest of
safety; and
WHEREAS, the regulations set forth in the Administrative Rules should be incorporated
into the City Code in the interest of safety, along with other regulations concerning electric
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personal assistive mobility devices, and the enforcement, penalty, and appeal provisions
relative to violations of such regulations should be amended.
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:
SECTION 1. That Division 2 of Article ll of Chapter 70 of the Code of the City Miami Beach is
hereby amended as follows:
CHAPTER 70
MISCELLANEOUS OFFENSES
ARTICLE ll. Public PIaces
DIVISION 2. Bicycling, Skateboarding, Roller Skating, ln-Line Skating,
and Motorized Means of Transportation
***
Sec. 70-69. Responsibilities of bicyclists, skaters, and persons operating electric
personal assistive mobility devices.
(a) lt shall be unlawful for any person to engage in bicycling, skateboarding, in-line
skating, roller skating, or operating electric personal assistive mobility devices in
the following areas, except for electric personal assistive mobility devices when
used by disabled persons in the areas set forth in (a)(1):
(1) On the grounds of any public facility including, but not limited to, city hall,
municipal parking garages, city police and fire stations, city public works
yards, and historically designated properties.
(2) On any public walls, ramps, fountains, or other fixtures or structures.
(b) 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.
(c) Whenever any person is riding a bicycle, skateboarding, in-line skating, roller
skating, or operating an electric personal assistive mobility device where
othenrvise not prohibited, such person shall engage in such activity at a safe
speed which does not endanger the safety of pedestrians or others. shall not
obstruct or endanqer pedestrian or vehicular traffic, shall yield the right-of-way to
any pedestrian, and shall give an audible signal before overtaking and passing
such pedestrian.
(d) Whenever a person is operatinq an electric personal assistive mobility device.
such person:
(l] Shall immediatelv report anv accident with a pedestrian or other person to
the Miami Beach Police Department and Miami Beach Fire Rescue. ln
addition. the operator must:
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(a) remain on the scene until a police officer arrives:
(b) identifv himself/herself to the victim and to the police officer, and
(c) provide to the victim and to the police officer the name of the person or
business that leased or rented the device.
(2) Shall not operate the electric personal assistive mobilitv device between
sunset and sunrise or durinq inclement weather.
(d{e) Whenever a person is operatino an electric personal assistive mobility device.
such person shall complv with all applicable federal. state. and countv
requlations. administration rules. and laws., and
@allapplicableadministrativerulesestablishedby
the city.
Sec. 70-70. Responsibilities of persons and business entities providing rentats, leases,
and/or tours of electric personal assistive mobility devices.
Any person or business entity that rents, leases, and/or provides tours for electric
personal assistive mobility devices shall:
(a) Obtain a business tax receipt from the City pursuant to chapter 102 of the City
Code;
(b) Provide a minimum of $1,000,000.00 in liability insurance coverage for bodilv
iniury and oropertv damage from an insurance company that is Best rated B+ Vl
or better. that Includes medical pavment coveraqe no less than $25,000 for any
iniured oersons. and that includes the City of Miami Beach as an additional
named insured;
(c) Provide a certificate from an authorized electric personal assistive mobility device
dealer verifying that each device made available from rent, least, or tour has
been set to a maximum speed of eight mph;
(d) 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;
(e) Provide all renters of electric personal assistive mobility devices with a copy of
Division 2 of Article ll of Chapter 70 of the @ eCitv
laursr--eQode
prohibited areas of operation. the receipt of which shall be acknowledged in
writing by the renter; and
(f} Post a copv of Division 2 of Article ll of Chapter 70 of the Citv Code, and a cooy
of the Citv's map of prohibited areas of operation. in a conspicuous olace at the
location where the electric personal assistive mobilitv devices are leased or
rented.
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(g) Affix the name and telephone number of the person or business entity that
rents/leases and/or provides tours. as well as a device lD number, all of which
shall be in letterinq and numbers at least 4" in heiqht, on the front and back of
each electric oersonal assistive mobility device that is leased or rented.
(h) Provide traininq as to the safe operation of electric personal assistive mobilitv
devices to all lessees or renters of the devices. The oerson or business entitv
must maintain written proof. slqned bv the lessee or renter, that establishes the
traininq provided for the safe operation of the electric personal assistive mobility
device.
O Lease, rent, or use electric personal assistive mobilitv devices for tours only
between sunrise and sunset and not durinq inclement weather.
O Lease, rent or provide tours on electric personal assistive mobilitv devices onlv to
oersons 16 years of aqe or older and that weiqh 100 or more oounds.
(l<) Not lease, rent or provide tours on electric personal assistive mobility devices
. lhat are. or are suspected to be, unsafe for use.
!) Not lease. rent or orovide tours to persons who are believed to be intoxicated, act
with reckless, disreqard or indifference to the safety of others, or incompetent to
operate an electric personal assistive mobilitv device.
Od Promotlv report anv accidents reqardinq leased or rented electric personal
assistive mobility devices to the Miami Beach Police Department and Miami
Beach Fire Rescue.
$(!) Comply with all administrative rules that may be established by the city regarding
rentals, leases, tours, and the safe operation of electric personal assistive
mobility devices.
Sec. 70-71. Enforcement; penalties.
(a) A violation of the provisions in sections 70-67 and 70-69(a)-(c) by persons
operating electric personal assistive mobility devices or engaged in bicycling,
skateboarding, in-line skating, roller skating, or operating any motorized means
of transportation, shall be enforced by a police officer and shall be deemed a
noncriminal infraction as defined in F.S. $ 318.13(3) and shall be subject to the
penalties set forth in F.S. g 316.655.
(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 2O ten (10) days after service of the
notice of violation, and that failure to do so shall constitute an admission
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2.
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:
a. Pay the civil fine as follows for violations of sections 70-69(d)-(e):(i) Firstoffense..........$100.00;(ii) Second offense .....$250.00;(iii) Third offense.........$500.00;(iv) Fourth and subsequent offenses .....$1,000.00; er
b. Pav the civil fine as follows for violations of sections 70-70(a) and
(cF(n):(i) Firstoffense.........$250.00:(ii) Secondoffense.....$500.00:(iii) Third offense......$1.000.00:(iv) Fourth and subsequent offenses .....$2.000.00.
c. Pay the civil fine as follow for violations of Section 70-70(b):(i) Firstoffense.........$1.000.00:(ii) Secondoffense.....$2.500.00:(iii) Third and subsequent offenses .....$5.000.00: or
tr d. Request an administrative hearing within ten 10 20 days before a
special master appointed as provided in article ll of chapter 30 to appeal
the decision of the code compliance officer which resulted in the issuance
of the notice of violation. lf the offense is a violation of section 70-70(b).
the operation of the business must cease until the reouired insurance is
obtained.
elf the offense if is a fourth or subsequent offense of section 70-69(d)-(e)
or 70-70(a) or (c)-(n), it shall also be considered an habitual offender
offense and, in addition to the penalty set forlh in subsectiong 70-
71(b)(2)a.(iv) and 70-71(bX2)b.(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 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 repo( from the code
compliance officer. Failure of the named violator to appeal the decisions
of the code compliance officer within the prescribed time 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 2e ten (10) days of the
issuance of the notice of violation.
3.
u.
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+5. Any party aggrieved by the decision of the special master may appeal the
decision in accordance with law.
+0. The city may institute proceedings in a court of competent jurisdiction to
compel payment of civil fines.
+7- 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.
(c) 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. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
lf any section, subsection, clause or provision 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
PASSED AND ADOPTED this
ATTEST:
day of 2014
day of 2014.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Jonah Wolfson)
F:!qTTO\TURN\ORDINANC\Segway - Motorized Means Regutations ll - 2014.docx
APPROVED AS TO
FORIV & LAI{GUAGE
& FOR EXECUTION
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