R5L-Amend Ch 70 Misc Offenses Motorized Means Of Transportation -Wolfson-Condensed Title:
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 "Bicycling, Skateboarding, Roller Skating, ln-Line Skating, And Motorized
Means Of Transportation," By Amending Section 70-66, Entitled "Definitions" To lncorporate the Exemption For
Motorized Wheelchairs And Similar Devices Used By Disabled Persons lnto The Definition of "Motorized Means Of
Transportation," Making Corresponding Amendments Throughout Division 2, And Adding A Definition For High
lmpact Periods; By Amending Section 70-67, Entitled "Prohibited Activities," To Amend The Locations Where
Motorized Means of Transportation Are Prohibited; 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 And To lnclude Persons Operating Motorized Means Of Transportation; By
Amending Section 70-70, Entitled 'Responsibilities of Persons And Business Entities Providing Rentals, Leases,
And/OrTours Of Electric PersonalAssistive Mobility Devices," By Amending The Responsibilities Set Forth Therein;
And By Amending Section 70-71 , Entitled "Enforcement; Penalties," To Provide Housekeeping Amendments;
. Codification, And An Effective Date.For
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2014 Miami Beach Community
Satisfaction Survey Final Report, about 4 out of 10 residents (39%) claimed they would ride bicycles; this is
in 2012 @9YoL
Item Summary/Recommendation :
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 electric personal assistive mobility
devices (also known as Segways or EPAMDS). 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 Section 70-71. The Ordinance restricted
the speed of EPAMDS to eight (8) MPH on all sidewalks, sidewalk areas, and bicycle paths, and prohibited the
operation of EPAMDs 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 15th Street. Pre-existing City Code provisions prohibited
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.
ln addition to City Code regulations contained in Chapter 70 and in the City's Administration Rules, Section 82-438 of
the City Code piohibits wf,eeled conveyances on the wooden elevated Eioardwalk, between 24th and 45th Streets,
except when required by disabled persons, strollers, or as required by fire, police, ocean rescue, or other city
employees and agents as may be authorized by the City Manager. Pursuantto Ordinance No.2014-3862onMay21,
2014,the regulations in Section 70-67 were amended to prohibit motorized means of transportation in the following
additional areas: A) The Beachwalk between 15th and 23'd Streets and between 64th and 79'h Streets, B) The
Beachwalk south of 5th Street, C) Lummus Park Promenade between Sth and 1Sth Streets; D) The sidewalks on the
east side Of Ocean Drive between South Pointe Drive and 15th Street; E) The South Pointe Park Cutwalk adjacent
and parallel to Government Cut; F) The Marina Baywalk adjacent and parallel to Biscayne Bay and South of Sth
Street.
On June 11 ,2014, Ordinance No. 2014-3881 was adopted that prohibited the operation of bicycles on Lincoln Road
between 9:00 am and 2:00 am. Ordinance2014-3881 also revised the definitions in Division 2 of Article llof Chapter
70 of the City Code to define "motorized means of transportation" to include "electric personal assistive mobility
devices" and all other devices and means of transportation propelled by other than human power, such as motorized
skateboards and skates, but not those devices defined as a "vehicle" under state law.
To address additional safety concerns and accidents already experienced in the City, Ordinance No. 2014-3883 was
adopted on July 23,2014 to further amend the provisions in Chapter 70 by incorporating the Administrative Rules
into the City Code and adding stricter penalties for insurance violations for business entities providing rentals, leases,
and/or tours. At the July 23,2014 City Commission meeting, the Commission referred the matter of EPAMDS and
motorized means of transportation to the Neighborhood/Community Affairs Committee (NCAC) for further
amendments and to bring an Ordinance back to the City Commission in October. The proposed Ordinance
incorporates many of the resident and City staff recommendations for further amendment and is recommended for
adoption on first reading.
THE ADMINISTRATION RECOMMENDS THAT THE ORDINANCE BE ADOPTED ON FIRST READING.
Financial lnformation :
Source of
Funds:
Amount Account
1
OBPI Total
Financial !moact Summarv: None.
Deoartment Director Assistant Gitr?lanaqer Cit{iManaqer
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City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33I 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members ofJthe City
Jimmy L. Morales, City Manager
October 22,2014
SUBJECT: AN ORDINANCE OF THE MAYOR AllD CITY COMMISSION OF THE CITY
OF MIAM! BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE CODE OF
THE CITY OF MIAMI BEACH, ENTITLED "MISCELLANEOUS OFFENSES,"
BY AMENDING ARTICLE II, ENTITLED "PUBLIC PLACES,'' BYAMENDING
DIVISION 2, ENTITLED "BICYCLING, SKATEBOARDING, ROLLER
SKATING, IN.LINE SKATING, AND MOTORIZED MEANS OF
TRANSPORTATION," BY AMENDING SECTION 70-66, ENTITLED
..DEFIN!T!ONS" TO INCORPORATE THE EXEMPTION FOR MOTORIZED
WHEELCHAIRS AND SIMILAR DEVICES USED BY DISABLED PERSONS
INTO THE DEFINITION OF "MOTORIZED MEANS OF TRANSPORTATION,"
MAKING CORRESPONDING AMENDMENTS THROUGHOUT DIVISION 2,
AND ADDING A DEFINITION FOR HIGH IMPACT PERIODS; BY AMENDING
SECTION 70.67, ENTITLED "PROHIBITED ACTIVITIES," TOAMEND THE
LOCATIONS WHERE MOTORIZED MEANS OF TRANSPORTATION ARE
PROHTBITED; 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 AND TO
INCLUDE PERSONS OPERATING MOTORIZED MEANS OF
TRANSPORTATION; BY AMENDING SECTION 70-70, ENTITLED
..RESPONSIBILITIES OF PERSONS AND BUS!NESS ENTITIES PROVIDING
RENTALS, LEASES, AND/OR TOURS OF ELECTRIC PERSONAL
ASSISTIVE MOBILITY DEVICES," BY AMENDING THE RESPONSIB!L!T!ES
SET FORTH THEREIN; AND BY AMENDING SECTION 70-71, ENTITLED
"ENFORCEMENT; PENALTIES," TO PROVIDE HOUSEKEEPING
AMENDMENTS; PROV!DING FOR REPEALER, SEVERAB!LITY,
CODIFICATION, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that this Ordinance 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 thatthere 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.
FROM:
DATE:
412
Commission Memorandum - Ordinance Prohibiting Motorized Means of Transportation on Beachwalks
October 22,2014
Page 2 of 4
BACKGROUND
ln2OO7, pursuant to Resolution No. 2007-26695, 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
Electric Personal Assistive Mobility Devices (also known as Segways or "EPAMDs") along the City's
Beachwalk, sidewalks, and rights-of-way. Complaints with regard to EPAMD 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. ln
addition to persons operating EPAMDs, persons that utilize other motorized means of transportation,
as defined in the City Code, such as motorized skateboards, also pose a safetythreatto pedestrians
and others who utilize the City's sidewalks and pedestrian ways.
HISTORY REGARDING REGU LATIONS
At its October 24,2012 meeling, the City Commission passed and adopted Ordinance No. 2012-
3780 and Resolution No.2012-28041 which provided various regulations concerning EPAMDS. 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 Section 70-71. The Ordinance restricted the speed of
EPAMDs to eight (8) MPH on all sidewalks, sidewalk areas, and bicycle paths, and prohibited the
operation of EPAMDs 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
City Code provisions prohibited 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 set forth Administrative Rules to address EPAMDs. The Administrative
Rules provided regulations, in addition to those set forth in City Code, for the safe operation of
electric personal assistive mobility devices within the City and setforth various responsibilities fora)
persons and business entities providing rentals, leases, and/or tours of EPAMDs, and b) operators
of EPAMDS.
tn 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 Streets, 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.
Pursuant to Ordinance No. 2014-3862 passed and adopted by the City Commission on May 21,
2014, the regulations in Section 70-67 were amended to prohibit motorized means of transportation
in the following additional areas:
o Beachwalk between 1Sth and 23'd Streets
o Beachwalk between 64th and 79th Streets
o Beachwalk south of Sth Street
o Lummus Park Promenade (also known as the Lummus Park Serpentine Walkway) between
413
Commission Memorandum - Ordinance Prohibiting Motorized Means of Transportation on Beachwalks
October 22,2014
Page 3 of 4
5th and 15th Streets
r 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 Sth Street
Attached herein is a map depicting the City's coastal pathways, both existing and planned, where
motorized means of transportation are prohibited by the City Code and by US Code provisions
applicable to federally funded segments of the Beachwalk.
On June 11,2014, Ordinance No. 2014-3881 was adopted that prohibited the operation of bicycles
on Lincoln Road between 9:00 am and 2:00 am. Ordinance 2014-3881also revised the definitions in
Division 2 of Article ll of Chapter 70 of the City Code to define "motorized means of transportation" to
include "electric personal assistive mobility devices" and all other devices and means of
transportation propelled byotherthan human power, such as motorized skateboards and skates, but
not those devices defined as a "vehicle" under state law. Those devices defined as a "vehicle" under
state law, such as mopeds, motorized scooters, and motorized bicycles are already prohibited on
bicycle paths, sidewalks, and sidewalk areas and are enforced by the City's Police Department as
moving violations under Section 316.1995 of the Florida Statutes.
To address additional safety concerns and accidents already experienced in the City, Ordinance No.
2014-3883 was adopted on July 23, 2014 to further amend the provisions in Chapter 70 by
incorporating the Administrative Rules into the City Code and adding stricter penalties for insurance
violations for business entities providing rentals, leases, and/or tours of EPAMDS. These additional
provisions continued to address the safety concerns resulting from the accidents and collisions
between motorized means of transportation and pedestrians that have occurred on the City's
sidewalks, bicycles paths, and pedestrian ways. ln addition, events held during high impact periods
can increase pedestrian traffic by the thousands, and it is unsafe for any vehicle or motorized means
of transportation to operate on streets closed by the Police Department for such events as those
streets are then utilized by dense pedestrian traffic. Thus, a provision was added to prohibit
motorized means of transportation on any street or road closed to motor vehicular traffic by the
Police Department for events during high impact periods.
Atthe July23,2014CiW Commission meeting, during the second reading of Ordinance 2014-3883,
City Commission referred resident suggestions for further amendments to Chapter 70 to the
Neighborhood/Community Affairs Committee (NCAC) and to bring an Ordinance back to the City
Commission in October.
At the July 25, 2014 NCAC meeting, suggestions forfurtheramendments, proffered by residents in
attendance, were discussed. The NCAC passed a motion directing the Administration to reviewthe
residents'suggestions and bring a revised Ordinance back to NCAC in October.
Pursuant to the above direction, this proposed Ordinance is being presented to City Commission
and NCAC in October. The proposed Ordinance incorporates many of the resident and City staff
recommendations for further amendment and is recommended for adoption on first reading.
Based on staff's subsequent review, the proposed Ordinance sets forth various housekeeping,
as well as additional safety regulations, such as:
o Adding a definition of "high impact periods" in Sec. 70-66 because these periods, currently
defined and cross-referenced in Sec.46-92(gX1)(b), are being deleted from Sec.46-
9Z(gX1Xb) in another unrelated ordinance concerning commercial handbills. A
corresponding amendment is made in Sec. 70-67(9).
. Amending the definition of motorized means of transportation to exempt motorized devices
414
Commission Memorandum - Ordinance Prohibiting Motorized Means of Transportation on Beachwalks
October 22,2014
Page 4 of 4
and wheelchairs when used by disabled persons, and making corresponding amendments
throughout Division 2.
. Amending Sec. 70-67 to add South Pointe Park Pier to the list of areas where motorized
means of transportation are prohibited, as well as making certain clarifying clean-up
amendments.o Making the responsibilities applicable to EPAMDS in Sec. 70-69 also applicable to other
motorized means of transportation and adding restrictions regarding EPAMD tours.
. Amending Sec. 70-70, regarding the responsibilities of persons and entities that rent
EPAMDs, to strengthen the licensing, certification, and insurance requirements;expand the
requirements regarding the providing of a combined release, hold harmless and
acknowledgments by renters; and adding regulations regarding tours and prohibiting towed
persons or objects.
. Amending Sec. 7O-71to provide minor housekeeping amendments.
RECOMMENDAT!ON
fn the interest of public safety and in response to public input received at the July 23,2014 City
Commission meeting, the Administration is recommending the additional safety regulations and
housekeeping amendments set forth in the Ordinance.
Atluchment: Mao of Prohibited Areas
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Attachment
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ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE GODE
OF THE CITY OF MIAMI BEACH, ENTITLED "MISCELLANEOUS
OFFENSES," BY AMENDING ARTICLE II, ENTITLED "PUBLIC PLACES,"
BY AMEND!NG DIVISION 2, ENTITLED "BICYCLING, SKATEBOARDING,
ROLLER SKATING, IN.LINE SKATING, AND MOTORIZED MEANS OF
TRANSPORTATION," BY AMEND!NG SECTION 70.66, ENTITLED..DEFINITIONS" TO INCORPORATE THE EXEMPTION FOR MOTORIZED
WHEELCHAIRS AND SIMILAR DEVICES USED BY DISABLED PERSONSINTO THE DEFINITION OF "MOTORIZED MEANS OF
TRANSPORTATION," MAKING CORRESPONDING AMENDMENTS
THROUGHOUT DIVISION 2, AND ADDING A DEFINITION FOR HIGH
IMPACT PERIODS; BY AMENDING SECTION 70-67, ENTITLED..PROHIBITED ACTIVITIES,'' TO AMEND THE LOCATIONS WHERE
MOTORIZED MEANS OF TRANSPORTATION ARE PROHIBITED; BY
AMENDING SECTION 70.69, ENTITLED "RESPONS!BILITIES OF
BICYCLISTS, SKATERS, AND PERSONS OPERATING ELECTRIG
PERSONAL ASSISTIVE MOBILITY DEVICES,'' BY AMENDING THE
RESPONSIBILITIES SET FORTH THEREIN AND TO INCLUDE PERSONS
OPERATING MOTORIZED MEANS OF TRANSPORTATION; BY
AMENDING SECTION 70-70, ENTITLED "RESPONSIBILITIES OF
PERSONS AND BUSINESS ENTITIES PROVIDING RENTALS, LEASES,
AND/OR TOURS OF ELECTRIC PERSONAL ASSISTIVE MOBILITY
DEV!CES,'' BY AMENDING THE RESPONSIBILITIES SET FORTH
THEREIN; AND BY AMENDING SECTION 70-71, ENTITLED
"ENFORCEMENT; PENALTIES," TO PROVIDE HOUSEKEEPING
AMENDMENTS; PROVIDING FOR REPEALER, SEVERAB!LITY,
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, Section 316.008 of the Florida Statutes authorizes local governments to,
among other things, regulate traffic by means of police officers, restrict the use of streets,
prohibit or regulate the use of heavily traveled streets by any class or kind of traffic found to be
incompatible with the normal and safe movement of traffic, and regulate persons upon skates,
417
coasters, and other toy vehicles; and
WHEREAS, due to the safety concerns and injuries already experienced on sidewalks
and bike paths in the City, the Mayor and City Commission has previously determined that it is
in the interest of public safety that electric personal assistive mobility devices, and other
motorized means of transportation, be regulated as provided in Division 2 of Article ll of Chapter
70 and Article lof Chapter 106 of the City Code and, in furtherance thereof, passed and
adopted the provisions in Ordinances Nos. 2012-3780,2014-3862, and 2014-3881; 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 were subsequently
incorporated into the City Code pursuant to the adoption of Ordinance No. 2014-3883 in the
interest of safety, along with other additional regulations concerning electric personal assistive
mobility devices, and the enforcement, penalty, and appeal provisions relative to violations of
such regulations; and
WHEREAS, the Mayor and City Commission have determined that further clarifying and
housekeeping amendments, as well as additional regulations for the safe operation of electric
personal assistive mobility devices, and for the safe operation of other motorized means of
transportation, as such terms are defined in the City Code, should be adopted as set forth
herein in the interest of public safety.
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 Places
DIVISION 2. Bicycling, Skateboarding, Roller Skating, !n-Line Skating,
and Motorized Means of Transportation
Sec. 70-66. Definitions.
The following definitions are applicable to this division:
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
418
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 that 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.
Electric personal assisfive 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 Section 316.003(83) Fla. Stat.,
as may 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.
Hioh impacf periods means those periods of time as annuallv desiqnated bv the
citv manaqer durinq which one or more of the followinq occur:
O There is a desiqnated maior event oeriod:
CI A maintenance of traffic plan is required (e.q.. includino. but not limited to.
street closures. lane closures. shuttle service):
[]l) Hotel occupancv levels are anticipated to be qreater than 75 percent:
(!y) Mutual aid or other assistance from outside aqencies is required to provide
for the safetv and well-beinq of residents and visitors to the destinations: or
(y) An event on public oropertv is anticipated to result in more than 25.000
visitors to the destination.
Launching means using any angled or elevated surface which the skater,
skateboarder, or cyclist can jump from in order to get airborne.
Motorized means of transportafion means any devices or means 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 not defined as a vehicle in Section 316.003, Fla. Stat.,
as may be amended: but shall not include motorized devices and wheelchairs when
used bv disabled persons.
Rail sliding means ta-preeessl an activitv 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.
419
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)It shall be unlavrrful for any person to engage in skateboarding. roller skatino. and in-
line skatinq at any time, to operate any motorized means of transportation at any
time,
persenq 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 of Alton Road.
It shall be unlaMul 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 west
side of Ocean Drive between South Pointe Drive and 15th Street at any time.
It shall be unlaMul to operate, at any time, any motorized means of transportation,
disabl€d-pe+senq in, on, or upon any portion of:
qj) the Beachwalk between 1Sth and 23'd Streets, between
64th and 79th Streets, Ssouth of sth Street g!d_gn_a!y
additional seoments of the Beachwalk that mav be
constructed in the future:
b(!) the Lummus Park Promenade (also known as the
Lummus Park Serpentine Walkway) between Sth and 1Sth
Streets;
e(3) the sidewalks on the east and west sides of Ocean Drive
between South Pointe Drive and 1Sth Street;
d({) the South Pointe Park Cutwalk adjacent and parallel to
Government Cut;
e(l) the Marina Baywalk adjacent and parallel to Biscayne
Bay and south of Sth Stree[
(6) the interior pathwavs within South Pointe Park and Collins
Park: and
(7) the South Pointe Park Pier.
It shall be unlaMul 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 othenruise not prohibited, which shall be
restricted to a maximum speed of eight miles per hour.
(b)
(c)
(d)
420
(e) lt shall be unlaMul to operate an electric personal assistive mobility device on any
bicycle path in the city, where othenruise not prohibited, at a speed greater than eight
miles per hour.
(0 lt shall be unlaMul to grind, rail slide, launch, e+ stall or to engaqe in anv other such
tvpe of activitv on the a skateboard, in-line skates, or roller skates er+e-ensage-H1
whichresultsinthedamageofpublicorprivate
property.
(g) lt shall be unlawful te eperate an eleetrie persenal assistive rnebility deviee en interier
pathways within Seuth Peinte Park and Cellins Park.
It shall be unlawful to operate any motorized device defined as a vehicle in section
316.003,Fla.Stat.andanymotorizedmeanSoftransportation@
wheelehairs when used by disabled persens' on any street or road that is closed to
motor vehicle traffic by the Police Department for events during high impact periods,
ien
l6 e2(gX1Xb).
(h) All of the prohibitions in this section shall applv to the areas identified
notwithstandinq anv chanqe in the name of the street. rioht-of-wav. or facilitv.
Sec.70-68. Exemptions.
Police department and code compliance department bicycle, in-line skate, and electric
personal assistive mobility device patrol units, vehicles, and motorized means of transportation;
city service and transit vehicles; city-contracted security and maintenance service vehicles;
service vehicles authorized by the city for use by city lessees, concessionaires, or other city
contractors operating pursuant to any agreement with the city; and a person dismounted from
and walking a bicycle, shall be exempt from the restrictions of this division.
Sec. 70-69. Responsibilities of bicyclists, skaters, and persons operating eleetrie
iees motorized means of transportation.
(a) lt shall be unlawful for any person to engage in bicycling, skateboarding, in-line
skating, roller skating, or operating a
motorized means of transportation in the following area+-exeepl{er-eleetrie
set{e*hin{a{fl:
(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 Citv properties=: ang!
(2) On any public walls, ramps, fountains, or other fixtures or
structures.
(b) Bicycles shall not be chained or othenrvise secured to any tree, fixture, or object
which is not a bicycle rack on any portion of Lincoln Road or Ocean Drive.
421
Whenever any person is riding a bicycle, skateboarding, in-line skating, roller
skating, or operating a motorized
means of transportation where otherwise not prohibited, such person shattl
CI shall engage in such activity at a safe speed which does
not endanger the safety of pedestrians or othersr;
Q shall not obstruct or endanger pedestrian or vehicular
traffic,;
CI shall yield the right-of-way to any pedestrian, and shall give
an audible signal before overtaking and passing such
pedestrian;
@ shall not enqaqe in such activitv with a trailer or anv other
passenoer or towed obiect or person except for the lawful
use of a child seat on a bicvcle: and
CI shall onlv travel in sinole file when ooeratinq an electric
personal assistive mobilitv device durinq a tour.
Whenever a person is operating ,e a
motorized means of transportation such person:
(1) Shall immediately report any accident with a pedestrian or other person to
the Miami Beach Police Department and Miami Beach Fire Rescue. ln
addition, the operator must:
(a) remain on the scene until a police officer arrives;
(b) identify 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-.: angl
(2) Shall not operate the eleetrie persenal assistive mebility deviee the
motorized means of transportation between sunset and sunrise or during
inclement weather.
Whenever a person is operating q
motorized means of transportation, such person shall comply with all applicable
federal, state, and county regulations, administratienve rules, and laws, and all
applicable administrative rules established by the city.
Sec. 70-70. Responsibilities of persons and business entities providing rentals, leases,
and/or tours of electric persona! assistive mobility devices.
Any person or business entity that rents, leases, andior provides tours for electric
personal assistive mobility devices shall:
(c)
(d)
(e)
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(a) Obtain a business tax receipt from the City pursuant to chapter 102 of the City
Code A business tax receipt shall not be issued unless the Citv is furnished with
documentarv evidence that said person or business entitv is currentlv in
compliance with:
CI the insurance requirements in Sec.70-70(b):
@ the soeed certification requirements of Sec. 70-70(c): and
CI the insurance requirements in Sec. 70-70(d).
(b) Previde Maintain a minimum of $1,000,000.00 in commercial general liability
insurance coverage, including bodily injury and property damage, from an
insurance company that is Best Guide rated B+ Vl or better, that includes
medical payment coverage no less than $5,000 for any injured persons, and that
includes the City of Miami Beach as an additional named insured, a waiver of
subrogation clause, and shall specifically cover third party damages resulting
from the ownership, maintenance, and/or use of the electric personal assistive
mobility devices, however caused, and shall not have a clause excluding losses
resulting therefrom. A certificate of insurance shall be furnished to the Citv which
evidences that said coveraqe is currentlv in effect. Not later than ten business
davs before the expiration of the coveraqe period reflected in each Certificate of
lnsurance. the person or business entitv shall furnish to the Citv a renewal
Certificate of lnsurance, evidencinq said coveraoe for a renewal period of not
less than one vear. lf. at anv time. the person or business entitv receives verbal
or written notification of the possibilitv or fact of the cancellation of such
coveraoe. said person or business entitv shall immediatelv advise the Citv in
writino of such notification:
(c) Provide an annual certificate from an authorized electric personal assistive
mobility device dealer, dated and executed bv the dealer's authorized
representative verifying that on a date not more than thirty (30) davs before the
date of the certificate, the dealer inspected each device made available frem for
rent, lease, or tour has been set to a maximum speed of eight mph;
(d) Obtain a combined release of liability, hold harmless agreement, and an
acknowledqement of receipt of the summarv of Sections 70-66 throuqh 70-71 of
the Citv Code. the mao of prohibited areas, the trainino provided. and the offer of
a helmet as required bv Sec. 70-70(o) and Sec. 70-70(h). all as acceptable to the
city attorney, signed by all renters of electric personal assistive mobility devicesl
The combined siqned documents shall be made available for inspection by the
city at any time during business hours. lf the renter is under the aqe of 18. his or
her parent or leqal quardian must sign the combined release. and hold harmless
aoreement, and acknowledqements:
(ixe) Provide a{l each renters of electric personal assistive mobility devices with a City
approved summarv of Sections 70-66 throuqh 70-71 eepy ffi
il++-enap+er-+g of the City Code and the City's map of prohibited areas of
operation, the reeeipt ef whieh shall be aeknewledged in writing b" the renter;
end
0X0 Pest Display a copy of Division 2 of Article ll of Chapter 70 of the City Code, and
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a copy of the City's map of prohibited areas of operation, in a conspicuous place
at the location where the electric personal assistive mobility devices are leased
or rented.;
(nX$ Securelv-Aaffix the name, street address. and telephone number of the person or
business entity that rents/leases and/or provides tours, as well as a unique
device lD number, all of which shall be in lettering and numbers at least 4" in
height, on the front and back of each electric personal assistive mobility device
that is leased or rented,: angl
(h) Provide training as to the safe operation of electric personal assistive mobility
devices to all lessees or renters of the devices. The person or business entity
must maintain written proof, signed by the lessee or renter, that establishes the
training provided for the safe operation of the electric personal assistive mobility
device,;
(eX+) Lease, rent, or use electric personal assistive mobility devicesl
CI only for tours enly;
@ tours shall onlv be conducted between sunrise and sunset and not during
inclement weather-;
(Q tours shall be limited to eioht (8) tour customers and one (1) emolovee
tour leader: and
([) the tour leader must accompanv each tour and shall be experienced in
the safe use and operation of electric personal assistive mobilitv devices:
(g)$ Lease, rent or provide tours on electric personal assistive mobility devices only topersons that weigh 100 or more pounds and all
persons under the aqe of 16 on a tour must wear a bicvcle helmet in accordance
with F.S. $316.2068. as mav be amended,i
(k) Not lease, rent or provide tours on electric personal assistive mobility devices
that:
CI are, or are suspected to be, unsafe for use-.;
@ not set to a maximum speed of 8 mph: and/or
(Q have a trailer or anv other passenqers. or towed obiects or personsi
(l) Not lease, rent or provide tours to persons who;
CI are believed to be intoxicatedr or under the influence of
anv druq or substance that impairs the operator's abilitv to
operate the electrical personal assistive mobilitv device:
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{A act with reckless disregard or indifference to the safety of
others, and/or
(Q are incompetent to operate an electric personal assistive
mobility device,;
Promptly report any accidents regarding involvino 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. S 318.13(3) and shall be subject to the
penalties set forth in F.S. $ 316.655. as may be amended.
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 ten (10) days afterservice of the notice of violation, and thatfailure 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:
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) Thirdoffenr".........$500.00;(iv) Fourth and subsequent offenses .....$1,000.00;
b. Pay the civil fine as follows for violations of sections 70-70(a) and
(cXnXs):(i) Firstoffense .........$250.00;(ii) Second offense .....$500.00;(iii) Thirdoffense......$1,000.00;
(m)
(g}n)
(b)
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(3)
(iv) Fourth and subsequent offenses .....$2,000.00;
c. Pay the civil fine as follow for violations of Section 70-70(b):(i) First offense .........$1,000.00;(ii) Secondoffense.....$2,500.00;(iii) Third and subsequent offenses .....$5,000.00; or
d. Request an administrative hearing within ten 10 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 required insurance is
obtained.
lf the offense 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 forth in subsections 70-71(bX2)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 report 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 ten (10) 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 fines.
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
othenrvise execute upon the lien.
(4)
(5)
(6)
(7)
r0
426
(Q 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.
That 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 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 a part of
the Code of the City of Miami Beach, Florida. The sections of this ordinance may be
renumbered or re-lettered 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 2014.
(€)
PASSED AND ADOPTED this _ day of
ATTEST:
Rafael E. Granado, City Clerk
Underline denotes additions
S+ike$+eughs d e notes deletion s
(Sponsored by Commissioner Jonah Wolfson)
APPROVED AS TO
rONM & LANGUAGE
& FOR EXECUJIoN
l/,).-, 1o(4(,f
ru T0L?
2014.
Philip Levine, Mayor
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