R5N-Amending Chapter 70 Motorized Means Of Transportation -Wolfson-COMMISSION ITEM SUMMARY
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 70-70, Entitled "Responsibilities of Persons and Business Entities Providing Rentals, Leases AndiOr Tours of
Electric Personal Assistive Mobility Devices." By Amending the Responsibilities Set Forth Therein To lnclude Persons And
Business Entities Providing Rentals, Leases, And/Or Tours of Other Motorized Means Of Transportation, And Correcting
Scrivener's Enors Therein: And Providinq For . Codification. And An Effective Date.
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 considerably lower
meeting, the City Commission passed and adopted Ordinance No. 2012-3780 andr v-r,r rv t
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 reshicted 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 St. 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 prohibits wtreeled conveyances on the wooden elevated Boardwalk, between 24h 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. Pursuant to Ordinance No. 2014-3862 on May 21 ,2014, the regulations in Section 70-67 were
amended to prohibit motoriz-ed means of transportation in the following additional areas: A) The Beachwalk between 1Sth and
23d Streets and between 64th and 79th Streets, B) The Beachwalk south of sth St., C) Lummus Park Promenade between Sth and
15th 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 St.
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 2014-3881 also 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 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
NeighborhoodiCommunity Affairs Committee (NCAC) for further amendments and to bring an Ordinance back to the City
Commission in October.
Pursuant to the above direction, an Ordinance was presented to the City Commission on October 22,2014 and the NCAC on
October 31 ,2014. Subsequent to the City Commission meeting on October 22, 2014 and during the NCAC meeting on October
31 , 2014, additional modifications to the Ordinance were discussed and recommended by the NCAC. Those modifications have
been incorporated as part of the Ordinance. Additionally, several amendments which had been included in First Reading were
removed at the request of the Ordinance sponsor, Commissioner Jonah Wolfson. The removal of these items were not included
in the NCAC agenda of October 31, 2014 and were not discussed at the committee meeting but were included in the redline
handout at that NCAC meeting.
At the Novembet 19,2014 City Commission meeting, Ordinance No. 2014-3908 was adopted, as amended on the floor, to
include roller skating and in{ine skating as prohlbited activities on Lincoln Road. At the same Commission meeting, the
Commission requested the Administration to bring back a proposed new Ordinance to the December 17,2014 Commission
meeting. The new Ordinance would address amendments to Section 70-70 to provide responsibilities for businesses and
persons that rent or lease other types of motorized means of transportation, such as motorized skateboards. Currently, the
regulations in Section 70-70 only apply to businesses or persons that rent or lease electric personal assistive mobility devices.
ln the interest of public safety and following up on the request from the Commission at the November 19, 2014 meeting, the
Administration is recommending the additional safety regulations and housekeeping amendments in the proposed Ordinance.
This Ordinance is Commissioner Jonah Wolfson.
This item was presented to the NCAC for discussion on October 31 , 2014. The NCAC approved the proposed ordinance with
Board Recommendation:
Financial lnformation:
Source of
Funds:
Amount Account
1
OBPI Total
Financial lmoact Summarv: None.
Glerk's Office islative T
Jose R. Gonzalez. P.E. X6768
CB ANIANAIB=ACH 513
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City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
December 17,2014
AN ORDINANCE OF THE MAY
TO:
FROM:
DATE:
SUBJECT:
the City
FIRST READING
CITY OF MIAMI BEACH,
AND CITY COMMISSION OF THE
AMENDING CHAPTER 70 OF THE
GODE OF THE CITY OF MIAMI BEACH, ENTITLED "MISCELLANEOUS
OFFENSES," BY AMENDING ARTIGLE I!, ENTITLED "PUBLIC
PLACES," BY AMENDING DIVISION 2, ENTITLED ..BICYCLING,
SKATEBOARDING, ROLLER SKATING, IN-L!NE SKATING, AND
MOTORIZED MEANS OF TRANSPORTATION," BY AMENDING
SECTION 70.70, ENTITLED "RESPONSIBLITIES OF PERSONS AND
BUSINESS ENTITIES PROVIDING RENTALS, LEASES AND/OR
TOURS OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES,"
BY AMENDING THE RESPONSIBILITIES SET FORTH THEREIN TO
INCLUDE PERSONS AND BUSINESS ENTITITIES PROVID!NG
RENTALS, LEASES, AND/OR TOURS OF OTHER MOTORIZED MEANS
OF TRANSPORTATION, AND CORRECTING SCRIVENER'S ERRORS
THEREIN; AND PROVIDING FOR REPEALER, SEVERABIL!TY,
CODIFICATION, AND AN EFFECTIVE DATE.
This Ordinance is sponsored by Commissioner Jonah Wolfson.
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 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, 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
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Commission Memorandum - New Motorized Means of Transportation Ordinance
December 17,2014
Page 2 of 5
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 safety threat to pedestrians and others who utilize the City's sidewalks and pedestrian ways.
HISTORY REGARDI NG REGULATIONS
Ordinance No. 2012-3750 and Resolution No. 2012-28041
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
EPAMDS. The Ordinance amended Chapter 70, Article !1, Division 2 oI 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.
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 set forth various
responsibilities for a) persons and business entities providing rentals, leases, and/or tours of
EPAMDS, and b) operators of EPAMDs.
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 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.
Ordinance No. 2014-3862
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:
. Beachwalk between 1Sth and 23'd Streets. Beachwalk between 64th and 79th Streets. Beachwalk south of Sth Street. Lummus Park Promenade (also known as the Lummus Park Serpentine Walkway)
between Sth and 15th Streetso Sidewalks on the east side of Ocean Drive between South Pointe Drive and 1Sth Street. South Pointe Park cutwalk adjacent and parallel to Government Cuto 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,
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Page 3 of 5
where motorized means of transportation are prohibited by the City Code and by US Code
provisions applicable to federally funded segments of the Beachwalk.
Ordinance No. 2014-3881
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 No. 2014-3881 also revised
the definitions in Division 2 of Article !l 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 by other than 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.
Ordinance No. 201 4-3883
To address additional safety concerns and accidents already experienced in the City, Ordinance
No.2014-3883was adopted on July23,2014to furtheramend the provisions in ChapterT0 by
incorporating the Administrative Rules into the City Code (Resolution No. 2012-28041 was,
thus, subsequently repealed by Resolution No. 2014-28854) 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.
At the July 23, 2014 City Commission meeting, during the second reading of Ordinance No.
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 for further amendments, proffered by
residents in attendance, were discussed. The NCAC passed a motion directing the
Administration to review the residents' suggestions and bring a revised Ordinance back to
NCAC in October.
Ordinance No. 201 4-3908
Pursuant to the above directions, Ordinance No. 2014-3908 was presented to the City
Commission on October 22, 2014 and the NCAC on October 31, 2014. The amendments
incorporated many of the resident and City staff recommendations.
The Ordinance presented on First Reading on October 22,2014 before the City Commission set
forth various housekeeping amendments, 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(g)(1)(b), are being deleted from
Sec. 46-92(gX1Xb) in another unrelated ordinance concerning commercial handbills. A
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Commission Memorandum - New Motorized Means of Transportation Ordinance
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Page 4 of 5
corresponding amendment is made in Sec. 70-67(9).. Amending the definition of motorized means of transportation to exempt motorized
devices 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.. Making the responsibilities applicable to EPAMDS users in Sec. 70-69 also applicable to
users of other motorized means of transportation.o Amending Sec. 70-70, regarding the responsibilities of persons and entities that rent
EPAMDS, to strengthen the licensing, certification, and document requirements; expand
the requirements regarding the providing of a combined release, hold harmless and
acknowledgments by renters; and adding regulations regarding tours and prohibitions
regarding towed objects or persons.. Amending Sec. 70-71to provide minor housekeeping amendments.
Subsequent to the City Commission meeting on October 22, 2014, and during the NCAC
meeting on October 31,2014, additional modifications to the Ordinance were discussed and
recommended by the NCAC, including the following:
o Deleting the requirement that the street address and phone number of the entity renting,
leasing, or providing tours of EPAMDS be on the device (see Sec. 70-70(n)).o Adding a requirement that the tour leader of EPAMDS wear a shirt with the name of the
entity conducting the tour in lettering at least 4 inches in height on the front and back of
the shirt (see Sec. 70-70(e)( )).. Clarifying that violations written by a Code Compliance Officer may alternatively be
written by a Police Officer (see Secs. 70-66 and 70-71(b)).
At the October 31, 2014 NCAC meeting, the Committee also discussed potential regulations for
motorized "toy" vehicles, such as motorized skateboards, and recommended that "toy" vehicles
be regulated separately.
ln addition, the following items, which had been included in First Reading, were removed at the
request of the Ordinance sponsor, Commissioner Jonah Wolfson. The removal of these items
were not included in the printed NCAC agenda for October 31, 2014 and were not discussed by
the Committee, but were included in the red-lined handout at the NCAC meeting:
o Deleting the proposed prohibition of roller skating and in-line skating on Lincoln Road
(see Sec. 70-67(a)).. Removing the requirement that EPAMD operators only travel in single file during a tour
(see Sec. 70-69(c)(5)).. Eliminating the verbal notification of insurance coverage cancellation (see Sec. 70-
70(b)).
ln addition, a scrivener's error in Sec. 70-70 (aX3) was corrected after First Reading.
PROPOSED ORDINANCE
At the November 19,2014 City Commission meeting, Ordinance No. 2014-3908 was adopted,
as amended on the floor, to include roller skating and in-line skating as prohibited activities on
Lincoln Road. At the same Commission meeting, the Commission requested the Administration
to bring back a proposed new Ordinance to the December 17, 2014 Commission meeting. The
new Ordinance would address amendments to Section 70-70 to provide responsibilities for
businesses and persons that rent or lease other types of motorized means of transportation,
such as motorized skateboards. Currently, the regulations in Section 70-70 only apply to
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Commission Memorandum - New Motorized Means of Transportation Ordinance
December 17,2014
Page 5 of 5
businesses or persons that rent or lease electric personal assistive mobility devices (Segways).
Motorized skateboards, and other such devices, pose a safety risk to pedestrians and traffic,
thus, such devices also require regulations with regard to their rental or lease.
The new Ordinance represents the response from the Administration to the Commission's
request.
RECOMMENDATION
ln the interest of public safety and pursuant to the request from the City Commission at the
November 19, 2014 meeting, the Administration is recommending the additional safety
regulations and housekeeping amendments set forth in the proposed Ordinance.
Attachment: Mao of Prohibited Areas
h,#&**,
T:\AGENDA\20'14\December\Transportation\Ordinance Regulating New Motorized Means of Transportation MEMO.docx
518
Attachment
Collins Park
South Pointe Park
Path: M:\$C[rB\GlS\Projects\'14_SegwayProhibitedAreas\ArcN.,lap\Segway (revised).mxd519
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 AMEND!NG ARTICLE II, ENTITLED "PUBLIC PLACES,''
BY AMENDING DIVISION 2, ENTITLED "BICYGLING, SKATEBOARD!NG,
ROLLER SKATING, IN.LINE SKATING, AND MOTORIZED MEANS OF
TRANSPORTATION,'' BY AMENDING SECTION 7O-70, ENTITLED..RESPONS!BILITIES OF PERSONS AND BUSINESS ENTIT!ES
PROVIDING RENTALS, LEASES, AND/OR TOURS OF ELEGTRIC
PERSONAL ASSISTIVE MOBILITY DEVICES," BY AMENDING THE
RESPONSIBILITIES SET FORTH THEREIN AND TO INCLUDE PERSONS
AND BUSINESS ENTITIES PROVIDING RENTALS, LEASES, AND/OR
TOURS OF OTHER MOTORIZED MEANS OF TRANSPORTATION, AND
CORRECTING SCRIVENER'S ERRORS THEREIN; AND PROVIDING FOR
REPEALER, SEVERABILIW, 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 316.008 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,
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 have 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 Division2 of Article ll of Chapter
70 and Article I of Chapter 106 of the City Code and, in furtherance thereof, passed and
adopted the provisions in Ordinance Nos. 2012-3780,2014-3862,2014-3881 and 2014-3908;
and
WHEREAS, Chapter 70 of the City Code provides, among other things, for
responsibilities of persons and business entities that rent, lease, and/or provide tours of electric
personal assistive mobility devices so that such activities are conducted in the interest of public
safety; and
WHEREAS, the Mayor and City Commission have determined that additional regulations
for persons and business entities that provide rentals, leases, andior tours of other types of
520
motorized means of transportation, as defined in Chapter 70 of the City Code, are necessary in
the interest of safety.
NOW, THEREFORE, BE !T 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 Il. Public Places
DIVISION 2. Bicycling, Skateboarding, Roller Skating, ln-Line Skating,
and Motorized Means of Transportation
Sec. 70-70. Responsibilities of persons and business entities providing rentals, leases,
and/or tours of motorized means of transportation
devices.
Except in those instances in which anv of the followinq reouirements and prohibitions are
expresslv limited to electric personal assistive mobilitv devices and/or other specified devices.
Aany person or business entity that rents, leases, and/or provides tours for ele€trie-persen€{
ass+s+ive-megility m oto rized mea ns of tra ns portatio n devi ces s ha I I :
(b)
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 City is furnished with
documentary evidence that said person or business entity is currently in
compliance with:
(1) the insurance requirements in Sec. 70-70(b);
(2) the speed certification requirements of Sec. 70-70(c); and
(3) the document requirements in Sec. 70-70;
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 motorized
means of transportation devices, however caused, and shall not have a clause
excluding losses resulting therefrom. A certificate of insurance shall be
furnished to the City which evidences that said coverage is currently in effect.
Not later than ten business days before the expiration of the coverage period
(a)
521
reflected in each Certificate of lnsurance, the person or business entity shall
furnish to the City a renewal Certificate of lnsurance, evidencing said coverage
for a renewal period of not less than one year. lf, at any time, the person or
business entity receives written notification of the cancellation of such coverage,
said person or business entity shall immediately advise the City in writing of such
notification and cease the lease. rental, and/or use of the motorized means of
transportation devices ;
(c)Provideanannualcertificatefromanauthorized@ive
meO+t+y-+eviee dealer, of the applicable motorized means of transportation
device. dated and executed by the dealer's authorized representative verifying
that on a date not more than thirty (30) days before the date of the certificate, the
dealer inspected each device made available for rent, lease, or tour and that the
device has been set to a maximum speed of eight mph;
(d) Obtain a combined release of liability, hold harmless agreement, and an
acknowledgement of receipt of the summary of Sections 70-66 through 70-71 of
the City Code, the map of prohibited areas, the training provided, and the offer of
a helmet as required by Sec. 70-70(g)(f) and Sec. 70-70(hilg), all as acceptable
to the city attorney, signed by all renters of
motorized means of transportation devices. The combined signed documents
shall be made available for inspection by the city at any time during business
hours. lf the renter is under the age of 18, his or her parent or legal guardian
must sign the combined release, end hold harmless agreement, and
acknowledgements;
(e) Lease, rent, or use electric personal assistive mobility devices;
(1) only for tours;
(2) tours shall only be conducted between sunrise and sunset and not during
inclement weather;
(3) tours shall be limited to eight (8) tour customers and one (1) employee
tour leader; and
(4) the tour leader a) must accompany each tour and shall be experienced in
the safe use and operation of electric personal assistive mobility devices
and b) shall wear a shirt with the name of the person or business entity
that is conducting the tour, which name shall be in lettering at least 4" in
height on the front and back of the shirt.
CI (g) Lease, rent or provide tours on electric personal assistive mobility devices only to
persons that weigh 100 or more pounds and all persons under the age of 16 on a
tour must wear a bicycle helmet in accordance with F.S. S316.2068, as may be
amended;
(g[h) Provide training as to the safe operation of
motorized means of transportation 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 device;
522
(h)(i) Provide each renter of a motorized means of
transportation devices with a City approved summary of Sections 70-66 through
70-71 of the City Code and the City's map of prohibited areas of operation;
(iXD Display a copy of Division 2 of Article ll of Chapter 70 of the City Code, and a
copy of the City's map of prohibited areas of operation, in a conspicuous place at
the location where the motorized means of
transportation devices are leased or rented.;
0) Not lease, rent or provide tours on motorized
means of transportation devices that:
(1) are, or are suspected to be, unsafe for use,
(2) not set to a maximum speed of 8 mph; and/or
(3) have a trailer or any other passengers, or towed objects or persons;
(k) fl) Not lease, rent or provide tours to persons who:
(1) are believed to be intoxicated or under the influence of any
drug or substance that impairs the operator's ability to
operate the motorized
means of transportation device;
(2) act with reckless disregard or indifference to the safety of
others; and/or
(3) are incompetentto operate@ive
mebility a motorized means of transportation device;
(l) (m) Promptly report any accidents involving leased or rented ele€tri€--pe+s€na{
assb+ive-meg+W motorized means of transportation devices to the Miami Beach
Police Department and Miami Beach Fire Rescue;
(m) (c) Securely affix the name 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; and
(n)(e) Comply with all administrative rules that may be established by the city regardingrentals,leaSeS,tourS,andthesafeoperationof@ive
m€bility motorized means of transoortation devices.
SECTION 2. REPEALER.
That all ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
523
SECTION 3. SEVERABILIW.
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 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 2015.
PASSED AND ADOPTED this _ day of
ATTEST:
Rafael E. Granado, City Clerk
Underline denotes additions
S+i*e+nreughs d e notes de letio ns
(Sponsored by Commissioner Jonah Wolfson)
2015.
Philip Levine, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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