HomeMy WebLinkAboutOrdinance 2026-4797ORDINANCE NO. 2026-4797
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE
CODE OF THE CITY OF MIAMI BEACH, ENTITLED "MISCELLANEOUS
OFFENSES," BY AMENDING ARTICLE II, ENTITLED "PUBLIC
PLACES," BY AMENDING DIVISION 2, ENTITLED "BICYCLING,
SKATEBOARDING, ROLLER SKATING, IN -LINE SKATING,
MOTORIZED MEANS OF TRANSPORTATION, ELECTRIC BICYCLING,
MOPEDS, MOTORCYCLES, MOTORIZED BICYCLES, AND
MOTORIZED SCOOTERS," BY CREATING SECTION 70-73, TO BE
ENTITLED "SAFE OPERATION OF PERSONAL DELIVERY DEVICES
AND MOBILE CARRIERS," TO IMPOSE ADDITIONAL LOCAL SAFETY
REQUIREMENTS CONSISTENT WITH STATE LAW; AND PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, Section 316.2071, Florida Statutes, authorizes the operation of personal
delivery devices (PDDs) and mobile carriers on sidewalks and crosswalks, but expressly permits
local governments to impose additional regulations related to their safe operation; and
WHEREAS, the City of Miami Beach is a densely populated coastal community with
narrow sidewalks, heavy pedestrian traffic, and unique public safety and mobility concerns; and
WHEREAS, the operation of personal delivery devices and mobile carriers has raised
concerns from residents and visitors regarding sidewalk obstructions, tripping hazards, and visual
distractions; and
WHEREAS, the City Commission finds it necessary to ensure that these devices operate
in a manner that is highly visible, predictable, non -distracting, and actively monitored in order to
safeguard public safety; and
WHEREAS, the City has received reports of near -misses involving these devices on
sidewalks and seeks to minimize risk and liability while allowing for their continued use under
clearly defined safety parameters; and
WHEREAS, the City Commission desires to adopt reasonable regulations that require
enhanced visibility measures, active monitoring, adequate insurance, and proper documentation
from operators; and
WHEREAS, the Mayor and City Commission find that these regulations are in the best
interests of public health, safety, and welfare by advancing the City's legitimate interest in
protecting safety, aesthetics, and sidewalk and crosswalk management.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Division 2 of Article II of Chapter 70 of the Code of the City of Miami Beach is
hereby amended as follows:
CHAPTER 70. MISCELLANEOUS OFFENSES
ARTICLE II. Public Places
DIVISION 2. Bicycling, Skateboarding, Roller Skating, In -Line Skating, Motorized Means
Of Transportation, Electric Bicycles, Mopeds, Motorcycles, Motorized Bicycles, And
Motorized Scooters, Personal
Delivery Devices and Mobile Carriers
Sec. 70-73. Safe operation of personal delivery devices and mobile carriers.
(a) Definitions. For the purposes of this section, the terms "personal delivery device" and "mobile
carrier" shall have the meanings provided in Section 316.003, Florida Statutes. As used in this
section, the term "devices" shall be deemed to include both personal delivery devices and mobile
carriers.
(b) Visibility Enhancements Required.
(1) All personal delivery devices and mobile carriers operating on public sidewalks or
crosswalks must be equipped with a vertical safety flag or pennant mounted at least 36
inches above the top of the device to increase visibilitv to pedestrians.
(2) All such devices must emit a periodic audible sound (e.g., beeping) when in motion,
sufficient to alert nearby pedestrians of their presence.
(3) Devices must be equipped with forward- and rear -facing lights or reflectors that are clearl
visible from a distance of at least 100 feet durina low-liaht conditions.
(4) Devices may not display any commercial advertisement except for the name of the owner
of the device displayed once on the front, rear, and each side of each device and on the
flag or pennant required pursuant to subsection (bN1)of this section.
(c) Active Monitoring Documentation. Prior to operating within City limits, the operator of any
personal delivery device shall file with the City Manager or designee:
(1) Documentation satisfactory to the City that the operator maintains active control or
monitoring of the devices in compliance with Section 316.2071(3)(b), Florida Statutes.
(2) A 24-hour operator contact number.
(d) Insurance and Liability Requirements.
(1) Operators must submit annually to the City a certificate of insurance demonstrating general
liability coverage of not less than $100 000 per occurrence, naming the City of Miami
Beach as an additional insured and waiving rights of subrogation against the City.
(2) Operators must execute a hold harmless and indemnification agreement in favor of the
City.
(e) Operational Restrictions.
(1) Devices must comply with all requirements set forth in Section 316.2071, Florida Statutes.
(2) Devices shall not obstruct pedestrian movement or impede access to buildings, ADA
ramps, fire hydrants, transit stops, or public infrastructure.
(3) Devices must yield the right-of-way to all pedestrians at all times and may not exceed a
maximum speed of six (6) miles per hour on sidewalks or ten (10) miles per hour on
crosswalks.
(4) No device may remain idle or stationary on a public sidewalk for longer than thfee=(34 thirty
(30) consecutive minutes unless enaaaed in active delivery or retrieval.
(5) No device shall operate on any City Beachwalk or Baywalk.
(f) Permit Required.
(1) No person or entity shall operate a personal delivery device or mobile carrier within the
City without first registering with the City and receiving an annual Personal Delivery Device
("PDD") Operation Permit pursuant to procedures set forth by the City Manager or his or
her designee. The total cost of the PDD Operation Permit shall be $100 per device to be
utilized at anyone time in the city.
(2) The City Manager or designee may deny, suspend, or revoke a permit for noncompliance
with this section.
(g) Enforcement and Penalties.
Aerators of devices regulated pursuant to this section shall have an initial six (6) month period
after its effective date to comply with its provisions.
Violations of this section after the initial six (6) month grace period shall be subject to
enforcement pursuant to Chapter 30 of this Code and may result in fines, impoundment of the
device, or suspension of the operator's City -issued permit.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or 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 Miami
Beach City Code. 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 IS' day of rC a�' 2026.
PASSED AND ADOPTED this 3" day of Ft4r44ry 2026.
ATTEST:
Steven Meiner, Mayor
MAR 0 3 2026
Z/
Rafael It. Granado, City Clerk
Underline denotes additions
StFikethrouo denotes deletions
Double underline denotes additions on second reading
(Sponsored by Commissioner Tanya Bhatt)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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City Attorney RW
Date
Ordinances - R5 H
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: February 5, 2026 9:45 a.m. Second Reading Public Hearing
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 II, ENTITLED "PUBLIC PLACES," BY AMENDING DIVISION 2, ENTITLED
"BICYCLING, SKATEBOARDING, ROLLER SKATING, IN -LINE SKATING,
MOTORIZED MEANS OF TRANSPORTATION, ELECTRIC BICYCLING, MOPEDS,
MOTORCYCLES, MOTORIZED BICYCLES, AND MOTORIZED SCOOTERS," BY
CREATING SECTION 70-73, TO BE ENTITLED "SAFE OPERATION OF
PERSONAL DELIVERY DEVICES AND MOBILE CARRIERS," TO IMPOSE
ADDITIONAL LOCAL SAFETY REQUIREMENTS CONSISTENT WITH STATE
LAW; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The attached proposed ordinance is presented at the request of the sponsor, Commissioner
Kristen Rosen Gonzalez.
Section 316.2071, Florida Statutes, authorizes the operation of personal delivery devices (PDDs)
and mobile carriers on sidewalks and crosswalks, but expressly permits local governments to
impose additional regulations related to their safe operation.
The City of Miami Beach is a densely populated coastal community with narrow sidewalks, heavy
pedestrian traffic, and unique public safety and mobility concerns.
The operation of personal delivery devices and mobile carriers has raised concerns from residents
and visitors regarding sidewalk obstructions, tripping hazards, and visual distractions.
The City Commission finds it necessary to ensure that these devices operate in a manner that is
highly visible, predictable, and actively monitored in order to safeguard public safety.
The City has received reports of near -misses involving these devices on sidewalks and seeks to
minimize risk and liability while allowing for their continued use under clearly defined safety
parameters.
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If adopted, the proposed ordinance would impose reasonable regulations that require enhanced
visibility measures, active monitoring, adequate insurance, and proper documentation from
operators of PDD and mobile carriers on City sidewalks and crosswalks.
SECOND READING AMENDMENTS
Between first and second reading, this proposed ordinance was sponsored for second reading by
Commissioner Tanya K. Bhatt, after the original sponsor. Commissioner Kristen Rosen Gonzalez,
completed her term of service.
Between first and second reading, this proposed ordinance was amended by the sponsor to
reflect the following:
(1) Devices may not display commercial advertisements.
(2) Devices may operate at a maximum speed of eight (8) MPH on sidewalks and crosswalks
(raised from six (6) MPH).
(3) Devices may not remain stationary on a public sidewalk for more than thirty (30) minutes
(raised from three (3) minutes).
(4) Devices may not operate on any City Beachwalk or Baywalk.
(5) A six (6) month grace period was added before penalties may be assessed pursuant to
the proposed new ordinance.
FISCAL IMPACT STATEMENT
N, A
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on: 10/9/2025
See BIE at: https://www.iniamibeachfl._Qov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
City,mde
Is this a `Residents Right to Know" item,
pursuant to City Code Section 2-17?
No
Is this item related to a G.O. Bond
Project?
No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481
includes a principal engaged in lobbying? No
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If so, specify the name of lobbyist(s) and principal(s):
Department
City Attorney
Sponsor(s)
Commissioner Tanya K. Bhatt
Co-sponsors)
Condensed Title
9:45 a.m. 2nd Rdg, Safety Regulations for "Delivery Robots." (Bhatt) CA
Previous Action (For City Clerk Use Only)
Continued from 12/17/2025 - R5 I
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