HomeMy WebLinkAboutBIE - Regulation of Micromobility Devices (6/3/2026)City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO: Mayor Steven Meiner and Members of the City Commission
FROM: Eric Carpenter, City Manager
MEETING DATE: June 24, 2026
SUBJECT: BUSINESS IMPACT ESTIMATE FOR:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 70 OF THE CITY CODE, 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 BICYCLES, MOPEDS,
MOTORCYCLES, MOTORIZED BICYCLES, AND MOTORIZED SCOOTERS,” BY AMENDING
SECTION 70-66 THEREOF, ENTITLED “DEFINITIONS,” BY CREATING AND AMENDING
CERTAIN TERMS THEREIN; AND BY AMENDING SECTION 70-71 THEREOF, ENTITLED
“ENFORCEMENT, PENALTIES,” BY AMENDING AND PROVIDING FOR ADDITIONAL
PENALTIES THEREIN; AND BY CREATING SECTION 70-73 THEREOF, ENTITLED
“RESPONSIBILITIES OF MICROMOBILITY DEVICE OPERATORS,” TO ESTABLISH
CERTAIN REQUIREMENTS APPLICABLE TO MICROMOBILITY DEVICE OPERATORS; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?
☑Yes ☐No (If no, please check one of the boxes below)
If one or more boxes are checked below, this means the City of Miami Beach has
determined that a Business Impact Estimate for the above-referenced Ordinance is not
required by State law.
☐The proposed Ordinance is required for compliance with Federal or State law or
regulation;☐The proposed Ordinance relates to the issuance or refinancing of debt;☐The proposed Ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;☐The proposed Ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the City;☐The proposed Ordinance is an emergency ordinance;☐The Ordinance relates to procurement; or☐The proposed Ordinance is enacted to implement the following:
a.Private applications for comprehensive plan amendments and land
development regulation amendments;
b.Development orders, development permits, and development agreements;
Docusign Envelope ID: 9F7EA5A1-BEA3-8C06-8038-673640FE8CC7
Business Impact Estimate
Page 2
c. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
If none of the above exceptions apply, this Business Impact Estimate is hereby provided
in accordance with Section 166.041(4), Florida Statutes.
1. A summary of the proposed Ordinance and its purpose is more fully set forth in the
Commission Memorandum accompanying the Ordinance, as well as in the recitals to the
Ordinance itself. The Commission Memorandum and Ordinance are attached hereto.
The Commission Memorandum and Ordinance, if amended on first reading, will be
available for public inspection on or before the commission meeting at:
https://www.miamibeachfl.gov/city-hall/city-clerk/agenda-archive-main-page-2/
2. The City of Miami Beach estimates that the proposed Ordinance will have no direct
economic impact on private, for-profit businesses in the City of Miami Beach; that the
proposed Ordinance will have no direct compliance costs that businesses may
reasonably incur; that the proposed Ordinance will not impose any new charge or fee for
which businesses will be financially responsible; and that the proposed Ordinance will not
impact the City of Miami Beach’s regulatory costs and will not generate any revenue from
new charges or fees.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The City of Miami Beach estimates that no businesses are likely to be impacted by the
proposed Ordinance.
4. Additional comments:
Docusign Envelope ID: 9F7EA5A1-BEA3-8C06-8038-673640FE8CC7
Ordinances - R5 AA
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:City Attorney Ricardo J. Dopico
DATE:May 20, 2026 10:50 a.m. First Reading Public Hearing
TITLE:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE CITY CODE,
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 BICYCLES, MOPEDS,
MOTORCYCLES, MOTORIZED BICYCLES, AND MOTORIZED SCOOTERS,” BY
AMENDING SECTION 70-66 THEREOF, ENTITLED “DEFINITIONS,” BY
CREATING AND AMENDING CERTAIN TERMS THEREIN; AND BY AMENDING
SECTION 70-71 THEREOF, ENTITLED “ENFORCEMENT, PENALTIES,” BY
AMENDING AND PROVIDING FOR ADDITIONAL PENALTIES THEREIN; AND BY
CREATING SECTION 70-73 THEREOF, ENTITLED “RESPONSIBILITIES OF
MICROMOBILITY DEVICE OPERATORS,” TO ESTABLISH CERTAIN
REQUIREMENTS APPLICABLE TO MICROMOBILITY DEVICE OPERATORS;
AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The proposed Ordinance, sponsored by Commissioner Tanya K. Bhatt, has been submitted for
consideration by the Mayor and City Commission.
Micromobility devices, including electric bicycles and motorized scooters, have become
increasingly popular across the United States, the State of Florida, and within the City of Miami
Beach (“City”), as residents and visitors utilize these devices for short-distance transportation and
recreation.
As such, in 2025, the Florida Legislature amended Florida Statute § 316.2128, to provide
municipalities with greater authority to regulate micromobility devices on their public rights-of-way.
Also, in 2026, the Florida Legislature amended Florida Statute § 316.20655, to establish
additional regulations governing persons operating electric bicycles, and to create a Micromobility
Device Safety Task Force to examine and recommend improvements to State law and the
regulatory framework governing micromobility devices in Florida. This is significant because
national safety data indicates that injuries associated with micromobility devices have increased
as their use has expanded, and municipalities throughout the country have begun adopting
Docusign Envelope ID: 9F7EA5A1-BEA3-8C06-8038-673640FE8CC7
9
7
6
3
reasonable safety regulations governing their operation in order to reduce accidents and protect
the public.
Accordingly, the proposed Ordinance would codify certain important safety regulations applicable
to operators of micromobility devices, in order to further promote the safety and welfare of such
operators, pedestrians, and motorists and ensure the safe and orderly use of the City’s streets
and public rights of-way.
FISCAL IMPACT STATEMENT
None.
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
Is this a “Residents Right to Know” item,
pursuant to City Code Section 2-17?
Is this item related to a G.O. Bond
Project?
No 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
If so, specify the name of lobbyist(s) and principal(s):
Department
City Attorney
Sponsor(s)
Commissioner Tanya K. Bhatt
Co-sponsor(s)
Docusign Envelope ID: 9F7EA5A1-BEA3-8C06-8038-673640FE8CC7
9
7
6
3
Condensed Title
NR- 10:50 a.m. 1st Rdg, Regulation of Micromobility Devices. (Bhatt) CA
Previous Action (For City Clerk Use Only)
Not reached on 4/22/2026 - R5 AC; Continued from 3/18/2026 - R5 Z
Docusign Envelope ID: 9F7EA5A1-BEA3-8C06-8038-673640FE8CC7
ORDINANCE NO.---
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,AMENDING CHAPTER 70 OF THE CITY CODE,
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 BICYCLES,MOPEDS,
MOTORCYCLES,MOTORIZED BICYCLES,AND MOTORIZED SCOOTERS,"BY
AMENDING SECTION 70-66 THEREOF,ENTITLED "DEFINITIONS,"BY
CREATING AND AMENDING CERTAIN TERMS THEREIN;AND BY AMENDING
SECTION 70-71 THEREOF,ENTITLED "ENFORCEMENT,PENAL TIES,"BY
AMENDING AND PROVIDING FOR ADDITIONAL PENALTIES THEREIN;AND BY
CREATING SECTION 70-73 THEREOF,ENTITLED "RESPONSIBILITIES OF
MICROMOBILITY DEVICE OPERATORS,"TO ESTABLISH CERTAIN
REQUIREMENTS APPLICABLE TO MICROMOBILITY DEVICE OPERATORS;AND
PROVIDING FOR REPEALER,SEVERABILITY,CODIFICATION,AND AN
EFFECTIVE DATE.
WHEREAS,the Mayor and City Commission find it in the best interest of the public health,
safety,and welfare to regulate the operation of micromobility devices within City rights-of-way;and
WHEREAS,micromobility devices,including electric bicycles and motorized scooters,have
become increasingly popular across the United States and within the City of Miami Beach ("City")as
residents and visitors utilize these devices for short-distance transportation and recreation;and
WHEREAS,in 2025,the Florida Legislature amended Florida Statute§316.2128,to provide
municipalities with greater authority to regulate micromobility devices on their rights-of-way;and
WHEREAS,in 2026,the Florida Legislature amended Florida Statute §316.20655,to
establish additional regulations pertaining to persons operating electric bicycles,and create a
Micromobility Device Safety Task Force to examine and recommend improvements to State law and
the regulatory framework governing micromobility devices in Florida;and
WHEREAS,national safety data indicates that injuries associated with micromobility devices
have increased as their use has expanded,and municipalities throughout the country have begun
adopting reasonable safety regulations governing their operation in order to reduce accidents and
protect the public;and
WHEREAS,the City is a dense,bustling community that experiences significant volumes of
residents and visitors traveling on its streets and pubic rights-of-way,and the Mayor and City
Commission find that establishing safety regulations applicable to operators of micromobility devices
is necessary to promote the safety and welfare of such operators,pedestrians,and motorists and to
ensure the safe and orderly use of the City's streets and public rights-of-way.
NOW,THEREFORE,BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH,FLORIDA,AS FOLLOWS:
SECTION 1.That Section 70-66 of Division 2 of Article II of Chapter 70 of the Miami Beach City
Code is hereby amended as follows:
Docusign Envelope ID: 9F7EA5A1-BEA3-8C06-8038-673640FE8CC7
CHAPTER 70
MISCELLANEOUS OFFENSES
k $$
ARTICLE 11.PUBLIC PLACES
k %k
DIVISION 2.BICYCLING,SKATEBOARDING,ROLLER SKATING,IN-LINE SKATING,
MOTORIZED MEANS OF TRANSPORTATION,ELECTRIC BICYCLES,MOPEDS,
MOTORCYCLES,MOTORIZED BICYCLES,AND MOTORIZED SCOOTERS
k $k
Sec.70-66.Definitions.
The following definitions are applicable to this division:
Autocycle means a three-wheeled motorcycle that has two wheels in the front and one wheel
in the back;is equipped with a roll cage or roll hoops,a seat belt for each occupant,antilock brakes
that meet the requirements of Federal Motor Safety Vehicle Standard No.122,a steering wheel
mechanism,and seating that does not require the operator to straddle or sit astride it;and is
manufactured in accordance with the applicable federal motorcycle safety standards in 49 C.F.R.part
571 by a manufacturer registered with the National Highway Traffic Safety Administration.
Baywalk means the public pathway on the west side of the city that is adjacent and roughly
parallel to Biscayne Bay,and that runs between the south side of the Collins Canal and the north end
of the MacArthur Causeway,including both the segments that have already been constructed and
any additional segments that may be constructed in the future.
Beachwalk means the continuous public pathway on the east side of the city that is adjacent
and roughly parallel to the Atlantic Ocean,and that runs continuously between the city's northern limit
(at approximately 87th Terrace)and 15th Street,and south of 5th Street to the South Pointe Park
Pier.
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 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.
Code compliance officer means a code inspector as defined in section 30-3 of the city Code
and,for purposes of this division shall include without limitation police officers and park rangers.
2
Docusign Envelope ID: 9F7EA5A1-BEA3-8C06-8038-673640FE8CC7
Electric bicycle means a bicycle propelled by an electric motor,having two tandem wheels,
and including any device generally recognized as an electric bicycle though equipped with two front
or two rear wheels.a bicycle or tricycle equipped with fully operable pedals,a seat or saddle for the
use of the rider,and an electric motor of less than 750 watts which meets the requirements of one of
the following three classifications:
(1)"Class 1 electric bicycle"means an electric bicycle equipped with a motor that provides
assistance only when the rider is pedaling and that ceases to provide assistance when
the electric bicycle reaches the speed of 20 miles per hour.
(2)"Class 2 electric bicycle"means an electric bicycle equipped with a motor that may be
used exclusively to propel the electric bicycle and that ceases to provide assistance when
the electric bicycle reaches the speed of 20 miles per hour.
(3)"Class 3 electric bicycle"means an electric bicycle equipped with a motor that provides
assistance only when the rider is pedaling and that ceases to provide assistance when
the electric bicycle reaches the speed of 28 miles per hour.
Electric personal assistive mobility device means any self-balancing,two non-tandem
wheeled device,designed to transport only one person,with an electric propulsion system with
average power of 750 watts (1_horsepower),the maximum speed of which,on a paved level surface
when powered solely by such a propulsion system while being ridden by an operator who weighs 170
pounds,is less than 20 miles per hour.Electric personal assistive mobility devices are not vehicles,
as such term is defined under State law.and includes the definition set forth in F.S.§316.003(83),
as may be amended.
Golf cart means a motor vehicle designed and manufactured for operation on a golf course
for sporting or recreational purposes.
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.
High impact periods means those periods of time as annually designated by the city manager
during which one or more of the following occur:
(1)There is a designated major event period;
(2)A maintenance of traffic plan is required (e.g.,including,but not limited to,street closures,
lane closures,shuttle service);
(3)Hotel occupancy levels are anticipated to be greater than 75 percent;
(4)Mutual aid or other assistance from outside agencies is required to provide for the safety
and well-being of residents and visitors to the destinations;or
(5)An event on public property 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.
3
Docusign Envelope ID: 9F7EA5A1-BEA3-8C06-8038-673640FE8CC7
Low-speed vehicle means any four-wheeled vehicle whose top speed is greater than 20 miles
per hour but not greater than 25 miles per hour including,but not limited to,neighborhood electric
vehicles.
Marina Baywalk means the public walkway on the west side of the city that is adjacent and
parallel to Biscayne Bay,and that runs between the south end of the MacArthur Causeway and the
south end of the Miami Beach Marina.
Micromobility device means a motorized transportation device designed for individual use
which is typically 20 to 36 inches in width and 50 pounds or less in weight and which operates at a
speed of typically less than 15 miles per hour but no more than 28 miles per hour.This term includes
both a human-powered and a nonhuman-powered device such as a bicycle,electric bicycle,
motorized scooter,or any other device that is owned by an individual or part of a shared fleet.
Moped means any vehicle with pedals to permit propulsion by human power,having a seat or
saddle for the use of the rider and designed to travel on not more than three wheels,with a motor
rated not in excess of two brake horsepower and not capable of propelling the vehicle at a speed
greater than 30 miles per hour on level ground and with a power-drive system that functions directly
or automatically without clutching or shifting gears by the operator after the drive system is engaged.
If an internal combustion engine is used,the displacement may not exceed 50 cubic centimeters.The
term does not include an electric bicycle.
Motorcycle means any motor vehicle having a seat or saddle for the use of the rider and
designed to travel on not more than three wheels in contact with the ground.The term includes an
autocycle,but does not include a tractor,a moped,an electric bicycle,or any vehicle in which the
operator is enclosed by a cabin unless it meets the requirements set forth by the National Highway
Traffic Safety Administration for a motorcycle.
Motorized means of transportation means of transportation means any devices or means of
transportation which are propelled other than solely by human power and includes,but is not limited
to,micromobility devices,electric personal assistive mobility devices,motorized skateboards,
motorized skates,and any other motorized device whether or not defined as a vehicle in F.S.§
316.003,as may be amended;but shall not include motorized devices and wheelchairs when used
by disabled persons.
Motorized bicycle means a bicycle propelled by a combination of human power and an electric
helper motor capable of propelling the vehicle at a speed of not more than 20 miles per hour on level
ground,having two tandem wheels,and including any device generally recognized as a motorized
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 to its highest
position or a scooter or similar device.
Motorized scooter means any vehicle or micromobility device that is powered by a motor with
or without a seat or saddle for the use of the rider,which is designed to travel on not more than three
wheels,and which is not capable of propelling the vehicle at a speed greater than 20 miles per hour
on level ground.The term does not include an electric bicycle,or motorized bicycle.
Rail sliding means an activity 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.
4
Docusign Envelope ID: 9F7EA5A1-BEA3-8C06-8038-673640FE8CC7
South Pointe Park Cutwalk means the public walkway on the southern end of the city that
runs adjacent and parallel to Government Cut,and that runs between the south end of the Miami
Beach Marina and the South Pointe Park Pier.
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.
%¥%
SECTION 2.That Section 70-71 of the City Code shall be amended as follows,and as hereinafter
set forth below:
Sec.70-71.Enforcement,penalties.
(a)A violation of the provisions in subsections 70-67 and 70-69(a)and (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.§316.655,as may be amended.
(b)A violation of the provisions in section 70-73 by persons operating micromobility devices 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.$316.655,as may be amended.
(c)A violation of the provisions in sections 70-69(b),(d),or (e);70-70;70-70.1;or 70-70.2 shall be
enforced by a code compliance officer (which,as defined in section 70-66,includes a police
officer)in accordance with the following procedures and penalties:
(1)If 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 days after service of the notice of violation,and that
failure to do so shall constitute an admission of the violation and waiver of the right to a
hearing.
(2)A violator who has been served with a notice of violation shall elect either to:
a.Pay the civil-fine as follows for violations of sections 70-69(b),(d),and (e):
(i)First offense:$100.00;
(ii)Second offense:$250.00;
(iii)Third offense:$500.00;
(iv)Fourth and subsequent offenses:$1,000.00;
b.Pay the civil fine as follows for violations of subsections 70-70(a)and (c)-(n);
and 70-70.2:
(i)First offense:$250.00;
(ii)Second offense:$500.00;
5
Docusign Envelope ID: 9F7EA5A1-BEA3-8C06-8038-673640FE8CC7
(iii)Third offense:$1,000.00;
(iv)Fourth and subsequent offenses:$2,000.00;
c.Pay the civil fine as follow for violations of subsection 70-70(b):
(i)First offense:$1,000.00;
(ii)Second offense:$2,500.00;
(iii)Third and subsequent offenses;$5,000.00;or
d.Pay the civil fine and subject violator to such enhanced penalties as follows for
violations of section 70-70.1 (a)-(d):
(i)First offense:$500.00;
(ii)Second offense within the preceding 12 months:$750.00;
(iii)Third offense within the preceding 12 months:$1,500.00 and suspension of
the business tax receipt for one week (seven days);
(iv)Fourth offense within the preceding 12 months:$3,000.00 and revocation of
the business tax receipt and certificate of use;
e.Pay the civil fine and subject violator to such enhanced penalties as follows for
violations of subsection 70-70.1 (e ):
(i)First offense:$100.00;
(ii)Second offense:$250.00;
(iii)Third and subsequent offenses:The violator shall be subject to the penalties
provided for in section 1-14 of the Code;
f.Request an administrative hearing within ten days before a special magistrate
appointed as provided in article II of chapter 30 to appeal the decision of the code
compliance officer which resulted in the issuance of the notice of violation.If the
offense is a violation of subsection 70-70(b),the operation of the business must
cease until the required insurance is obtained.
(3)If the offense is a fourth or subsequent offense of subsection 70-69(b),(d),or (e);
subsections 70-70(a)or (c)-(n);or section 70-70.2,it shall also be considered an habitual
offender offense and,in addition to the penalty set forth in subsections 70-71(b)(2)a(iv)
and 70-71(b)(2)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.
(4)If the named violator,after notice,fails to pay the civil fine or fails to timely request an
administrative hearing before a special magistrate,the special magistrate 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 magistrate.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
magistrate shall be prohibited from hearing the merits of the notice of violation or
6
Docusign Envelope ID: 9F7EA5A1-BEA3-8C06-8038-673640FE8CC7
consideration of the timeliness of the request for an administrative hearing if the violator
has failed to request an administrative hearing within ten days of the issuance of the notice
of violation.
(5)Any party aggrieved by the decision of the special magistrate may appeal the decision in
accordance with law.
(6)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.
(8)The procedures for appeal of the notice of violation by administrative hearing shall be
as set forth in sections 30-72 and 30-73.
7
Docusign Envelope ID: 9F7EA5A1-BEA3-8C06-8038-673640FE8CC7
(Strikethrough -To Be Deleted)
Atlantia Gr@onway otwok-Coastal.Eatb4as
Leg end
atatPath way Typervp
s1Aru
••ct.ta.'rrr»ms
ta
.'J ••
·.L/1.
t s re'.+-__.._,,..,_::'-.,...,.,,.---·.-'
Dae.tt.AL«,iu-1","·++r
Dea 24t%toe
Nprreref u,4u
(Strikethrough -To Be Deleted)
ate 02/28/2012
$%¥
SECTION 3.That Section 70-73 of the City Code shall be created as follows,and as hereinafter set
forth below:
Sec.70-73.-Responsibilities of persons operating micromobility devices.
(ill Micromobility device operators shall have and utilize the following safety equipment at all times
while operating such device on any public right-of-way.
8
Docusign Envelope ID: 9F7EA5A1-BEA3-8C06-8038-673640FE8CC7
ill A lamp exhibiting a white light visible from a distance of at least 500 to the front,and a
lamp and reflector exhibiting a red light visible from a distance of at least 600 feet to the
rear,when operated from sunset to sunrise.
(2)Operators and passengers under the age of 16 must wear a bicycle helmet that is properly
fitted and fastened securely upon such person's head by a strap and that meets the federal
safety standard for bicycle helmets,final rule,16 C.F.R.part 1203.
(3)Functioning brakes capable of stopping the device within 25 feet from a speed of 10 miles
per hour on dry,level,clean pavement.
(b)A micromobility device may not be used to carry more persons at one time than the number for
which it is designed or equipped.However,this restriction shall not be construed to prohibit
attaching a trailer or semitrailer to a micromobility device if that trailer or semitrailer is
commercially available and has been designed for such attachment.
ill For purposes of this subsection,"designed or equipped"shall include,but not be limited
to,consideration of the following factors:manufacturer designations and specifications,
extra seats,extra handlebars,total weight capacity,deck length,deck width,and
additional footpegs.
SECTION 4.REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 5.SEVERABILITY.
If any section,sentence,clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction,then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
SECTION 6.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 7.EFFECTIVE DATE.
This Ordinance provides that the amendment to Section 70-66 shall take effect ten (10)days
after the date of its passage and adoption,and that all remaining provisions shall take effect one (1)
year after the date of passage and adoption.
9
Docusign Envelope ID: 9F7EA5A1-BEA3-8C06-8038-673640FE8CC7
ATTEST:
Rafael E.Granado,City Clerk
Underline denotes additions.
Strikethrough denotes deletions.
(Sponsored by Commissioner Tanya K.Bhatt)
10
Steven Meiner,Mayor
APPROVED AS TOFORM&LANGUAGE
&FOR EXECUTION
9ds:ill»a ww o o d'
Docusign Envelope ID: 9F7EA5A1-BEA3-8C06-8038-673640FE8CC7