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2008-3609 OrdinanceORDINANCE NO. 2008-3609 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 1(16 OF THE CITY CODE ENTITLED "TRAFFIC AND VEHICLES"; BY AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY AMENDING SECTION 106-1, ENTITLED "DEFINITIONS," BY AMENDING THE DEFINITIONS OF BICYCLE ANll BICYCLE PATH; BY AMENDING SECTION 10G-3, ENTITLED "VEHICLES PROHIBITED ON PORTION OF LINCOLN ROAD; EXCEPTIONS" BY PROHIBITING PEDICABS ON PORTIONS OF LINCOLN ROAD AND ON OCEAN DRIVE; BY CREATING ARTICLE VII, TO BE ENTITLED "PEDICABS," OF CHAPTER 106, ENTITLED "TRAFFIC AND VEHICLES," OF THE MIAMI BEACH CITY CODE TO PROVIDE REGULATIONS FOR PEDICABS BY CREATING SECTIONS 106-262 THROUGH ] 06-267 TO PROVIDE DEFINITIONS; BUSINESS TAX RECEIPT REQUIREMENTS; REGULATIONS REGARDING THE OPERATION OF PEDICABS; ENFORCEMENT PROVISIONS; AND FINES AND PENALTIES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City Commission finds that pedicabs have become an increasingly popular form of non-motorized transportation and entertainment for-hire in tourist destinations; and WHEREAS, the City Commission finds it desirable to permit alternative forms of non- motorized transportation in the City, such as pedicabs, subject to regulations to address their safe use upon certain public streets in the City; and WHEREAS, the City Commission finds it is necessary to regulate pedicabs and pedicab operators in order to protect the health, safety, and welfare of passengers and operators of pedicabs, pedestrians, and motor vehicle drivers and their passengers; and WHEREAS, pursuant to Section 316.008 of the Florida Statutes, local govermnents are authorized to prohibit and 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 WHEREAS, pursuant to Florida caselaw and home rule powers, the City is also authorized to regulate and provide for the safe use of its sidewalks; and WHEREAS, the City Commission specif cally finds that, due to the hazards associated with pedicabs due to their size, and the nature of their service which involves the loading and unloading of passengers on streets intended for vehicular traffic, many of which are ah•eady congested, heavily traveled, and/or narrow, pedicabs pose a threat to the health, safety, and welfare of pedestrians, disabled persons, passengers and drivers of pedicabs, as well as to the passengers and drivers of motorized vehicles; and WHEREAS, Lincoln Road between Washington Avenue and Alton Road is a unique pedestrian and tourist destination within the City of Miami >3each characterized by outdoor cafes, shops, street vendors, and performance artists; and WHEREAS, the presence of pedicabs on Lincoln Road constitutes a tlu•eat to the public health, welfare and safety of the residents and visitors who seek to stroll, ride a bike or other approved device, along this pedestrian-friendly venue in order to enjoy the amenities and ambiance of Lincoln Road; and WHEREAS, pedicabs, which include a driver plus up to the number of authorized passengers side by side on an attached bench seat, are approximately double the width of a two- wheeled bicycle, and are incompatible with the normal and safe flow of pedestrian and bicycle traffic, and the use of wheelchairs and other devises used by disabled persons on Lincoln Road, and on sidewalks and other pedestrian walkways, boardwalks, baywalks, cutwalks, greenways, and other pedestrian and recreational corridors in the City; and WHEREAS, the hazards presented by pedicabs exist on all sidewalks and on heavily traveled streets in the City and, therefore, a prohibition on the operation of pedicabs thereon is necessary to ensure the health, safety, and welfare of the public; and WHEREAS, due to the City Commission's concern for the health, safety and welfare of residents and visitors of the City, the regulations for the operation of pedicabs and the application and insurance requirements set forth in this Ordinance address, inter alia, the safe operation of pedicabs and seek to ensure the accountability of pedicab operators and drivers. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Article I of Chapter 106 of the Miami Bcach City Code entitled "Traffic and Vehicles" is hereby amended as follows: CHAPTER 10( TRAFFIC AND VEHICLES ~: * ~: ARTICLE I. IN GENERAL ~: 2 Sec. 1(16-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: ~: ~~ a~ Bicycle means every vehicle propelled solely by human power, and every motorized bicycle propelled by a combination of human power and an electric helper motor rated at not more than 200 watts and capable of propelling the vehicle at a speed of not more than ten miles per hour on level ground upon which any person may ride, having two tandem wheels, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels. The term bicycle shall not include pedicabs as defined in section 106-462 of the city Code. 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. Bicycle path means any road, path, lane or way that is open to bicycle travel, which road, path, lane, or way is physically separated from motorized vehicular traffic by an open space,pavement markings, or by a barrier and is located either within the highway right-of--way or within an independent right-of--way. Bicycle paths are not intended for, nor are to be used by, pedicabs. Pedest~~ian means any person afoot. Vehicle means every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. Sec. 106-3. Vehicles and pedicabs prohibited on portion of Lincoln Road; and exceptions:,; redicabs prohibited on Ocean Drive. That portion of Lincoln Road lying west of the westerly line of Washington Avenue to the easterly line of r ~ ^ ~~°~"'° Alton Road is limited to bicycle and pedestrian traffic;-a-x~ and no pedicabs shall be permitted thereon. hl addition, no vehicles shall be permitted thereon except at its intersections with Drexel Avenue, Pennsylvania Avenue, Meridian Avenue, Jefferson Avenue, Michigan Avenue, and Lenox Avenue. This restriction shall not apply to fire, police, or maintenance vehicles operated by the city. pedicabs are prohibited on Ocean Drive. SECTION 2. That Article X, to be entitled "Pedicabs," of Chapter 106, entitled "Traffc and Vehicles," of the Miami Beach city Code is hereby created as follows: CHAPTER 106 TRAFFIC AND VEHICLES ARTICLE ~ X. I'EDICABS Sec. l Ofi-3462. llefinitions. The following words terms and~hrases when used in this Article, ,shall have the meanings ascribed to them in this section except where the content clearly indicates a different meaning. Bicycle is defined in sec. 106-1. Dai°kness is defined as any time from one-half hour after sunset to one-half hour before sunrise and anytime when visibility is not sufficient to render clearly discernible any person or vehicle on the hi~;hway at a distance of 1000 feet. Decal is defined as the numbered decal issued by the city to a pedicab ownef~ for display on the pedicab to indicate that the pedicab is permitted to operate. O~~ner is defined as any person en~a~ed in business as the owner, operator or proprietor of a pedicab requiring a business tax receipt under this article. pedicab is defined as a device that has three (3} or more wheels that transports, or is capable of transporting passenners on seats attached to the device, that is propelled solely by human power and that is used for transporting, passen~,ers "for hire " including for tips or any other forms of compensation or barter regardless of whether a passenger is being transported. pedicab Driver is defined as every individual who drives or propels a pedicab as defined herein within thecity. Person is defined as a natural individual, firm, trust. partnership, association, or corporation, in his/her or its own capacity or as administrator. conservator, executor, trustee. receiver, or other representative appointed by a court. Whenever the word "person" is used in any section of this article prescribing_a penalty or fine as applied to partnershi~~s or associations the word shall include the partners (both ~~eneral and limited) or members or employees thereof who are responsible for any violation of said section and such word as applied to corporations shall include the officers agents. or employees thereof who are responsible for any violation of said section. Street is defined as andpublic street, avenue. road, boulevard. alley, lane, highway, sidewalk, public park viaduct or other public place located in the city a~1d established for the use of vehicles or bicycles. Sec. 1.06-3464. Business Tax Receipt. a) Requirement; decal. It shall be unlawful to operate any pedicab on any street within the city until the proper business tax receipt as set forth in Miami Beach city Code Chapter 102, has been issued by the finance department at which time a decal shall be furnished for each pedicab permitted pursuant to the business tax receipt issued. upon which decal shall be the words describing the kind of business tax receipt and the year for which the business tax receipt is paid ~d-tl3e~~;;~~o'^-~'^;/T~ cents and a decal number. Such decal shall be, at all times during the period for which the b) Number of pedicabs permitted per business tax receipt 1) Up to e-F-S~ ~"'Y..~'"~"~, ten (10)~edicabs shall be permitted for each pedicab business tax recei~tissued. 2) 3) If the number of applications for husiness tax receipts exceeds the maximum number or >° fG\ +1-~raa ('21 to ha icciinr~ }'iv Y}1P ~.itV ~111R11'1P..RC r~3x 1'P,Ce11~15 C}fall be 1sSUed t0 applications selected by an annual lottery conducted by the city's finance department. or involuntarily suspended or revoked during the fiscal year, otherwise any applications for available pedicab business tax receipts shall be considered on a first come first served basis. 4) In the event that fewer than ~~e-~5~ three 3) applications for business tax receipts are received by August 1S`, then any subsequent applications shall be considered on a first- corne first-served basis until such time as all ~e three (3~pedicab business tax receipts have been issued. c) Number of business taa receipts for pedicabs permitted per applicant d) Application The business tax receipt referred to in subsection (a) hereof shall be issued in accordance with Miami Beach city Code Chapter 102 and subject to the provisions of this article. 1) Applications for business tax receipts for pedicabs must be submitted to the finance (a) Name home and business address of the applicant and the name and address of the owner if other than the applicant of ever~pedicab to be used in the applicant's business. and~lace of incomeoration and if incorporated outside of the State of hlortda v<~hether or not it is qualified to do business withitl the State of Florida. If the applicant is a applicant is a partnership or other unincorporated association the names and addresses of each member whether active or inactive shall be set. forth and if one or more partners or or greater interest in the corporation shall also be stated. Evidence of re~,istration of a fictitious name or trade name, if any, under which the applicant proposes to do business. (c) A description of the proposed service to be provided by the applicant including the area of the city to be covered and times of operation. ~d) A description and photograph of each pedicab to be used in the operation of the business. The photograph shall accurately represent the vehicle in an operational mode. (e) A certificate of insurance as required by s~section 106-464(f) herein. (f) The proposed location of the business office for the pedicab operation and any other proposed business location. 2) a) Upon receipt and acceptance of a completed application for a business tax receipt, the Standards Institute standards. management, .the parking department, or any such other department as maw appropriate. Each department official shall evaluate the application for concerns as E}b) The department official shall report said recommendation regarding the application in writing to the director of the finance department. Should the application not receive the recommendation of the chief of police, the director of the department of public works or the director of the parking department, such recommendation. and the reasons for the recommendation, shall he provided to the finance department director and the application for a business tax receipt shall be denied, and no business tax receipt to operate the business shall be issued to the applicant. 3) Not later than 30 days after the fling of a completed application for a business tax receipt, the applicant shall be notified by the finance department regarding the decision on the issuance or denial of the business tax receipt, or eli ~ibility for a business tax receipt in the event a lottery is held pursuant to subsection (b) herein. If the business tax receipt is denied the applicant shall be provided with a statement of the reasons for denial. A denial may be appealed to the cit ~ n~la~lager or his designee within ten days of the issuance of the denial. Appeals from a decision of the city manager or the manager's designee shall be to the appellate division of the circuit court in accordance with the Rules of Appellate ProcedLU•e. 4) Business tax receipts are non-transferable and no responsibilities or authorizations thereunder shall be delegated to independent contractors. 5) Business tax receipts are not subject to automatic renewal and new applications must be submitted annually on or before August 1 s` for the following fiscal year. 6) Business tax receipts issued prior to July 26. 2008 shall expire on September 30, 2008 and are not subject to automatic renewal, (e) Denial, suspension, and revocation. Any business tax receipt issued hereunder may be denied. suspended or revoked in accordance with the procedures contained in Sections 102-372, 102-381, and 106-467(h) of the city Code in addition to the following reasons: 1) Fraud or misrepresentation contained in the application for the license. 2) The operator has failed to comply with any of the provisions of this article or has willfully or knowingly violated any such provision. ~) The operator has conducted the licensed business in such maiuler so as to create a public nuisance, or endan e~ r the public health, safety or welfare or, lalowingl unnecessarily, impede the flow of vehicular or pedestrian traff c. ~~ Insurance. For each pedicab there shall be maintained a policy or policies of liability insurance as set fo1•th in ~r4~-a~~~n city Code Section 42-3 with at least $500,000/$1.000.000 per occurrence liability coverage including medical payments coverage of $10,000 by an insurance company rated B+ VI or hi hg ei• by A.M. Best. The policy or policies shall specifically cover each and every pedicab authorized under a business tax receipt and any and all drivers of such pedicabs. The City of Miami Beach Risk Manager may modify insurance requirements as necessary due to changes/availability of coverage in the insurance market. A certificate of insurance indicating the ~~~ coverage amounts and the policy period must be on file in the finance department prior to issuance of a license. The certificate sl3a-~ must indicate that covera~,e extends *^ ^r'~°~~^~^~' through the licensing_period. Sec. 106-3465. Operations. (a) Pedicab decal required. It is unlawful to operate or drive any pedicab in the city ^~'"~~~^~~ '~°~^~ which does not have affixed to it a valid pedicab decal. (b) Pedicab ~,~r-s owners and drivers are subject to all applicable laws. Pedicab ~~ owners and drivers are subject to all applicable laves, rules, and regulations of the City of Miami Beach, Miami-Dade County, and the State of Florida ~z1°~~^~° ~'^~° pertaining to the operation of bicycles upon streets, except for those provisions that by their very nature can have no application. (c) Minimum axe of pedicab e#~er-n~e~s drivers. It is unlawful for any ~~ person under the age of eighteen (18) to operate a pedicab. (d) Driver's license requirement to operate a pedicab. It is unlawful for any ~~ person to operate any pedicab within the city without a valid motor vehicle driver's license recognized by Florida law. (e) Darkness restrictions. (1) It is unlawful for any person to operate, or cause to be operated, a pedicab during the hours of darkness, without abattery-operated headlight projecting a beam of white l~ht for a distance of X00 feet. (2) It is w11av~~fu1 for andperson to operate. or cause to be operated, a pedicab during the hours of darkness, without using batter~perated taillight mounted on the right and left, respectively, at the same level on the rear exterior of the passenger compartment. Taillights shall be red in color and plainly visible from all distances within 500 feet to the rear of the pedicab. (l~ Prohibitions. No pedicab driver or owner shall: (1) Operate, or sa~se allow to be operated, a pedicab in an unsafe condition or without the equipment required by this chapter: (2) Operate or c-~se allow to be operated, a pedicab which has a trailer or sidecar; the pedicab shall not exceed fifty-five (55) inches in width or ten (10) feet in length. ~3) Operate a pedicab in a manner that results in damage to public property; {4} Leave any pedicab unattended; (5} Store. park or leave andpedicab overnight on any street or sidewalk, or park in a regularly marked parking space; (6) Operate a pedicab in an area or at a time other than the ones approved by the city; (7) Have his/her pedicab in motion while anyone is standing or while anyone is sitting anywhere other than in the passenger seats thereof with a seatbelt engaged; '(8) Collect fares, make change, or take on or discharge passengers while the pedicab is in motion; (9) Operate any pedicab in such a maiu--er that would ~~ ieopardize the safety of the passengers transported therein; ~] 0) Operate a pedicab in such a way as to intentionall~rnpede automobile traffic or create a hazardous situation; (11) Park the pedicab in a manner so as to disrupt the flow of automobile traffic on public streets roads and thoroughfares or so as to impede the flow of pedestrian traffic; X12) Operate a pedicab in disregard of any traffic control device; (13) Operate a pedicab in disregard of applicable state traffic laws; (l 4) Execute a turn at other than a street intersection; X15) Obstruct vehicular and pedestrian traffic by umnecessarily weaving or changing lanes of travel; (16) berate maneuver incline min tilt tip slope or position a pedicab in any manner that would unnecessarily place passengers in any position other than seated upright• Raise drawbars of pedicab higher than the shoulders of the pedicab driver at any time passengers are being carried in the pedicab; (17) Operate a pedicab upon the sidewalk portion of a public right-of--way; 10 (l 8) Operate a~edicab in the wrong direction on a one-wati~~ street; (19) Broadcast or produce anv amplified music. voice or anv other audible transmissions in violation of the city's Noise Ordinance in Article IV of Chapter 46 the city Code; ~~0) Sell distribute. or solicit sales of pedicab rides or of anv products. includin~~ food or drink; ~~l) Display anv accessory lights in addition to the requirements stated herein; ~a) Pasaenaer seating requirements. (2) The pedicab shall be equipped to provide passengers under the ale of 16 with a helmet that meets the standards of the American National Standards Institute (ANSI) or the Snell Memorial Foundation. (~) The pedicab operator shall sanitize the inside of each helmet after each use. (2~) Operate a pedicab on a) any street that is designated in city Administrative Policy as heavily traveled b) any street that is classified as an arterial or collector roadway on the Federal Functional Classification Map maintained by the State of Florida Department (1 } The pedicab shall be equipped with seatbelts and~or a safety bar that must be en~aaed while transportin~passen~er(s). child of that ale or size and that secures and protects the child from the movmo parts of the pedicab. (h) Advertisement on pedicabs. There shall be no advertisement on pedicabs with the exception of the name of the pedicab operator telephone number address. des fare schedule, and hours of operation. (i) Pedicab operating zones. Pedicab ~'-~ owners and drivers may only provide service on the streets approved for pedicab use as Set forth in the city Code or as desicnated by City Administrative Policy. The City Manager may during special events or major events further limit areas where pedicabs may operate Upon written and/or verbal notification by the City Manager of a hurricane or other major weather event or the issuance of a hurricane warning by Miami-Dade County, whichever occurs first the business tax receipt holder shall within four (4) hours of same, cease operations, remove all pedicabs from all public streets and areas and secure all pedicabs indoors. (j) Pedicab equipment requirements. All pedicabs must meet the following equipment requirements Each pedicab eper~e~ owner shall maintain all pedicabs with a uniform appearance including consistency with company name color, and lobo on all pedicabs and shall also maintain all pedicabs in a clean condition for public use. (1) The pedicab shall be equipped with a batter ~~operated headlight capable of projecting a beam of white light for a distance of 300 feet. (2) The pedicab shall be equipped with battery operated taillights mounted on the right and left re~ectively at the same level on the rear exterior of the passenger compartment 'I'ailli~hts shall be red in color and plainly visible from all distances within 500 feet to the rear of the pedicab. ~3) The pedicab shall be equipped with side mounted rearview mirrors affixed to the right and left side of the bicycle so located as to reflect to the driver a view of the hibh~'aX for a distance of at least 200 feet to the rear of the pedicab. (4) The pedicab shall be equipped with turn si nag 1 lamps visible at 500' from the rear of the pedicab indicating right and left turns and which must be utilized when turning. (5) Each pedicab shall be equipped with an operational brake or brakes. ~) Slow moving vehicle reflective triangle on the rear of the vehicle or reflective tape which outlines the rear of the pedicab from edge to edge. (7) All equipment installed in the pedicab shall be secured to prevent movement during transit or in the event of a collision or overtunl. (8) All pedicabs will ~ominently display the City of Miami Beach's Customer Service/information telephone number. 12 (k) Fare schedule. pedicab epos owners and drivers shall post a fare schedule in a manner clearly visible to the public at all times while operating a pedicab. It is unlawful for andpedicab e~erater owner or driver to demand from a passenger a fare greater than the fare contained in the posted fare schedule. A11 fares must be based on a flat rate per block. Passenger loading/unloading; areas; parkin. A pedicab may be parked in a regularly marked commercial loading zone while waiting for passer Terms s A pedicab may be~arked in a regularly marked passenger loading zone only for the purpose of loading and unloading passengers. All applicable and/or posted commercial/passenger loading zone regulations shall apply.. Parking stoppin or standin in any area that is hosted and/or marked as safety zones for crosswalks fire hydrants taxicab stands sidewalks is not permitted. Sec. 106-3466. Enforcement by code inspectors; notice of violation; responsibility to provide current address. ~a} Notice of niolutiof~ If the code inspector observes a violation of this article, the inspector shall issue a notice of violation to the pedicab driver owner and/or '^ °~~'~ r°•-°^~' ~~~~' °•,+~+" shall include the following; information: (1 } Name of the violator. (2) Date and time of violation. (3) Nature of the violation. (4) Amount of fine or other penalty for which the violator may be liable pursuant to section 106-3407 of this Code or as otherwise provided by law. ~S) Instructions and due date for paying the fne. 13 ~6) Notice that the violation may be appealed by filing a written request for an administrative hearing with the clerl: of the special master within ten days after service of the notice of violation, that failure to da so shall constitute an admission of the violation and waiver of the right to a hearing. and that unpaid fines will result in the imposition of liens which may be foreclosed by the city. The notice shall also inform the violator that repeat violations of this article will result in the imposition of lamer fines and may also result in revocation, or suspension of the business tax receipt and/or injunctive proceedings as provided by law. The notice shall be signed by the code inspector who witnessed the violation. (b) Responsibilit~~ to provide cup°rent crddr°ess. The holder of the business tax receipt for all pedicabs shall have the responsibility to keep the city advised of its current address and of the current address of #~ all drivers of the pedicabs. Sec. 106-3467. Fines and penalties for violation; appeals; alternate means of enforcement (a) Fines and penalties The following civil fines and penalties shall be imposed for violations of this article: (1) If the offense is the f rst offense. $20.00 fine, plus restitution to the pedicab passenger(s) if applicable. (2) If the offense is the second offense within the preceding 12 months, one weekend (noon Friday through noon Monday) suspension of the business tax receipt in addition to a $1 500 00 fine plus restitution to the pedicab passenger(s) if applicable. (3} If the offense is the third offense within the preceding 12 months. $~99~-~)8 ?~ r~~n ~~ ~ r s ,~-9~8-A 9-~-9~}9~19- rs~ T+ +t~, °~~'°~~o ;" +? r-rl ~r •+1 - ii - .~• - ,~ +~ ,two weekend (noon Fridaythrough noon Monday) suspensions of the business tax receipt in addition to a $3 000 00 ~A fine plus restitution to the pedicab passenger(s) if applicable. In addition, the offense r!l T{~ih° x{'4'0.-~ o +1~Q c.;i>_'' rr a'__ ..7-- ------ i'___ ~'~ _ ..+1-r ;+ sh~lll ~, - ° be considered a habitual offender offense with penalties and fines imposed pursuant to subsection 106-2467(h) -' +•+ +• + +~, ,a• "~, r °..r°~ An offense shall be deemed to have occurred nn the date the violation occurred. An offense occurring 1 ~ months after the last offense shall be treated as a first offense for purposes of incurring new fines and penalties However any fines or penalties imposed in any prior 12 month period shall not be waived or altered. 14 (b) A violator who has been served with a notice of violation shall elect either to: (1) Pay the civil fine in the manner indicated on the notice: or (~} File a written reguest for an administrative hearing before a special master to appeal the decision of the code inspector that resulted in the issuance of the notice of violation The written request shall be submitted to the clerical staff of the special master no later than ten (10) days of service of the notice of violation, and shall be accompanied by a $75 00 appeal fee The fee may be returned to the violator if the special master rules in favor of the violator Al] disputes re~;arding_proper notice of the violation and timeliness of the appeal Shall be heard b ty he special master prior to any hearing on the merits of the violation itself. (c) The procedures for appeal of the notice of violation shall be as set forth in section 102-385. A courtesy mail notice shall be promptly provided to the complainant of any hearing re~:ardin~; the notice of violation and the complainant may testify at such hearings; provided, however, that non-transmission of the courtesy_notice to the complainant shall not in any way invalidate, affect, or impair any of the further proceedings actions or determinations in the case. Failure to dive such notice shall not be a cause for continuance or cancellation of any scheduled hearing of the matter Only two continuances for no loner than 20 days each. shall be granted by the special master for any administrative hearing unless the alleged offender. at a hearing on a motion for continuance establishes by testimony and/or other evidence. that good cause exists for a further (d) Failure of the named violator to appeal the decision of the code inspector 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 to an administrative hearing; shall be treated as an admission of the violation and penalties shall be assessed accordingly. In the event of a fourth or fifth offense and following notification by the code inspector of the violator's failure to timely reguest an administrative hearint; the special master shall enter an order setting the time during which a su~ension shall be imposed on the violator's business tax receipt. Such suspension shall begin no later than 30 days after entry of the order by the special master. (e) Any parh~ a~ rrieved by the decision of a special master may appeal that decision to a court of competent jurisdiction as provided in F.S. ~ 162.11 and section 30-77 of this Code. (f) 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 or city bill for penalties due under this section 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 iii 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 that remains unpaid the city may foreclose or otherwise execute on the lien All costs and attorneys fees incurred by the city for collecting any fine shall be paid by the violator. 1~ (~) As an alternative or additional means of enforcement, the city may institute proceedings to rcvolce or suspend a business tax receipt and/or seek injunctive relief. (h) In cases of habitual violations or offenses, the cit~ger may issue an administrative complaint for suspension or revocation of a business tax receipt as provided in section 102-383. Upon a finding of habitual violations or offenses by the city manager. a business tax receipt suspension, revocation, and/or fine shall be imposed. In determining the length of a suspension to be imposed under this subsection, the city manager shall consider the following factors: the gravity of the violations or offenses; any actions taken by the violator to correct the violations or offenses; and, any previous violations or offenses committed by the violator, No suspension imposed under this subsection (h) shall be for a period of time of less than 30 consecutive days. In the event a habitual violator does not hold a business tax receipt, the special master shall impose a fine into $5,000.00 per violation. ~) Any fine imposed under this article shall become a lien pursuant to the procedures of sections 30-74 and 30-75 of this Code. imposition of a fine not to exceed $500.00 per offense or both. (k) Nothing herein shall restrict the powers and authority granted to the various boards and committees of the city including the imposition of conditions and sanctions not specifically enumerated in this article. ~1) Nothi~ herein shall be deemed to modify existing applicable state, county or city building and fire codes. ordinances, laws or regulations. SECTION 3. Repealer. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. Severability. If any section, sentence, clause or phrase of unconstitutional by any court of competent jurisdiction the validity of the remaining portions of this ordinance. this ordinance is held to be invalid or ,then said Bolding shall in no way affect 16 SECTION 5. 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 6. Effective Date. This Ordinance shall take effect the 26th day of July , 2008 and shall automatically sunset ewe-year-a~t~t~€~f€est~~te on January 1, 2009, or sooner, in the interest of the public health, safety or welfare. PASSED and ADOPTED this 16th ATTEST: ,~ ~, G~~-~.~~ CITY CLERK Robert Parcher Underline denotes additions r*~~~~° *'-~r°~~~'~ denotes deletions Shading denotes changes after First Reading day of July , 2008. _ _ vzcE ~ MAYOR Richard L. Steinberg t'4RFA ~ '~EJe~(~~ r~?~ ~, i ~t?E~ ~ ,1 -- .- ~ ~ '~! DY ~r` ~- F:lattoA"TURN\ORDINANC\Pedicabs 2008.doc 17 • ~~ COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending Chapter 106 Of The City Code Entitled "Traffic And Vehicles"; By Amending Article I, Entitled "In General," By Amending Section 106-1, Entitled "Definitions," By Amending The Definitions Of Bicycle And Bicycle Path; By Amending Section 106-3, Entitled "Vehicles Prohibited On Portion Of Lincoln Road; Exceptions" By Prohibiting Pedicabs On Portions Of Lincoln Road; By Creating Article VII, To Be Entitled "Pedicabs," Of Chapter 106, Entitled "Traffic And Vehicles," Of The Miami Beach City Code To Provide Regulations For Pedicabs By Creating Sections 106-262 Through 106-267 To Provide Definitions; Business Tax Receipt Requirements; Regulations Regarding The Operation Of Pedicabs; Enforcement Provisions; And Fines And Penalties; Providing For Repealer, Severability, Codification, And An Effective Date. Increase resident satisfaction with the level of code enforcement; maintain or improve traffic flow. Supporting Data (Surveys, Environmental Scan, etc.): 75% of residents and 72% of business feel that traffic flow on Miami Beach is fair or poor. Shall the Commission approve, on second reading, an ordinance regulating pedicabs in the City of Miami Beach? Item Summa !Recommendation: SECOND READING At the May 14, 2008 Commission meeting, staff requested a referral to the Neighborhoods/Community Affairs (NCA) Committee for discussion on the issue of pedicabs and to receive specific direction on the interest in continuing to permit pedicabs in the City. The item was discussed at the May 28, 2008 Committee meeting. Members of the public, as well as current pedicab operators, spoke. At that time, the Committee made a motion to move to the Commission a proposed ordinance to regulate pedicabs, with specific direction to address certain issues that have been raised. Staff prepared a proposed ordinance for first reading working off the ordinance presented to the Commission on December 6, 2006, as that ordinance received extensive review and input, including from the Transportation and Parking Committee (TPC), various city departments, and other interested persons. The proposed ordinance was presented at first reading and included, among other items, a prohibition of pedicabs on Lincoln Road and other sidewalks/pedestrian paths citywide; afine/penalty schedule for violations, with no mitigation by the Special Master; an application process for pedicab business tax receipts; a prohibition on operating in restricted areas at all times; modified the administrative policy to reflect that the prohibition is for non- motorized for-hire vehicles; and revisited the current insurance requirements. Additional requirements relating to pedicabs were developed. At the June 25, 2008 Commission meeting, the Commission approved the item on first reading, but requested a referral to the NCA to address remaining questions relating to the total number of pedicab business tax receipts (BTR) to be issued, the total number to be permitted per BTR, and the total number of pedicabs. The item was also taken to the TPC for their review and comments. The proposed ordinance reflects suggested changes made at the NCA Committee, including permitting pedicabs on Ocean Drive and Washington Avenue on a pilot basis. The TPC recommendations are also included in the memorandum for consideration. A meeting with pedicab representatives was held on July 10, 2008. Neighborhoods/Community Affairs Committee (NCA) meeting on May 28, 2008; motion approved to develop ordinance and forward to Commission for consideration. Commission forwarded to NCA for further review. At NCA meeting of 7/2108, Committee recommended allowing pedicabs on Ocean Drive and Washington Avenue, and set a limit of no more than 30 pedicabs allowed, with no more than three licenses issues and no more than 12 per license. The proposed ordinance was discussed with Transportation and Parking Committee on July 7, 2008. The TPC recommended a pilot program of no less than 12 months and recommended no more than 3 BTR's, 45 pedicabs, and 15 pedicabs per BTR. They agreed with the permitted use of Ocean Dr. and Washington Ave. and the prohibition on Lincoln Road sidewalks, and bike paths. Infnrmatinn• Source of Funds: Amount Account 1 NIA OBPI Total Financial Impact Summary Additional staff time relating to review and monitoring will occur. Application fees will be char ed to offset a licant costs AGENDA ITEM S/~ 1 ~l V 1 (~ ~~~ DATE 7-I6-OS m MIAMIBEACH City of Miami Beach, 1740 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: July 16, 2008 SECOND READING Sui3JECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 106 OF THE CITY CODE ENTITLED "TRAFFIC AND VEHICLES"; BY AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY AMENDING SECTION 106-1, ENTITLED "DEFINITIONS," BY AMENDING THE DEFINITIONS OF BICYCLE AND BICYCLE PATH; BY AMENDING SECTION 106-3, ENTITLED "VEHICLES PROHIBITED ON PORTION OF LINCOLN ROAD; EXCEPTIONS" BY PROHIBITING PEDICABS ON PORTIONS OF LINCOLN ROAD ANB-AN AG~,t"~D,°IV~; BY CREATING ARTICLE VII, TO BE ENTITLED "PEDICABS," OF CHAPTER 106, ENTITLED "TRAFFIC AND VEHICLES," OF THE MIAMI BEACH CITY CODE TO PROVIDE REGULATIONS FOR PEDICABS BY CREATING SECTIONS 106-262 THROUGH 106-267 TO PROVIDE DEFINITIONS; BUSINESS TAX RECEIPT REQUIREMENTS; REGULATIONS REGARDING THE OPERATION OF PEDICABS; ENFORCEMENT PROVISIONS; AND FINES AND PENALTIES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION: The attached ordinance has been developed to regulate pedicabs in the City, and incorporates the administrative policy that has been in place since January 2007, as amended, and has been included as a condition of all business tax receipts issued for pedicab services in the City. Should the City Commission wish to continue to allow pedicab operations in the City, it is recommended that the Mayor and City Commission adopt the attached ordinance on second reading. BACKGROUND: In 2005 and 2006, the City Commission considered options for the development of an ordinance to regulate pedicabs in the City of Miami Beach. More specifically, the Commission directed staff to develop an Ordinance with licensing regulations for a pilot program for pedicabs that would sunset after a one year period. This ordinance was presented to the Commission on December 6, 2006. Following testimony from the City's Public Works, Police, Parking, Planning, Licensing/Finance, and Fire departments regarding public safety and traffic management concerns relating to pedicab service on the city's heavily traveled and congested streets (especially in our entertainment district), the Commission did not approve the proposed ordinance. In the alternative, an administrative policy was issued in January 2007 that delineated what roads were prohibited for pedicab operators that obtained a "transportation service" occupational license, now called a business tax receipt, BTR. The transportation service BTR is required for "for-hire" vehicles such as pedicabs. No applications for a transportation service BTR were received for pedicabs until several months ago. Currently, when a BTR is approved, the administrative policy is included as a condition for approval. A violation of any of the conditions of the BTR results in a code violation, and multiple violations can result in the revocation Page 2 of 7 Pedicab Ordinance - 2"d Reading of the BTR. As of this date, seven (7) Transportation Service BTRs have been issued. In anticipation of Commission consideration of pedicabs, all applicants were limited to only two pedicabs per BTR. As such, a total of 14 pedicabs can operate with the appropriate licensing within the City of Miami Beach, and only consistent with the conditions that have been imposed via the Administrative Policy. It should be noted that multiple violations have been issued since February, 2008 relating to pedicabs. At the May 14, 2008 Commission meeting, staff requested a referral to the Neighborhoods/Community Affairs (NCA) Committee for discussion on the issue of pedicabs in the City and to receive specific direction from the Commission on their interest in continuing to permit pedicabs in the City. The referral was requested following concerns raised with the manner in which the current licensed pedicabs were operating in the City. The item was discussed at the May 28, 2008 Committee meeting. Members of the public, as well as current pedicab operators, spoke. At that time, the Committee made a motion to move to the Commission a proposed ordinance to regulate pedicabs, with specific direction to address certain issues that have been raised. In developing a proposed ordinance for the Commission's consideration, staff reviewed and used as a foundation the ordinance presented to the Commission on December 6, 2006, as that ordinance received extensive review and input, including from the Transportation and Parking Committee (TPC), various city departments and other interested persons. The proposed ordinance presented at first reading included, among other items, the following: • Prohibition on pedicabs on Lincoln Road, Ocean Drive and all city sidewalks • A fine and penalty schedule for violations, with no mitigation by the Special Master • A system for the equitable issuance of pedicab BTRs • Prohibition on pedicabs from operating in restricted areas at all times, not only when they have paying customers • Provided enhanced insurance requirements Staff requested specific direction from the Commission relating to what limits should be imposed on the total number of BTR's issued, the total number of pedicabs per BTR and the total number of pedicabs overall. In addition, there was much discussion at Commission on whether pedicabs should be permitted in certain currently-prohibited streets. Additionally, questions were raised regarding the recommended safety requirements. The ordinance was approved on first reading and a referral was made to the NCA to discuss these issues. In addition, it was requested that testimony made during the December 6, 2006 Commission meeting, and in the commission memorandum, by various City departments regarding pedicabs be included as part of the record for the first reading. NEIGHBORHOODSICOMMUNITY AFFAIRS COMMITTEE REVIEW: Additional requirements relating to the ordinance were developed in response to the comments at the City Commission and were presented for the Committee's consideration at the July 2, 2008 Committee meeting. This included specific requirements relating to pedicab equipment, safety, and prohibited activities. These recommendations were the product of the review of existing ordinances in eight (8) other major U.S. cities that regulate pedicabs. These cities included: San Francisco, Santa Barbara, Las Vegas, Denver, Key West, Miami, New York City, and Orlando. Subsequent to the Committee meeting, staff has also reviewed pedicab regulations in Sarasota, Tampa, and Fort Lauderdale. The research found that the type and scope of regulations proposed in the City's ordinance mirrors many if not most of the regulations in place in other cities. Differences included: who reviews and issues pedicab permit applications; who is required to get a permit and what type; and the fee schedule. Page 3 of 7 Pedicab Ordinance - 2"d Reading Similarities included: safety requirements; limits on where pedicabs can operate; equipment requirements; prohibited activities; restrictions on pedicab driver's age; and insurance requirements. In most of the cities, pedicabs are defined as devices that are human propelled and are designed to transport people for hire or other compensation; they are not defined as bicycles. This is consistent with the City's proposed definition of pedicabs. The most significant difference was the requirement in all other cities reviewed of permits for pedicab drivers, in addition to permits for the pedicab business owner and their pedicabs. Additionally, some cities require disclosure of any criminal history by the pedicab driver. Following discussion, as well as testimony from interested persons (including pedicab operators), the Committee approved a motion moving the proposed ordinance to second reading with certain changes relating to restricted areas and the number of pedicab BTRs and pedicabs to be approved. This included permitting pedicabs on Washington Avenue from 5th to 17th and on Ocean Drive from 5th to 15th. It was also recommended that this be a pilot program until the end of the year (approximately a three-month pilot program), and that staff develop a competitive process for the selection of pedicab operators in the City. Staff was also directed to meet with pedicab operators and other interested persons to see if a route or loop could be developed using the permitted streets. TRANSPORTATION AND PARKING COMMITTEE: Staff presented the proposed ordinance to the TPC at their meeting on Monday, July 7, 2008. Many of the current members of the TPC were involved in the two-year discussion leading up to the December 6, 2006 proposed ordinance. As the current, proposed ordinance mirrors much of the 2006 ordinance, discussion centered around those items that have been incorporated in the most recent discussion on pedicabs. In response, TPC members expressed the following: • There were concerns raised regarding the period for the pilot program. Recommendations ranged from a minimum of six months, to at least a year. A motion was made and approved to recommend that the Commission consider a pilot program of no less than one year. • There was discussion on the proposal to allow pedicabs on Ocean Drive, with some members expressing concerns due to valet ramp upon the west side of Ocean Drive. However, a motion was made and approved by a majority of members, supporting the NCA Committee's recommendation to allow pedicabs on Ocean Drive and Washington Avenue. • There was discussion on the proposed restriction of pedicabs on Lincoln Road, sidewalks and all other pedestrian paths and on bike lanes. A motion was made and approved to support these restrictions. • There was discussion on the issue of how many total pedicabs should be permitted in the city, and how many total BTR's and pedicabs per BTR. Following much discussion, there was a motion approved to recommend that the Commission consider up to three BTR's with no more than 15 pedicabs each for a total of no more than 45 pedicabs in the City. • There was also discussion on various other issues of concern and additional recommendations mentioned. These included: o Not permitting passengers to be drinking while they are being transported o Considering time of day limitations for the use of certain streets o Including a background check for drivers o Increasing the frequency of checks on the insurance o Tightening the language regarding major stakeholders o Requesting clarification on the fare structure o Recommending a mechanism to allow pedicabs to serve the Convention Center While there were concerns expressed by a couple of members regarding the extensive regulations, the committee did, by majority vote, approve an additional motion to prohibit passengers in pedicabs to be drinking while being transported. Guidance from the commission would be requested on other items. 3 Page 4 of 7 Pedicab Ordinance - 2"d Reading Staff reviewed the suggestions made by the TPC. While the attached, proposed ordinance does not include their recommended changes relating to the number of pedicabs and pedicabs per BTR, as this differs from the NCA Committee's approved numbers, language has been incorporated into the proposed ordinance relating to a prohibition on passengers drinking while being transported, as this appears consistent with the overall intent of the regulations. The TPC members were invited to attend the Commission Meeting. MEETING WITH PEDICAB OPERATORS AND INTERESTED PERSONS: As requested at the NCA Meeting of July 2, 2008, staff coordinated a meeting with pedicab operators and other interested persons to discuss possible routes or travel options for pedicabs, especially in light of the new regulation to permit pedicabs to operate on Ocean Drive and Washington Avenue. Most of the discussion centered on clarification on the specifics of the ordinance. No specific recommendation was made regarding a loop or route, as most pedicab operators explained that many of their passengers are asking to be taken to specific locations that may be outside of a route. However, we will be asking that pedicab operatorslowners identify, at the time of their application, the general area where they will primarily be operating (south, mid or north beach). A request was made that the Ocean Drive and Washington Avenue areas south of 5th also be included in the Ocean Drive and Washington Avenue areas where pedicabs will be permitted. Staff understood that the areas considered by Committee only included Ocean from 5th to 15th, and Washington from 5th to 17th. Staff would recommend that Washington Avenue be permitted to Dade Boulevard. We would ask for direction on whether pedicabs should be permitted on Washington Avenue and Ocean Drive south of Fifth. It should be noted that pedicabs are currently permitted south on all streets other than Alton, Southpointe Drive, Ocean, Collins and Washington. There was also discussion regarding the passenger loading/off-loading areas. There are no "taxi stand" type of locations proposed at this time, as this would require removing parking spaces from inventory. The proposed ordinance originally anticipated the use of commercial and passenger loading zones, as long as the pedicab driver did not exceed any time restrictions. Based on concerns expressed by representatives of the Ocean Drive Association regarding the use of passenger loading zones in front of hotels for pedicabs to wait for potential customers, we have adjusted the ordinance to reflect that commercial loading zones can be used to load and off-load passengers, as well as wait for passengers, as long as they do not exceed any time restrictions. In terms of passenger loading zones, those can ONLY be used to load or off-load, but not to wait. Pedicab owners can make arrangements with private commercial property owners to use private property for purposes of waiting for customers. Additionally, we clarified that pedicab owners can make arrangements with private commercial property owners to off-load their vehicles, but cannot off-load on public property, or otherwise store their vehicles directly or indirectly on public property. PROPOSED ORDINANCE The attached ordinance provides a mechanism to regulate pedicabs in the City. It reflects changes made to the ordinance for purpose of further clarification, and that have been recommended by the NCA or TPC. These changes are shaded for ease of your review. For purposes of this ordinance, a pedicab is defined as "a device that has three (3) or more wheels, that transports, or is capable of transporting, passengers on seats attached to the device (e.g. on bench-style seats), that is propelled solely by human power, that is used for transporting passengers for hire, including for tips or any other form of compensation or barter regardless of whether a passenger is being transported." After reviewing the definition of pedicabs in other major U.S. cities, we believe this definition to be consistent and complete in 4 Page 5 of 7 Pedicab Ordinance - 2"d Reading defining the vehicles that we wish to regulate. The proposed pedicab ordinance, as developed, addresses the concerns raised by the Commission, and includes the following: 1) Process for the application and issuance of BTRs A BTR will continue to be required for purposes of operating a pedicab business on Miami Beach. Section 106.264 details specific requirements for the BTR; the process for the application and issuance of a BTR; the insurance requirements; and the process for denial/revocation of a BTR. The proposed ordinance: • Requires additional information for consideration at fhe time of application. This will permit us to verify company ownership and the relationship of pedicab companies to each other. Additional disclosure information is required to prohibit one pedicab business operator from operating two or more pedicab businesses. This additional language is shaded. • Insurance requirements: The proposed ordinance incorporated insurance requirements similar to other cities. It currently requires licensed companies to maintain policy or policies of liability insurance as set forth in Miami Beach Code Section 42-3 with at least $500,000/$1,000,000 per occurrence liability coverage, including medical payments coverage of $10,000 by an insurance company rated B+ VI or higher by A.M. Best. Proof of valid coverage will be required at the time of BTR application, and may be monitored throughout the license year. No changes to the proposed insurance requirements have been made since first reading. However, an administrative policy will be implemented to require monitoring to ensure active insurance policies at least two times a year. • Establishes a limit on fhe number of BTRs issued by the City, the number of pedicabs permitted by each BTR, the number of BTRs per applicanf and a process to issue the BTRs. It is still recommended that the BTRs are issued annually with no automatic renewal, and a process is being developed to implement a lottery should the number of applications received exceed three. In addition, only one application may be submitted per company, and the principals, employees, agents, shareholders, corporate members or persons affiliated with one pedicab company cannot apply for a separate license. Language formerly included in 106-265 Q)(5) relating to the requirement of an inspection certificate from a pedicab dealer has been moved to this section as this will be required as part of the application process. As most of the potential pedicab customers are typically in the entertainment district or nearby, and that is where most pedicab activity has occurred, and the density and traffic issues in that area, a limit on the total number of BTRs and pedicabs permitted per BTR has been recommended by staff. At the NCA Committee meeting, it was recommended that the ordinance permit a total of 30 pedicabs in the City, with no more than three pedicab BTR's issued, and no more than 12 per BTR. As this formula might cause confusion, it would be recommended that the Commission consider changing this to either three BTRs with a maximum of 72 each and a total of 36 pedicabs citywide, or change this to three BTRs with a maximum of 70 each and a total of 30 pedicabs citywide. Final guidance is requested on this matter. Additionally, language has been incorporated regarding a required inspection by the Police Department to certify that the pedicabs, that will be part of a BTR, meet all safety requirements of this ordinance. In addition, this section references that the City will charge an administrative fee to cover the costs of the inspections, review of applications and any other reviews. (Note: clarification is provided in 106-264 (e) regarding the applicable sections in City Code relating to denial, revocation and suspension of BTRs. The changes are shaded.) 5 Page 6 of 7 Pedicab Ordinance - 2"d Reading 2) Operating requirementsirestrictions The proposed ordinance establishes specific operating requirements and restrictions. Section 106-265 of the proposed ordinance details specific operating requirements and restrictions. The restrictions relating to roadways where pedicabs may not operate will continue via the Administrative Policy, and is specifically referenced in Section 106-265 (f) (22). The Administrative Policy is incorporated by reference and compliance with the Administrative Policy will continue to be a condition of all BTRs issued. The Administrative Policy will be re-issued to clarify that the policy applies to non-motorized for hire vehicles, pedicabs, and to reflect that Washington Avenue can be used by pedicabs from Stn to 17tH and Ocean Drive can be used from Stn to 15tH. The proposed operating requirements/restrictions include, among other things: • No pedicabs may be operated on restricted streets regardless of whether or not there is or is not a paying customer on the device • No pedicabs may be operated on any city sidewalk, beachwalk, boardwalk or pedestrian walkway or bicycle lanes, nor on Lincoln Road • Pedicab operators must be 18 or older and must have a valid Florida driver's license • Safety equipment must be installed • Pedicabs may only use only areas identified for loading and offloading passengers, or waiting for passengers, and are subject to any limitations posted for those zones/areas • Pedicab companies must have legal storage • Pedicab operators must follow all applicable traffic laws • No advertisement is permitted on pedicabs • Pedicab operators must post their fares As noted, changes to 106-265 have been made to conform language and provide clarification that these restrictions and requirements apply to operators/owners and drivers. An additional prohibition was added to prohibit the transportation of a passenger that is drinking, consuming or is in the possession of an open container of an alcoholic beverage. Additionally, language has been added to address passenger seating requirements. Section 106-265 Q) has been further expanded to clarify equipment requirements. These requirements are consistent with requirements that exist in other major U.S. cities, and include requiring brakes, turn signals and the use of a reflective triangle or tape on the rear of the pedicab. 3) Fines and Penalties: The Committee discussed whether the proposed fine and penalty schedule should be accelerated to ensure compliance with city code. At present, the fine schedule does not impose use limitations until the fourth violation, and revocation or suspension procedures cannot be initiated until the fifth violation unless alternative enforcement procedures under 106-267(g) are used. It has been recommended that this process be accelerated to impose restrictions and trigger revocation/suspension sooner for repeat violator. As each BTR will have multiple pedicabs, it is likely that operators/owners that do not properly monitor their drivers will reach the existing threshold. However, as an alternative, we can modify the schedule, as follows: • First offense: $250 fine plus restitution • Second offense: $1,500 fine plus restitution and loss of one weekend suspension of the BTR • Third offense: $3,000 fine plus restitution, loss of two weekend uses of the BTR and the establishment of habitual offender status that triggers revocation or suspension proceedings. It should be noted that these violations can currently be issued to both the driver and the pedicab business owner. 6 Page 7 of 7 Pedicab Ordinance - 2nd Reading REGULATION OF PEDICAB DRIVERS As was discussed at the Committee, there is a desire to ensure a process for the regulation of pedicab drivers. These regulations would be intended to provide a permit for a pedicab driver following application and confirmation that the pedicab driver meets all minimum requirements to obtain a pedicab driver license. In this matter, violations can be better tailored to address issues relating to pedicab driver performance, as compared to certain pedicab owner (BTR holder's) responsibilities. As language to establish a pedicab driver permit requirement (e.g. application, cost, etc) was not included in the first reading of this ordinance, it has been recommended that this proposed change be an amendment to this ordinance. As such, a companion first reading ordinance is on the agenda creating a mechanism to require pedicab drivers to obtain a permit. FISCAL IMPACT The proposed ordinance will require additional review of BTR applications by the Finance Department/Business Tax Receipt, Risk Management, Police, Fire, Parking and Code Compliance departments/divisions, as well as the coordination of the lottery process by the Finance department. An application fee will be established and collected for review of applications and inspection of pedicabs. In addition, Code Compliance, Police and Parking staff will need to monitor compliance with applicable codes and laws. CONCLUSION The County currently regulates motorized for-hire vehicles. These regulations limit the number of for- hire vehicles that are licensed in the county, and establish specific requirements for any operator that holds the appropriate license to operate a for-hire vehicle. The Administration has concerns regarding the operation of non-motorized, for-hire vehicles (pedicabs) on the City's right-of-ways. However, as directed, staff has developed an Ordinance that would regulate the operation of pedicabs in the city. The proposed ordinance establishes a mechanism to issue Business Tax Receipts to pedicab operators in an equitable way, via a lottery, and establishes requirements to ensure the safety of pedestrians, drivers and passengers. It is intended that the administrative policies will be updated to ensure consistency with this ordinance. If the ordinance is approved, all currently licensed pedicab operators would need to apply via the new process for a BTR for the next fiscal year. Current license holders are not guaranteed a new license. It is also recommended that any additional applications received for licenses in the current fiscal year will be limited to two pedicabs per BTR, and no more than a total of twelve (12) BTRs would be issued for the remainder of the current fiscal year (total of 24 pedicabs), on a first-come, first-served basis. All existing and any new BTRs will be subject to the ~~ restrictions and requirements of this ordinance. A grace period of 20 days may be considered to allow current pedicabs to come into compliance after adoption of the ordinance. As requested, further direction is sought from the Commission on the suggested final number of business tax receipts (licenses) that should be issued, and whether any limits should be imposed on the number of pedicabs permitted per each BTR issued. Additionally, a companion first reading ordinance is included on this agenda establishing a permit process for pedicab drivers. JMG/HMF 7 r s.. •. _ ~.._. ai;;. .- - -... _.. y..:. :_ _. _. ~~~~~~~~ ~ CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS 16 NOTICE IS HEREBY given that a second reading and public hearings will be held by the Mayor and City Commission of the City of Miami o~ Beacr,, Florida, in the Commission Chambers, 3rd floor, Cdy Hall, 1700 Convention Center Drive. Miami Beach, Florida, on Wednesday, '±s °o Juiy tfi 2008, to consider the following: a ~ ,. N N; 11:OD a.m. ~ An Ordinance Amending Ctrapter 106 Of The C'dy Code Entitled "Traffic And Vehicles"; By Amending Article I, Entitled "In General," By Amending -~ Section 106.1, Entitled "Definitions," By Amending fie Definitions Of Bicycle And Bicycle Path; By Amending Section 106-3, Entitled "Vehicles Prohibited On Portion Of Lincoln Road; Exceptions" 8y Prohibiting Pedicabs Op Portions Of Lincolr~ Road And On Ocean Drive; By Creating _ } Article VII, To Be Entitled "Pedicabs," Of Chapter 106, Entitled'TrafficAvd Vehicles,` Of The Miami Beach City Cade To Provide Regulations For o Pedicabs By Creating Sections 106-262 Through 106-267 To Provide Definitions; Business Tax Receipt Requirements; Regulations Regarding ~ The Operation 01 Pedicabs; Enforcement Provisions; And Fines And Penalties. Inquiries may be directed to the City Manager's Office at (305) 673-7010. _ ~ 5:05 p.m. e An Ordinance Amending Chapter 46 Of The Miami Beach City Code Entitled "Environment," By Amending Article IV Entitled "Noise' By Amending ~, ,,,,; a Section 46-157 Entitled "Exemptions" By Amending The Exemptions In Subsection f4j Relative To Activities On Or In Publicly Owned Properties ~ And Facilities And Clarifying The Exemption In Subsection 1,11J Regarding Eastward Oceanfront Noise; By Amending Section 46-158 Entitled i "Enforcement By Code Inspectors; Notice Of Violation; Warnings" By Amending The Provisions Regarding Warnings In Zoning Districts Other g Than Single Family Zoning Districts And The Responsibility To Provide The Current Addresses Of Premises Owners Antl Business Tax Receipt a Holders; By Amending Section 46-159 Entitled "Fines And Penalties For Notation; Appeals; Alternate Means Of Enforcement" By Amending x , '` f The Period Of Tlme For The Resetting Of Fines And Penalties For Violations From 18 To 12 Months; By Creating Section 46-162 Entitled '~v;' =" _ "Administrative Policies And Procedures" To Authorize The City Manager To Establish Such Policies And Procedures In Accordance Wiih Article F- IV And Administrative Guidelines Approved By Resolution Of The Ciiy Commission; By Substituting The New Terminology Of "Business Tax - Receipts' For "Occupation Licenses" Where Appropriate In The Amendments To Article IV. Inquiries may be directed to City Manager's Office at {305j 673-7010. INTERESTED PARTIES are Invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the ~, City Commission, c/o the City Clerk,1700 Convention Center Drive,lst Floor, City Hall, Miami Beach, Florida 33139. Copies of these ordinances ? are available for public inspection during nomma! business hours in the City Clerk's Office, 1100 Convention Center Drive,1st Floor, City Hall, and c Miami Beach, Florida 33139. This meeting may be continued and under such circumstances additional legal notice would not be provided. Robert E. Parcher, CRy Clerk ~ City of Miami Beach °' Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any decision made by the ~ City Commission with respect to any matter considered at ds meeting or fts hearing, such person must ensure that a verbatim record of ~ the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not ~ constitute consent by the City for the introduction or admission of otherwise inadmissible ar irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. 6 . m Tc request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or ~: ~ any accommodation to review any document or participate in any city-sponsored proceeding, please contact (305) 604-2489 (voicej, 130 516 7 3-7 2 1 8(fTY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Servicej. 'MIAMI BEACH :~~~~ ~~~H ~ - `' ~~~ 1= ' ~~ .~ .. ~ ,. , s . , . ..