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HomeMy WebLinkAboutOrdinance 2023-609ORDINANCE 2023 - 60 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, REPEALING ARTICLE VI OF THE CODE OF ORDINANCES OF THE CITY OF SUNNY ISLES BEACH, ENTITLED "RESTRICTIONS ON SKATEBOARDS, NON - MOTORIZED AND MOTORIZED DEVICES," AND CREATING A NEW ARTICLE VI, ENTITLED "MOTORIZED SCOOTERS, COASTERS, SKATEBOARDS, AND OTHER WHEELED DEVICES," THEREBY ESTABLISHING REGULATIONS GOVERNING THE USE AND OPERATION OF MOTORIZED SCOOTERS AND OTHER SIMILAR WHEELED DEVICES UPON THE CITY'S STREETS AND SIDEWALKS; REQUIRING THE REGISTRATION OF MOTORIZED SCOOTERS; ESTABLISHING A FEE; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, in response to promoting a healthier lifestyle, mitigating traffic, and supporting more environmentally friendly, convenient, and cost-effective ways for residents and visitors to travel, the City of Sunny Isles Beach has become inundated with the use of motorized scooters and other similar wheeled devices upon its roadways and sidewalks; and WHEREAS, despite the advantages of using these alternative, methods of transportation, unique safety concerns are created by their inherent design and by their use, to both users of such devices and pedestrians; and WHEREAS, in recent years, there has been an increase in the improper use of motorized scooters and similar wheeled devices in the City, which pose a substantial risk of injury or death to users of such devices and pedestrians; and WHEREAS, it is the intent of the City Commission of the City of Sunny Isles Beach, Florida, to enact by ordinance, regulations governing the use and operation of motorized scooters and other similar wheeled devices, which serve to protect the health and welfare of all city residents and visitors; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:' Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Section 2. Repeal of Article VI. Article VI of the Code of Ordinances of the City of Sunny Isles Beach, Florida, entitled "Restrictions on Skateboards, Non -Motorized and Motorized Devices," is hereby repealed as follows: 1 Additions to existing text are shown by underline, changes to existing text on second reading are shown by double underline, deletions on first reading are shown as stFikethFeugh and deletions on second reading are shown (FINAL3) Repeal and Create Article VI - Motorized Scootersetc_Motorized Scooters, Coasters, Skateboards, and other Wheeled Devices Page 1 of 9 § 956_44 Ilefinitienc i tell:Fns and wheR OR this i .+renelled by the i seer ire OIR UpFight PeSitielPl. aleRg the length ef the -hette.m. ef such uppell: pertion, with Such frammle er e-h-aSsis heldiRg twe ef mere %vheels th-at are IeRgitUdiRally aligRed -;;Ad- wised- te skate 9F glide by FAeaRs ef humaR leg ap�pF p •' the rider by a FnOte)rize d MPARr, Af tr-,nrne.rtatinn i .m.ateri-ak; m.euRted em twe axles, frei;t -;;Ad- rear, with two mVheels m.-;;d-e ef elay, i ef n n• § 956._4'1 Prohibition i the, Gita of G Inn i I.-Inr Qc,-,e•h §2565 _49. Penaltiesane- enfere•ement- =r=eFdaRee with l / the Sped / City's § 956._4'2 Cfiee•tiwe d2te fer eOOKement (FINALS) Repeal and Create Article VI - Motorized Scootersetc_Motorized Scooters, Coasters, Skateboards, and other Wheeled Devices Page 2 of Section 3. Creating Article VI. Article W VI, entitled, "Motorized Scooters, Coasters, Skateboards, and Other Wheeled Devices," of the Code of Ordinances of the City of Sunny Isles Beach, Florida, is hereby created to provide as follows: ARTICLE VI — Motorized Scooters, Coasters, Skateboards, and Other Similar Wheeled Devices § 256-40. Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: A. COASTER means a board or platform of any type of material mounted on two or more wheels attached to the underside and controlled by an upright steering handle that is self- propelled solely by human power in an upright position. B. DIVIDED SIDEWALK means a sidewalk divided by visible markings in the center of the sidewalk, with one side of the sidewalk designated for the exclusive use by pedestrians and the opposing side of the sidewalk designated for the exclusive use by motorized scooters, coasters, inline skates, roller blades, skateboards, electric personal assistive mobility devices, and any such other similar wheeled devices. C. ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE (EPAMD) means any self -balancing, two-nontandem-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 defined in this section. D. INLINE SKATE AND ROLLER BLADE means a manufactured or assembled device consisting of an upper portion that is intended to be secured to a human foot, with a frame or chassis attached along the length of the bottom of such upper portion, with such frame or chassis holding two or more wheels that are longitudinally aligned and used to skate or glide by means of human leg power. E. MOTORIZED SCOOTER means any vehicle 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. The term does not include an electric bicycle. F. MOTORIZED SCOOTER REGISTRATION DECAL means the registration decal issued by the City pursuant to the registration of any motorized scooter as provided herein. G. PEDESTRIAN means any person afoot. (FINAL3) Repeal and Create Article VI - Motorized Scootersetc_Motorized Scooters, Coasters, Skateboards, and other Wheeled Devices Page 3 of H. SIDEWALK means that portion of a street between the curbline, or the lateral line, of a roadway and the adjacent property lines, intended for use by pedestrians. SKATEBOARD means a board made of wood, fiberglass, or other material or combination of materials mounted on two axles, front and rear, with two wheels made of clay, Polyurethane, or other material or combination of materials attached to each axle that is propelled by foot or other mechanical means. The term "skateboard" includes motorized skateboards propelled by a motor mounted on the skateboard. USER or OPERATOR means an individual who utilizes or operates a motorized scooter, coaster, skateboard, in line or roller skates, roller blades, EPAMD, or any other such similar wheeled device. K. OWNER means any person, corporation, partnership, association, or any other entity, who owns a motorized scooter, validated through a bill of sale, invoice, or other document evidencing transfer of ownership, or pursuant to affidavit. In the case of a minor, OWNER is the parent or legal guardian of the minor. § 256-41. Motorized Scooter Registration Required A. It shall be the duty of any person %vit:60p; G-*- who owns or operates a motorized scooter within the City to register such motorized scooter with the City in accordance with the provisions of this article. B. The provisions of subsection (A) above shall not apply to bona fide dealers of new or secondhand motorized scooters when the motorized scooters are kept by the dealers for sale to the public. § 256-42. Application; fee; issuance of motorized scooter registration decal. A. Application forms for motorized scooters shall be furnished by the city to any residents or non-residents of the city for the registration of a motorized scooter. Said application forms shall reauest sufficient information to identifv anv motorized scooter soueht to be registered. B. Application fees�_ for the processing of a new application for a motorized scooter registration decal shall be established by the City Manager and shall (FINAL3) Repeal and Create Article VI -Motorized Scootersetc_Motorized Scooters, Coasters, Skateboards, and other Wheeled Devices Page 4 of 9 be published in accordance with applicable law. There shall be no reeistration fee for ninety 90 days after adoption on second reading of this Ordinance. C. It shall be the duty of the applicant for the registration of a motorized scooter to provide the information required by the application, including satisfactory proof of ownership. Upon the execution of a completed application, the applicant shall be provided with a motorized scooter registration decal by the city. In the event an owner does not have a receipt for purchase of the motorized scooter showing ownership of the motorized scooter, an affidavit declaring ownership may be used. § 256-43. Display of motorized scooter registration decal; removal. A. A motorized scooter registration decal, when issued by the city, shall be immediately affixed by the applicant to the motorized scooter for which the motorized scooter registration decal was issued, in such a position that the motorized scooter registration decal is clearly visible. The motorized scooter registration decal shall continue to remain attached to the motorized scooter for which the motorized scooter registration decal was issued and shall not be removed from such motorized scooter. B. It shall be unlawful for any person to remove, change, mutilate, or destroy any motorized scooter registration decal issued pursuant to section 256-42 and attached to any motorized scooter--....I,...r ir, *-..g,.F,.--,.,l t,. a Rmn ..:,l,.n....f t6on ,.:+.. *hg* ,a,...:..,.,. *.. § 256-44. Transfer of motorized scooter registration decal. No motorized scooter registration decal issued shall be transferable from one motorized scooter to another. However, a decal is transferable from one person to another person when there has been a change in ownership of the motorized scooter and in accordance with a change in the stration of the motorized scooter as Drovided for in section 256-45. § 256-45. Change of registration upon sale and exchange. Not later than ten (10) days after the sale or exchange of any motorized scooter previously registered in the city, the purchaser of the motorized scooter shall make application to the city for a change in registration of the motorized scooter, and shall furnish the city with the necessary information required to effect the change of registration. There shall be no charge for a change in reeistration of anv motorized scooter. § 256-46. Stolen, lost, mutilated, destroyed, or illegible motorized scooter registration decal. A. In the event that any motorized scooter registration decal issued and attached to any motorized scooter is stolen, lost, mutilated, or destroyed, the person owning the motorized scooter shall report the loss to the city and shall be furnished with a new motorized scooter registration decal at no cost to the owner. It shall be unlawful for any person owning any motorized scooter, when the motorized scooter registration decal has (FINALS) Repeal and Create Article VI -Motorized Scootersetc_Motorized Scooters, Coasters, Skateboards, and other Wheeled Devices Page 5 of been stolen, lost, mutilated, or destroyed, to fail to report the loss of such motorized scooter registration decal to the city within twenty-four (24) hours after the theft, loss, mutilation, or destruction thereof has been discovered. B. In the event any registration number on a motorized scooter registration decal shall become obliterated or illegible, it shall be the duty of the person owning the motorized scooter to apply to the city for a duplicate motorized scooter registration decal. It shall be unlawful for any person to ride on any motorized scooter having attached thereto a motorized scooter registration decal the number of which is obliterated or illegible. § 256-47. Requirements and Restrictions. A. Every person operating a motorized scooter has all the rights and duties applicable to the rider of a bicycle under §316.2065, Florida Statutes, except the duties imposed by §316.2065(2), 3(b), and 3(c), Florida Statutes. B. Any person operating a motorized scooter upon a divided sidewalk must ride on the portion of the sidewalk designated exclusivelv for motorized scooters, coasters, inline skates, roller blades, skateboards, EPAMD, and any such other similar wheeled device, excluding strollers, and motorized or non -motorized wheelchairs. At no time may a person operating a motorized scooter or coaster, inline skates, roller blades, skateboard, EPAMD or any such other similar wheeled device excludin strollers and motorized or non -motorized wheelchairs ride upon a portion of a divided sidewalk designated exclusively for pedestrians. C. Any person using a motorized scooter upon and along a sidewalk, or across a roadway upon and along a crosswalk, shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian. D. A motorized scooter user who is under 16 years of age must wear a helmet that is properly fitted and fastened securely upon the head by a strap and that meets the federal safety standard for bicycle helmets, final rule, 16 C.F.R. Part 1203. E. A motorized scooter shall not be used by more than one person atone time. It is unlawful for a person operating a motorized scooter to carry another person on the motorized scooter. F. Persons riding motorized scooters upon a roadway, bicycle lane, sidewalk, or divided sidewalk may not ride more than two abreast and must ride single -file G. Motorized scooters shall not exceed fifteen (15) miles per hour on sidewalks, and shall not exceed twenty (20) miles per hour on roadways. H. Persons operating a motorized scooter must obey the instructions of official traffic - control signals, signs, and other control devices applicable to vehicles, unless otherwise directed by a police officer. (FINALS) Repeal and Create Article VI - Motorized Scootersetc_Motorized Scooters, Coasters, Skateboards, and other Wheeled DevicesPage 6 of 9 I. No person riding upon a motorized scooter, coaster, skateboard, or such other similar wheeled device may attach the same or himself or herself to any vehicle upon a roadway. J. Any person riding upon a motorized scooter, coaster, skateboard, or such other similar wheeled device shall not use a cellular phone, wear a headset, headphone or listening device, other than a hearing aid, while riding. K. All motorized scooters shall comply with the lighting standards set forth in § 316.2065(7), Florida Statutes, which requires a reflective front white light visible from a distance of at least five hundred (500) feet and a reflective rear red light visible from a distance of at least six hundred (600) feet. L. In accordance with §316.2065(8), Florida Statutes, no parent of any minor child and no guardian of any minor ward may authorize or knowingly permit any such minor child or ward to violate anv of the provisions of this section. § 256-48. Penalties and enforcement. A. A person who commits a first time violation of any provision of this article will be issued a written warning. Any person who commits a subsequent violation after warning may be issued a civil violation notice in accordance with Chapter 14 of the City Code, for a fine of no less than $25.00 for the first offense, and no less than $50.00 for any subsequent offense, provided, however, that the maximum civil penalty shall be $500.00 fora single violation-. A erson who commits a violation ma also be sub'ect to a noncriminal traffic infraction or pedestrian violation. as set forth in 4316.2065. Florida Statutes. and Chapter 318, Florida Statutes. B. Law Enforcement and Code Enforcement Officers are hereby authorized to impound and confiscate any motorized scooters, coaster, skateboard, EPAMD, or such other similar wheeled devices being operated in violation of this Article. The City shall not be responsible for any damages or loss of equipment which is lawfully confiscated. C. The regulations and penalties herein are supplementary to Chapter 30 of the Miami - Dade County Code (entitled "Dade County Traffic Code"), as adopted, and Florida State Statute Chapters 316 (entitled "Florida Uniform Traffic Control Law") and 318 ("Florida Uniform Disposition of Traffic Infraction Act"). The regulations and penalties as enumerated therein shall remain in full force and effect. § 256-49. Effective date for enforcement. Prior to enforcement of the article above, the City will create and implement an educational outreach program, including but not limited to, presentations and/or educational brochures. The program will include educational presentations to children at the Norman S. Edelcup/K-8 elementary school, as well as to the community at large, concerning the use of motorized scooters and other similar wheeled devices defined herein within the City. This educational (FINALS) Repeal and Create Article VI -Motorized Scootersetc_Motorized Scooters, Coasters, Skateboards, and other Wheeled Devices Page 7 of 9 outreach program shall be administered for a minimum period of 90 days after adoption on second reading of this Ordinance. Section 5. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the same, are hereby repealed to the extent of such conflict. Section 6. Severability. If any section, subsection, clause or provision of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be affected by such invalidity, but shall remain in full force and effect. Section 7. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of Ordinances of the City of Sunny Isles Beach; that the sections of this Ordinance may be renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word, as required. Section 8. Effective Date. This Ordinance will become effective immediately upon adoption at second reading. PASSED AND ADOPTED on first reading this Cy of October 2023. PASSED AND ADOPTED on second re ' g is I—Aday of November 2023. Larisa Svechin, Mayor ATTEST: Maur First Reading CMC, City Clerk Motion:�����s-t� APPROVED AS TO FORM AND LEGAL SUFFICIENCY: �L ",LxL42 Vin E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney Second Readi Motion: &M;-s&26u -56g4 Second:Second:'�Sj (FINAL3) Repeal and Create Article VI —Motorized Scootersetc_Motorized Scooters, Coasters, Skateboards, and other Wheeled Devices Page 8 of 9 Vote on First Reading: Mayor Svechin (Yes) (No) Vice Mayor Joseph ,/ (Yes) (No) Commissioner Lama (Yes) (No) Commissioner Stuyvesant (Yes) (No) Commissioner Viscarra (Yes) (No) Vote on Second Reading: Mayor Svechin / ✓ (Yes) (No) Vice Mayor Joseph Yes) (No) Commissioner Lama (Yes) (No) Commissioner Stuyvesant (Yes) (No) Commissioner Viscarra (Yes) (No) (FINAI-3) Repeal and Create Article VI - Motorized Scootersetc_Motorized Scooters, Coasters, Skateboards, and other Wheeled Devices Page 9 of 9 F PLO cfrr aF swK h�,a City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305)949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners FROM: Stan Morris, City Manager DATE: November 16, 2023 RE: Establish Regulations for E -Scooters RECOMMENDATION: Staff recommends adoption of this Ordinance. REASONS: In response to promoting a healthier lifestyle, mitigating traffic, and supporting more environmentally friendly, convenient, and cost-effective ways for residents and visitors to travel, the City of Sunny Isles Beach has become inundated with the use of motorized scooters and other wheeled devices upon its roadways and sidewalks. Despite the advantages of using these alternative methods of transportation, unique safety concerns are created by their inherent design and by their use, to both users of such devices and pedestrians. In recent years, there has been an increase in the improper use of motorized scooters and similar wheeled devices in the City, which pose a substantial risk of injury or death to users of such devices and pedestrians. It is the intent of the City Commission to enact by ordinance regulations governing the use and operation of motorized scooters and other wheeled devices, which serve to protect the health and welfare of all city residents and visitors. ATTACHMENTS: Ordinance Business Impact Estimate Item Number: 9.0 BUSINESS IMPACT ESTIMATE FORM Posted To Webpage: November[----] 2023 This Business Impact Estimate is given as it relates to the proposed ordinance titled: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, REPEALING ARTICLE VI OF THE CODE OF ORDINANCES OF THE CITY OF SUNNY ISLES BEACH, ENTITLED "RESTRICTIONS ON SKATEBOARDS, NON - MOTORIZED AND MOTORIZED DEVICES,” AND CREATING A NEW ARTICLE VI, ENTITLED "MOTORIZED SCOOTERS, COASTERS, SKATEBOARDS, AND OTHER WHEELED DEVICES," THEREBY ESTABLISHING REGULATIONS GOVERNING THE USE AND OPERATION OF MOTORIZED SCOOTERS AND OTHER SIMILAR WHEELED DEVICES UPON THE CITY'S STREETS AND SIDEWALKS; REQUIRING THE REGISTRATION OF MOTORIZED SCOOTERS; ESTABLISHING A FEE; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Part I. Summary of the proposed ordinance and statement of public purpose: In response to promoting a healthier lifestyle, mitigating traffic, and supporting more environmentally friendly, convenient, and cost-effective ways for residents and visitors to travel, the City of Sunny Isles Beach has become inundated with the use of motorized scooters and other similar wheeled devices upon its roadways and sidewalks. Despite the advantages of using these alternative methods of transportation, unique safety concerns are created bV their inherent design and bV their use, to both users of such devices and pedestrians. In recent years, there has been an increase in the improper use of motorized scooters and similar wheeled devices in the City, which pose a substantial risk of injury or death to users of such devices and pedestrians. It is the intent of the City Commission of the City of Sunny Isles Beach, Florida, to enact bV ordinance, regulations governing the use and operation of motorized scooters and other similar wheeled devices, which serve to protect the health and welfare of all city residents and visitors. Part 11. Estimate of the direct economic impact of the proposed ordinance on private, for-profit businesses in the City of Sunny Isles Beach: (fill out subsections a -c as applicable, if not applicable write "not applicable") Q SONNY �S�FSB m i S� a F � fLOa C�Tt Oo SVN P a. Estimate of direct compliance costs that businesses may reasonably incur if the proposed ordinance is enacted: Not Applicable. b. Identification of any new charges or fee on businesses subject to the proposed ordinance, or for which businesses will be financially responsible; and Not applicable. An estimate of the City of Sunny Isles Beach's regulatory costs, including an estimate of revenues from any new charges or fees that will be imposed on businesses to cover such costs. The City's regulatory costs estimate is not yet ascertainable for this new registration program, since such costs will be dependent on the amount of registrants, and dependent upon the amount of potential violators. However, none of the regulatory costs will be imposed or charged upon any businesses. Part III. Good faith estimate of the number of businesses likely to be impacted by the ordinance: None. Not applicable. Part IV. Additional Information (if any): None.