HomeMy WebLinkAboutOrdinance 2026-648ORDINANCE 2026 -
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, AMENDING CHAPTER 256, ARTICLE VI, ENTITLED "MOTORIZED
SCOOTERS, COASTERS, SKATEBOARDS, AND OTHER SIMILAR WHEELED
DEVICES," §256-47, ENTITLED "REQUIREMENTS AND RESTRICTIONS," §256-48,
ENTITLED "PENALTIES AND ENFORCEMENT,- AND §256-49, ENTITLED
"EFFECTIVE DATE OF ENFORCEMENT," OF THE CODE OF ORDINANCES OF THE
CITY OF SUNNY ISLES BEACH," ESTABLISHING AN AGE RESTRICTION FOR THE
OPERATION OF MOTORIZED SCOOTERS; REQUIRING GOVERNMENT -ISSUED
PHOTOGRAPHIC IDENTIFICATION FOR THE OPERATION OF MOTORIZED
SCOOTERS; AND ENHANCING PENALTIES AND ENFORCEMENT; 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 (the "City") has become inundated with the
use of motorized scooters 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 in the City, which pose a substantial risk of injury or death to users of such devices and
pedestrians; and
WHEREAS, in 2025 the Florida Legislature enacted Senate Bill 462, codified as Chapter
2025-149, Laws of Florida, amending §316.2128, Florida Statutes, therein authorizing local
governments to "adopt an ordinance providing one or more minimum age requirements to
operate a motorized scooter or micromobility device" and to "adopt an ordinance requiring a
person who operates a motorized scooter or micromobility device to possess a government -
issued photographic identification while operating the motorized scooter or micro -mobility
device;" and
WHEREAS, the City Commission, upon passage of Senate Bill 462, requested that City
staff conduct research on the potential of implementing new scooter regulations authorized
by the Bill; anal
WHEREAS, City staff were given direction by the City Commission to draft a City
ordinance, after staff provided an update of the research and community outreach conducted
on additional scooter regulations; and
WHEREAS, it is the intent of the City Commission to establish a minimum age for the
operations of motorized scooters within the City, to require government -issued photographic
identification while operating motorized scooters, and to enhance its penalties and
enforcement, which serve to protect the health and welfare of all city residents and visitors.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:1
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. Amending Chapter 256, Article VI, §256-47. Chapter 256, Article VI, §256-47, of
the Code of Ordinances of the City of Sunny Isles Beach, Florida, entitled "Requirements and
restrictions," is hereby amended as follows:
§ 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 F.S. § 316.2065, except the duties imposed by F.S. §§ 316.2065(2),
3(b), and 3(c).
B. No person under the age of 16 years shall operate a motorized scooter upon any public
street, sidewalk, park, path, or other right-of-way under the City's jurisdiction.
C. All persons sixteen (16) years of age or older shall carry on their person, and present upon
request, a valid government -issued identification, which identifies the person by name, age,
and photograph, while operating a motorized scooter upon any public street, sidewalk, park,
path, or other right-of-way under the City's jurisdiction.
€D. Any person operating a motorized scooter upon a divided sidewalk must ride on the portion
of the sidewalk designated exclusively 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, excluding strollers, and motorized or non -motorized
wheelchairs, ride upon a portion of a divided sidewalk designated exclusively for
pedestrians.
€E. 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.
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fitted- and- fasteRed seewFely upen the head by a s4ap @Rd that meets, the fedeFal Safety
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€F. A motorized scooter shall not be used by more than one person at one time. It is unlawful
for a person operating a motorized scooter to carry another person on the motorized
scooter.
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 StFikethpeugh and deletions on second reading are shown
as
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F-G. 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.
GH. Motorized scooters shall not exceed 15 miles per hour on sidewalks, and shall not exceed
20 miles per hour on roadways.
#I. 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.
4J. 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.
dK. 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.
-KL. All motorized scooters shall comply with the lighting standards set forth in F.S. §
316.2065(7), which requires a reflective front white light visible from a distance of at least
500 feet and a reflective rear red light visible from a distance of at least 600 feet.
L-M. In accordance with F.S. § 316.2065(8), 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 any
of the provisions of this section.
Section 3. Amending Chapter 256, Article VI, §256-48. Chapter 256, Article VI, §256-48, of
the Code of Ordinances of the City of Sunny Isles Beach, Florida, entitled "Penalties and
enforcement," is hereby amended as follows:
§ 256-48. Penalties and enforcement.
A. A person who commits a first time violation of any provision of this article will be issued a
a civil violation notice in accordance with Chapter 14 of the City Code of
Ordinances, for a fine of no less than $250.00, and no less than $500.00 for any subsequent
violation.
,
however, that the -i rr=ivil peRalty shall be $500 nn f9F a SiRgle , elatie., A person
who commits a violation may also be subject to a noncriminal traffic infraction or pedestrian
violation, as set forth in F.S. § 316.2065, and F.S. ch. 318.
Section 4. Amending Chapter 256, Article VI, §256-49. Chapter 256, Article VI, §256-49, of
the Code of Ordinances of the City of Sunny Isles Beach, Florida, entitled "Effective date for
enforcement," is hereby amended as follows:
§ 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
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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
outreach program shall be administered for a minimum period of 9G 30 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.
\ti 1^t F
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711
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PASSED AND ADOPTED on first reading this .may of February 2026.
PASSED AND ADOPTED on second reading thisay�f IOarch 2026.
r, CIVIC, City Clerk
Larisa Svechin, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Alain E. Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
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First Reading
Second: J O-4�
Vote on First Reading:
Mayor Svechin
Vice Mayor Viscarra
Commissioner Joseph
Commissioner Lama
Commissioner Stuyvesant
Vote on Second Reading:
Mayor Svechin
Vice Mayor Viscarra
Commissioner Joseph
Commissioner Lama
Commissioner Stuyvesant
Second Reading
Motion: 111cgVls�
Second:
✓
(Yes)
- (Yes)
(No)
(No)
(Yes)
(No)
(Yes)
(No)
(Yes)
(No)
'/ (Yes)
(No)
x— (Yes)
(No)
(Yes)
�(No)
(Yes)
(No)
(Yes)
(No)
02026 Amend Motorized Scooter Ord.docx Page 5 of 5
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
y6 p9 j
o,Tr of 5) �yo (305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
VIA: Stan Morris, City Manager
FROM: Julio Davila, Code Compliance Manager
DATE: March 19, 2026
RE: Ordinance Amending City's Code of Ordinances Chapter 256 Relating to
Motorized Scooter Regulations
RECOMMENDATION:
Staff recommends adoption of this ordinance.
REASONS:
Per direction given by the City Commission in response to SB 462 relating to micromobility regulations,
City staff created a Scooter Safety Improvement Committee to perform research and community
outreach on additional motorized scooter rules. After providing the results of the committee's findings,
the City Commission requested that the City's motorized scooter Code of Ordinances be amended to
reflect additional safety regulations which were also supported in the Committee's survey.
As such, this proposed Ordinance provides the following changes to the existing Code:
• An age restriction of 16 years old or greater to ride a scooter within the City of Sunny Isles Beach
City limits.
• Requirement for all individuals 16 years old or greater to have a government issued ID when
riding a motorized scooter.
• Removal of the helmet requirement for all individuals younger than 16 years of age.
• A modification of the fine schedule for all violations in this section to be $250 for a first offense
and $500 for all subsequent violations.
• An educational outreach period of 30 days after the adoption of second reading.
Item Number: 8.A
46
ADDITIONAL INFORMATION:
The adoption of this Ordinance will have a financial impact on the City budget due to the need for
additional enforcement personnel for a period of time to ensure compliance.
ATTACHMENTS:
Ordinance
Item Number: &A
47