HomeMy WebLinkAboutOrdinance 2026-652ORDINANCE NO. 2026 - U57Z'
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, CREATING ARTICLE VII, IN CHAPTER 256, ENTITLED
"PERSONAL DELIVERY DEVICES AND MOBILE CARRIERS," AND CREATING
SECTION 256-50, ENTITLED "SAFE OPERATION OF PERSONAL DELIVERY DEVICES
AND MOBILE CARRIERS," IN THE CODE OF ORDINANCES OF THE CITY OF SUNNY
ISLES BEACH, TO ESTABLISH REGULATIONS FOR PERSONAL DELIVERY DEVICES
AND MOBILE CARRIERS OPERATING WITHIN THE CITY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 316.2071, Florida Statutes, authorizes the operation of personal
delivery devices and mobile carriers on sidewalks and crosswalks, and expressly permits local
governments to impose additional regulations related to their safe operation; and
WHEREAS, the City of Sunny Isles Beach is a pedestrian friendly community with narrow
sidewalks, heavy pedestrian traffic, and unique public safety and mobility concerns; and
WHEREAS, the operation of personal delivery devices and mobile carriers has raised
concerns from residents and visitors regarding sidewalk obstructions, tripping hazards, and
visual distractions; and
WHEREAS, the City Commission finds it necessary to ensure that these devices operate
in a manner that is highly visible, predictable, and actively monitored in order to safeguard
public safety; and
WHEREAS, the City seeks to maximize safety while allowing the continued use of
personal delivery devices and mobile carriers under clearly defined safety parameters; and
WHEREAS, the City Commission desires to adopt reasonable regulations that require
enhanced visibility measures, active monitoring, adequate insurance, and proper
documentation from operators of personal delivery devices and mobile carriers; and
WHEREAS, the Mayor and City Commission find that these regulations are in the best
interests of public health, safety, and welfare:
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 by this Ordinance
upon adoption hereof.
t 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 strikefluough and deletions on second reading are shown as
stf-iketIffough.
Page 1 of 4 20
Section 2. Creation of Article VII, Chapter 256, and Section 256-50. Article VII, in Chapter
256, of the City's Code of Ordinances, entitled "Personal Delivery Devices and Mobile Carriers,"
and Section 256-50, entitled "Safe operation of personal delivery devices and mobile carriers,"
are hereby created as follows:
ARTICLE VII — Personal Deliver Devices and Mobile Carriers
§ 256-50 — Safe operation of Personal Delivery Devices and Mobile Carriers
A. Definitions. For the purposes of this section, the terms "Personal Delivery Device" and
"Mobile Carrier" shall have the meanings provided in Section 316.003, Florida Statutes,
as may be amended from time to time. As used in this section, the term "Devices" shall
be deemed to include both personal delivery devices and mobile carriers.
B. Visibility Enhancements Required.
(1) All Devices operating on public sidewalks or crosswalks must be equipped with a
vertical safety flag or pennant mounted at least 36 inches above the top of the
Device to increase visibility to pedestrians.
(2) All Devices must emit a periodic audible sound (e.g., beeping) when in motion,
sufficient to alert nearby pedestrians of their presence.
(3) All Devices must be equipped with forward -facing and rear -facing lights or
reflectors that are clearly visible from a distance of at least 100 feet during low -
light conditions.
C. Active Monitoring Documentation. Prior to operating within City limits, the operator of
any Device shall file with the City Manager or designee:
(1) Documentation satisfactory to the City that the operator maintains active
control or monitoring of the devices in compliance with Section 316.2071(3)(b),
Florida Statutes.
(2) A 24-hour operator contact number.
D. Insurance and Liability Requirements.
(1) Operators of Devices must submit annually to the City a certificate of insurance
demonstrating general liability coverage of not less than $100,000 per
occurrence, naming the City of Sunny Isles Beach as an additional insured and
waiving rights of subrogation against the City.
(2) Operators of Devices must execute a hold harmless and indemnification
agreement in favor of the City.
Page 2 of 4 21
E. Operational Restrictions.
(1) Devices must comply with all requirements set forth in Section 316.2071, Florida
Statutes.
(2) Devices shall not obstruct pedestrian movement or impede access to buildings,
ADA ramps, fire hydrants, transit stops, or public infrastructure.
(3) Devices must yield the right-of-way to all pedestrians at all times and may not
exceed a maximum speed of eight (8) miles per hour on sidewalks or crosswalks.
(4) No Devices may remain idle or stationary on a public sidewalk for longer than
thirty (30) consecutive minutes unless engaged in active delivery or retrieval.
F. Permit Required.
1) No Derson or entitv shall operate a Device within the Citv without first
registering with the City and receiving an annual Personal Delivery Device
("PDD") Operation Permit pursuant to procedures set forth by the City Manager
or his or her designee. The total cost of the PPD Operation Permit shall be $100
per device utilized at any one time in the city.
(2) The City Manager or his or her designee may deny, suspend, or revoke a permit
for noncompliance with this section.
G. Enforcement and Penalties.
(1) Operators of Devices regulated pursuant to this section shall have an initial six
(6) month grace period after its effective date to comply with its provisions.
(2) Violations of this section after the initial six (6) month grace period shall be
subiect to enforcement pursuant to Chapter 14 of the City's Code of Ordinances,
and may result in fines, impoundment of the Device, or suspension of the
operator's PPD Operation Permit.
Section 3. Severability. The provisions of this Ordinance are declared to be severable and if
any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be
invalid or unconstitutional, such decision shall not affect the validity of the remaining sections,
sentences, clause, and phrases of this Ordinance but they shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. It is the intention of the Commission, 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 Sunny Isles Beach, Florida; and that the sections of this Ordinance may be
renumbered or relettered to accomplish such intentions; and that the word "ordinance" shall be
changed to "section" or other appropriate word, as required.
Page 3 of 4 22
Section 5. Repealer. All ordinances or part of ordinances in conflict herewith be and the
same are hereby repealed.
Section 6. Effective Date. This Ordinance shall be effective ten (10) days after adoption on
second reading.
PASSED AND ADOPTED on first reading the t(�ay of April, 2026.
PASSED AND ADOPTED on second reading the Aay of y, 2026.
Larisa Svechin, Mayor
Ma�ricio Betakur, CIVIC, City Clerk
First Reading
Motion: GkP((' 1D"EP--
`r
/dL Se
Second: V �CYG 1'G�7 V
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
A ain E. Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
Second Reading T
Motion:
Second: (r D k4�l
Vote on First Reading:
MayorSvechin
✓
Vice Mayor Viscarra
(Yes)
(No)
(Yes)
(No)
Commissioner Joseph
(Yes)
(No)
Commissioner Lama
(Yes)
(No)
Commissioner Stuyvesant
(Yes)
(No)
Vote on Second Reading:
/
Mayor Svechin
" (Yes)
(No)
Vice Mayor Viscarra
(Yes)
(No)
Commissioner Joseph
(Yes)
(No)
Commissioner Lama
(Yes)
(No)
Commissioner Stuyvesant
(Yes)
(No)
Page 4 of 4 23
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BUSINESS IMPACT ESTIMATE
Posted To Webpage on
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, CREATING ARTICLE VII, IN CHAPTER 256,
ENTITLED "PERSONAL DELIVERY DEVICES AND MOBILE CARRIERS," AND
CREATING SECTION 256-50, ENTITLED "SAFE OPERATION OF PERSONAL
DELIVERY DEVICES AND MOBILE CARRIERS," IN THE CODE OF
ORDINANCES OF THE CITY OF SUNNY ISLES BEACH, TO ESTABLISH
REGULATIONS FOR PERSONAL DELIVERY DEVICES AND MOBILE CARRIERS
OPERATING WITHIN THE CITY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEALER; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
Part I.
Summary of the proposed ordinance and statement of public purpose:
Personal mobile delivery devices are a new technology being introduced in several municipalities
as an additional means to deliver food, groceries, and packages. The State of Florida has
determined that these devices hold similar rights to pedestrians and are allowed on sidewalks
and public rights -of -way. While municipalities are not authorized to ban them, they can create
local ordinances to regulate the safe operation of these devices. Municipalities may enact
ordinances related to travel speed, idle times, safety identification, insurance requirements,
registration/permits, and operational restrictions. Upon direction from the City Commission, the
Code Compliance Division presents the proposed ordinance as a means to maximize the safety
of community members as a result of these new personal mobile delivery devices. The proposed
ordinance is intended to regulate the scope of how mobile delivery devices operate in the City.
These regulations includes: Visibility enhancement requirements Active monitoring
documentation Insurance requirements Operational restrictions Permit requirements.
Part II.
Estimate of the direct economic impact of the proposed ordinance on private, for -profit
businesses in the City of Sunny Isles Beach:
a. Estimate of direct compliance costs that businesses may reasonably incur if the proposed
ordinance is enacted:
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The cost will be limited to the operators of personal delivery devices and mobile carriers
(hereinafter collectively "Devices") and will include the retrofitting of Devices to conform to the
safety and operational requirements set forth in the proposed Ordinance, only to the extent such
requirements are supplemental to the existing safety and operational requirements of Section
316.2071, Florida Statutes. For example, the cost of obtaining and maintaining insurance in the
amount of no less than $100,000, required in the proposed Ordinance, is already mandated in
Section 316.2071, Florida Statutes, and therefore, would not be a cost of compliance with the
proposed Ordinance. The cost of compliance per unit/Device for any supplemental operational
and safety requirements not already mandated by Section 316.2071, Florida Statutes, is unknown.
b. Identification of any new charges or fee on businesses subject to the proposed ordinance,
or for which businesses will be financially responsible; and
Fees for an annual Personal Delivery Device (PDD) Operational Permit in the amount of $100
per unit/Device utilized in the City.
c. 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.
Unknown at this time. The operation of Devices in the City is new and recent, and the City is
unaware of how many units/Devices are operating in the City.
Part III.
Good faith estimate of the number of businesses likely to be impacted by the ordinance:
Only the operators of Devices would be impacted.
Part IV. Additional Information (if any):
None.
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• Insurance requirements
• Operational restrictions
• Permit requirements
ATTACHMENTS:
Ordinance
Business Impact Estimate
Item Number: 8.6
19
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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
VIA: Stan Morris, City Manager
FROM: Julio Davila, Code Compliance Manager
DATE: May 14, 2026
RE: Personal Mobile Delivery Devices
.RECOMMENDATION:
Staff presents this item for commission's consideration.
REASONS:
Personal mobile delivery devices are a new technology being introduced in several municipalities as an
additional means to deliver food, groceries, and packages. The State of Florida has determined that
these devices hold, similar rights to pedestrians and are allowed on sidewalks and public rights -of -way.
While municipalities are not authorized to ban them, they can create local ordinances to regulate the
safe operation of these devices. Municipalities may enact ordinances related to travel speed, idle times,
safety identification, insurance requirements, registration/permits, and operational restrictions.
Upon direction from the City Commission, the Code Compliance Division presents the following
ordinance as a means to maximize the safety of community members as a result of these new personal
mobile delivery devices.
The proposed ordinance is intended to regulate the scope of how mobile delivery devices operate in the
City. These regulations includes:
• Visibility enhancement requirements
• Active monitoring documentation
Item Number: 8.6
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