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HomeMy WebLinkAboutOrdinance 2018-532 ORDINANCE NO. 2018-532— AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 208-2 OF THE CITY CODE TO INCLUDE AUTHORITY TO IMPOUND ABANDONED DOCKLESS SHARED-USE BICYCLES WITHIN CITY RIGHTS—OF-WAY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, other neighboring cities have entered into programs with a number of dockless shared-use bicycle rental programs; and WHEREAS, there has been a recent influx of dockless shared-use bicycles, including privately owned bicycles available for public rental, left abandoned on rights-of-ways, including sidewalks and bridges, throughout the City of Sunny Isles Beach; and WHEREAS, these dockless shared-use bicycles are obstructing the City rights-of-ways and are public nuisance; and WHEREAS, the City Commission wishes to amend Section 208-2 of the City Code to impound abandoned dockless shared bicycles, including privately owned bicycles available for public rental. 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 Section 2. Amendment. Section 208-2 of the City Code is amended to read as follows: § 208-2.—Abandoning of personal property on public property. A. It shall be unlawful for any person to leave, abandon, cause to be abandoned or permit to • be left any personal property, owned by him, her or it or in his, her or its possession, custody or control upon such sidewalk, street, rights-of-way, or upon public property. B. All dockless shared-use bicycles. including privately owned bicycles available for public rental. that are abandoned. or caused to be abandoned on the sidewalk. street. riuhts-of-way. or upon public property shall be subject to impound. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause of 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, clauses, 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 section 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. Section 5. Repealer. All ordinances or parts 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 the second reading. PASSED AND ADOPTED on the first reading the S day of Se1M - 2018. PASSED AND ADOPTED on the second reading the « day of 400rOV--- 2018. 1011F George H Scholl, Mayor ATTEST: A, I Mauricio :etancur, CMC, City Clerk APPROVED AS TO FORM AND E I, • L SUFFICIENCY: Aruir ans Ottinot, ity Attorney Vote: Mayor Scholl ✓ (Yes) (No) Vice Mayor Goldman (Yes) (No) Commissioner Aelion -,(Yes) (No) Commissioner Gatto (Yes) (No) Commissioner Svechin 1 (Yes) (No) is City Commission 75!)tANY RFs City of Sunny Isles Beach George"Bud"Scholl,Mayor F 18070 Collins Avenue, Suite 250 Dana Goldman, Vice Mayor '3: • n Isaac Aelion, Commissioner 1r ,'..r� �_ : Sunn} Isles Beach, Florida»160 Jeanette Gatto,Commissioner } Larisa Svechin,Commissioner (305)947-0606 City Hall _ * (305)949-3113 Fax ' 99, �oP �P (305)947-2150 Building Department Christopher J.Russo City Manager F * p toy 5 Hans Ottinot,City Attorney C'TY OF sus ''`'') (305)947-5107 Fax islauricio Betancur,CiIC,City Clerk MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Hans Ottinot, City Attorney DATE: September 20, 2018 RE: Amending Section 208-2 of the City Code to Require Impoundment of Abandoned Dockless Shared-Use Bicycles on City Rights-of-Way. RECOMMENDATION This Ordinance is presented for your consideration. REASONS Due to the use of dockless shared-use bicycles programs in neighboring cities, there has been a recent influx of bicycles left abandoned on property of the City. In an effort to discourage the abandonment of dockless shared-use bicycles in the City, the proposed Ordinance will provide regulations in regards to these bicycles which specifies that, if abandoned, they will be subject to impoundment and the City can dispose of the bicycles. This Ordinance was requested by the Office of the City Manager.