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HomeMy WebLinkAboutR-21-0192City of Miami f Legislation Resolution: R-21-0192 File Number: 8964 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 5/13/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE CITY MANAGER, THE DEPARTMENT OF CODE COMPLIANCE, AND THE MIAMI POLICE DEPARTMENT TO BE AWARE OF, INVESTIGATE AND ENFORCE STATE AND LOCAL LAWS, AS ALLOWED, WITH REGARD TO THE RENTING, LEASING, AND OPERATION OF MOTORIZED VEHICLES ("ALTERNATE VEHICLES") THAT HAVE A DISPLACEMENT OF LESS THAN FIFTY (50) CUBIC CENTIMETERS. SPONSOR(S): Commissioner Jeffrey Watson WHEREAS, during the ongoing Novel Coronavirus ("COVID-19") pandemic in the United States, some people have taken to operating businesses in violation of State and Local laws; and WHEREAS, these actions create a danger to both residents, businesses and visitors to our community as their actions can remain hidden and unchecked; and WHEREAS, one such activity is the boom in renting and leasing of motorized vehicles or alternate vehicles, as they are often referred, which have a displacement of less than fifty (50) Cubic Centimeters; and WHEREAS, these alternate vehicles can be motorized scooters, mopeds, golf carts and motorized bicycles or skateboards; and WHEREAS, these alternate vehicles can be seen not only operating on the roadways as lawfully allowed but on sidewalks, bicycle paths, in parks and weaving in and out of traffic creating a hazard for other vehicles and pedestrians; and WHEREAS, Section 2-207 of the Code of the City of Miami, Florida, as amended ("City Code") requires any business operating in the City of Miami, Florida ("City") to apply for and obtain a Certificate of Use ("CU") for the building or premises they use to operate their business from; and WHEREAS, Section 31-26 of the City Code requires any business operating in the City of Miami, Florida ("City") to apply for and obtain a Business Tax Receipt ("BTR") for the business they are operating in the City; and WHERES, Section 322.01, Florida Statute defines motor vehicle as, "any self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guideway, excluding vehicles moved solely by human power, motorized wheelchairs, and electric bicycles as defined in s. 316.003;" and City of Miami Page 1 of 2 File ID: 8964 (Revision:) Printed On: 512012021 File ID: 8964 Enactment Number: R-21-0192 WHEREAS, mopeds and some other alternate vehicles are not exempt from the requirement for the operator to have a valid driver's license pursuant to Section 322, Florida Statute; and WHEREAS, the requirements for operating motorized vehicles and some alternate vehicles in the State of Florida are set forth in Chapter 316, Florida Statues; and WHEREAS, businesses should not be operating in the City without the proper licensure and vehicles should not be operated in the City without the necessary licensing; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Miami City Commission hereby urges the City Manager, the Department of Code Compliance, and the Miami Police Department to be aware of the ongoing problems created by illegal motorized vehicle/alternate vehicle rentals, leasing, and usage and act in such a manner as to enforce State and Local law to stop the illegal activities for the betterment of the health, safety, and welfare of the City and its residents, business and visitors. Section 3. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: 1 i t6ria i ndez, Cify Attor iey 5/4/2021 City of Miami Page 2 of 2 File ID: 8964 (Revision:) Printed on: 512012021