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Resolution
Sponsored by: Commissioner Alex Diaz de la Portilla
A RESOLUTION OF THE MIAMI CITY COMMISSION MODIFYING RESOLUTION NO.
R-22-0028 ADOPTED ON JANUARY 13, 2022 TO PLACE AN OPERATIONAL HOLD
ON, RATHER THAN REVOKE, ANY MOTORIZED SCOOTER OPERATOR LICENSES
FOR NONCOMPLIANCE WITH ANY REGULATION RELATED TO THE PUBLIC
SAFETY, HEALTH, OR WELFARE INCLUDING BUT NOT LIMITED TO THE
REGULATIONS CODIFIED IN CHAPTER 8, ARTICLE II OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, AND ANY ADDITIONAL RULES AND
REGULATIONS PROMULGATED BY THE CITY MANAGER INCLUDING BUT NOT
LIMITED TO THOSE REGULATIONS CONTAINED IN RESOLUTION NO. R-21-0486
ADOPTED NOVEMBER 29, 2021; ESTABLISHING A REINSTATEMENT PROCESS;
AND PROVIDING AN EFFECTIVE DATE.
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11 eA Legislation Miami, FL 33133
Resolution www.miamigov.com
Enactment Number: R-22-0126
File Number: 11687 Final Action Date:3/24/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION MODIFYING RESOLUTION NO.
R-22-0028 ADOPTED ON JANUARY 13, 2022 TO PLACE AN OPERATIONAL HOLD
ON, RATHER THAN REVOKE, ANY MOTORIZED SCOOTER OPERATOR LICENSES
FOR NONCOMPLIANCE WITH ANY REGULATION RELATED TO THE PUBLIC
SAFETY, HEALTH, OR WELFARE INCLUDING BUT NOT LIMITED TO THE
REGULATIONS CODIFIED IN CHAPTER 8, ARTICLE II OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, AND ANY ADDITIONAL RULES AND
REGULATIONS PROMULGATED BY THE CITY MANAGER INCLUDING BUT NOT
LIMITED TO THOSE REGULATIONS CONTAINED IN RESOLUTION NO. R-21-0486
ADOPTED NOVEMBER 29, 2021; ESTABLISHING A REINSTATEMENT PROCESS;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 8, Article II of the Code of the City of Miami, Florida, as amended
("City Code"), currently allows for and provides regulations related to Motorized Scooters; and
WHEREAS, while Motorized Scooters serve an important need for the City of Miami's
("City") residents and visitors, they also pose serious safety risks that the City Commission finds
of the utmost importance to ameliorate; and
WHEREAS, in addition to the regulations found in Chapter 8, Article II of the City Code,
the City Manager has also administratively issued, promulgated, and established additional
rules and regulations pursuant to Section 8-10(a) of the City Code; and
WHEREAS, on November 29, 2021, the City Commission adopted Resolution No. R-21-
0486 directing the City Manager to issue, promulgate, and establish additional rules and
regulations, specifically as follows: there shall only be two (2) Motorized Scooters per vendor
per block; the maximum speed of the Motorized Scooters shall be lowered to ten (10) miles per
hour in bicycle lanes and streets and shall be seven (7) miles per hour on any sidewalk,
baywalk, and in parks; and Motorized Scooters shall only be made available from 6:00 a.m. -
9:00 p.m.; and
WHEREAS, also during the November 29, 2021 Special City Commission meeting, the
use of helmets was imposed and agreed to by Motorized Scooter Operators; and
WHEREAS, the Motorized Scooter Operators were notified on November 29, 2021 that
they may resume service subject to the additional safety measures and regulations put in place
including requiring use of helmets by scooter riders, limiting hours of operation from 6:00 a.m. to
9:00 p.m., having no more than two (2) Motorized Scooters per City block per vendor/operator,
and reducing the speed limit to ten (10) miles per hour in bicycle lanes and streets and seven
(7) miles per hour on sidewalks; and
WHEREAS, Section 8-11(g) of the City Code further provides that "[t]he City Manager,
or his or her designee, reserves the right to cancel any license, if there is a violation of the
Article, violations involving public health, safety or general welfare, failure to maintain the
required insurance or bonding or otherwise comply with this Article, or for other good and
sufficient cause as determined by the City Manager in his or her sole discretion"; and
WHEREAS, Resolution No. R-22-0028 adopted by the City Commission on January 13,
2022 directed the City Manager to immediately revoke any Motorized Scooter Operator
Licenses for noncompliance with any regulations related to the public safety, health, or welfare;
and
WHEREAS, the City Commission finds it in the best interest of the City and its residents
to modify Resolution No. R-22-0028 adopted on January 13, 2022 to place an operational hold
on, rather than revoke, any Motorized Scooter Operator Licenses for noncompliance with any
regulation related to the public safety, health, or welfare including but not limited to the
regulations codified in Chapter 8, Article II of the City Code, and any additional rules and
regulations promulgated by the City Manager including but not limited to those regulations
contained in Resolution No. R-21-0486 adopted on November 29, 2021; and
WHEREAS, the City Commission further finds it necessary and in the best interest of the
City and its residents to establish a reinstatement process; and
WHEREAS, those Motorized Scooter Operator Licenses that have been revoked
pursuant to Resolution No. R-22-0028 adopted on January 13, 2022 shall be placed on an
operational hold, not revoked, and may be reinstated upon the submission of a plan to comply
with all City regulations related to the operation of Motorized Scooters and approval of said plan
by the City's Department of Resilience and Public Works; and
WHEREAS, upon reinstatement, any Motorized Scooter Operator License may be
subsequently placed on an operational hold if thereafter found in noncompliance with the
regulations as stated herein;
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 City Commission hereby modifies Resolution No. R-22-0028 adopted on
January 13, 2022 to place an operational hold on, rather than revoke, any Motorized Scooter
Operator License(s) for noncompliance with any regulation related to the public safety, health,
or welfare including but not limited to the regulations codified in Chapter 8, Article II of the City
Code and any additional rules and regulations promulgated by the City Manager including but
not limited to those regulations contained in Resolution No. R-21-0486 adopted on November
29, 2021.
Section 3. The City Commission further hereby establishes a reinstatement process as
stated herein for Motorized Scooter Operator License(s).
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
Vf ria i dez, ity ttor ey 3/15/2022
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.