HomeMy WebLinkAboutO-10179OnfNANCE NO ,
0170
AN EMERGENCY ORDINANCE AMENDING ORDINANCE
NO, 10100, ADOPTED APRIL 22, 1086, WHICH
REGULATES NONMOTbRIM VEHICLES FOR HIRE, EY
REMOVING THEA9PROM A TIME LIMITATION SET
FORTH THEREIN UPON THE OPERATION OF HUMAN --
POWERED VEHICLES IN THE CENTRAL COCONUT GROVE
DISTRICT; ALSO, BY ADDING THERETO ADDITIONAL
RESTRICTIONS AND REGULATIONS UPON THE CONDUCT
OF CHAUFFEURS OF NONMOTORIZED VEHICLES; AND;
EY ADDING THERETO AN ADDITIONAL REASON FOR
DENYING, SUSPENDING, OR REVOHING THE
OCCUPATIONAL LICENSE OF THE PERSON ENGAGED IN
BUSINESS AS THE OWNER OR PROPRIETOR OF A
VEHICLE REQUIRING A LICENSE UNDER SAID
ORDINANCE; MOl,E PARTICULARLY AMENDING SECTION
2D(3), SECTION OA(2), AND SECTION SB OF SAID
ORDINANCE; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. Sections 2, 3, and 5 of Ordinance No. 10100,
adopted April 22, 1986, which Ordinance regulates nonmotorized
vehicles for hire, are hereby amended in the following
particulars:l
"Section 2. OCCUPATIONAL LICENSE.
D. Denial suspension and revocation.
Any license issued hereunder may be denied,
suspended or revoked in accordance with the
procedures contained in City Code Chapter 31
for the following causes reasons:
(1) Fraud or misrepresentation contained in
the application for the license;
(2) Where any operator has failed to comply
with any of the provisions of this
ordinance or has willfully or knowingly
violated any such .provision, o
Words and/or figures stricken through: shall be deleted.
Underscored words and/or figures shall be added, The
remaining provisos are now n effect and remain unchanged.
AstertsXs indicate omitted and unchanged material,
(3)
Where . any- ,op - raor... ha S 06iid11Ot the
liceft8t . business in ;hush Itahn'er M as
to Oreate a publib nuisance, . or ttt
tcr endanger the
public health, safety or welfare,,... or.
knoying12 and unneoessarily impede the
flora of vehicular of ,pedestrian traffic .
Seotion 3 . OPERATIONS
,
A. pestriotions.
(2)
Licenses covering human -powered vehicles
issued under the provisions of City Code
=°
Chapter 31to operators shall be
applicable within certain areas of the
City. There shaft! be no operabtoir of
So�itti Bay,
iitghway. All general areas, hours and
schedules of operation must be approved
by the Police Department each -time a
license is issued or renewed. A
thorough description, including maps,. if
deemed necessary by the Police
Department of the proposed areas to be
served or utilized in transporting
passengers, including a schedule of
S.
proposed rates and charges for each area
or trip offered to passengers must be
subMitted at time of license application
and. renewal, The City Commipajon, after
+, 0,
A Publib hearing which shall hate beet
the sl.b,ject of a published n6ti0e
advertised in a newspaper of genepal
circulation at least iC days in Advance,
has the right to change, modify or
revoke approved areas and/or hours at
any Mime if in its determination the
operation of a Vehicle is unreasonably
and negatively affecting the safety and
efficient flew of vehicular or
pedestrian traffic.
The operator may, in writing, request
the Police Department to change or
modify: the, approved ,areas and hours
which requested change or modification
shall be granted if the Police
Department determines that such change
is reasonable and has no negative effect.
t
upon the safety and efficient flow of
vehicular, and pedestrian traffic.
Failure to grant the, request within
fifteen (15) days from the date such
written request is filed in the Office
of ,the Chief of Police shall be subject
to appeal, The appeal shall be to the
City Commission and must be in writing
:,.
and filed in the Office of the City
-
Clerk within forty-five,(45) days from .
s;
the date such original written request
was filed in the Office of the Chief o
Police, The City Commission' shall
sohedulb a hearing thereon within forty-
five (45) days after receipt. of said
appeal by the City Gorr .
Its
_,' -„
y�,�yyy!`y/�{y� //CC�pyy {y■p yyp•�yyyyy!�yi y}��yg; - ,
A.
.3-ited Cwiduot .
No vehicle
chauffeur shall:
(1)
leave any nonhuman -powered vehicle
u�iattende�. ;
(2)
store, park or leave any vehicle
overnight on any street or sidewalk, or
park any vehicle other than in a
regularly marked space, in conformance
with the City. County and State parking
#.
rF: `
regulations;
(3)
operate in an area or at a time other
than the ones approved by the City;
(4)
use any noise -making device after 9:00 ,
P.M. except during special events, and
;!
at no time shall such chauffeur use its
traffic warning device on any vehicle,
except to give necessary signals while
in traffic; and any chauffeur who
violates the provisions of this
-''
paragraph, upon written notice.from the
City Manager or his/her authorized
representative, shall remove said noise-
-making device from the vehicle or reduce
the volume, on such noise -making device
so that the same shall not be in
violation of this paragraph. Failure to
comply with such notice shall also
s
subject such chauffeur to other
penalties as set forth in this
oz'sl.nance ;
have his/her vehi els in motion while
anyone is etauding or while anyone is
sitting anywhere other than is the
�,:_
paosenger seats thereof, ,
C)
6611tot fares, Make 6harige er t6ke on or
disohar ft paseetigers WhiI6 the vdhiole
is in fn6tion;
C7�
operate any vehiolt in such a matinee
that would dldatly jeopardite the 8af6ty
of the p&8tongere transported heroin;
(8)
operate a vohicle in suoh a way as to
f -
intentionally itapode automobile traffic
or create a hazardous situation; trr
(9)
park the vehicle in a manner so as to
disrupt the flow of automobile traffic
on public streets, roads, and
thoroughfares, or so as to impede the
flow of pedestrian traffio--
(10)
operate a vehicle in disregard of any
traffic control device:
(11)
operate a vehicle in disregard of
applicable state traffic. Laws:
y:...;.
(12),execute
a turn at other than a street
intersection:
(13)
obstruct vehicular and pedestrian
traffic by unnecessarily weaving or
changing lanes of travel:'
rt
(14)
(a)' operate, maneuver. incline, spin.
tilt, tip. slope , or position a
_human -Powered vehicle in any manner
,. '
that would unnecessarily ace
assengers in any position- other
than seated gnright: or
(b)raise- drawbars higher
of rickshaws
than the shoulders of the chauffeur
at any time gassanggrs are, being
parried in salt hulgan
`Xeh
t „
777
grate a �tehlt�le upon the sidewalk
�iortion of �, .�u��:ic right bf wad'; ter
r I , p(B�atd a ye'hio e in the wrong. direction
on a Ones, I street,
Seotion P. it, is the intention of the City Commission that
the provisions of this ordinance shall become and be made a part
;-
of the Code Of the City of Miami, Plorida, as amended, which
p ovisions may be renumbered or relettered and that the word
"ordinanoe" may be changed to "section", "article", or other
appropriate word to accomplish such intention.
Section 3. This ordinance is hereby declared to be an
emergency, measure on the grounds of urgent public need for the
preservation of peaoe, health, safety, and property of the City of
Miami.
Section 4. The requirement of reading this ordinance on
two separate days is hereby dispensed, with by an affirmative vote
of not less than four -fifths of the members of the Commission.
Section 5. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this ordinance are hereby repealed.
Section 6., If any section, part. of section, paragraph,
clause, phrase or word of this ordinance is declared invalid, the
remaining provisions of this ordinance shall not be affected.
PASSED AND ADOPTED this 13t-r day of 1986.
XAVIER L : SWVEZ , MAYOR
ATT.
`
MATTY HIRAI; CITY CLERK
PREPARED AND APPROVED BY* APPROVE AS TO FORM AND
CORRE �S
RQBR LARK LUCIA A, DOUGHER
CH19F DEPUTY CITY ATTORNEY CITY'ATTORNEY
AFC/bso/H47
RECOMAERDA"TIM.
It is respectfully recommended that the City Commission adopt the
attached emergency ordiman c'e amending the Nonmotorized Vehicle
b,rdinance. The proposed ordinance contains specific amendments
necessary to provide stricter regulation for the safe operation of
rickshaws thereby preventing any disruption of traffic flow. The
proposed or di nance al so removes time limitations. upon the
operation of rickshaws in the Central Coconut Grove District. The
City Commission has indicated that the proposed ordinance will be
considered' as an emergency measure at its meeting of November 131
1986..
BACKGROUND:
The Department of Polices recommended that the City Commission
adopt Ordi nance No. 10100 providing for the regul ation, location,
and operation of,' nonmotorized vehicles for hire on the streets ,and
sidewalks of the City of Miami Upon adoption of the 'ordinance'
the Commission directed the Department of Police to determine if
operation. of rickshaws interfered with, or impeded traffic 'i n` the
Central Coconut Grove :District during , Friday and Saturday
evenings.
The Department of Police with assistance from the Planning
Department conducted a study and concluded that rickshaw
operations do. not cause a signi fi cant traffic problem, but certain
aspects of their operation 'required strict regulation.
During its meeting of October, 23, 19.86 the City Commission
directed. the Department of Police to provide an or.di.nance that
would adequately govern, rickshaw operations. To do this and to
promote publ ic.,safety the specific provisions . Listed below are
recommended as amendments to the Nonmotorized Vehicle Ordinance.,
r.
k
iiiiiii
_ mrmnnn NOW _
di" 6P MIAW, PL, 010A
IN'TO.Op lee MRM014ANDUM
Honorable ;Mayor & eats: NY 19 6iL:
Members of the City
CotiA#Ss'#on sua�Ect: proposed Nonmotorized
Vehicle Ordinance
Cesar H ► Od i o
RLFEhEN�Es:
City Manager
ENCLCSURSS:
RECOMMENDATION:
I is respectfully recommended that the City Commission adopt the
attached emergency ordinance amending the Nonmotorized Vehicle
Ordinance., The proposed ordinance contai ns specific amendments
necessary to provide stricter regulation for the safe operation of
-`
rickshaws thereby preventing any disruption of traffic flow. The
proposed ordinance also removes time limitations upon the
operation of rickshaws in the Central Coconut Grove District. The
City Commission has Indicated that the proposed ordinance will' be
considered as an emergency measure at its meeting 'of November 13,
1986.
BACKGROUND:
The Department of Police recommended that the City Commission
adopt Ordinance No. 1010.0 providing for the regulation, location,:
and operation of nonmotorized vehicles for hire on ,the streets, and
sidew;aiks ,of'' the City of Miami. Upon adoption' of the ordinance
the' Commission di rented the Department of Pori ce to determi ne i f
operation of rickshaws.interfered with, or impeded traffic in the
Central Coconut Grove District during Friday and Saturday
evenings.
The Department of Police with assistance from the Planning,
Department ::conducted a study and concluded that rickshaw
operations do not cause a significant traffic problem but certain
aspects of their operation required strict regulation.
During its meeting of October 23, 1986 the City Commission
directed the.. Department of Pol ice to provide an ordi nance that
would adequately govern rickshaw op'erat,ions. To do this and to
promote publ ic' safety the specific provisions 1 fisted below are
re_comine nded:as amendments to the Nonmotorized Veiiicl,e„Ordinance.
H60nble Mayor MehmbLisr§
.of the City Commission
Page 2
Additional language is to be added to paragraph 3 of Subsection 0
oead:f Section 2, Oce
4pational License which paragraph s h a 11 then
r
-0. Denial, -$Usp_#nsion and, revocation,,.
,&;;z - I rahed issue rl 9'9* V. 9: 1 9'A 9 1 V. - - M i K A n 4 A 6 A A A A
a U
revoked in accordance with the procedures contained in City
Code Chapter 31 for the following reasons:
(3) Where any operator has conducted the licensed business in
such manner so as to create. a public nuisance, or endanger the
public heal t h, safety or wel fare, or know i ngl'y a n d
unnecessarily impede the flow of vehicular or pedestrian
t ra'f f i c.
f 0 11 OW
The I ng addi,tional, paragraphs are to be added to Subsection
B of Section 5.' Chauffeurs. B. No vehicle chauffeur shall:
T
(10) Operate a vehicle in disregard of any traffic control
device.
i i Operate a vehicle in disregard, of applicable state
r.
traffic laws.
(112) Execute a turn at other than a street intersection.
13 Obst:ruct vehicular and pedestrian traffic by
unnecessarily: weaving g Or changing lanes of, travel
,
V,
P',spp, sl ope or14a 0erae manuverncnei n, til t,
position a vehicle in any manner that would
unnecessarily pl ace passengers in any position other
than. seated upright; or
.(14bj Raise drawbars of ric.kshaws higher, than the sho'ulders of
the chauffeur at any time passengers are being carried in
said human-ppwered vehicle;
di" oft WAMI, 066AMA
iNTC144Ply"iCM_ FriffMOAAN*UM
�.
Cesar H.. Odi6o City MaMa9`er bAtt October 10, 1986
Att: Alberto Ruder
gUbJtC, Amendment of Grdinance
�e�ulating Nanttotorl2ed
Vehicle's ( 4 10 10 0)
aaM
c;i A► rough ty FIErItAENGEs' City Cbtttti sion Meeting
City Attorhey Agenda November 13, 1086
tNCLOSUAES.
Attached find a, proposed ordinance amenr]ing the subject
ordinance as directed in Motion #86836 adopted by the City
<. .
Comrnlaaion at its meeting of October , 1986. We have d afted
{;.
the proposed ordinance which L remotes the weekend evening
x
prohibition as an emergency measure because of the demonstrated
zy"
non -disruptive impact on traffic resulting from the presence of
properly operated rickshaws in: the Coconut Grove Downtown
{'
District.
.
LAD/IIFC/wpc/ab/P006
CC,. Col. Arthur.Vincent
"Miami Police"Department
h
ve
coc
�820 Mcf`ARLANE Ft(7ACi
G'OCONUt tROVE, FLOhIbA 33133
citAw � (30s) 444-1210
November 7, 1985
Cesar H, Odio
City Manager
3500 Pan American Drive
Miami, Florida 33233
Dear Cesar:
In keeping with the meeting of the Board of. Directors of the Coconut
Grove Chamber of Commerce, I am writing this letter expressing the
Chambers positive support for Rickshaws operating in the Commodore
Plaza Business District, under the following conditionst
a, The Chamber of Commerce.will institute a 'DRIVER NICE' Program
similar'to the Barry Colle9e 'MIAMI NICE' Program that was
instituted for taxi cab drivers. Our program will outline
verbally and in written form; the rules of courtesy, correct
procedures for operating a Rickshaw in public, and the safety
procedures necessary in operating a Rickshaw with regard to
both the riders) and the motorists.
b. That all Rickshaws would have headlights, taillights or reflectors,
be properly iiscenced individually and be properly insured,
protec.ting,the passenger, the motorist, the.pedestrian and to hold
the city harmless.
c. That -there be a specif
in,the Commodore Plaza
CITY OF MIAMI
LIMAL NOTICIA
All ihterested Der"sons will fake notice thAt ort file 13th flay ill
November, 1986, the City Commission of Miami, Florida, adopted:the
following tilled ordinances: l
" tORb►NANCE NO. i01f'�
AN EMERGENCY ORDINANCE AMENDING SECTIONS 1; 2,
3, 4, 5 AND 6 OF ORDINANCE NO. 10039, THE ANNUAL
APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR.
ENbING sotEMOER 30 1986, AND ADDING A NEW SEC- _
TION,S,i tO SAID WIDINANCE"FOR THE PURPOSt�'OF
POAMAL121NO CITY COMMISSION ACTIONS:ANIJ
IMPLIA1M I REVIEWWITHEMENTING GENERALLgY ACCEPTED ACCOUNTING PRINCIPALS
Published bail except Saturday, and AS OUTLINED BY THE CITY`S EXTERNAL AUOITORS;
y y y CONTAINING A REPEALER PROVISION AND A SEVERAgIU
Legal Holidays ITY CLAUSE.
Miami, Oade County, Florida. ORDINANCE NO. 10178
STATE OF FLORIbA
COUNTY OF bAOE: AN EMERGENCY'ORDI,NANCE AMENDING SUBSECTIONS
Belore the undersigned authority (A)(2) AND (B)(i);AND (2) OF SECTION 30.53, ENTITLED
g y petsonally appeared "GREEN FEES" AND SUBSECTIONS (A)(1) AND (13) OF SEC.
Sookb Williams, who on oath says that she Is the Vice TION 30•54,. ENTITLED ."CART.FEES";.AND SUBSECTIONS "
Presideht of Legal Advertising of the Miami Review, a daily (B) AND (E) OF SECTION 36.55, ENTITLED "SPECIAL RATES`'
(skeepLSatutday, Sunday and Legal Holidays) newspaper, OF THE CODE.OF„THE CITY ;OF MIAMI; FLORIDA, AS
Published at Miami In Dade County, Florida; that the attached AMENDED, BY REVISING THE FEE SCHEDULES"FOR CITY .
copy of advertisement, being a Legal Advertisement of Notice OF MIAMI GOLF. COURSES; CONTAINING` A REPEALER
III the ma fter of
CITY OF MIAMI PROVISION AND A SEVERABILITY CLAUSE. -
ORDINANCE NO.: 10179 ( ORDINANCE NO.10179"
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO,
10100, ADOPTED APRIL r22, 1986,:WHECH REGULATES
NONMOTORIZED VEHICLES FOR :HIRE, BY REMOVING', —
THEREFROM A'.TIME'LIMITATION.SET FORTH THEREIN,
UPON THE OPERATION OF HUMAN•POWEREb VEHICLES
—
n the .. , .. , '... . . . .............. . .. ... Court; IN THE.CENTRAL COCONUT GROVE DISTRICT;ALSO, BY
ras published in said newspaper in the issues of ADDING THERETO ADDITIONAL, RESTRICTIONS, AND, REG..
ULATIONS,UPON THE CONDUCT'OP, CHAUFFEURS: OF
Vov . , 21 , 1986 NONMOTORIZED VEHICLES- AND BY ADDING THERETO
AN, ADDITIONAL- REASON. FOR DENYING,"SUSPENDING,
OR REVOKING THE: OCCUPATIONAL LICENSE OF THE PER-,
SON ENGAGED IN 13USINESS'AS THE OWNER OR PROPRI
ETOR OF,A VEHICLE REQUIRING A.LICENSE'UNDER SAID,'
Atflant' further says that the said Miami Review is a ORDINANCE; ' MORE PARTICULARLY AMENDING SECTION
wspaoer published at Miami un said Oade County, Florida, 20(3); ,SECTION 3A(2),, AND SECTION 5B OF SAID ORDI-
that the said newspaper has heretofore been continuously NANCE:"CONTAINING ' A ,REPEALER PROVISION AND A .
lllshed' in said Dade: County, Florida, each. day (except " urday, Sunday and, Legal Holidays► and has been entered as SEVERABILITY CLAUSE.
and class mail matter at the post office in Miami in said
Is County, Florida, Iota period of one year next preceding, ORDINANCE N0: 10180
first, publication of the attached copy of advertisement; and
nt f her.says that she has neither paid nor promised any
on fi m or corporation an discount, rebate, commission AN EMERGENCY ORDINANCE ABOLISHING,"'THE DEPART -
in for, the. purpose of securing this -advertisement for MENT OFCOMMUNICATIONS .AND: PROVIDING -FOR JHE
Ic t n in the s 'd newspaper. TRANSFER QF'PERSONNEL; RECORDS,, AND.EQUIrMENTL
BUDGETED IN THE FY;1986-'87 BUDGET":OF. SAID.DEPART
.'._:MENT; ALSO CONSOLIDATING,,.FUNCTIONS OF; SAID
,`` ` H • . .. . DEPARTMENT WITH'THE DEPARTMENT;OF COMPUTERS;
rQ�• t^ DEPARTMENT OF'DEVELOPMENT; AND.THE DEPARTMENT''.
J e S. to arid.s c{r�ad before me this - OF COMMUNITY.- DEVELOPMENT'WHILE AUTHORIZING . ,:-
d EXPENDITUR,E'OF. APPROPRIATED' FUNDS BY THE
S. da_y of .'...�'?`aO e1, A.D. t9.,..:86 _ DEPARTMENT OF COMPUTERS, DEPARTMENT OF'.pEVEL
` •' C DEVEL-
OPMENT,
AND.THE DEPARTMENT OF COMMUNITY . "
OPMENT::CONTAINING A:REPEALER PROVISION AND A --
¢{ t i nia 3ialligan SEVERABILITY CLAUSE -
a"o otary bllc, Statq�ot Florida at Large
t)�` L.
ORDINANCE NO 10181
mmission%opi�ras'QepCirt�bqt�`Y3, 1986. AN ORDINANCE AMENDING 'SECTION -2 OF ORDINANCE
9 NO, 10087,'ADOPTED MARCH 18, 1986, WHICH GENERALLY;
REQUIRES THAT PERSONS ENGAGING, IN LOBBYING
ACTIVITIES IN,THE .CITY REGISTER WITH, THE CiTY CLERK
BEFORE" ENGAGING iN LOBBYING ACTIVITIES; BY CLAR1
FYING THE, DEFINITION OF, "LOBBYIST" THROUGH
RESTR.UCTING THE "PROVISIONS OF SAID: SECTION,
ADDING LANGUAGE THERETO'AND'DELETING LANGUAGE
THEREFROM: CONTAINING A'REPEALER PROVISION AND,`` .
A_SEVERABILITY CLAUSE,
Said ordinances) may be inspected by the public at the Office of
the City'Clerk;'35Q0 Pari American Drive,' Miami' Floridar..Monday
through Friday, explyding Holidays; between Ihe'-hours of B:OQ A.M.
and 5:00 P M.
;K (0) y�
MATTY HIRAI
CITY CLERK ;«
.. aw CITY OF MIAMI. FLORIPA
04104),
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