HomeMy WebLinkAboutOrdinanceCity of Miami
Ordinance
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 10797 Final Action Date: 11/18/2021
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 8
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED
"BICYCLES, SKATEBOARDS, SCOOTERS, AND OTHER SIMILAR DEVICES",
TO REPEAL THE PILOT PROGRAM FOR MOTORIZED SCOOTERS; MORE
PARTICULARLY BY AMENDING ARTICLE 1, SECTION 8-5, TITLED
"GENERALLY/PARENTS AND GUARDIANS NOT TO PERMIT VIOLATIONS
OF CHAPTER; SAFE DRIVING", TO ELIMINATE REFERENCE TO
MOTORIZED SCOOTERS; AND ELIMINATING ARTICLE II, TITLED
"MOTORIZED SCOOTERS", IN IT ENTIRETY; CONTAINING A SEVERABILITY
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
SPONSOR(S): Commissioner Alex Diaz de la Portilla
WHEREAS, on October 11, 2018, the City Commission adopted Ordinance No. 13695
creating the motorized scooter pilot program ("Pilot Program") in City Commission District 2
within the City of Miami ("City"); and
WHEREAS, on September 26, 2019, the City Commission adopted Ordinance No.
13862 to add additional operational rules to the use of motorized scooters, extend the Pilot
Program, and add penalties for noncompliance; and
WHEREAS, pursuant to Resolution No. R-10-0520 adopted on December 12, 2019 and
Resolution No. R-20-0040 adopted on February 13, 2020, the Pilot Program was extended to
April 15, 2020; and
WHEREAS, pursuant to Resolution No. 20-0297 adopted on September 24, 2020, the
Pilot Program was extended until a rollout of a permanent Motorized Scooter Program or until
the end of the Pilot Program period established by Section 2-33(c)(9) of the Code of the City of
Miami, Florida, as amended ("City Code"), whichever is sooner; and
WHEREAS, the City Commission finds that it is in the best interest of the City and its
residents to repeal the Pilot Program;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
City of Miami Page 1 of 11 File ID: 10797 (Revision:) Printed On: 6/3/2025
File ID: 10797 Enactment Number:
Section 2. Chapter 8 of the City Code is amended and repealed in the following
particulars:'
"CHAPTER 8
BICYCLES, SKATEBOARDS, SCOOTERS AND OTHER SIMILAR DEVISES
ARTICLE I GENERALLY
Sec. 8-5. - Parents and guardians not to permit violations of chapter; safe driving.
No parent of any minor child and no guardian of any minor ward shall authorize or
knowingly permit any such minor child or ward to violate any of the provisions of this chapter.
All Operators of Motorized Scooters as referenced in this Chapter shall abide by
be operated in a safe and prudent manner and shall be operated defensively to avoid bicyclists,
Zone.
ARTICLE II MOTORIZED SCOOTERS
Sec. 8 8. Applicability, Policy Statement tease.
This Article is supplemental to the general laws of the State of Florida, including Chapter 316,
Florida Statutes, titled "State Uniform Traffic Control." All definitions from Sections 316.003 and
3-1 21-22-8, Fl Statutes, are incorporated her - by reference i-ng the definition of
"Motorized Scooter." This Article shall apply to any and all Motorized Scooters and Motorized
This Article is intended to govern the operation of Motorized Scooters and Motorized Scooter
Services within the City to ensure that they are consistent with the safety and well being of all
bicyclists, pedestrians, and other users of the public rights of way. This Article shall not apply to
any sidcwalk/sidcwalk ar a fundcd by the Federal Government except as expre-sly allowed by
United States Department of Transportation Secretary or as expressly allowed by 23 United
States Code Section 217(h). The Pilot Program under this Article shall apply to the area of the
City within City Commission District 2. Motorized Scooters are not authorized by the Pilot
Program under this Article in any area of the City other than City Commission District 2.
Sec. 8 9. Definitions.
As used in this Article the following definitions apply:
Application Programming Interface Key. The term "Application Programming Interface Key"
("API Key") shall mean a code pa-sed in by computer programs calling an application
programming interface ("API") to identify the calling program, its developer, or its user to the
web site.
1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
City of Miami Page 2 of 11 File ID: 10797 (Revision:) Printed on: 6/3/2025
File ID: 10797 Enactment Number:
Bike Lane. The term "Bike Lane" shall mean a part of the road which is intended to be used in
part by people riding bicycles.
dedicated to cycling or shared with pedestrians or other users.
License. The term "License" shall mean the document by which a privilege is granted by the
City to authorize a person to operate a Motorized Scooter Service within its corporate limits. Any
License issued in accordance with this Article shall be nonexclusive.
Motorized Scooter(s). The term "Motorized Scooter(s)" shall have the meaning ascribed to it in
device, with an electric motor, designed to transport only one person, exclusively or in
combination with the application of human power, which cannot attain a speed of more than
Motorized Scooter Service. The term "Motorized Scooter Service" shall mean a system in which
price or fee.
Operator. The term "Operator" shall mean an individual or company that has been issued a
License pursuant to this Article and/or pursuant to any appropriate procurement process, if
applicable as o utlined in Chapter 18 of this Ciado
Rebalance. The term "Rebalance" shall mean moving Motorized Scooters from an area of low
demand to an area of high demand.
Sidewalk. The term "Sidewalk" means that portion of the public right of way between the back
of curb lines or the lateral lines of a non driving lane separated by curb and the adjacent
for public use. There may also be a median strip or road verge (a strip of vegetation, gra-s or
bushes or trees or a combination of these) either between the sidewalk and the roadway or
between the sidewalk and the adjacent property line (also described as Right of Way line or
Building Baseline).
Sidewalk Area. The term "Sidcwalk Ar a" includcs Bikc Lancs and Bikc Path, as wall as the
sidewalk width perpendicular to the road times the sidewalk length along and parallel to the
road.
Transit Facility. The term "Transit Facility" means a facility providing accommodations by public,
private, or nonprofit entities for the conveyance of persons from one placc to anothcr by m ans
of a transportation system, including but not limited to: bus terminal, railroad station, freight
terminal airport holistop or seaport
Sec. 8 10. Rules and Regulations.
a. The City Manager, or his or her designee, may administratively issue, promulgate and
cstablish additional rulcs and rcgulations, consistcnt with this Article and applicable state
and fcdcral laws, as dctcrmincd to affect the policy of this Article. All additional rules and
regulations shall be made available on the City's website.
City of Miami Page 3 of 11 File ID: 10797 (Revision:) Printed on: 6/3/2025
File ID: 10797 Enactment Number:
b. Pilot Program: The City hereby establishes a six (6) month pilot program (the "Pilot Term")
for the operation of temporary Pilot Program Licenses within the boundaries of Commission
District 2.
1. Operators shall have a maximum initial fleet of one hundred (100) Motorized Scooters.
weeks of the Pilot Program.
2. The City shall allow Operators to increase their fleet size on a monthly basis by a
maximum of 25 percent (25%) if Operator's usage data demonstrates that their fleet
provides on average more than three (3) rides per Motorized Scooter per day. The
required to keep usage rates at or above three (3) rides per Motorized Scooter per day.
The City may also require Operators to reduce their fleet size on a monthly basis by
twenty five percent (25%) if Operator's usage data demonstrates that their fleet provides
on average less than two (2) rides per Motorized Scooter per day.
3. Notwithstan-di-n-g-S-ubsection (2), the City retains the right to require Operators to reduce
their fleet size or cease operations in the event that Operators repeatedly fail to timely
rebalance or remove vehicles blocking the right of way or provide timely responses to
complaints received by the City.
4. During the duration of the Pilot Program, Operators shall designate two (2) local
providing public education.
5. On or before the expiration of this Pilot Program, the City Manager or his designee shall
report to the City Commission on the status of the Pilot Program. Following the City
Manager's report, the City Commission will consider the City's options relative to the
Pilot Program including: discontinuing, reinstating, or expanding the Pilot Program,
Motorized Scooter License program, or such other measures as determined to be in the
City's best interests .
Sec. 8 11. Application for Pilot Program License
a. A person m otopeate or sauce or permit the operation of a Motorized Scooter
Service for the duration of the Pilot Program without first having obtained a valid Pilot
Program License i-sued under this Article.
b. A person desiring to obtain a License shall make a written application in a form
prescribed by the City Manager, or his or her designee, with the applicant being the
person who will own, control, or operate the proposed Motorized Scooter Service.
c.
contains the following:
iThe address of the applicant's operations center within the City and the address of
0
center;
ii. A witne-sed signature of the applicant;
City of Miami Page 4 of 11 File ID: 10797 (Revision:) Printed on: 6/3/2025
File ID: 10797 Enactment Number:
iii. Documentary evidence from an insurance company indicating that such insurance
company has bound itself to provide the applicant with the insurance required by the
Article;
iv. Documentary evidence from a bonding nr insi trance company nr a bank indicating
that the bonding or insurance company or bank has bound itself to provide the
applicant with the payment and performance bond or irrevocable letter of credit
required by this Article;
v.
currentCert cate of I I B i e Tax R eipt Occ pa nal and similar
rr ccr �vs8, Bi-rrv�i�crv��-arc-rTe� tierrcrrLFlsei��,—cma�mmar
permits and approvals as aable•
e pplico
vi. An agreement to indemnify the City, in a form acceptable to the City;
vii. The name of the person designated to receive any and all notices sent by the City to
the Operator, including their mailing address, telephone number, and e mail address;
a
viii. TTe namme of theme-persson de•signuted to Rcebalclrance, remo e an` ior-relc �cate
Motorized Scooter(s), including their mailing address, telephone number, and e mail
address.
d. application shall be accompanied by non_refi indable licensing fee of $50 000
which shall be used to offset any costs to the City and/or the Department of Off Street
and/or street improvements within the Pilot Program Area.
e. A Pilot Program License shall expire six (6) months from the date it is issued.
f. In the event that the Pilot Program is reinstated by vote of the City Commission, Pilot
Program License(s) may be renewed following the same process set forth in this
Section.
g. The 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.
Sec. 8 12. Motorized Scooter Fee.
In addition to the non refundable licensing fee set forth in Section 8 11, Operators shall remit to
the City a Motorized Scooter Fee in an amount equivalent to one dollar ($1.00) per Motorized
Scooter per day. The Motorized Scooter Fee shall be calculated monthly based on usage data.
During the duration of the Pilot Program, this Motorized Scooter Fee shall be designated for
sidewalklsidewalk area and/or street improvements within Pilot Program /area
Sec. 8 13. Motorized Scooter Parking.
a. Motorized Scooters must be parked on a Sidewalk or other hard surface, beside a
bicycle rack, or at a city owned location. Motorized Scooters may only be parked on
private property with the permission of the property owner.
b. Motorized Scooters may not be parked at bicycle docking stations located on City and/or
MPA property with an existing agreement.
c. Motorized Scooters must be upright while parked.
City of Miami Page 5 of 11 File ID: 10797 (Revision:) Printed on: 6/3/2025
File ID: 10797 Enactment Number:
d. Motorized Scooters may not be parked in a manner that would impede normal and
reasonable pedestrian access on a Sidewalk or in any manner that would reduce the
minimum clear width of a Sidewalk to less than 3 feet.
e. Motorized Scooters may not be parked in a manner that would impede vehicular traffic.
f. Motorized Scooters may not be parked in a manner th e a threat to public
safety or security.
g. Motorized Scooters may not be parked on a block where the Sidewalk is at any point
less than 6 feet in width, or on a block that does not have Sidewalks.
h. Motorized Scooters ma„ not be parker! in a „isibilit„ triangle as defined in Section 541 1
of this Code, measured in accordance with Section 3.8.'l of Miami 21 Code, the Zoning
Ordinance of the City of Miami Florida ac amended
i. Motorized Scooters must be parked in a manner that is compliant with the applicable
provisions of the Americas with Disabilities Act of 1990.
j. Motorized Scooters may not be parked in a way that blocks:
i. Fire hydrants call boxes or other emergency facilities;
ii. Transit Facilities;
iii. Loading spaces or zones;
iy Passenger loading cranes or zones or valet parking service areas;
v. Railroad tracks or crossings;
vi. Disabled or prohibited parking zones;
vii. Street furniture that requires pedestrian access (for example, benches, parking pay
ctat -, or bicycle/news racks);
viii. Window Displays;
ix. Building entryways; or
x. Vehicular driveways.
k. Motorized Scooters that are parked in an incorrect manner must be re parked, removed
and/or relocated by an Operator within two (2) hours of receiving notification from the
City.
I. The City or the MPA may identify designated Motorized Scooter parking zones in order
to guide riders to preferred parking zones and assist with the orderly parking of
Motorized Vehicles throughout the City.
Sec. 8 14. Operation&
a. No one under the age of 18 shall operate a Motorized Scooter.
b.
additional rules and regulations promulgated by the City Manager, or his or her
designee.
Persons operating Motorized Scooters shall be subject to all rules, regulations, and laws,
including any additional rules and regulations promulgated by the City Manager, or his or
have no application. The City Manager may consider the following factors in
recommendations, inclusive of, cities should require Licensees to come to agreement
with the city on procedures and protocols for:
- emergencies (e.g. earthquakes, fires, etc.)
- special events (e.g. marathons, events, parades, film shoots, etc.)
City of Miami Page 6 of 11 File ID: 10797 (Revision:) Printed on: 6/3/2025
File ID: 10797 Enactment Number:
• maintenance (e.g. debris and trash removal) for small vehicle parking zones.
Operators shall at all times maintain a staffer! operations renter within the City•
c. Operators shall maintain a twenty four (2/1) hour customer service phone number
prominently posted on each Motorized Scooter for customers and citizens to report
be relocated.
d. Operators shall provide the City with the contact information for someone who can
Rebal e, reme e andl/ r r cate torized oter(s Th perator sh
Rebala a re ove and/or relocate a Motorized Scooter(s) within two (2) hoi irs of
receiving notification from the City. An Operator shall notify the City within 2/1 hours of a
change in contact information.
e. Any Motorized Scooter that is removed due to maintenance or safety issues shall be
repaired before being returned to service.
f. The City and/or MR ma" without prior notice to the Operator remove any Motorizes!
Scooter(s) that is/are visibly damaged or non functional, or blocking the public right of
forsstorage, at the-solle-expenseoff a; -operator. he City, and/or MR shall c e as fee
of not to exceed $25.00 per scooter for removal and storage. The City and/or the MPA
shall invoicc thc Operator for thc cost of rcmoval and storage. Any Motorized Scooter
that remains unclaimed with the City and/or MPA for five (5) days is subject to sale
pursuant to the procedures for abandoned or lost property set forth in Section 705.103,
Florida Statutes, or by any other method allowed by the laws of the State of Florida or
the City.
g. Motorized Scooters must be well maintained and in good operating condition.
h. Motorized Scooters must be of a high quality and sturdily built to withstand the effects of
weather and constant use for a period of no less than five (5) years.
i. Motorized Scooters must be rebalanced on a daily basis.
j. Motorized Scooters shall not display any third party advertising.
k.
technology.
I. Each Motorized Scooter shall display the name of the Operator, (and if it can be
accommodatcd thc local busincss address) along with a unique identification number.
m. Operators shall educate persons operating Motorized Scooters regarding the rules,
An Operator's mobile application must provide information notifying a user that:
i_ Motorized Scooters may be operated on streets or sidewalks/sidewalk areas in a
manner similar to bicycles;
ii. Motorized Scooters are to be operated at a person's own risk, and that no
representation is being made by the City as to the condition of any Sidewalk or
Sidewalk Area;
iii. Motorized Scooters shall at all times yield to pedestrians and shall give an audible
signal before overtaking and pa -sing such pedestrian;
iv. The use of helmets while operating a Motor Scooter is strongly encouraged; and
n.
particularly in low income communities and provide education regarding the rules
well-as��e�
cafe prud +r de#enrivand courteous operation
�e,
City of Miami Page 7 of 11 File ID: 10797 (Revision:) Printed on: 6/3/2025
File ID: 10797 Enactment Number:
o. Operators shall work with local businesses or other organizations to promote the use of
helmets by persons operating Motorized Scooters through partnerships, promotional
credits and other incentives
p. Operators shall not place or attach any fixtures, structures, or personal property, other
than a Motorized Scooter, in the public right-of-way without the written permission of the
City Manager or his or her designee. Permission to place any items in the public right of
way must be incorporated into the License.
q.
cost of repair or maintenance of any public property resulting from the use of Motorized
Scooters, the Operator shall reimburse the City for the full cost within thirty (30) days of
receiving written notification from the City.
Sec. 8 15. Data Sharing
a.
concerning its operations. All data furnished under Section 8 15 will be in a form
reasonably acceptable to the Chief Information Officer of the City.
Operators shall provide the City with real time information on all Motorized Scooters
operating within its boundaries through a documented API. Operators shall provide the
City Manager, and his or her designee under Section 8 15, the Chief Information Officer,
with the procedure and credentials to authenticate to the API.
b.
c.
d. Operators shall also provide the following anonymized data for each trip record through
the API
Field Alarm
arc
Company Name
Trip Record Number
Trip Duration
Trip Distance
Start Date
Start Time
End Date
End Time
Start Location
End Location
Identification Number
Forormi-rat
[Company Name}
XXX0001, XXX0002,
XXX0003, ...
MM:SS
Feet
MM/DD/YYYY
HH:MM:SS (00:00:00
M M/DD/YYYY
HH:MM:SS (00:00:00
XY or Lat/Lon Coordinate&
XY or Lat/Lon Coordinate&
Description
N/A
3 Letter Company Acronym +
Consecutive Trip Number
N/A
N/A
N/A
N/A
N/A
N/A
N/A
XY or Lat/Lon Coordinates N/A
x)xx1, xxxx2, ... Unique Identification for Every
Motorized Scooter
Route: Licensee will create a GeoJSON Feature Collection where every observed point
in the route, plus a time stamp, should be included. The route must include at least two
(2) points a start point and end point /Additionally it mi ist moll de ell possible GPS
samples collected by a provider.
City of Miami Page 8 of 11 File ID: 10797 (Revision:) Printed on: 6/3/2025
File ID: 10797 Enactment Number:
Standard -Cast: The cost, in cents that -it -we -HI -GI -Gast to perform that trip in the standard
operation of the System.
Actual Gast: The actual -cast in cents paid by the user for the trip.
Sec. 8 16. Insurance Requirements
a. An Operator shall procure and keep in full force and effect no less than the insurance
coverage required by this Section through a policy or policies written by an insurance
company or companies authorized to do business in Florida, who are rated A (V) or
better per A.M. Best's Key Rating Guide.
b. The insured provisions of the policy or policies must list the City, the MPA, their officers
the operation of a Motorized Scooter.
c. An Operator shall maintain the following insurance coverages:
�. Commercial general liability with limits of $2,000,000 per occurrence, $5,000,000
policy aggregate affording coverage for claims resulting from bodily injury (including
death) and property damage. The policy shall be written on a primary and
injury and contingent and contractual expos irec
o
li. Automobile/Motorcycle liability affording coverage on all motor vehicles/scooters
used in connection with the operations or activities contemplated under this Article.
The Operator should furnish the City with a policy affording coverage on all owned
autos and scooters, including coverage for hired and non owned auto exposures,
with a combined single limit for bodily injury (including death) and property damage
of $2,000,000 per accident.
lii. Workers Compensation subject to the statutory limits of the State of Florida.
iv. The City retains the right to require additional insurance coverage in connection with
the activities performed by the Operator under this Article as may be determined by
the City Risk Management Director, considering the size of the fleet and other
liability insurance related factors.
v. Failure to maintain required insurance coverage is cause for immediate cancellation
of the License by the City Manager or his or her designee.
Department, in a form acceptable to the City Manager, or his or her designee, prior to the
l-nuance of a License under this Article.
e.
insurance company is required to notify both the Operator and City Manager, or his or
her designee, in writing not fewer than thirty (30) days before cancelling any insurance
policy or before making a reduction in coverage. An Operator, upon receiving said
notice, shall file with the Risk Management Department, in a form acceptable to the City
cancelation or reduction of the same.
f. An Operator may not be self insured.
City of Miami Page 9 of 11 File ID: 10797 (Revision:) Printed on: 6/3/2025
File ID: 10797 Enactment Number:
Sec. 8 17. Performance Bond or Irrevocable Letter of Credit.
a. An Operator shall submit to the Risk Management Department a payment and
performance bond, in a format-a.,-prc cribed in Section 2titi 05 Florida Statutes anal in
a form acceptable to the City Manager, or his or her designee, prior to the issuance of a
License under this Article.
b.
authorized to transact business in Florida.
c. The payment and performance bond or irrevocable letter of credit shall be in the sum of
d. The payment and performance bond or irrevocable letter of credit must remain in effect
for the duration of the License.
e.
not release the Operator from the obligation to meet all requirements of this Article and
License. If the payment and performance bond or irrevocable letter of credit is
cancelled, the License shall be suspended on the date of cancelation and the Operator
shall immediately c .,e operations until the Operator provides the City Manager, or his
or her designee, with a payment and performance bond or irrevocable letter of credit that
meets the requirements+s Section.
Sec. 8 18. Indemnification.
losses or damages, including any and all attorneys' fees and costs of defense, which the City
demands, suits, causes of actions or proceedings of any kind or nature including, but not limited
to, personal injury or wrongful death, property loss or damage, the conditions and features on all
operated, to the extent arising out of or in any way connected with the operation of the
Motorized Scooter Service or use of a Motorized Scooter. Operators shall pay all claims and
lo-ses in connection therewith and shall investigate and defend all claims, suits or actions of
appellate procccdings, and shall pay all costs, judgments, and attorneys' fees which may i-sue
thereon. Operators shall expre-sly understand and agree that any insurance protection
required by this Article, or otherwise provided or secured by an Operator, shall in no way limit
the responsibility to indemnify, defend and hold harmle-s the City, the MPA, or their officers,
employees, agcnts and instrumentalities as required by this Scction. The obligation to
License. The Operators will acknowledge on the License Application Form, which will include
this Indemnification in substantially the language provided by this Sondon that the granting of
,
the License is, in part, conditioned on the granting of this Indemnification which is knowingly and
voluntarily given by the Operators.
Sec. 8 19. The Motorized Scooter Pilot program will automatically terminate on April 30, 2019 or
six (6) months from the effective date this Ordinance, whichever occurs last.
*„
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
City of Miami Page 10 of 11 File ID: 10797 (Revision:) Printed on: 6/3/2025
File ID: 10797 Enactment Number:
Section 4. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
endez, City Httor10/4/2021
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami Page 11 of 11 File ID: 10797 (Revision:) Printed on: 6/3/2025