HomeMy WebLinkAboutSubmittal-City Attorney-Draft ResolutionSubmitted into the publ{
record: fir IV(S)
Hannon, Todd on t.1 I City Clerk
From: Gomez, Marta
Sent: Wednesday, June 27, 2018 7:36 PM
Subject: Scooter Ordinance for discussion tomorrow
Attachments: scooter CLEAN COPY revised VM 6-27.docx
Honorable Mayor and Commissioners:
Please see a rough draft of the scooter ordinance for discussion purposes only. Thank you.
Victoria Mendez
City Attorney
Submitted into the public
record for ite (s
on _' City Clerk
..Title
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 8 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED
"BICYCLES, SKATEBOARDS, SCOOTERS, AND OTHER SIMILAR DEVICES," TO INCLUDE
SECTIONS 8-1 TO SECTION 8-7 IN A NEWLY CREATED ARTICLE I, ENTITLED
"GENERALLY," AND TO ESTABLISH A NEW ARTICLE II, ENTITLED "ELECTRIC
SCOOTER,"INCLUDING NEW SECTIONS 8-8 TO 8-19 OF THE CITY CODE PROVIDING
RULES AND REGULATIONS FOR THE OPERATION OF MOTORIZED SCOOTER SHARING
SYSTEMS WITHIN THE CITY OF MIAMI ("CITY"), SPECIFICALLY PROVIDING FOR
APPLICABILITY, POLICY STATEMENT, DEFINITIONS,_ PURPOSE, SCOPE, PROCEDURES,
OPERATING REGULATIONS, PARKING, OPERATIONS DATA SHARING,
INFRASTRUCTURE FUNDING AND MINIMUM LICENSE REQUIREMENTS, CODE
ENFORCEMENT AND OTHER REMEDIES, RESPECTIVELY; CONTAINING A
SEVERABILLITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE OF 30 DAYS
FOLLOWING THE ISSUANCE OF REGULATIONS
F
..so�lly
WHEREAS, there have been a profusion of motorized scooters operating -wthovt aDy
true regulations, permits or approvals in the City of Miami ("City'); and
WHEREAS, the regulated and permitted operation of motorized scooters is recognized
as an alternative and efficient means of personal transportation; and
WHEREAS, it is in the City's best interest to regutafe such operations of motcarized
scooters in a uniform and reasonable manner protect and enhance the quality of life for city's
residents and the public health, safety, and general welfare�bnd
WHEREAS, Section 316.008, Florida Statutes, entified "Powers of local 8 whorities
provides that a county or municipality may enact an ordinance to permit, control or regulate the
operation of vehicles, golf carts, mopeds, motorized scooters, and electric personal assistive
mobility devices with certain limitations; and
WHEREAS, pursuant to Section 316.2128, Florida Statutes, the operation of motorized
scooters may not be operated on sidewalks unless authorized by an ordinance enacted
pursuant to Sections 316.008(7)(a) or 316.212(8); and
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. Chapter 8 of the Code of the City of Miami, Florida, as amended ("City
Code"), is further amended in the following particulars:'
"CHAPTER 8
BICYCLES, SKATEBOADS, SCOOTERS AND OTHER SIMILAR DEVISES
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.
Submitted into the pub'c
record fpr it m(s)
on City Clerk
ARTICLE I Al)
GENERALLY
Sec. 8-1. Definitions.
For the purposes of this chapter, the term "bicycle," "bicycle path," "moped,"
"Pedestrian," "motorized scooter," "sidewalk," "street," and "vehicle," shall have the meanings
ascribed to them in Section 316.003, Florida Statutes, as amended. "Scooter" or "skateboard"
shall mean any vehicle not having a seat or saddle for the use of the rider, designed for travel
by human propulsion and "other similar devises" shall refer to any vehicle or apparatus intended
to propel a person by either human power or an electrical, mechanical or other power source.
Sec 8.2 Applicability of ChapterThis chapter shall apply whenever a bicycle, moped,
motorized scooter, scooter, skateboard, or other similar devices are operated on specifically
designated areas of the city set forth by an area map or as deliniated within a request for
Article will prevail and control as to Motorized Scooters and Motorized Scooter sharing
systems. The purpose of this ordinance is to establish City Code sections governing the
operation of Motorized Scooters and Motorized Scooter sharing systems within the City of
Miami ("City") and to ensure that such mobility sharing systems are consistent with the safety
and well-being of all bicyclists, pedestrians, and other users of the public rights-of-way.
For purposes of this Chapter the following definitions apply:
Application programming interface key (API key) is a code passed in by computer
programs calling an application programming interface (API) to identify the calling
program, its developer, or its user to the Web site.
Bike Lane is a part of the road which is intended to be used in part by people riding bicycles .
Bike Path is a bikeway separated from motorized traffic and dedicated to cycling or shared with
pedestrians or other users
SubmiEnCity
recordon Clerk
Licensee/Franchisee is the entity who has a License/Franchise issued by the City Manager
pursuant to this Article and pursuant to an appropriate procurement process as outlined in
Chapter 18 of this Code.
Motorized Scooter(s)is as defined in Section 316.003, Florida Statutes, and includes
gas and motorized scooter or any combination of the two. Motorized Scooters under this
Chapter include gas, electric, solar charged and/or otherwise similarly motorized scooters, or
any combination thereof. Additionally Motorized Scooter shall mean a device with no more
than two (2) ten inch (10") or smaller diameter wheels that has handlebars, is designed
to be stood upon by the operator, and is powered by an electric motor that is capable of
propelling the device with or without human propulsion at a speed no more than fifteen
miles per hour (15 mph), within the City, on a paved level surface. Motorized scooters
include without limitation devices known as stand-up electric scooters. A Motorized
Scooter is also som
Motarized Scooter SI'
Motorized Scooter st
approval and authori2
Motarized Scooter Sh
Scooters are made a�
fee. Many scooter sh,
Licensees' place of b
business belong to th
y
Operator is the oers
Ing Program is an O
ring system within th
Jon by the City.
Ing System is a syst
ilable for shared use
systems allow peoc
,iness, and return it a
same system. Docks
motor scooter in certain Florid
is for a fee. after
enerailx„includes a service in whic
dividuals on a short-term basis for
n operating a Motorized Scooterwich is within a
Sidewalk Clear Zone is the pedestrian clear zone of a sidewalk intended for walking and
accessibility.
Sidewalk Furniture Zone is the landscape/furniture zone which includes bus benches, bus
stops, bus shelters, bike or newspaper racks, landscaping, parking pay stations, transit
information signs, etc.); and similar items.
Sec. 8-9. Scope.
This Ordinance applies to any proposed deployment of Motorized Scooters and Motorized
Scooter sharing systems within the City's jurisdictional municipal boundaries and/or specific
designated areas.
Submitted into i) public
record fpr ite s
on I City Clerk
Sec. 8-10. Procedures
a. Any person seeking to operate a Motorized Scooter Share Program within the City shall
first obtain a Motorized Scooter Sharing System License and/or Franchise, after a proper
procurement process via Chapter 18, from the City Manager, or the Manager's designee,
conditioned on compliance with the Operating Regulations contained in this policy and any
other conditions established herein or by the City Manager in the License and/or Franchise
Agreement. All License and/or Franchise Agreements shall require insurance, indemnity,
and bonding at minimum, as required in this Article. No person shall operate a Motorized
Scooter Sharing System within the City except pursuant to such License and/or Franchise.
The Scooter Sharing System License and/or Franchise shall cost $###t# and also
require a $#### per year renewal fee. All Licenses and Renewal Fees will be payable
to the City. The License and/or Franchise Fee will be paid prior to authorized operations
under this Article. Renewal Fees are to be paid annually at the time the original License
and/or Franchise expires and must be paid at the commencement of any renewal.
b. The City Manager is directed and authorized to administratively issue, promulgate and
State Sta
with these reaulations as
shall
.8-11. Operaft" Regulations
a. Licenseesftanchisees shall provide easily vis" Contact information, including tt
phone number and e-mail address ort each Motorized Scooter for City employees
members of the public to make relocation requests or to report other issues with d
b. Licensees/Franchisees shall have a minimum flee saf one hundred (100) Motorize
Scooters. No Licensee/Franchisee may have morelthen five hundred (500) Motod
Scooters ooeratina in the Citv. Aooticants shall incfude the proposed fleet size In.
application.. The City shall allow Licensees/Franchisees to increase their fleet size on a
iweekl A31 basis in the event that the Licensees/Franchisees provide data that
demonstrates that their fleet provides on average more than three (3) rides per
Motorized Scooter per day. The City Manager or authorized designees may be
permitted to require Licensees/Franchisees to reduce their fleet size to the size
determined by the City Manager on a monthly basis in the event that the
Licensees/Franchisees provide data that demonstrates that their fleet provides on
average less than one (1) rider per Motorized Scooter per day.
c. The City Manager reserves the right to revoke a License/Franchise for good cause after
providing the Licensees/Franchisees with a thirty (30) day notice of said revocation
Licensees/Franchisees will have a right to timely request a public hearing (similar to
revocation process for business tax receipts) before a Special Master or Hearing Officer
under the applicable provisions of Chapter 31 of the City Code. Good cause includes
without limitation failure to comply with this Article or any other applicable laws and
regulations or any other actions or omissions which in the opinion of the City Manager
pose a danger to the public health, safety, or general welfare. Upon completion of the
aforementioned hearing, providing such timely requested public hearing results in a
determination that the license be revoked, the City Manager or the City Manager's
designee can require that a Licensee/Franchisee's fleet of Motorized scooters be
Submitted into the pub�c�
reco=itfs �City Clerk
removed from the City's richt-of-way within thirty (30) days or be subject to the remedies
Provided by this Chapter for violations, including but not limited to Code Enforcement
procedures as provided for in Chapter 2 of the City Code,
Sec. 8-12. Parking
the
a. Motorized Scooters shall be parked upright on hard surfaces beside a bicycle rack or in
another area specifically designated for bicycle parking, or on private propoerty that has
received an appropriate certificate of use for such ancillary parking of Motorized
Scooters in compliance with this section.
b. Motorized Scooters shall not be parked in such a manner as to block the right of way,
pedestrian clear zone area of the sidewalk; any fire hydrant, call box, or other
emergency facility; bus bench; or utility pole or box.
c. Motorized Scooters shall not be parked in such a manner as to impede or interfere with
the reasonable use of any window display or access to or from any building.
d. Motorized Scooters shah pat be parked in such a manner as to 6; a or interfere with
the reasonable use of any bicycle rack or news rack. „a
e. Motorized Scooters may be Darked in on -street parkina spaces in the followina
circumstances:
here
ns for the
sidewalk
uirements as may be established" by the Department of Off -Street Parking
vi. When oarked in on -street oarkina spaces the aoolicable oarki
shall be paid .
f. Motorized Scooters may be parked on blocks without sidewalks only if the travel lane(s)
and six foot (6') pedestrian clear zone are not impeded.
g. Motorized Scooters shall not be parked in the Sidewalk Furniture Zone
adjacent to or within:
i. Transit zones, includina bus stops. shelters. passenaer waiting areas and bus
layover and staging zones, except at existing bicycle racks;
ii. Loading zones;
iii. Disabled or prohibited parking zones;
Sidewalk Clear Zone ;v. Curb ramps;
vi. Entryways; and
vii. Driveways.
h. To the extent an Operator desires to park a Motorized Scooter in areas other than the
Public rights-of-way (e.g. parks, plazas, parking lots, private property, or transit stations),
the Operator and/or Licensee/Franchisee must first obtain the right to do so from the
appropriate City department, property owner, and/or public agency having iurisdiction
Submitted into the public 1
retort} fQr it s) City Cly
oil b j
and shall communicate this right to users through signage approved by the respective
entity and/or through a mobile or web application.
i. The parking of Motorized Scooters will abide by and comply with all city regulations
including parking regulations.
Sec. 8-13. Operations
a. Licensees/Franchisees shall maintain a twenty-four (24) hour customer service phone
number for customers to report safety concerns, complaints, or questions.
b. Licensees/Franchisees will implement a marketing and targeted community outreach
plan at their own cost or pay an in -lieu fee to the City to provide these services and
promote the use of Motorized Scooter citywide, particularly among low-income
communities.
c. In the event a safety or maintenance issue is reported for a specific device, that
Motorized Scooters shall be made unavailable to users and shall be removed within the
timeframes provided herein. Any inoperable or unsafe Motorized Scooter shall be
r
e,
g. Motorized Scooters are to be ridden on sidewalks, sidewalk areas (which for purposes of
this Ordinance include bike lanes and bike paths and similar types of paths created for
said purpose. Motorized Scooters are to stay to the right of street lanes and to offer the
right-of-way to bicycles in bike lanes and on bike paths.
h. Licensees/Franchisees shall provide notice to all Operators by means of signage and
through a mobile or web application that:
i. Motorized Scooters are to be ridden on sidewalks.or sidewalk areas, on bike lanes
and bike paths;
ii. Motorized Scooters are to stay to the right of street lanes and to offer the right of way
to bicycles on bike lanes and bike paths:
iii. Helmets are strongly encouraged for all Operators and required for minors (to the
extent minors are permitted as passengers );
iv. Parking must be limited to the designated areas: and
v. Riding responsibly is encouraged
vi. Usage of the Motorized Scooters shall be limited to designated areas.
Submitted into the public
record for Item(s)_
on I ( City Clerk
i. Operators are required to take a photo and submit to the Licensee/Franchisee whenever
they park their Scooter at the end of a ride.
j. Licensee/Franchisee shall provide education to Motorized Scooter Operators on the
City's existing rules and regulations, traffic laws, traffic rules and regulations, safe,
prudent, defensive and courteous riding, and proper parking.
k. The Licensee/Franchisee and the Operators are iointly and severally responsible to
comply with the requirements of this Article.
Licensees/Franchisees and Operators are advised that they operate and ride scooters at
their own risk and that no representation is made as to the condition or feasibility of the
sidewalk, sidewalk area or any other area which by law may be allowed for the riding of
scooters.
Sec. 8-14. Data Sharing
a. The Licensees/Franchisees shall provide the City with real-time information on the entire
Citv fleet (i.e. Licensees/Franchisees' fleet ooeratina within the Citv) throuah a
b. The
AP
c. All Licensees/Franchisees shall provide the following anonymized data for each trip
record to inform and support safe and effective management of the Scooter Sharing
System, and for transportation planning efforts. Data will be submitted to the City via an
API to be distributed by the City's Office of Transportation .
Field name
Company Name
Type of Electric scooters
Trip record number
Trip duration
Trip distance
Start date
Start time
End date
End time
Start location
End location
Format
[company name]
Electric
xxx0001,xxx0002,
xxx0003, ...
MM:SS
Feet
MM, DD, YYYY
HH:MM:SS (00:00:00 —
MM, DD, YYYY
HH:MM:SS (00:00:00 —
Census block
Census block
Description
n/a
n/a
3 -letter company acronym
+ consecutive trip #
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Submitted into the pub
record r ite s
on City Clerk
Motorized scooter ID xxxx1, xxxx2, ... Unique identifier for every
number motor scooter,
Sec. 8-15. Infrastructure Funding
a. Licensees/Franchisees shall pav the ON an infrastructure. public propertv repair and
maintenance endowment of one dollar ($1.00) per Motorized Scooter per day. The
endowment described herein is to ensure adequate funds are available to reimburse the
City for future public property repair, replacement, and/or maintenance costs that may be
incurred, including but not limited to any costs of repairing or maintaining damaged
Public property by the Licensees/Franchisees or its customers, removing and storing
Motorized Scooters improperly parked or left unattended on public property or right-of-
way, and addressing and abating any other violations. The one dollar ($1.00) per
Motorized Scooter per day endowment shall be paid quarterly with the first payment due
at the time of license/franchise issuance. Payments shall be made on a quarterly basis
thereafter.
there is a violation of public health, safety or general welfare, or a violation of this Article. or
for other good and sufficient cause determined by the City Manager.
c. Indemnity. The Licensee/Franchisee shall indemnify, save and hold harmless and defend
the City from all actions, charges, causes of action, claims, including but not limited to
Personal iniury, wrongful death, damage, loss, or destruction of property, violations of traffic
laws , parking or other applicable regulations ; demands; suits; actions; fines; penalties;
losses; costs, including but not limited to reasonable legal fees and court costs including
legal fees and court costs on appeal;ludgments; injuries; liabilities or damages, in law or
equity, of any and every kind and nature whatsoever, arising out of or in any way connected
with the operation of the Motorized Scooter Sharing System. The granting of the
License/Franchise is a separate and distinct consideration for the granting of this indemnity.
The obligation to indemnity, save and hold harmless and defend will survive the revocation,
cancellation, or expiration of any License.
d. Insurance. Before the granting of a License/Franchise pursuant to this Article, the
Licensee/Franchisee shall, as a condition precedent, obtain, pay all premiums for, and file
Submitted into the public
record f r it
on , City Cleric
with the City Risk Management Director written evidence of payment of premiums and
executed duplicate copies of the following:
(1) A general comprehensive liability policy indemnifying, defending and, holding and
saving harmless the City, its officers, boards, instrumentalities, commissions, agents
and employees from any and all claims by any person whatsoever on account of injury
to or death of a person or persons occasioned by the operations of the Motorized
Scooters under the provisions of this Article, or alleged to have been so caused or
occurred, with a minimum liability of $500,000.00 combined single limit for personal
injury or death.
Property damage insurance, indemnifying, defending, holding and saving harmless
the city, its officers, boards, commissions, agents and employees from and against all
claims by any person whatsoever for property damage, loss, other casualty, or
destruction occasioned by the operations of under the Motorized Scooters under the
provisions of Article or alleged to have been so caused or occurred, with a minimum
liability of five hundred thousand dollar ($500,000.00) combined single limit for
bf6berty damage.
., pan Uc x
thirty 30'
Licensee,
cancellati
Managen
days folk
cancellati
4 All ins
insurance
i Gd�de
ce policies called for herein for the Motorized Scooter share sys*n,
>rm satisfactory to the City's Risk, Management Director and shall requi
s' written notice of any cancellation to both the City and the
ichisee. The Licensee/Franchisee shall, in the event of any such
etice, obtain, pay all premiums for'and file with the Departmentof Risk
written evidence of the issuance of replacement policies within thirty (�
receipt by the city or th6 Licens6e/Franchisee of any notice of
ce required shall be issued by corrnies authorized to transact',
iness in Florida who are rated b:v or better per A.M. Best's Kev Ratinq
8-17 City Reservation of Rights.
The City reserves the right to establish, develop, and issue a Request for Proposals,
Invitation to Bid, Request for Letters of Interest, or other competitive solicitation document
to establish a license/ franchise or license/franchise related program for Motorized
Scooters pursuant to Chapter 18 of the City Code
8-18 Violations of this Article -Code Enforcement, other remedies.
Violations of this Article may be enforced as code violations pursuant to Chapter 2, Article
X, Code Enforcement and/or any other legal remedy available at law. The use of one remedy
does not preclude the use of another.
When a Motorized Scooter is found to be located on public property, the right-of-way
or other applicable type of property in violation of City Code or other applicable laws or
Submitted into thena-L—
on
record r it s City Clerk
regulations the City shall have the right to remove such scooter. The Licensee/Franchisee
may recover the scooter by paving the removal costs, which will include a daily storage fee ,
transport fee, and direct personnel expense of $ within sixty (60) days of the removal. If
the Motorized Scooter is not recovered by the Licensee/Franchisee within sixty (60) days then
it shall be considered abandoned property in the hands of the City and shall be disposed of as
Permitted by law. The City shall recover ail costs in coniunction with such removal of
Motarized Scooters from the Licensee/Franchisee. Such recovery may be by way of personal
action against the Licensee/Franchisee or an in -rem lien against any property of the
Licensee/Franchisee.
8-19 Compliance with Laws.
Licensees/Franchisees and Motorized Scooter Operators will comply with all applicable state,
and local laws and regulations including traffic, traffic safety, parking and zoning laws and
regulations, including the Operating Regulations promulgated by the City.
THe Motorized Scooters shall not exceed ten (10) miles per hour.
Licensees will be required to -have such Certificates of Use, Business Tax Receipts,
Occupational Licenses and similar permits and approvals as are required by applicable laws
and regulations.
Section 2. If any section, part of a'ectton, paragraph, clause, phrase or w of this
Ordinance is declared invalid, the remaining `provisions of this Ordinance shall not be Affected.
v
Section 3. It is the intentit>rt of the City Commission that the provisions of this
Ordinance shall become and be made.a part'of the City C&ie; which provisions may ba' -
renumbered or relettered and that the word 'ordinance" may be changed to "section", "article",
or other appropriate word to accomplish such intention.
Section 4. This Ordinance shall become effective thirty (30) days after final reading
and adoption thereof.2
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.
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