HomeMy WebLinkAboutO-13862City of Miami
City Hall
Legislation
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Ordinance: 13862
File Number: 6261 Final Action Date: 9/26/2019
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 8
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY
CODE"), TITLED "BICYCLES, SKATEBOARDS, SCOOTERS, AND OTHER
SIMILAR DEVICES," TO REFERENCE APPLICABLE FLORIDA STATUTES AS
PROVIDED HEREIN; MODIFYING DEFINITION OF MOTORIZED SCOOTER;
PROVIDING DEFINITIONS OF APPLICABLE STATE LAWS, BICYCLE,
MICROMOBILITY DEVICE, MOTORIZED SCOOTER USER; PROVIDING FOR
A SPEED LIMIT FOR SIDEWALKS; PROVIDING THAT MOTORIZED
SCOOTER USERS HAVE THE RIGHTS AND DUTIES APPLICABLE TO
BICYCLE RIDERS; PROVIDING THAT MOTORIZED SCOOTERS MAY BE
OPERATED ON BIKE LANES AND PATHS; ENCOURAGING THE USE OF
BICYCLE HELMETS; PROVIDING FOR A SPECIFIED MOTORIZED SCOOTER
IDENTIFICATION NUMBER; PROVIDING FOR CERTAIN SPECIFIED SAFETY
MEASURES; PROVIDING REMEDIES FOR UNLAWFUL USE OUTSIDE PILOT
PROGRAM AREA REQUIRING USE OF MOBILITY DATA SPECIFICATIONS
AS PROVIDED HEREIN; EXTENDING THE MOTORIZED SCOOTER PILOT
PERMIT PROGRAM FOR AN ADDITIONAL TWO (2) MONTHS; CONTAINING
A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
SPONSOR(S): Commissioner Ken Russell
WHEREAS, pursuant to Section 316.2128, Florida Statutes, the operation of motorized
scooters may not be operated on sidewalks or sidewalk areas unless authorized by this
ordinance enacted pursuant to Sections 316.008(7)(a) or 316.212(8), as applicable; and
WHEREAS, pursuant to Ordinance No. 13795, adopted on October 11, 2018, the City
Commission established a Motorized Scooter Pilot Permit Program ("Pilot Program") within City
of Miami ("City") Commission District 2 for a period of six (6) months from October 1, 2019 to
April 1, 2019; and
WHEREAS, pursuant to Section 2-33(c)(9) of the Code of the City of Miami, Florida
("City Code"), the City Commission may create legislative pilot programs within the City for a
limited period of time not to exceed one (1) year, and this Pilot Program will be a two (2) month
extension to the original six (6) month period, for a total one (1) year period; and
WHEREAS, because the roll out or inception period for this pilot program was delayed
due to various permitting, information technology, technical, and other issues, the initial Pilot
Program commenced on April 1, 2019 and expires six (6) months later on October 1, 2019; and
WHEREAS, the City Administration and City Commission consider it to be in the best
interests of the City to extend the current pilot program until October 31, 2019 and provide for
the modified Pilot Program, for a two (2) month period from November 1, 2019 to January 1,
2020; and
City of Miami Page 1 of 14 File ID: 6261 (Revision: 8) Printed On: 10/8/2019
File ID: 6261
Enactment Number: 13862
WHEREAS, several vendors are currently participating, or wish to participate, in the
modified Pilot Program and the additional two (2) months will allow the City Administration to
gather additional data in order to develop a Request for Proposals ("RFP"), or a similar
competitively procured solicitation, for the establishment of a more permanent Motorized
Scooter Program; and
WHEREAS, in order to enhance the quality of life for City residents and for their public
health, safety, and general welfare, it is in the City's best interest to extend the current Pilot
Program until October 31, 2019 and provide for the modified Pilot Program, as provided herein,
for a two (2) month period from November 1, 2019 to January 1, 2020, and direct the City
Manager to issue an appropriate competitive solicitation, for review and approval by the City
Commission prior to issuance, for a more permanent Motorized Scooter Program; and
WHEREAS, the City Commission may continue to require reports of any concerns with
the Scooter 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.
Section 2. Chapter 8 of the Code of the City of Miami, Florida, as amended ("City
Code"), is further amended in the following particulars:I
"CHAPTER 8
BICYCLES, SKATEBOARDS, SCOOTERS AND OTHER SIMILAR DEVISES
ARTICLE I — 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 F.S. § 316.003, 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 chapter.
This chapter shall apply whenever a bicycle, moped, motorized scooter, scooter,
skateboard, or other similar devises are operated on specifically designated areas of the city
set forth below and to the operation of bicycles upon any street, or upon any public path set
aside for the exclusive use of bicycles, subject to those exceptions stated in this chapter.
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 14 File ID: 6261 (Revision: B) Printed on: 10/8/2019
File ID: 6261
Sec. 8-3. Bell or other warning device.
Enactment Number: 13862
No person shall operate a bicycle unless it is equipped with a bell or device capable of
giving a signal audible for a distance of at least 100 feet, but no bicycle shall be equipped
with, nor shall any person use upon a bicycle, any siren or whistle.
Sec. 8-4. Not to be rented unless chapter complied with.
No rental agency shall rent or offer any bicycle for rent unless such bicycle is as provided
in this chapter.
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
applicable laws, ordinances, and regulations governing their operation. Motorized Scooters will
be operated in a safe and prudent manner and shall be operated defensively to avoid bicyclists,
pedestrians, and any items, such as bus benches or trash receptacles, in the Sidewalk Furniture
Zone.
Sec. 8-6. Prohibitions on the sidewalks of Southwest 8th Street between 4th Avenue and
Tamiami Canal Road.
To continue to encourage a pedestrian friendly environment and provide for the safety of
pedestrians using the sidewalks, it shall be unlawful for any person to operate a bicycle,
moped, motorized scooter, scooter, skateboard, vehicle, or other similar devises, unless such
devices are used to assist in transport of physically handicapped person, on the sidewalks of
Southwest 8th Street between 4th Avenue and Tamiami Canal Road.
Sec. 8-7. Penalties for violation of this chapter.
Every person guilty of a violation of any provisions of this chapter shall be punishable by
a fine of not more than $25.00.
ARTICLE II - MOTORIZED SCOOTERS
Sec. 8-8. Applicability, Policy Statement and Purpose.
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 316.2128, Florida Statutes, are incorporated herein by reference, including the
definitions of "Bicycle" and "Motorized Scooter." This Article shall apply to any and all
Motorized Scooters and Motorized Scooter Services operating within the corporate limits of
the City of Miami ("City"), as permitted. 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 sidewalk/sidewalk area funded by the
Federal Government except as expressly 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
City of Miami Page 3 of 14 File ID: 6261 (Revision: B) Printed on: 10/8/2019
File ID: 6261 Enactment Number: 13862
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:
Applicable State Laws. The term applicable State Laws shall mean all general laws of the
State of Florida relating to mobilitv devices and motorized scooters. This Pilot Program will
operate in a manner consistent with and subiect to applicable qeneral laws of the State of
Florida including, without limitation, Sections 316.003, 316.008, 316.2065, and 316.2128, and
the entirety of Chapter 316, Florida Statutes, the "Florida Uniform Traffic Control Law", as
amended. The Citv in this Article reserves all Municipal Home Rule Powers to impose more
restrictive public safety, insurance, licensing, data sharing, parking, and similar requirements.
Application Programming Interface Key" ("API Key') shall mean 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.
Bicvcle. The term "Bicycle" shall have the meanina ascribed to it in Section 316.003,
Florida Statutes, as amended.
Micromobilitv Device. The term "Micromobility Device" shall have the same meaning
ascribed to it in Section 316.003, Florida Statutes, as amended.
Bike lane shall mean a part of the road which is intended to be used in part by people
riding bicycles.
Bicvcle Path ("Bike pathl shall generally mean a bikeway separated from motorized
traffic and dedicated to cycling or shared with pedestrians or other users, and additionallv
have the same meaning ascribed to it in Section 316.003, Florida Statutes, as amended.
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 Section 316.003, Florida Statutes, as amended. Motorized Scooter(s) are further defined,
in the context of this Article, as a 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 fifteen (15) miles per hour in Bike Lanes or Streets without the application of
human power on a level surface: or more than seven (7) miles per hour on anv Sidewalk,
Bavwalk, or in Parks.
Motorized Scooter User. The term "Motorized Scooter User' shall mean a person drivina a
Motorized Scooter.
Motorized scooter service shall mean a system in which motorized scooters are made
available for shared use to individuals on a short-term basis for a price or fee.
City of Miami Page 4 of 14 File ID: 6261 (Revision: B) Printed on: 10/8/2019
File ID: 6261 Enactment Number: 13862
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 approved by the city
commission, as may be later determined by the city commission to be applicable, as outlined
in chapter 18 of this Code.
Rebalance shall mean moving motorized scooters from an area of low demand to an
area of high demand.
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 property lines, where
a three-foot minimum clearance is available to pedestrians and intended for public use. There
may also be a median strip or road verge (a strip of vegetation, grass 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 includes bike lanes and bike path, as well as the sidewalk width
perpendicular to the road times the sidewalk length along and parallel to the road.
Transit facility means a facility providing accommodations by public, private, or nonprofit
entities for the conveyance of persons from one place to another by means of a transportation
system, including but not limited to: bus terminal, railroad station, freight terminal, airport,
helistop or seaport.
Sec. 8-10. Rules and Regulations.
(a) The City Manager, or his or her designee, may administratively issue, promulgate and
establish additional rules and regulations, consistent with this Article and applicable state
and federal laws, as determined to affect the policy of this Article. The Rules may include
Standard Operatina Procedures ("SOP") addressing issues with persons under the aae
of eiahteen (18) operating Motorized Scooters in violation of this Article. All additional
rules and regulations shall be made available on the City's website.
(b) Pilot Program: The City hereby o�)WbR)nss a continues the six (6) ME)RtI4 pilot program
(the "Pilot Term"), as may be extended subiect to Section 2-33 of the Citv Code. for the
continued operation of temporary Pilot Program Licenses within the boundaries of
Commission District 2 or as authorized by Ordinance.
(1) Operators shall have a maximum initial fleet of one hundred (100) Motorized
Scooters. Each Qpe Fater will depIG i RE) FneFe than fifty (50) MeteFized C/+eete Fs
d IFiRg the first two weeks of the oil„+ PFegFam Operators participating in the first six
(6) months of the Pilot Proaram enacted by Ordinance 13795 may retain their current
fleet size. Operators commencing the Pilot Proaram on or after November 1. 2019
will have a maximum fleet size of fiftv (50) Motorized Scooters durina the first two (2)
weeks of their participation, and thereafter one hundred (100) Motorized Scooters.
(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
increase in vehicles on the street or sidewalk/sidewalk area shall not exceed the
amount 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
City of Miami Page 5 of 14 File ID: 6261 (Revision: B) Printed on: 10/8/2019
File ID: 6261 Enactment Number: 13862
that their fleet provides on average less than two (2) rides per Motorized Scooter per
day.
(3) Notwithstanding Subsection (2), the City retains the right to require Operators to
reduce their fleet size, to impose a cap on fleet sizes or on the number of Operators
as is warranted, 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, each as may be warranted.
(4) During the duration of the Pilot Program, Operators shall designate two (2) local
operational staff who will be responsible for fielding complaints, addressing technical
difficulties, coordinating the rebalancing and removal of scooters parked illegally, and
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, authorizing the City Manager to issue a competitive solicitation for a more
permanent 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 may not operate, or cause 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 issued 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) An applicant shall file with the City a verified application statement that, at a minimum,
contains the following:
(1) The address of the applicant's operations center within the City, and the address of
the applicant's corporate headquarters, if different from the address of the operations
center;
(2) A witnessed signature of the applicant;
(3) 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;
(4) Documentary evidence from a bonding or insurance company or 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;
(5) Documentary evidence indicating that the applicant has applied for and received a
current Certificate of Use, Business Tax Receipt, Occupational License, and similar
permits and approvals, as applicable;
(6) An agreement to indemnify, hold harmless, and defend the City and the Department
of Off -Street Parkina, also referred to as the Miami Parkina Authoritv ("MPA"), in a
form acceptable to the City;
City of Miami Page 6 of 14 File ID: 6261 (Revision: B) Printed on: 10/8/2019
File ID: 6261
Enactment Number: 13862
(7) 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;
and
(8) The name of the person designated to Rebalance, remove, and/or relocate
Motorized Scooter(s), including their mailing address, telephone number, and e-mail
address.
(d) The application, includinq new Applications and all Applications in relation to anv
extension(s), renewal(s), or reinstatements of the Pilot Proqram, shall be accompanied
by a non-refundable licensing fee of $50,000, which shall be used to offset any costs to
the City and/or the Department of Off -Street Parking, also referred to as the Miami
parking Di th^rity (" MPA4 related to enforcement of this Section. Any excess licensing
fees shall be designated for sidewalk/sidewalk area and/or street improvements within
the Pilot Program Area. Anv extension, renewal or reinstatement of the Pilot Program
will require all Operators to comply with all requirements of the Pilot Program License,
includinq pavment of the fee, required insurance and bond.
(e) A Pilot Program License shall expire CIV (F) MGRthc fr^m +h^ d^+^ it is issued- at the
conclusion of the applicable Pilot Program.
(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 of ^^„wale ,++^ one dollar ($1.00) per Motorized
Scooter per day. The Motorized Scooter Fee shall be calculated monthly based on the number
of scooters authorized by the Citv of the current Deriodusage data. Pavments shall be paid in
full by the Operators and received from the Citv within thirtv (30) days of when invoiced. During
the duration of the Pilot Program, this Motorized Scooter Fee shall be designated for
sidewalk/sidewalk 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.
(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.
City of Miami Page 7 of 14 File ID: 6261 (Revision: B) Printed on: 10/8/2019
File ID: 6261 Enactment Number: 13862
(f) Motorized Scooters may not be parked in a manner that would impose 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 may not be parked in a visibility triangle as defined in Section 54-1
of this Code, measured in accordance with Section 3.8.4 of Miami 21 Code, the Zoning
Ordinance of the City of Miami, Florida, as amended.
(i) Motorized Scooters must be parked in a manner that is compliant with the applicable
provisions of the Americans with Disabilities Act of 1990.
(j) Motorized Scooters may not be parked in a way that blocks:
(1) Fire hydrants call boxes or other emergency facilities;
(2) Transit Facilities;
(3) Loading spaces or zones;
(4) Passenger loading spaces or zones, or valet parking service areas;
(5) Railroad tracks or crossings;
(6) Disabled or prohibited parking zones;
(7) Street furniture that requires pedestrian access (for example, benches, parking pay
stations, or bicycle/news racks);
(8) Window Displays;
(9) Building entryways; or
(10) 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.
(1) 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.
(m) Motorized Scooter Users should provide a picture of the parked scooters at the end of
their use so as to assure thev are not blockina pedestrian walkways, parked in a
hazardous manner, etc. In the event the Citv established anv marked and desianated
motorized scooter parkina corrals, scooters shall park in available spaces within such
corrals.
(n) Parkina violations, includina disabled parkina space violations, will be subiect to
remedies as are provided by State Uniform Traffic Control laws, this Article, and Section
1-13 of the Citv Code, titled "General Penaltv." Violations may be issued to Motorized
Scooter Drivers or Operators. Remedies are cumulative and not exclusive.
Sec. 8-14. Operations: Remedies.
(a) No one under the age of eighteen (181 shall operate a Motorized Scooter. Persons under
eighteen (18) vears of aae may not be Motorized Scooter Users or passenaers. No more
than one (1) person, eiahteen (18) vears of aae or older, may ride a Motorized Scooter
at anv one time. There shall be a fine of one hundred dollars ($100.00) imposed for each
instance that an unreaistered person is found to be a User or passenaer.
(b) Operators shall comply with all applicable rules, regulations, and laws, including any
additional rules and regulations promulgated by the City Manager, or his or her
designee. Operators should encouraae the use of a bicvcle helmet that is properly fitted
and is fastened securelv upon the passenaer's head by a strap, and that meets the
Federal safetv standard for bicvcle helmets, Final Rule, 16 C.F.R. Part 1203.
City of Miami Page 8 of 14 File ID: 6261 (Revision: B) Printed on: 10/8/2019
File ID: 6261
Enactment Number: 13862
Dorcnnc eperatiRg S_GG_ ,+orc Motorized Scooter Users shall be subject to all
rules, regulations, and laws, including any additional rules and regulations promulgated by the
City Manager, or his or her designee, applicable to Operater Motorized Scooter User, except
those which, by their very nature, can have no application. The City Manager may consider the
following factors in promulgating the rules: The National Association of City Transportation
Officials recommendations, inclusive of, cities should require Licensees/Operators to come to
agreement with the city on procedures and protocols for:
• extreme weather (e.g. blizzards, hurricanes, floods)
• emergencies (e.g. earthquakes, fires, etc.)
• special events (e.g. marathons, events, parades, film shoots, etc.)
• maintenance (e.g. debris and trash removal) for small vehicle parking zones.
Operators shall at all times maintain a staffed operations center within the City;
(c) Operators shall maintain a twenty-four (24) hour customer service phone number
prominently posted on each Motorized Scooter for customers and citizens to report
safety concerns, make complaints, ask questions, or request that a Motorized Scooter(s)
be relocated.
(d) Operators shall provide the City with the contact information for someone who can
Rebalance, remove, and/or relocate Motorized Scooter(s). The Operator shall
Rebalance, remove, and/or relocate a Motorized Scooter(s) within two (2) hours of
receiving notification from the City. An Operator shall notify the City within twentv-four
J241 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 MPA may, without prior notice to the Operator or Motorized Scooter
User, remove any Motorized Scooter(s) that is/are visibly damaged or non-functional, or
blocking the public right of way, or located outside the Pilot Program Area, and take it to
a MPA or other City facility for storage, at the sole expense of an Operator. The City
and/or MPA shall charge a fee of not to exceed $25.00 per scooter for removal and
storage. The City and/or the MPA shall invoice the Operator for the cost of removal 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) Each Motorized Scooter shall be equipped with active global positioning system (GPS)
technology.
(1) Each Motorized Scooter shall display the name of the Operator, (and if it can be
accommodated the local business address) along with a unique identification number.
Each Motorized Scooter shall have an identification number UID NO.#) matchina
motorized scooter QR code" and each diait within the ID NO. must be at least two inches
City of Miami Page 9 of 14 File ID: 6261 (Revision: B) Printed on: 10/8/2019
File ID: 6261 Enactment Number: 13862
(21 in heiaht. Each ID NO. # must be placed on both sides of the vertical post of the
scooter. This will aid reporting, monitoring, and compliance issues.
(m) Operators shall educate persons operating Motorized Scooters regarding the rules,
regulations, and laws applicable to riding, operating, and parking a Motorized Scooter.
An Operator's mobile application must provide information notifying a t+seFMotorized
Scooter User that:
(1) Motorized Scooters may be operated on Bike Paths, Bike Lanes, including those
within Citv Parks, and the Bavwalk, Streets,. or Sidewalks/Sidewalk Areas in a
manner similar to bicycles;
(2) 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, Street,
Road, Bike Path, Lane, Bavwalk, or Sidewalk Area;
(3) Motorized Scooters users shall at all times yield to pedestrians and shall give an
audible signal before overtaking and passing such pedestrian;
(4) The use of helmets while operating a Motorized Scooter is strongly encouraged;
(5) Operators will require every Motorized Scooter User to pass a Motorized Scooter
Safetv Education training as is provided by the Operator;
(6) Operators will require every Motorized Scooter User to show or scan a photographic
identification, which shall be a driver's license, a state identification, or a passport,
which must indicate that every Motorized Scooter User is at least eiqhteen (18) vears
o
(7) Operators must show every Motorized Scooter User a clear and legible map of the
mandated qeofenced areas within the Citv. For purposes of this Article a qeofenced
area is simply a virtual fence or a perimeter around a phvsical location where
Motorized Scooters are allowed to operate pursuant to this Article: and
(n) Operators will implement marketing and targeted community outreach plans, at their own
expense, and to the satisfaction of the City, to promote the use of Motorized Scooters,
particularly in low-income communities, and provide education regarding the rules,
regulations and laws applicable to riding, operating, and parking a Motorized Scooter, as
well as safe, prudent, defensive, and courteous operation.
(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) If the City, or MPA, incurs a cost in addressing or abating any violation of this Article, or
incurs any 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.
(r) Motorized Scooter Users shall have all of the riahts and duties applicable to a rider of a
bicvcle riders under Section 316.2065, Florida Statutes, titled "Bicycle reaulations,"
except the duties imposed by Sections 316.2065(2), (3)(b), and 3(c), Florida Statutes,
which by their nature do not apply. However, this Section may not be construed to
City of Miami Page 10 of 14 File ID: 6261 (Revision: B) Printed on: 10/8/2019
File ID: 6261
Enactment Number: 13862
prevent the Citv, through the exercise of its powers under Section 316.008, Florida
Statutes, from adopting an ordinance such as this Article governing the operation of
Micromobilitv Devices, Motorized Scooters on streets, highways, sidewalks, and
sidewalk areas under the Citv's iurisdiction.
(s) Motorized Scooter Users, pursuant to subsection (r) above, who are in violation of this
Article, or in violation of Applicable State Laws includinq State Uniform Traffic Control
Laws, will be subiect to enforcement as provided by applicable Florida Laws, this Article,
and as set forth Section 1-13 of the Citv Code, titled "General Penaltv." Remedies are
cumulative and are not exclusive.
Sec. 8-15. Data Sharing
(a) Operators shall cooperate with the City in the collection and analysis of aggregated data
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.
{b4 Operators shall publish to the API (1) the point location, and (2) identification number for
each Motorized Scooter. The City shall be permitted to display real-time data provided
via the API and may publish real-time Motorized Scooter availability data to the public.
(Gb) Operators shall publish to the API (1) the point location, and (2) identification number
for each Motorized Scooter. The City shall be permitted to display real-time data
provided via the API and may publish real-time Motorized Scooter availability data to the
public.
(dc) Operators shall also provide the following anonymized data for each trip record through
the API:
Field Name
Format
Company Name
[Company Name]
Trip Record Number
XXX0001, XXX0002,
XXX0003, ...
Trip Duration
MM:SS
Trip Distance
Feet
Start Date
MM/DD/YYYY
Start Time
HH:MM:SS (00:00:00 —
End Date
MM/DD/YYYY
End Time
HH:MM:SS (00:00:00 —
Start Location
XY or Lat/Lon Coordinates
XY or Lat/Lon Coordinates
Description
N/A
3 -Letter Company Acronym +
Consecutive Trip Number
N/A
N/A
N/A
N/A
N/A
N/A
N/A
End Location XY or Lat/Lon Coordinates N/A
Identification Number xxxx1, 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
City of Miami Page 11 of 14 File ID: 6261 (Revision: B) Printed on: 10/8/2019
File ID: 6261 Enactment Number: 13862
(2) points, a start point and end point. Additionally, it must include all possible GPS
samples collected by a provider.
Standard Cost: The cost, in cents that it would cost to perform that trip in the standard
operation of the System.
Actual Cost: The actual cost in cents paid by the user for the trip.
(d) Operators shall provide the Citv's Department of Innovation and Technologv with well-
developed data through the Mobilitv Data Standard ("MDS") in two (2) different feeds:
real-time/current information: and historical information. In -trip, route telemetry data is
required for analvsis in MDS Historical feeds, but may be excluded from the MDS
Realtime feed. However, operators must provide scooter availabilitv in real-time for
enforcement purposes.
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
and employees as additional insureds, and the coverage provisions must provide
coverage for any loss or damage that may arise to any person or property by reason of
the operation of a Motorized Scooter.
(c) An Operator shall maintain the following insurance coverages:
(1) 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
noncontributory basis, and should insure against premises and operations, personal
injury, and contingent and contractual exposures.
(2) 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.
(3) Workers Compensation subject to the statutory limits of the State of Florida.
(4) 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.
(5) Failure to maintain required insurance coverage is cause for immediate cancellation
of the License by the City Manager or his or her designee.
(d) Any insurance policy required by this Section must be on file with the Risk Management
Department, in a form acceptable to the City Manager, or his or her designee, prior to
the issuance of a License under this Article.
City of Miami Page 12 of 14 File ID: 6261 (Revision: B) Printed on: 10/8/2019
File ID: 6261 Enactment Number: 13862
(e) Insurance required under this Section must include a cancelation provision in which the
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
Manager, or his or her designee, any and all replacement insurance policies prior to the
cancelation or reduction of the same.
(f) An Operator may not be self-insured.
Sec. 8-17. Pavment and 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 as prescribed in Section 255.05, Florida Statutes, and in
a form acceptable to the City Manager, or his or her designee, prior to the issuance of a
License under this Article.
(b) Alternatively, an Operator may post an irrevocable letter of credit issued by a bank
authorized to transact business in Florida.
(c) The payment and performance bond or irrevocable letter of credit shall be in the sum of
$50,000.00, and must list the Operator as principal and be payable to the City.
(d) The payment and performance bond or irrevocable letter of credit must remain in effect
for the duration of the License.
(e) Cancellation of the payment and performance bond or irrevocable letter of credit does
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 cease 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 of this Section.
Sec. 8-18. Indemnification.
Operators shall indemnify, defend, and hold harmless the City, the MPA, jointly and
severally, and their respective officers, employees, agents and instrumentalities from any and all
liability, losses or damages, including any and all attorneys' fees and costs of defense, which
the City and its officers, employees, agents and instrumentalities may incur as a result of claims,
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
Sidewalks and Sidewalk Areas, Bike Lanes or Bike Paths, Streets. Bav walks. or other areas
within the City on which a Motorized Scooter is 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 losses in connection therewith and shall investigate
and defend all claims, suits or actions of any kind or nature in the name of the City, where
applicable, including administrative, trial, and appellate proceedings, and shall pay all costs,
judgments, and attorneys' fees which may issue thereon. Operators shall expressly 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
harmless the City, the MPA, or their officers, employees, agents and instrumentalities as
required by this Section. The obligation to indemnify, defend, and hold harmless will survive the
revocation, cancellation, or expiration of a License. The Operators will acknowledge on the
License Application Form, which will include this Indemnification in substantially the language
City of Miami Page 13 of 14 File ID: 6261 (Revision: B) Printed on: 10/8/2019
File ID: 6261 Enactment Number: 13862
provided by this Section, 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.
Motorized Scooters are only authorized to be used in the Pilot Program Area of
Commission District 2. Motorized Scooter use outside the Pilot Proqram Area is not lawful, is
not authorized and Operators shall defend, hold harmless and indemnifv the Citv and MPA for
every, anv, and all liabilities, losses or damages, including anv and all attorneys' fees and costs
of defense, which the Citv and its officers, emplovees, aqents and instrumentalities may incur as
a result of claims, demands, suits, causes of actions or proceedings of anv kind or nature for
Motorized Scooters Operatinq outside the Pilot Proqram Area including, without limitation, those
listed in this Section and the impoundment, seizure , and possible sale of Motorized Scooters
operating anvwhere outside of the Pilot Proqram Area in the Citv. In addition to other remedies
available the Citv may make a claim aqainst the Pavment and Performance Bond or Letter of
Credit submitted by the Operator and/or effectuate a revocation of their License.
Sec. 8-19. The Motorized Scooter Pilot program will, by virtue of this two (2) month extension,
commence on November 1, 2019 and automatically terminate on ` January 130, 20201-er
soxla�pthS#re.m. thee##e6t+bek date this -3 Whli'nThfor0 ro.r GG4Firc last. Anv further
extension of this Pilot Proqram may be approved by Resolution, subiect to Pilot Proqram
limitations set forth in Section 2-33 of the Code of the Citv of Miami, Florida, as amended. This
will not preclude the Citv from making this a permanent program."
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.
Section 4. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof, and to avoid a service gap, the existing Pilot Program under Ordinance No.
13795, adopted on October 11, 2018, is hereby extended through October 31, 2019.2
APPROVED AS TO FORM AND CORRECTNESS:
i ria i "ndez, Cify Attor.iey 10/7/2019
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 14 of 14 File ID: 6261 (Revision: B) Printed on: 10/8/2019