Ordinances - R5 M

COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: December 9, 2020 5:01 p.m. Second Reading Public Hearing

SUBJECT: RENTAL PROHIBITION OF CERTAIN MOTOR VEHICLES AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "ZONING DISTRICTS AND REGULATIONS," BY AMENDING ARTICLE I, ENTITLED "GENERAL TO ALL ZONING DISTRICTS," BY CREATING SECTION 142-3, ENTITLED "RENTALS OR LEASES OF MOPEDS, MOTORCYCLES THAT ARE POWERED BY A MOTOR WITH A DISPLACEMENT OF 50 CUBIC CENTIMETERS OR LESS, AND MOTORIZED PROHIBITED IN THE CITY OF MIAMI BEACH," WHICH SHALL PROHIBIT PERSONS AND BUSINESS ENTITIES FROM ENGAGING IN THE RENTAL OR LEASE OF CERTAIN IDENTIFIABLE VEHICLES (WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO MOPEDS, MOTORIZED BICYCLES, GOLF CARTS AND LOW SPEED VEHICLES) AND ESTABLISHING THOSE RESPECTIVE DEFINITIONS FOR SUCH PROHIBITED VEHICLES; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.

RECOMMENDATION The administration recommends that the City Commission adopt the subject ordinance.

BACKGROUND/HISTORY On September 16, 2020, at the request of Commissioner David Richardson, the City Commission referred the item to the Land Use and Sustainability Committee and the Planning Board (Item C4 O). On September 22, 2020 the Land Use and Sustainability Committee (LUSC) reviewed the ordinance and recommended approval.

ANALYSIS ANALYSIS The proposed ordinance would amend those permitted uses within the City’s zoning districts for the purpose of prohibiting future persons and business entities from engaging in the rental or lease of certain identifiable vehicles, including but not limited to mopeds, motorized bicycles, golf carts and low speed vehicles. However, such amendments would allow those existing businesses which presently provide such rentals or leases to continue to operate as a legal non-

Page 1047 of 2668 conforming use.

The ordinance also addresses quality of life concerns raised by many of the City’s residents, particularly as it pertains to the increased presence of businesses that rent and lease mopeds, motorized bicycles, golf carts and low speed vehicles. The use of these vehicles continues to result in a large number of violations of State and local laws, as well as generate a great deal of complaints regarding dangerous and reckless conduct.

PLANNING BOARD REVIEW On September 22, 2020 the Planning Board reviewed the ordinance and due to a noticing issue, it was re-advertised for the October 27, 2020 meeting. On October 27, 2020 the Planning Board held a public hearing and transmitted the ordinance to the City Commission with a favorable recommendation by a vote of 7-0.

UPDATE The subject ordinance was approved at first reading on November 18, 2020 with no changes.

CONCLUSION The administration recommends the City Commission adopt the subject ordinance.

Applicable Area Citywide

Is this a "Residents Right Does this item utilize G.O. to Know" item, pursuant to Bond Funds? City Code Section 2-14? Yes No

Legislative Tracking Planning/Office of the City Attorney Sponsor Commissioner David Richardson & Co-Sponsored by Commissioner Samuelian

ATTACHMENTS: Description Ad Ordinance Additonal Information

Page 1048 of 2668 SUNDAY NOVEMBER 12020 27NE MIAMI HERALD.COM NEIGHBORS I MIAMI BEACH MIAMI BEACH CITY OF MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING ORDINANCE AMENDING RENTAL PROHIBITION ORDINANCE AMENDING THE RPS-4 (RESIDENTIAL OF CERTAIN MOTOR VEHICLES PERFORMANCE STANDARD) DISTRICT NOVEMBER 18, 2020 CITY COMMISSION MEETING ACCESSORY USE FOR NEIGHBORHOOD IMPACT

As society returns to a "new-normal," the City of Miami Beach will host a hybrid Commission meeting on ESTABLISHMENTS (NIE) November 18, 2020. The Mayor and at least tour Commissioners will be physically present in a socially distanced manner at the Commission Chamber, Third Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida. NOVEMBER 18, 2020 CITY COMMISSION MEETING (Note that this location is subject to change, please contact the Office ot the City Clerk for possible updates.) As society returns to a new-normal," the City of Miami Beach will host a hybrid Commission meeting on Members of the public may comment on any item on the agenda using the Zoom plattorm. Members of the public November 18, 2020. The Mayor and at least tour Commissioners will be physically present in a socially distanced wanting to participate virtually may do so via video conferencing. To participate or provide comments virtually, manner at the Commission Chamber, Third Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida. the public may join the City Commission Meeting at: https://miamibeach/H-gov.zoom.us/j/86076255237 or via (Note that this location is subject to change, please contact the Office of the City Clerk tor possible updates.) telephone at: 1,301.715.8592 (U.S.) or 877.853.5257 (Toll Free). The Webinar ID is: 86076255237+. Members of Members ol the public may comment on any item on the agenda using the Zoom platform. Members of the public the public wanting to virtually speak on an item during the City Commission Meeting. must click the "raise hand wanting to participate virtually may do so via video conferencing. To participate or provide comments virtually, icon it using the Zoom app or press 9 on the telephone to raise their hand. the public may join the City Commission Meeting at: https://miamibeachfH-gov.zoom.us/j/86076255237 or via telephone at 1,301.715.8592 (U.S.) or 877.853.5257 (Toll Free). The Webinar ID is: 86076255237. Members of NOTICE IS HEREBY GIVEN that the following Second Reading/Public Hearing will be heard by the Mayor the public wanting to virtually speak on an item during the City Commission Meeting, must click the raise hand" and City Commissioners of the City of Miami Beach, Florida, on November 18, 2020 at the following time, or as icon if using the Zoom app or press "9 on the telephone to raise their hand. soon thereafter as the matter can be heard: NOTICE IS HEREBY GIVEN that the following Second Reading/Public Hearing will be heard by the Mayor 9;10 am. First Reading Public Hearing and City Commissioners of the City of Miami Beach, Florida, on November 18, 2020 at the following time, or as RENTAL PROHIBITION OF CERTAIN MOTOR VEHICLES soon thereafter as the matter can be heard: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING 5:08 p.m. Second Beading Public Hiearing CHAPTER 142 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "ZONING DISTRICTS AND R-PS4 ACCESSORY USE AMENDMENTS FOR NIE REGULATIONS," BY AMENDING ARTICLE I, ENTITLED "GENERAL TO ALL ZONING DISTRICTS," BY CREATING AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SECTION 142-3, ENTITLED "RENTALS OR LEASES OF IDENTIFIABLE VEHICLES THAT ARE POWERED BY A THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED "LAND DEVELOPMENT REGULATIONS," MOTOR PROHIBITED IN THE CITY OF MIAMI BEACH," WHICH SHALL PROHIBIT PERSONS AND BUSINESS BY AMENDING CHAPTER 142 OF THE CITY CODE ENTITLED "ZONING DISTRICTS AND REGULATIONS." ENTITIES FROM ENGAGING IN THE RENTAL OR LEASE OF CERTAIN IDENTIFIABLE VEHICLES (WHICH SHALL ARTICLE II, ENTITLED "DISTRICT REGULATIONS," DIVISION 18, ENTITLED "PS PERFORMANCE STANDARD INCLUDE, BUT NOT BE LIMITED TO MOPEDS, MOTORIZED BICYCLES. GOLF CARTS AND LOW SPEED DISTRICT," BY AMENDING SECTION 142-693, ENTITLED "PERMITTED USES," TO PERMIT NEIGHBORHOOD VEHICLES); AND ESTABLISHING THOSE RESPECTIVE DEFINITIONS FOR SUCH PROHIBITED IDENTIFIABLE IMPACT ESTABLISHMENTS AS A CONDITIONAL USE WHEN SUCH USE IS AN ACCESSORY TO OCEANFRONT APARTMENT WITH 300 UNITS MORE, AND TO FURTHER PERMIT SUCH NEIGHBORHOOD IMPACT VEHICLES; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ESTABLISHMENTS APPROVED BY THE PLANNING BOARD AS A CONDITIONAL USE TO OPERATE OPEN Ihis Ordinance is being heard pursuant to Section 2.05 ot the City Charter, Section 118-166 OF THE City's Land AREAS ABOVE THE GROUND FLOOR WITH A MAXIMUM PATRON-OCCUPANT LOAD OF 250 PERSONS, Development Code, and $166.041 FS. Inquiries may be directed to the Planning Department at 305.673.7550 or SUBJECT TO SPECIFIC USE LIMITATIONS INTENDED TO PREVENT IMPACTS ON NEIGHBORING RESIDENTIAL the Otice ot the City Attorney at 305.673. 7730. COMMUNITIES, AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. INTERESTED PARTIES are invited to take part in this meeting or be represented by an agent. The public may This Ordinance is being heard pursuant to Section 118- 164 ot the City's Land Development Code. Inquiries may be submit written comments by sending an email to: [email protected] by 5:00 p.m. the day before the City directed to the Planning Department at 305.673.7550. Commission Meeting. Please identity the Agenda Item Number in the email subject line. Emails received will be INTERESTED PARTIES are Invited to take part In this meeting or be represented by an agent. The public may tor warded to the Mayor and Commissioners and will be included as a part of the meeting record. submit written comments by sending an email to: [email protected] by 5:00 p.m. the day before the City Copies of Agenda ltems are available for public inspection at: https://www.miamibeachtl.gov/city-hall/ Commission Meeting. Please identity the Agenda Item Number in the email subject line. Emails received will be forwarded to the Mayor and Commissioners and will be included as a part of the meeting record. city-clerk/agenda-archive-main-page-2/. This meeting, or any item therein, may be continued, and under such circumstances, additional legal notice need not be provided. Copies o! Agenda ltems are available tor public inspection at: https://www.miamibeachtl.gov/city-hall/ city-clerk/agenda-archive-main-page-2/. This meeting, or any item therein, may be continued, and under such Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that it a person decides to circumstances, additional legal notice need not be provided. appeal any decision made by the City Commission with respect to any matter considered at lis meeting or Its Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that it a person decides to hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes appeal any decision made by the City Commission with respect to any matter considered at its meeting or its the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the City tor the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by challenges or appeals not otherwise allowed by law. the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize To request this material in alternate format, sign language interpreter (fiveda y notice required), information challenges or appeals not otherwise allowed by law. on access tor persons with disabilities, and/or any accommodation to review any document or participate in any To request this material in alternate tormat, sign language interpreter (fiveda y notice required), information City-sponsored proceedings, call 305.604.2489 and select 1 tor English or 2 tor Spanish, then option 6; TTY on access for persons with disabilities, and/or any accommodation to review any document or participate In any users may call via 711 (Florida Relay Service). City-sponsored proceedings, call 305.604.2489 and select 1 for English or 2 tor Spanish, then option 6; TTY users may call via 711 (Florida Relay Service). The City Commission Meeting will be broadcast live on Miami Beach TV (MBTV), viewable on the City's The City Commission Meeting will be broadcast live on Miami Beach TV (MBTV), viewable on the City's website at https://www.miamibeachfl.gov/government/mbtv/, as well as on Atlantic Broadband Cable channel website at https://www.miamibeachfl.gov/government/mbtv/, as well as on Atlantic Broadband Cable channel 660, ATAT U-verse channel 99, Hotwire Communications channel 395, and ROKU device on PEG.TV channel, and 660, AT&T U-verse channel 99, Hotwire Communications channel 395, and ROKU device on PEG.TV channel, and on social media at hltps://www.facebook.com/cltyolmiamlbeach. on social media at https://www.facebook.com/cityotmiamibeach. Rafael E. Granado, City Clerk Rafael E. Granado, City Clerk City of Miami Beach City of Miami Beach [email protected] [email protected] 305.673.7411 305.673.7411 Ad 11182020-03 Ad 11182020-06

Page 1049 of 2668 ORDINANCE NO. _____

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "ZONING DISTRICTS AND REGULATIONS," BY AMENDING ARTICLE I, ENTITLED "GENERAL TO ALL ZONING DISTRICTS," BY CREATING SECTION 142-3, ENTITLED "RENTALS OR LEASES OF MOPEDS, MOTORCYCLES THAT ARE POWERED BY A MOTOR WITH A DISPLACEMENT OF 50 CUBIC CENTIMETERS OR LESS, AND MOTORIZED BICYCLES PROHIBITED IN THE CITY OF MIAMI BEACH," WHICH SHALL PROHIBIT PERSONS AND BUSINESS ENTITIES FROM ENGAGING IN THE RENTAL OR LEASE OF CERTAIN IDENTIFIABLE VEHICLES (WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO MOPEDS, MOTORIZED BICYCLES, GOLF CARTS AND LOW SPEED VEHICLES) AND ESTABLISHING THOSE RESPECTIVE DEFINITIONS FOR SUCH PROHIBITED VEHICLES; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach (the "City'') is an internationally renowned tourist destination; and WHEREAS, due to the City's domestic and international popularity as a resortdestination, many events, both authorized by City permits and otherwise, occur on a regular and frequent basis; and WHEREAS, the large influx of visitors places additional stress on the City's infrastructure, including the City's beaches, parks, roadways and sidewalks, and places increased demands on the City's police, fire, code compliance and sanitation resources; and WHEREAS, these additional stressors include the large number of visitors who rent golf carts, low-speed vehicles, mopeds, motorcycles that are powered by a motor with a displacement of 50 cubic centimeters or less, motorized bicycles, and motorized scooters, largely in order to "joyride" around the City; and WHEREAS, due to their small size, golf carts, low-speed vehicles, mopeds, motorcycles that are powered by a motor with a displacement of 50 cubic centimeters or less, motorized bicycles, and motorized scooters may be used to weave in and out of traffic, and on and off sidewalks and paths, thereby endangering pedestrians, cyclists, and operators of other motor vehicles; and

WHEREAS, on May 16, 2018, the Mayor and City Commission adopted Ordinance No. 2018-4196, amending Chapter 70 of the City Code, entitled "Miscellaneous Offenses," to establish regulations for the rental or lease of electric bicycles, mopeds, motorcycles, motorized bicycles, and motorized scooters; and prohibit the rental or lease of a moped, a motorcycle that is powered by a motor with a displacement of 50 cubic centimeters or less, or a motorized bicycle, during specified dates each year; and WHEREAS, on January 16, 2019, the Mayor and City Commission adopted Ordinance No. 2019-4232 amending Section 70-70.1 of the City Code, entitled "Responsibilities of persons and business entities providing rentals or leases of mopeds, motorcycles, and motorized

Page 1050 of 2668 bicycles," to remove the prohibition regarding the rental or lease of a moped, motorcycle or motorized bicycle during specified dates each year, and instead set forth certain requirements with which those persons and business entities that provide rentals or leases of mopeds, motorcycles powered by motors with a displacement of 50 cubic centimeters or less, and motorized bicycles must comply; and WHEREAS, on September 16, 2020, the Mayor and City Commission passed and adopted an ordinance which once more amended Section 70-70.1 of the City Code, by limiting the total number of mopeds, motorcycles, and motorized bicycles which business entities may rent or lease; authorizing the city manager to prohibit the rental or lease of such vehicles upon a declaration of a high impact period; prohibiting the overnight rental or lease of such vehicles; mandating certain signage requirements regarding the prohibited hours of operating such vehicles (7 p.m. through 7 a.m.); and setting forth additional penalties for such violations; and WHEREAS, the Mayor and City Commission, and City Administration continue to receive numerous complaints regarding the careless and illegal operations of these rented and leased golf carts, low-speed vehicles, mopeds, motorcycles that are powered by a motor with a displacement of 50 cubic centimeters or less, motorized bicycles, and motorized scooters within the City; and WHEREAS, City Police Department records demonstrate that the increased presence of businesses within the City that rent and lease the above referenced vehicles continues to result in a large number of violations of State and local laws, and generate a great deal of complaints of dangerous and reckless conduct; and WHEREAS, in light of the dangers posed by increased numbers of rented and leased golf carts, low-speed vehicles, mopeds, motorcycles that are powered by a motor with a displacement of 50 cubic centimeters or less, motorized bicycles, and motorized scooters in the City, the Mayor and City Commission desire to adopt the amendments set forth herein, as necessaryto promote the public safety of the City' s residents and visitors. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. Article 1 of Chapter 142 of the Code of the City of Miami Beach is hereby amended as follows:

CHAPTER 142 * * *

ZONING DISTRICTS AND REGULATIONS * * *

ARTICLE I. GENERAL TO ALL ZONING DISTRICTS * * *

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Page 1051 of 2668 Sec. 142.3 Rentals or leases of mopeds, motorcycles, and motorized bicycles are prohibited uses in the City of Miami Beach. The following definitions are applicable to this section:

Golf cart means a motor vehicle designed and manufactured for operation on a golf course for sporting or recreational purposes.

Low-speed vehicle means any four-wheeled vehicle whose top speed is greater than 20 miles per hour but not greater than 25 miles per hour, including, but not limited to, neighborhood electric vehicles.

Moped means any vehicle with pedals to permit propulsion by human power, having a seat or saddle for the use of the rider and designed to on not more than three wheels, with a motor rated not in excess of two brake horsepower and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level ground and with a power-drive system that functions directly or automatically without clutching or shifting gears by the operator after the drive system is engaged. If an internal combustion engine is used, the displacement may not exceed 50 cubic centimeters. The term does not include an .

Motorcycle means any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground (including those vehicles commonly known as motor scooters). The term includes an autocycle, but does not include a tractor, a moped, an electric bicycle, or any vehicle in which the operator is enclosed by a cabin unless it meets the requirements set forth by the National Highway Traffic Safety Administration for a motorcycle.

Motorized bicycle means a bicycle propelled by a combination of human power and an electric helper motor capable of propelling the vehicle at a speed of not more than 20 miles per hour on level ground, having two tandem wheels, and including any device generally recognized as a motorized bicycle though equipped with two front or two rear wheels. The term does not include such a vehicle with a seat height of no more than 25 inches from the ground when the seat is adjusted to its highest position or a scooter or similar device.

Motorized scooter means any vehicle or micromobility device that is powered by a motor with or without a seat or saddle for the use of the rider, which is designed to travel on not more than three wheels, and which is not capable of propelling the vehicle at a speed greater than 20 miles per hour on level ground. The term does not include an electric bicycle. a) The rental or lease of golf carts, low-speed vehicles, mopeds, motorcycles that are powered by a motor with a displacement of 50 cubic centimeters or less, motorized bicycles, and motorized scooters is prohibited in the City of Miami Beach. These uses are prohibited in any zoning category within the city, whether as a main, conditional, or accessory use. b) Notwithstanding the foregoing, golf courses shall be exempt from the prohibition herein concerning the rental or lease of golf carts. c) Any amendment to this section 142-3 (including the repealer thereof}, which would create a less stringent regulation on the rentals or lease of any golf carts, low-speed vehicles, mopeds, motorcycles that are powered by a motor with a displacement of 50 cubic centimeters or less,

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Page 1052 of 2668 motorized bicycles, and motorized scooters, or any of the uses listed herein, shall require an affirmative vote of 5/?ths of the city commission.

SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.

SECTION 3. SEVERABILITY. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance.

SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word" ordinance" may be changed to" section," article," or other appropriate word.

SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect the_ day of _____ , 2020.

PASSED and ADOPTED this_ day of ____ , 2020.

ATTEST: Dan Gelber, Mayor

Rafael E. Granado, City Clerk

Underline denotes additions Strikethrough denotes deletions

(Sponsored by: Commissioner David Richardson) (Co-sponsored by: Mark Samuelian)

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Page 1053 of 2668 Agenda Item: R5 M Date: 12/9/2020 MIAMI BEACH

Cityof Miami Beach, 1700 Convention Center Drive, Miomi Beech, Florida 33139, www.miamibeachfl.gov SUPPLEMENTAL MEMORANDUM To: Mayor Dan Gelber Members of the City Commission Jimmy Morales, City Manager

cc: Rafael Granado, City Clerk From: Raul J. Aguila, City Attorne2_,-J ) n �\----­ Aleksandr Boksner, Chief Deputy City )J(orney

Date: December 9, 2020

Subject: Agenda Item RS M Supplemental Memorandum

On December 11, 2019, the Mayor and City Commission passed and adopted Resolution No. 2019-31105, which authorized the City Manager to negotiate an amendment to the existing contract between the City and Deco Bike, LLC (d/b/a Citibike) to incorporate those provisions necessary for the implementation of a docked, electric-assisted bicycle sharing program ("electric­ assisted bicycle program") within the City of Miami Beach. Consequently, such electric-assisted bicycle program, which was specifically authorized by the Mayor and City Commission, pursuant to Resolution No. 2019-31105, has already been authorized and (conceptually) permitted to operate within the City. Therefore, those prohibitions set forth under Section 142-3 of the City Code, would not apply to Citibike's electric-assisted bicycle program, until the electric-assisted bicycle program is discontinued, abandoned, or otherwiseterminated.

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