FR.2 - Regulate Micromobility Devices Operation

WHEREAS, the popularity of micromobility devices, including electric bicycles, motorized scooters, and rental micromobility devices (collectively “micromobility devices”) for transportation and recreational purposes has increased significantly in recent years; and

WHEREAS, micromobility devices have become more affordable than other types of transportation and proliferating the streets, sidewalks and right-of-ways in the City of Miami (“City”); and

WHEREAS, the reckless operation of micromobility devices in the City exposes the rider, as well as the pedestrians, bicyclists, and other motorists at risk of harm; and

WHEREAS, this City supports the use of electric micromobility devices in its jurisdiction in a manner that is safe and responsible; and

WHEREAS, Sections316.2128 and 316.20655, Florida Statutes, regulate micromobility devices including micromobility devices, motorized scooters, and electric bicycles and authorize the City, under certain circumstances, to adopt an ordinance governing the operation of micromobility devices on streets, highways, sidewalks, and sidewalk areas in the City’s jurisdiction;

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 fourth in this Section.

Section 2. Chapter 8 of the Code of the City of Miami, Florida, is hereby established in the following particulars.

“CHAPTER 8

BICYCLES, SKATEBOARDS, SCOOTERS, AND OTHER SIMILAR DEVICES

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ARTICLE III. MICROMOBILITY DEVICES,

ELECTRIC BICYCLES, AND MOTORIZED SCOOTERS.

Sec. 8-20. Regulation of Micromobility Devices, Electric Bicycles, and Motorized Scooters.

(a). Intent. It is the intent of this Section, under certain circumstances, to regulate the operation of micromobility devices, electric bicycles, and motorized scooters upon city right of ways and sidewalks to promote the safety of micromobility riders as well as the safety of pedestrians, bicyclists, and other motorists in the City. This Section shall not be relied upon as a determination that the City deems the operation of micromobility devices, electric bicycles, and motorized scooters on roads or public sidewalks as safe or advisable. All persons operating micromobility devices, electric bicycles, and motorized scooters do so at their own risk, and must be observant of, and attentive to, the safety of themselves and other motorists, bicyclists, and pedestrians.

(b). Applicability. This section shall not be construed to regulate wheelchairs or other power-driven mobility devices as defined under the Americans with Disabilities Act (ADA), 28 CFR 35.104, as may be amended.

(c). Definitions. As used in this Section:

(1) City public paths means property in the City regardless of ownership such as rights-of-way and sidewalks that are in the City’s jurisdiction and open to the public.

(2) Electric bicycle ore-bike means a bicycle or tricycle equipped with fully operable pedals, a seat or saddle for the use of the rider, and an electric motor of less than 750 watts. This term includes devices defined as electric bicycles pursuant to Section 316.003(23)(a)-(c), Florida Statutes, as may be amended.

(3) Micromobility device means motorized scooters and electric bicycles as defined herein, and shall include any motorized transportation device which is incapable of traveling at speeds greater than 20 miles per hour on level ground. This term shall also include those devices defined in Section 316.003(41), Florida Statutes, as may be amended. However, this term does not include wheelchairs or other powered mobility devices as defined pursuant to Title 28 Code of Federal Regulations, Section 35.104, as may be amended.

(4) Motorized scooter or scooter means any vehicle or micromobility device, other than an electric bicycle, 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 (3) wheels, and which is not capable of propelling the vehicle at a speed greater than 20 miles per hour on level ground. This term includes those devices defined as motorized scooters pursuant to Section 316.003(48), Florida Statutes, as may be amended.

(5) Rider or operator means a person riding, driving, or otherwise operating a micromobility devices, electric bicycles, and motorized scooters.

(6) Right-of-way means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian under such circumstances of direction, speed, and proximity as to give rise to danger of collision unless one grants precedence to the other pursuant to Section 316.003(72), Florida Statutes, as may be amended. This includes land devoted to or required for use as a roadway, sidewalk, or other associated feature, and includes, without limitation, (i) all existing or dedicated road rights-of-way and (ii) all proposed dedications of road rights-of-way set forth on tentative plats.

(7) Sidewalk means that portion of a right-of-way between the curbline, or the lateral line, of a roadway and the adjacent property lines, intended for use by pedestrians pursuant to Section 316.003(82), Florida Statutes, as may be amended.

(d) Operation and parking.

(1) Riders of micromobility devices, electric bicycles, and motorized scooters shall comply with all applicable State statutes in accordance to Chapter 316 of the Florida Statutes, traffic laws, rules, regulations, and city ordinances as may be applicable to micromobility devices.

(2) Ridership of more than one (1) person on any micromobility devices, electric bicycles, and motorized scooters is prohibited, unless such micromobility device is specifically designed to carry more than one (1) person. This restriction shall not be construed to prohibit an adult rider from carrying a child securely attached and wearing a helmet.

(3) The maximum speed of a micromobility devices, electric bicycles, and motorized scooters on all street rights-of-way shall be limited to 20 miles per hour.

(4) The operation of micromobility devices, electric bicycles, and motorized scooters upon a public sidewalk or walkway dedicated to pedestrian traffic is prohibited except for the purpose walking the micromobility devices, electric bicycles, and motorized scooters or parking the device.

(5) Micromobility devices shall only be operated within bike lanes, if available, or upon streets and rights-of-way with a posted speed limit of 30 miles per hour or less.

(6) Micromobility devices shall not be parked on sidewalks, except in a location designated for such parking, or in a manner that obstructs the ingress or egress of any establishment, or in a manner that prevents any sidewalk or walkway from maintaining at least three(3) feet clearance for pedestrians.

(7) Riders of micromobility devices, electric bicycles, and motorized scooters may be ticketed for traffic violations pursuant to provisions of Chapters 316 and 318, Florida Statutes, as applicable, in the same manner as motor vehicles.

(8) Riders under the age of sixteen (16) shall be prohibited from operating all micromobility devices, electric bicycles, and motorized scooters operating on streets and rights-of-way.  A rider must possess a valid government-issued photographic identification while operating micromobility devices, electric bicycles, and motorized scooters.

(e) Enforcement.

(1) This section shall be enforced pursuant to chapter 2, article X, of the City Code, as amended, or any other enforcement mechanism as provided by law. Use of one means of enforcement shall not preclude the use of any other remedies. Civil fines issued pursuant to this article are appealable to a special magistrate. Uniform Traffic Citations may also be issued by City of Miami Police.

(2) Each violation, and each day, or portion thereof, shall constitute a separate offense and punishable as by a $100.00 fine or as a noncriminal infraction punishable as a violation as provided in Chapter 318, Florida Statutes.”

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 immediately after final reading and adoption thereof.