Legislative Matter

Miami-Dade Legislative Item
File Number: 181331

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File Number: 181331

File Type: Resolution

Status: Amended

Version: 0

Reference:

Control: Board of County Commissioners

File Name: UNATTENDED BICYCLES LEFT ON COUNTY RIGHTS-OF-WAY

Introduced: 5/24/2018

Requester: NONE

Cost:

Final Action:

Agenda Date: 7/10/2018

Agenda Item Number: 11A7

Notes:

SEE 181904 FOR FINAL VERSION AS ADOPTED.

Title:

RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO ENFORCE THE PROVISIONS OF SECTION 2-103.16(G) AND (H) OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, WITH RESPECT TO UNATTENDED BICYCLES LEFT ON COUNTY RIGHTS-OF-WAY IN VIOLATION OF SECTION 2-103.16(B) OF THE CODE AND TO PROVIDE A REPORT

Indexes:	CODE ENFORCEMENT
	BICYCLE

Sponsors:	Joe A. Martinez, Co-Prime Sponsor
	Sen. Javier D. Souto, Co-Prime Sponsor

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

Board of County Commissioners	7/10/2018	11A7	Amended
REPORT:	(See Agenda Item 11A7 Amended; Legislative File No. 181904 for the Amended Version).

Transportation and Public Works Committee	6/14/2018	2A	Forwarded to BCC with a favorable recommendation				P
REPORT:	The foregoing proposed resolution, along with Items 2B, 2C and 2D, were considered simultaneously. Vice Chairwoman Edmonson opined that scooters should be included in the foregoing proposed resolution and indicated she would request an amendment at the Board of County Commissioners meeting. In response to Commissioner Sosa’s inquiry whether the proposed resolution applied to personal bicycles, Assistant County Attorney Annery Alfonso advised it would apply to any bicycle that was left unattended on rights-of-way, whether it was a personal or rented bicycle. Commissioner Sosa said she supported forwarding the items to the Board of County Commissioners where amendments could be made. There being no further questions or comments, the Committee proceeded to vote on the foregoing proposed resolution as presented.

County Attorney	5/24/2018		Assigned	Annery Pulgar Alfonso		5/24/2018

County Attorney	5/24/2018		Referred	Transportation and Public Works Committee	6/14/2018

Legislative Text

TITLE
RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO ENFORCE THE PROVISIONS OF SECTION 2-103.16(G) AND (H) OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, WITH RESPECT TO UNATTENDED BICYCLES LEFT ON COUNTY RIGHTS-OF-WAY IN VIOLATION OF SECTION 2-103.16(B) OF THE CODE AND TO PROVIDE A REPORT

BODY
WHEREAS, recently, there has been an influx of bicycles left unattended on County rights-of-ways, including sidewalks, throughout Miami-Dade County; and
WHEREAS, those unattended bicycles, which may include privately owned bicycles available for public rental, are obstructing County rights-of-way and may be presenting safety and access concerns; and
WHEREAS, section 2-103.16(b) of the Code of Miami-Dade County, Florida, (the �Code�) prohibits any individual, corporation, or other legal entity from leaving a bicycle unattended on any County right-of-way in this manner; and
WHEREAS, the Code, provides for enforcement mechanisms for bicycles left unattended on County rights-of-way; and
WHEREAS, pursuant to section 2-103.16(g) of the Code, the director of the Department of Transportation and Public Works has the authority to order the removal of unattended bicycles left on County rights-of-way; and
WHEREAS, pursuant to section 2-103.16(h), the owner of a bicycle left unattended on a County right-of-way may also be subject to enforcement actions pursuant to Chapter 8CC of the Code, including a $100.00 civil penalty; and
WHEREAS, it is in the best interest of the County to increase the enforcement of the provisions of section 2-103.16(g) and (h) in order to maintain all County rights-of-way clear of any obstructions and to promote the safety of the traveling public,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board directs the County Mayor or County Mayor�s designee to enforce the provisions of section 2-103.16(g) and (h) of the Code of Miami-Dade County, Florida, (the �Code�) with respect to any unattended bicycles left on County rights-of-way in violation of section 2-103.16(b) of the Code, including but not limited to ordering the removal of same, issuing appropriate civil penalties, or any other actions deemed appropriate to accomplish this goal. This Board further directs the County Mayor or County Mayor�s designee to report within 60 days of the effective date of this resolution regarding the enforcement actions taken and shall place the completed report on an agenda of this Board pursuant to Ordinance No. 14-65.