Miami Beach

Pedal Stoppers

Commissioners can’t agree how to define a ‘pedicab,’ but they voted to ban them in touristy areas anyway 

By Ben Torter

How to regulate bicycle taxis, or pedicabs as they’re commonly called, is causing quite a stir around Miami Beach City Hall.

Three companies have introduced the pedal taxis to South Beach over the last few months, and while the vehicles appear to be gaining in popularity with locals and tourists, the sentiment in the city manager’s office and among commissioners is against them.

The law doesn’t allow the outright banning of pedicabs, but commissioners are proposing heavy regulations that would all but kill the burgeoning industry.

Currently, pedicabs are not allowed to carry passengers on Ocean Drive, Collins Avenue, Washington Avenue, Alton Road and many major side streets.

Commissioners voted 6-1 on June 25 to also ban them from Lincoln Road and all city sidewalks, despite being unable to agree on points as simple as the definition of a pedicab. Among other things, such as requiring helmets for minor passengers, the ordinance imposes monetary penalties and possible revocation of pedicab licenses. Fines are as follows: first offense, $250; second, $500; third, $1,000; fourth, $2,000 plus weekend permit revocation. A fifth offense would incur a $3,000 fine plus two weekend permit revocations.

The ordinance must pass on second reading in July for the new restrictions and fines to go into effect.

Commissioner Deede Weithorn cast the one dissenting vote because, she said, she “just thought the ordinance wasn’t ready.”

The ordinance was almost deferred for more discussion, until Mayor Matti Bower and Commissioner Jerry Libbin urged the vote be taken in the interest of banning pedicabs from sidewalks and Lincoln Road as quickly as possible. Since there is no commission meeting in August, if the vote had been postponed, September would have been the earliest the ban could have gone into effect.

“In this day and age, the car is the enemy, not the bicycle,” said Shuly Zimmerman, who owns and operates Green Rides, the largest pedicab company in Miami Beach, with a fleet of about 10 bikes. Bower abruptly cut him off as he explained that he wished city officials had consulted him when creating the ordinance. Although commissioners allowed him to speak for a few minutes before the vote, they didn’t appear to be listening, as some of them carried on side conversations.

“We are going to have a discussion between first and second reading at the Transportation Committee,” Bower said.

Weithorn wasn’t the only official who had problems with the ordinance.

“The city’s boxed into a position where we have to approve something, so really we’re approving nothing,” Commissioner Saul Gross said.

Gross admitted to not being a “big fan of them,” but expressed a willingness to negotiate and open up more of the city to pedicabs, as long as they are kept off pedestrian walkways.

“If you’re going to have them, I don’t have a problem with them on Washington and Collins,” Gross said. “If we’re going to have them, we should have them on many of those streets. Why do I care if they’re on Washington?”

Commissioners (many of whom are no longer in office) decided in December 2006 that pedicabs were unsafe on those roads after hearing testimony from representatives of the Police, Fire, and Public Works departments.

“I kind of agree with Saul,” Weithorn said. “I think if we’re going to have them, have them.”

Zimmerman said he will take the city to court on grounds that the ordinance is unconstitutional. “The ordinance is aimed at my wallet,” he said.

Libbin showed no sympathy, pushing for heavier fines and greater restrictions. “Yes,” Libbin said. “I agree [the restrictions are] going to make it very difficult for these businesses to make money.”

Comments? E-mail ben@miamisunpost.com