HomeMy WebLinkAboutOrdinance_10-20_01/14/2021ORDINANCE NO. 10-20
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE -OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 46. MOTOR VEHICLES AND TRAFFIC.
ARTICLE I. IN GENERAL. TO CREATE AN ENTIRELY NEW SECTION
46-4 ENTITLED "ELECTRIC BICYCLES ON SIDEWALKS
PROHIBITED" PROVIDING DEFINITION, PROHIBITION,
ENFORCEMENT, AND PENALTIES FOR THE OPERATION OF
ELECTRIC BICYCLES, OR E-BIKES, ON SIDEWALKS WITHIN THE
VILLAGE; PROVIDING THAT EACH AND EVERY OTHER SECTION
AND SUBSECTION OF CHAPTER 46. MOTOR VEHICLES AND
TRAFFIC. SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE; A
SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, House Bill 971, titled `Electric Bicycles,' was approved by Governor
DeSantis following Florida's 2019-2020 legislative session and subsequently became effective on
July 1, 2020; and
WHEREAS, House Bill 971 provides regulations for the operation of electric bicycles ("e-
bikes"), as located primarily in the newly -created Section 316.20655, Florida Statutes, titled
"Electric bicycle regulations"; and
WHEREAS, Section 316.20655, Florida Statutes provides that an e-bike and Zits operator
are afforded all the rights, privileges, and duties of a traditional non -motorized bicycle and its
operator, but that this provision "may not be construed to prevent a local government, through the
exercise of its powprs under [Section 316.008, Florida Statutes], from adopting an ordinance
governing the operation of electric bicycles on streets, highways, sidewalks, and sidewalk areas
under the local government's jurisdiction"; and
WHEREAS, Section 316.008(7)(a), Florida Statutes expressly authorizes Florida local
governments, through exercise of their police power, to control or regulate the operation of electric
bicycles on sidewalks or sidewalk areas; and
WHEREAS, the Village Council of the Village of Tequesta finds that the use and
operation of electric bicycles on sidewalks within the Village of Tequesta's jurisdiction may pose
a potential safety hazard due to the concentrated use of the Village's sidewalks by pedestrians,
traditional bicycles, inlin4aters, pet owners who are walking dogs, and other members of the
public; and
WHEREAS, the Village Council finds that the best way to preserve the safety for all users
of the Village's sidewalks and sidewalk areas is to prohibit of the operation of e-bikes on sidewalks
throughout the Village's jurisdiction; and
WHEREAS, the Village Council finds that the adoption of these regulations is in the best
interests of the Village of Tequesta, and will generally promote the public health, safety, and
welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: Chapter 46. Motor Vehicles and Traffic. of the Code of Ordinances of the
Village of Tequesta is hereby amended at Article I. In General. to create an entirely new section
46-4 entitled "Electric bicycles on sidewalks prohibited" providing definition, prohibition,
enforcement, and penalties for the operation of electric bicycles, or e-bikes, on sidewalks within
the Village; providing that Sec. 46-4 shall hereafter read as follows:
46-4
Ua. Definition For th�h nurnpge of thi a car•+;..,, +t, ,
bicycle or tricycle equipped with fully operable pedals. -.a seat or saddle an electric Moto
of less than 750 watts and which fits within one of t_ e three classifications of "electric
bicycle" as Provided in Section 316 003(221 Florida Statutes
Prohibition. It is unlawful for any person operate an elecLnic bicycle ,
----- ., uut�li any sidewalk
within the iurisdictional limits of the Village of Teauesta
Lc Enforcement and penalties Any person found to have violated the prohibition contained
in*1 4 section shall be subiect to the fpllnw;,,a papal+,ate
ies
l First violation: A fine of 25 00 to be paid within 15 days
2W Second violation: A fine of $50 00 to be Paid within 15 days
3W Third and subsequent violations• A fine of 1 nn 00 nn
to a uaid within 15 days
2
4 Other remedies: In addition to the civil sanctions contained herein the village may
pursue anv other penalty or relief available bmw9h law or equity
Secs. �-5 46-4 — 46-30. - Reserved.
Section 2: Each and every other section and subsection of Chapter 46. Motor Vehicles and
Traffic. shall remain in full force and effect as previously adopted.
Section 3: All ordinances or parts of ordinances in conflict be and the same- are hereby
repealed.
Section 4: Should'any section or provision of this Ordinance or any portion thereof, any
Paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder of this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall take effect immediately upon adoption.
``
i
•r
ORDINANCE Date
10-20 01-14-2021
r Upon Second Reading
Motion Council Member Bruce Prince Second Council Member Laurie Brandon
1
FOR
AGAINST
ABSENT CONFLICT
Mayor Abigail Brennan
❑x
❑
❑
❑
Vice -Mayor Kyle Stone
❑
0
❑
❑
Council Member Laurie Brandon
❑x
❑
❑
❑
Council Member Frank D'Ambra
❑
❑x
❑
❑
Council Member Bruce Prince
❑x
❑
❑
❑
The Mayor' thereupon declared the Ordinance
duly passed
and adopted.
MAYOR OF TEQUESTA:
'••.11 'Vol
ATTEST:
1NCOREgC
ATED i.
9` 'Y
s
Lori McWilliams, MMC
Village Clerk