HomeMy WebLinkAboutDocumentation_Regular_Tab 06_1/14/2021Agenda Item #6.
Regular Council
STAFF MEMO
Meeting: Regular Council - Jan 14 2021
Staff Contact: Jeremy Allen, Village Manager Department: Manager
TITLE
ORDINANCE NO. 10-20, SECOND READING, 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.
As permitted by newly adopted state law, the presented ordinance prohibits the operation of "E-bikes"
on sidewalks in the Village and provides penalties for violations.
POTENTIAL MOTION- • - •
Adopt on first reading and proceed to second reading in January 2021
E-Bike Prohibition on Sidewalks REV 11022020
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Agenda Item #6.
ORDINANCE 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 its 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 powers under [Section
316.008, Florida Statutes], from adopting an ordinance governing
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Agenda Item #6.
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, inline skaters, 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:
Sec. 46-4. — Electric bicycles on sidewalks prohibited.
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Agenda Item #6.
La) Definition. For the purpose of this section, the term
`electric bicycle' shall mean any bicycle or trick
equipped with fully operable pedals, a seat or saddle, an
electric motor of less than 750 watts, and which fits within
one of the three classifications of "electric bicycle" as
provided in Section 316.003(22), Florida Statutes.
(j2) Prohibition. It is unlawful for any person operate an
electric bicycle pon any sidewalk within the jurisdictional
limits of the Village of Tequesta.
Lc) Enforcement and penalties. Any person found to have
violated the prohibition contained in this section shall be
subject to the following penalties:
First violation: A fine of $25.00, to be paid within 15
dam
Second violation: A fine of $50.00, to be paid within 15
dam
�D Third and subsequent violations: A fine of $100.00, to
be paid within 15 days.
f 4) Other remedies: In addition to the civil sanctions
contained herein, the villa _ e may pursue any other
penalty or relief available through law or equity_.
Secs. 46-5 4-4 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
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Agenda Item #6.
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:
codify this Ordinance.
Specific authority is hereby granted to
Section 6: This Ordinance shall take effect
immediately upon adoption.
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