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HomeMy WebLinkAboutDocumentation_Workshop_Tab 02_4/29/2024 Agenda Item #2. Workshop STAFF MEMO Meeting: Workshop - Apr 29 2024 Staff Contact: Gus Medina, Police Chief Department: Police E-Bike Update Further discussion on a-bike regulations This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561- 768-0443. BUDGET • - • BUDGET AMOUNT NA AMOUNT AVAILABLE NA EXPENDITURE AMOUNT: NA FUNDING SOURCES: NA IS THIS A PIGGYBACK: ❑ Yes ❑ N/A DID YOU OBTAIN 3 QUOTES? ❑ Yes ❑ N/A COMMENTS/EXPLANATION ON SELECTIONNA FSS 316.20655 VOT Ordinance 10-20 E-Bike PowerPoint 2024 TPD (002) Davis&Ashton Memo HB 971 St. Pete Beach Ordinanace 74-92 St. Pete Beach Micromobility Palm Beach Post Article 04182024 GovTech Article 04152024 E-bike Staff Memo 07052022 TPD E-Bike Facebook Post 02152024 TPD E-Bike FLyer Page 4 of 165 A!yL0 fdiW tem #2. Statutes&Constitution:View Statutes:Online Sunshine Select Year: 2023 v Go I The 2023 Florida Statutes (including Special Session Q Title XXIII Chapter 316 View Entire Chapter MOTOR VEHICLES STATE UNIFORM TRAFFIC CONTROL 316.20655 Electric bicycle regulations.— (1) Except as otherwise provided in this section, an electric bicycle or an operator of an electric bicycle shall be afforded all the rights and privileges, and be subject to all of the duties, of a bicycle or the operator of a bicycle, including s. 316,2065. An electric bicycle is a vehicle to the same extent as a bicycle. However, this section may not be construed to prevent a local government, through the exercise of its powers under s. 316.008, from adopting an ordinance governing the operation of electric bicycles on streets, highways, sidewalks, and sidewalk areas under the local government's jurisdiction; to prevent a municipality, county, or agency of the state having jurisdiction over a bicycle path, multiuse path, or trail network from restricting or prohibiting the operation of an electric bicycle on a bicycle path, multiuse path, or trail network; or to prevent a municipality, county, or agency of the state having jurisdiction over a beach as defined in s. 161.54(3) or a dune as defined in s. 161.54(4) from restricting or prohibiting the operation of an electric bicycle on such beach or dune. (2) An electric bicycle or an operator of an electric bicycle is not subject to the provisions of law relating to financial responsibility, driver or motor vehicle licenses, vehicle registration, title certificates, off-highway motorcycles, or off-highway vehicles. (3) Beginning January 1, 2021, manufacturers and distributors of electric bicycles shall apply a label that is permanently affixed in a prominent location to each electric bicycle. The label must contain the classification number, top assisted speed, and motor wattage of the electric bicycle. (4) A person may not tamper with or modify an electric bicycle so as to change the motor-powered speed capability or engagement of an electric bicycle, unless the label indicating the classification number required in subsection (3) is replaced after such modification. (5) An electric bicycle must comply with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission under 16 C.F.R. part 1512. (6) An electric bicycle must operate in a manner so that the electric motor is disengaged or ceases to function when the rider stops pedaling or when the brakes are applied. (7) An operator may ride an electric bicycle where bicycles are allowed, including, but not limited to, streets, highways, roadways, shoulders, bicycle lanes, and bicycle or multiuse paths. History.—s. 8, ch. 2020-69; s. 2, ch. 2021-20. Copyright© 1995-2024 The Florida Legislature • Privacy Statement • Contact Us Page 5 of 165 www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.20655.html I 1 Agenda Item #2. 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 1 Page 6 of 165 Agenda Item #2. 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. 1 Page 7 of 165 Agenda Item #2. (a) Definition. For the purpose of this section, the term `electric bicycle' shall mean any bicycle or tricycle equipped with fully perable 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. Prohibition. It is unlawful for any person operate an electric bicycle upon 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: �1 First violation: A fine of$25.00, to be paid within 15 days. Second violation: A fine of$50.00, to be paid within 15 days. Third and subsequent violations: A fine of$100.00, to be paid within 15 days. (41 Other remedies: In addition to the civil sanctions contained herein, the village may pursue any other penalty or relief available through law or equity. Secs. 46-5 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 1 Page 8 of 165 Agenda Item #2. 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. l Page 9 of 165 Agenda Item #2. W W A oa • 0 Page 10 of 165 a It #2. �P n co c� v �1 vis bbz ct ' y U U ct ctO . rrj bA va c� • 4-1 v U 0 • ++ c bOjp O U r t4�� 4ct O 4-1 O� � � U 4.4 ct ct cn U •. ctct ct ^ l � �lcdUObz cn 4—j ';--4 TWO a 'ct rz. a.., ct O 0 O 4, N U) • � M cU) s� � x bz b.A �,}, }, , OHO ct r-1 Page 11 of 165 a It #2. 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LL� CA 4-1 . a-J , N Q �% O '0 m v '-1--' N �A C-+ p ct N •s:�a) dwm � o a-j COcq CO N •�+ �' 4� MO +-j r2 � 0 Page 19 of 165 a It #2. 71^' [r� __• Vl a--+ C� +-j N b�JO 0 � � � Cam.) � •� � •�, � � "0 � . � a� c� a� 00 N •OCO M c� '� ►� ' 4� En cn t1A cz M � O O O M a� 'n cz +-+ Cn 4� L� 4� '� O s—, 4� O Cn � � � � � � C41 •r-4 +-r +j • rs' OV v �' v� , � O O �A v� 0 Q �., ct mc r4 w 4-1 Page 20 of 165 a It #2. `r•TV'C � W Q � Q I Q • • Q ct � a U V °' •g �..+ Ct a a •� i--' N .v N Q 4-1 4-j W 00 � Q � ct CO 4 -+ En ;-4 Page 21 of 165 mm w • 1 Page of 165 Agenda Item #2. W O �I LL v O Page 23 of 165 Agenda ltepm . DAVIS & ASHTON, P.A. Keith W. Davis, Esq. Florida Bar Board Certified Attorney City,County and Local Government Law Email:keith@davisashtonlaw.com MEMORANDUM TO: Mayor and Village Council; Village Manager Allen FROM: Keith Davis, Esq. DATE: September 3, 2020 — September 9, 2020 Update RE: HB 971 and Municipal Regulation of E-Bikes Summary of HB 971 House Bill 971, titled 'Electric Bicycles' was signed into law by Governor DeSantis on June 20, 2020 and became effective on July 1, 20201. The Electric Bicycle law provides regulations for the operation of electric bicycles ("e-bikes") which will be codified in Chapter 316, Florida Statutes (the uniform state traffic control chapter). Specifically, the Electric Bicycle law does the following: 1. Creates a 'Three-tier' classification system for e-bikes — The statutory definition for `electric bicycles' provides three separate classes, of e-bikes based on top assisted speed, and whether the motor requires rider pedaling assistance: Class 1: E-bikes with motors that operate gLly when the rider is pedaling, and which have a top assisted speed of 20 miles per hour. Class 2: E-bikes with motors that operate without rider pedaling assistance, and which have a top assisted speed of 20 miles per hour. Class 3: E-bikes with motors that operate pLly when the rider is pedaling, and which have a top assisted speed of 28 miles per hour. Beginning January 1, 2021, e-bike manufacturers and distributors are required to affix a permanent label on any e-bike sold in Florida that contains the e-bike's class number, top assisted speed, and motor wattage.2 2. Gives e-bike operators the same rights and duties as those applied by law to traditional bicycles and operators - The new law provides that an e-bike or its operator "shall be See Laws of Florida Ch. 2020-69,which creates Sec. 316.20655, Fla. Stat. 2 Id. at Section 8. 701 Northpoint Parkway, Suite 205, West Palm Beach, FL 33407 1 p 561-586-7116 1 f 561-586-9611 www.davisashtonlaw.com ♦LEADING ATTORNEYS IN LOCAL GOVERNMENT LAW AND ETHICS Page 24 of 165 Ageno JWpj0#:2. HB 971 and Municipal Regulation of E-Bikes afforded all the rights and privileges, and be subject to all of the duties, of a bicycle or the operator of a bicycle."3 The rights and duties imposed by law on a traditional bicycle or the operator of a traditional bicycle are codified at Sec. 316.2065, Florida Statutes. Importantly, this section of state law defines bicycles as "vehicles" under Chapter 316, Florida Statutes. Therefore, bicyclists (now including e-bicyclists) generally have the same rights to the roadways, and must obey the same traffic laws (including, among others, DUI laws4), as the drivers of other vehicles such as cars, trucks, and motorcycles.5 Sec. 316.2065, Florida Statutes contains other requirements for bicycles and their operators (now including e-bicyclists), including: (i) a helmet requirement for riders or passengers under 16 years old; (ii) a requirement for riders to stay in bicycle lane or "as close as practicable" to the right-hand curb; and (iii) the use of a lighted lamp during nighttime riding.6 3. Allows for local regulation of e-bikes — Local governments are granted express authority to regulate a-bikes within their jurisdictions by the new law. Local Regulation of E-Bikes in the Village of Tequesta As mentioned above in the Bill Summary section of this Memorandum, Local governments are granted express authority to regulate e-bikes within their jurisdictions by the new law. The broad parameters within which local regulation should fall are as follows: 1. Permissible regulations - The Village of Tequesta may adopt ordinances "governing the operation of electric bicycles on streets, highways, sidewalks, and sidewalk areas" within the Village;' and may adopt ordinances that restrict or completely prohibit "the operation of an electric bicycle on a bicycle path, multiuse path, or trail network."8 2. General home rule authority - The regulation of e-bikes by the Village is also generally permissible within the parameters of Sec. 316.008, Florida Statutes,9 which grants a local government the general power to (i) regulate the operation of bicycles; (ii) regulate or prohibit the stopping, standing, or parking of all vehicles; and (iii) restrict the use of streets.10 3. Blanket prohibition of e-bike use on a Village-wide basis is not permissible - A blanket prohibition against e-bikes on all public rights-of-way within the Village would arguably be determined to be an overbroad infringement on the rights of e-bike operators to general use of the public roadways as granted by the new law which applies the rights of bicycle operators contained in Sec. 316.2065, Florida Statutes, to e-bike operators. Additionally, Sec. 316.008(1)(h), Florida Statutes specifically authorizes local governments to "regulate," (not prohibit), the operation of bicycles and a-bikes on its "streets, highways, sidewalks, and sidewalk areas." 3 Id. at Section 8. ° See Sec. 316.193, Fla. Stat. 5 See also Overview of Florida Laws for Cyclists(last visited July 20, 2020), https://floridabicycle.org/bicycle-traffic-law/. 6 See generally§316.2065, Fla. Stat. Id. at Section 8. 8 Id. 9 Id. 90 See generally§316.008, Fla. Stat. 2 Page 25 of 165 Agenda Item #2. Sec. 74-92. General provisions. (a) All micromobility devices are subject to all the rules and regulations below: (1) The riding of such devices shall be prohibited upon any sidewalk or on the beach within the city or any area as designated by the city where notice is posted.Operation of such devices whether privately owned or not is prohibited on sidewalks except for the purposes of parking the device in an acceptable location. (2) Micromobility devices shall be allowed to operate on streets within designated bike lanes or shared lane markings if available,shared use paths designated by the city,or upon streets with a posted speed limit of 25 mph or less. (3) The city manager, or designee, has the authority to further restrict the use of micromobility devices in cases where a roadway may be closed due to an event or to maintain public health,safety,or general welfare of the community. (b) In addition to City Code, micromobility devices are subject to any and all state laws pertaining to micromobility devices, motorized scooters,or electric bicycles,as applicable,and as may be amended. (c) No person under the age of 16 years old shall operate a micromobility device within the city. It is unlawful for the parent, legal guardian,or custodian of a minor child to knowingly permit the child to violate any provision of this article. (d) Ridership of more than one person on any micromobility device or motorized scooter shall be prohibited. The ridership of more than one person on any electric bicycle shall be prohibited unless the electric bicycle is specifically designed to carry more than one person. (e) All micromobility devices within the city shall be limited to a maximum speed of 15 mph, except electric bicycles shall be limited to a maximum speed of 20 mph. (f) All micromobility devices regardless of ownership,shall not be parked in a manner that obstructs any ingress or egress from any building or parking area,or in a manner that prevents any sidewalk or walkway from maintaining at least five feet of walkway clearance. (Ord. No. 21-24, §2, 12-14-21) Created: 2024-03-11 15:34:46 [EST] (Supp.No.49) Page 1 of 1 Page 26 of 165 Agenda Item #2. Micromobility Micromobility is an emerging form of transportation that provides an easy and affordable way for people to move around for short point to point trips and is experiencing rapid growth. Micromobility typically refers to a range of small, lightweight vehicles operating at speeds typically below 20 mph and consists of devices such as e-bikes, electric scooters, electric skateboards, shared bicycles, and electric pedal-assisted bicycles. Micromobility Rules and Regulations a pe Beaehm 1"aility Devices Be Subject 1 The FollowingRestrictions: 1 1 YE S• Page 27 of 165 Agenda Item #2. Where Maximum How Age to Speeds to Restrictions No fffobility devices shall be use .Tny sidewalk in the City of St. Pete Beach. Micromobility devices may be ridden in the following areas: • In marked bike lanes • On shared use paths • On streets with posted speed limits of 25mph or less Micromobility devices may not be ridden in the following areas: • On sidewalks or pedestrian walkways • On streets with posted speed limits of 25mph or more that do not have designated bike lanes • On the beach All micromobility devices will be restricted to the following maximum speeds: • E-Scooters - 15mph • E-Bikes - 20mph Micromobility devices should not be left parked in a manner blocking any ingress or egress from any building, parking area, or sidewalk that prevents a walkway of maintaining at least 5 ft. of walkway clearance. You must be at least 16 years old to use micromobility devices in the City of St. Pete Beach. St. Pete Beach Micromobility Pilot Program In early 2022, the City of St. Pete Beach will begin the process of setting up a micromobility pilot program to bring e-scooters and a-bikes to the city. Please check back for updates! Page 28 of 165 Adihd'A lVem #2. Jupiter police crack down on a-bike riders who don't follow rules The Palm Beach Post JUPITER Safer kids, safer streets: Jupiter police crack down on a-bike riders who ignore rules The popularity of electric bikes and motorcycles is growing. Jupiter police have started a campaign to warn people of their potential dangers. Maya Washburn Palm Beach Post Published 5:09 a.m. ET April 18, 2024 1 Updated 5:09 a.m. ET April 18, 2024 JUPITER — When the clock struck 4:05 p.m. at Independence Middle School one recent Thursday, students raced to the bicycle parking rack to mount e-bikes and pedal home, even if their mothers feared danger. The sound of laughter and whirring chain rings filled the air as worried parents watched with bated breath, hoping that the kids riding e-bikes — mostly boys — wouldn't weave in and out of lanes on the Jupiter streets. It is the same school attended by a young boy who was struck by a car while riding an e-bike a few weeks ago, and the same dread that has inspired Jupiter police to begin a campaign to teach people how and where to ride the popular bikes. "There's a reason why kids aren't allowed to drive cars," Jupiter Police Chief David England said. "They don't make good decisions, they don't perceive danger and they don't understand the hazards that they can be causing. Kids are operating these things very unsafely." How Jupiter is growing:Apartments pitched as 'affordable,' but Abacoa residents disagree Page 29 of 165 https://www.pa I m beach post.com/story/news/local/Jupiter/2024/04/18/J upiter-police-crack-down-on-e-bike-riders-who-dont-follow-rules-a-moto-abacoa-. 1 5 AUAVem #2. Jupiter police crack down on a-bike riders who don't follow rules Where can you ride an a-bike? Most people don't know, Jupiter police say Officers say the problem of kids riding electric bicycles and motorcycles recklessly around town is getting out of hand as the vehicles are modified to make them go faster. They are trying to educate as many kids and parents as they can about the legalities surrounding the two- and three-wheelers by visiting local schools and passing out fliers. Over the past few months, England said, they have seen the biggest concentration of kids riding e-bikes around Abacoa, an area along Jupiter's southern border that is home to hundreds of families. However, he said most of the problems haven't been with e-bikes, but their cousins: e-motos, or electric motorcycles, which are larger and heavier and can travel at faster speeds. England says some parents are buying e-motos for their kids thinking that they are e-bikes, when they are in fact something completely different. E-motos are off-road vehicles meant for dirt tracks. They are illegal to operate on public streets, highways or sidewalks. Still, middle school-aged kids are using them for their commutes to school. While e-bikes can reach speeds of up to 28 mph, e-motos can go as fast as 40 mph. Many of the vehicles around town are going even faster because some riders are bypassing the speed controls on the vehicles. By doing this, e-bikes can reach about 30 mph and e-motos can reach almost 6o, or as fast as some cars travel on highways. How Palm Beach Gardens is growing: City approves 221 apartments along Central Boulevard E-bikes in traffic put teens at risk, frighten drivers, police say Florida law governs the use of e-bikes. It treats them like regular bicycles, said England, who noted that the laws surrounding e-bikes are "not as well defined" as golf carts, which share the road with cars like bikes do. He noted that e-bikes cannot use their motors on sidewalks; their riders can only pedal them. If they are ridden on the road, a person can either pedal or use its electric power, but they Page 30 of 165 https://www.paI mbeach post.corn/story/news/local/j upiter/2024/04/18/jupiter-police-crack-down-on-e-bike-riders-who-dont-follow-ru les-e-moto-a bacoa-... 2/5 AgendaI`�em #2. Jupiter police crack down on a-bike riders who don't follow rules have to follow the road rules associated with bicycles. The law also requires riders under the age of 16 to wear helmets. Jupiter police are enforcing new measures to lower the dangerous conditions. They will pull over kids who break road rules to give them a warning or issue a citation, depending on the severity of the infraction and if they have been stopped before. A citation also could require them to pay a fine and delay their obtaining a driver's license to age 18, rather than 16. "It's a significant punishment for the kids who are not obeying the law," England said. "We hope to get voluntary compliance, but if we don't and we have to deal with the same kids over and over, they will qualify for a uniform traffic citation just like anybody else violating traffic laws." England said police officers are concerned about the teens, and pedestrians and drivers are "scared to death" when a kid zips in front of them, not paying attention. Other northern Palm Beach County municipalities are reporting the same issues with e-bike use but they are handling the situation differently, England said. The Tequesta Village Council passed an ordinance in 2021 that prohibits e-bike operation on sidewalks within the village, but the council plans to "revisit" this decision. They plan to hold a workshop to discuss other options. In Juno Beach, e-bikes are allowed on the dune walkovers or the sidewalks leading to them, Town Manager David Dyess said. Palm Beach Gardens, Lake Park and North Palm Beach defer to state law and do not have any special regulations for e-bikes. Palm Beach Gardens police officers also plan to pass out educational pamphlets around the city and issue warnings or citations to e-bike riders who break road rules in the weeks ahead. Jupiter U.S. 1 bridge update: Project passes halfway point, with November opening on track Page 31 of 165 https://www.paimbeach post.com/story/news/local/j u pite r/2024/04/18/ju piter-police-crack-down-on-e-bi ke-riders-who-d ont-fol low-rules-e-moto-abacoa-... 3/5 ./g/24, 1 4 Item #2. Jupiter police crack down on e-bike riders who don't follow rules Recent injury to student has Jupiter families aware of e-bike's dangers Jennifer Greenhill sat on a bench on a windy Thursday afternoon waiting for Independence Middle School to dismiss her 12-year-old son for the day. She watched as kids whizzed around Abacoa's oak tree-lined streets on the electrically powered two-wheelers after school. Some pairs of kids even rode on one e-bike at the same time. "My son begs me for an e-bike, but I say no," said the 41-year-old Greenhill of,Jupiter, who thinks the bikes are dangerous. She said many fellow parents have had moments when they had to slam on their brakes because kids on electric bikes will swerve out in front of their cars. "The kids don't wear helmets, and I don't think kids 16 and under should even be riding them," Greenhill said. "Half of them don't even ride on the sidewalks. They are out in the middle of the roads." Her son is a classmate of Ryan Gural, the Jupiter boy who was riding an e-bike when a car crashed into him on March 29. He sustained injuries including a fractured skull, a broken jaw and brain bleeding, according to news reports. Scott Henratty, the attorney representing Gural's family, told The Palm Beach Post that he is investigating the situation to "hold all those responsible for the traumatic injuries he sustained accountable." He confirmed that Gural is still receiving care. Greenhill said the accident has not discouraged her son from still wanting an e-bike. "It'd be nice if(a school guard) was out here monitoring when the kids get out of school," Greenhill said. "A lot of drivers don't pay attention and the kids aren't paying attention, and that causes a problem." More: Do Jupiter residents really oppose a town fire department? Town, union take issue to court Maya Washburn covers northern Palm Beach County for The Palm Beach Post,part of the USA TODAYMorida-Network. Reach her atmwashburn@pbpost.com. Support local journalism:Subscribe today. Page 32 of 165 https://www.palm beach post.com/story/news/local/Jupiter/2024/04/18/jupiter-police-crack-down-on-e-bike-riders-who-dont-follow-rules-e-moto-abacoa- 4 5 9�1��ridWftem #2. Effort by Florida Cities to Restrict E-Bikes Faces Collapse /�► 'L Newsletters Webinars Events Magazine Papers I Special: Constituents Experience Finance Local TRANSPORTATION Effort by Florida Cities to Restrict E-Bikes Faces Collapse A legislative push that would have given local governments more power to regulate e-bikes and scooters appears dead for the legislative session, but the lawmaker who led the issue says she will try again. March 06,2024 •Ana Ceballos, Miami Herald g: X • '1 4 �' } Shutterstock By clicking "Accept All Cookies", you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. Accept All Cookies Never miss a storywii news Reject All Cookies Settings Page 33 of 165 https://www.govtech.com/transportation/effort-by-florida-cities-to-restrict-e-bikes-faces-collapse#:—:text=Petersburg%2C St.,law allows them to do. 1 8 9d1424tiAlem #2. Effort by Florida Cities to Restrict E-Bikes Faces Collapse The proposal was introduced in the Legislature after a Key Biscayne woman on a bike died in a head-on collision with a 12-year-old boy riding an electric bicycle on Valentine's Day. The death of Megan Andrews, 66, revived longstanding concerns from many who worried about pedestrian safety amid the rising popularity of e-bikes. "I hoped that my immediate efforts in response to the terrible tragedy on February 14, which resulted in the untimely death of Megan Andrews, would give much needed authority to the Village to enact an ordinance," said state Rep. Vicki Lopez, who pushed to include the proposal onto a wide-ranging transportation bill in the House. ADVERTISEMENT By clicking "Accept All Cookies",you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. Never miss a story will news Page 34 of 165 https://www.govtech.com/transportation/effort-by-florida-cities-to-restrict-e-bikes-faces-collapse#:-:text=Petersburg%2C St.,law allows them to do 2 8 KOf d Item #2. Effort by Florida Cities to Restrict E-Bikes Faces Collapse The proposal would have given local governments the ability to require one or more minimum age requirements for the use of electric bicycles and mandate government— issued photo identification cards for riders. Florida law currently requires local governments to regulate electric bicycles — which can be operated without a motor — the same way as normal bikes. In Key Biscayne, local officials said the state law as written prevented them from restricting the use of e-bikes based on age without also affecting the use of regular bicycles. ADVERTISEMENT "We have tried to By clicking "Accept All Cookies",you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. g Never miss a story wil news Page 35 of 165 hftps://www.govtech.com/transportation/effort-by-florida-cities-to-restrict-e-bikes-faces-collapse#:-:text=Petersburg%2C St.,law allows them to do 3'8 �ger�3J0 uaphem #2. Effort by Florida Cities to Restrict E-Bikes Faces Collapse At the meeting, Key Biscayne officials voted to ban electric bikes and electric scooters from the island for 60 days as they figured out what to do next. Other communities in the state — including St. Petersburg, St. Pete Beach and Madeira Beach — have passed ordinances that require people to be at least 16 years old to ride an electric bicycle, a step the village has not taken out of concern for what state law allows them to do. It is unclear what the village intends to do now that state lawmakers are unlikely to give them the power to enact stricter local rules based on age and other requirements. Lopez said she plans to help the village on what to do next. "I am committed to working with the Village in the next legislative session to address several issues that will ensure the safety of pedestrians and bicycle riders alike," she said. Rick Martinez, a Key Biscayne resident who is part of a group who has reached out to council about regulating the devices, said he emailed the council just last week, telling council members that they could put regulations in place the way other municipalities have in recent years under current state law. He said council members could have asked for an opinion from another attorney before the tragedy occurred on Valentine's Day. "We've been reactive instead of proactive," Martinez said. Martinez said there should be an age requirement of at least 16 to ride the electronic devices and that the municipality should ban certain classes that go over a certain speed. Why did the effort stall? It is difficult to pinpoint exactly what policy issue caused the bill to stall in the Legislature. The House bill was 60 pages long and included a myriad of policy issues related to transportation. Thy By clicking "Accept All Cookies",you agree to the storing measure. of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. Never miss a story wfl news Page 36 of 165 https://www.govtech.com/transportation/effort-by-florida-cities-to-restrict-e-bikes-faces-collapse#:—:text=Petersburg%2C St.,law allows them to do. 4 8 Agein33`��4em #2. Effort by Florida Cities to Restrict E-Bikes Faces Collapse Tuesday the bill was likely dead in the chamber. "I don't think it's going to make it," he said. State Rep. Fiona McFarland, a Sarasota Republican who sponsored the House bill, also confirmed the effort was likely dead. Lopez said she was "most disappointed and frustrated" with the Senate's decision to not consider the House bill. But vowed to continue the fight next year. "These devices are becoming a public nuisance as more and more people purchase them for personal use," she said. "We must be committed to finding local and state solutions to ensure no one else dies or is seriously injured." © 2024 Miami Herald. Distributed by Tribune Content Agency, LLC. Tags: Transportation, Justice and Public Safety, Policy Stay on top of the latest state & local government technology trends. Sign up for GovTech Today. Delivered daily to your inbox. Email Address' FREE NEWSLET-f ER SIGN UP By clicking "Accept All Cookies",you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. Never miss a storywii news Page 37 of 165 https://www.govtech.com/transportation/effort-by-florida-cities-to-restrict-e-bikes-faces-collapse#:—:text=Petersburg%2C St.,law allows them to do. 5'8 Agenda Item #2. Workshop STAFF MEMO J: 'w k� T Meeting: Workshop - Jul 05 2022 Staff Contact: Jeremy Allen, Village Manager Department: Manager Discussion of Ordinance 10-20 regarding e-bike operation on Village sidewalks. SUMMA The Village per Ordinance 10-20 adopted regulation that prohibits the operation of "E-bikes" on g p p g p p sidewalks in the Village and provides penalties for violations. Per direction by Council, this item has been requested for discussion and consideration. This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443. BUDGET • ' • PROJECT NAME: NA BUDGET: NA ENCUMBERED: NA Proposed: Projected Remaining: NA NA PROJECTED TOTAL: NA Agenda Memo 20-404 - Pdf Teguesta - E-Bikes Memo update Page 38 of 165 Agenda Item #2. Regular Council STAFF MEMO Meeting: Regular Council - Dec 10 2020 Staff Contact: Jeremy Allen, Village Manager Department: Manager 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. 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 Page 39 of 165 Agenda Item #2. Tequesta PoJlce Department ... Published by Ma. Daniele 0- February 15, We have noticed an influx-of electric bi-cycles around the Village recently and want to remind our residents of-our local and state ordinances regarding the operation of e-bikes to keep our Village safe. 4E131keSafetyr#safebiking #villageoftecluesta For more information regarding ordinances please visit: htip:fl'vnww.Ieg.state.fl.us/statutes/index.cfm?,Epp_rnocle=DIspIay-Statute URL=0300- 0399/0316/Sectionsf0316.20655.html... See more ELECTRIC BICYCLE ORDINANCE VILLAGE ORDINAFlACE - SEC. 46-4 Village ordinance states electriic bikes (e-b l es) are not permitted to be in use an sidewalks, If you are observed operating an a-bike an a sidewalk nallties are as follows: Find violation: $25.00 Second violation: $50.00 third violation: S100.00 STATE ORDINANACE FS 316.20655 • All e-biker. Tnus# have the manufacturer permanently affixed label which contains: classification, tap speed, and matter watt-age of e-bike- A person cannot modify or tamper with an e-hike to change speed capability or engagement of a-bike, unless the affixed label is replaced with updated modifications. The a-bike must comply with equipment and manufacturing requirements for bikes adopted by the US Consumer Product Safety Commission 1b .F.R. 'Keep in mind, all bicycle safety and operation.rubs apply to a-bike operation.' Need a helmet?Our officers hove free helmets for residents anal are certified to find the best fit. Pl-agpe j;pntuct v!s s•t(561) 7$$-0505 vw'416 4Ry quefti9F%*- - Q.ethrb., lays 13ri0ril110 hiiCr saFety walhl astir emrnunit +l See insights and ads 09 2 comments 5 shares Page 40 of 165 Ag . . alte m -� - ?LECTRIC BICYCLE ORDINANCE - VILLAGE ORDINANACE - SEC. 46-4 Village ordinance states electric bikes (e-bikes) are not permitted to be in use on sidewalks. If you are observed operating an a-bike on a sidewalk penalties are as follows: First violation: $25.00 Second violation: $50.00 Third violation: $100.00 STATE STATUTE - FSS 316.20655 • All a-bikes must have the manufacturer permanently affixed label which contains: classification, top speed, and motor wattage of a-bike. • A person cannot modify or tamper with an a-bike to change speed capability or engagement of a-bike, unless the affixed label is replaced with updated modifications. • The a-bike must comply with equipment and manufacturing requirements for bikes adopted by the US Consumer Product Safety Commission - 16C.F.R. *Keep in mind, all bicycle safety and operation rules apply to e-bike operation.* Need a helmet? We have free helmets for residents and our officers certified to find the best fit. Please contact us at qP (561) 768-0505 with any questions. Together, let's prioritize bike safety within our community) 41 of 165 Agenda Item #2. BICYCLE SAFETY TIPS Every year, thousands of people sustain bicycle-related injuries. Here are some important tips to keeping yourself safe while biking. ,..:... ..... EQUIPMENT CHECK Always wear a properly fitted helmet. • Inflate & check tires and ensure brakes are functioning properly. • Be Seen!! Just because you can see a vehicle does not mean they can see you. Wear bright or reflective clothing while riding, install reflectors on your bicycle, refrain from biking at nights when possible, and always ensure your bicycle light is working. * Need a light? We offer free bicycles lights at the PD! BICYCLE OPERATION • Keep both hands on handle bars and have control of our bike. y • Look and listen! Ensure you are able to hear and see your surroundings. This means removing earphones and any visual obstructions. • Watch for hazards that may cause you to lose control: potholes, glass, gravel, debris, and animals. • Do not make sudden movements, such as swerving, turning without signaling and looking, or riding into traffic. RULES OF THE ROAD 0 • Travel with the flow of traffic • Obey traffic laws • Use hand signals and always look before turning and at all intersections • Per Village Ordinance Sec. 46-4. - It is unlawful for any person to operate an electric bicycle upon any sidewalk within the jurisdictional limits of the Village of Tequesta. The Tequesta Police Department is here to help. Our officers have free helmets for residents and are certified to find the best fit. Please contact us at (561) 768-0505 with any questions. Together, let's prioritize bike safety within our community! qP CHIEF ASSISTANT CHIEF GUS MEDINA JAMES MCGREW VILLAGE MANAGER JEREMY ALLEN Page 42 of 165 Agenda Item #2. Workshop STAFF MEMO Meeting: Workshop - Apr 29 2024 Staff Contact: Gus Medina, Police Chief Department: Police E-Bike Update Further discussion on a-bike regulations This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561- 768-0443. BUDGET • - • BUDGET AMOUNT NA AMOUNT AVAILABLE NA EXPENDITURE AMOUNT: NA FUNDING SOURCES: NA IS THIS A PIGGYBACK: ❑ Yes ❑ N/A DID YOU OBTAIN 3 QUOTES? ❑ Yes ❑ N/A COMMENTS/EXPLANATION ON SELECTIONNA FSS 316.20655 VOT Ordinance 10-20 E-Bike PowerPoint 2024 TPD (002) Davis&Ashton Memo HB 971 St. Pete Beach Ordinanace 74-92 St. Pete Beach Micromobility Palm Beach Post Article 04182024 GovTech Article 04152024 E-bike Staff Memo 07052022 TPD E-Bike Facebook Post 02152024 TPD E-Bike FLyer Page 43 of 165 A!yL0 fdiW tem #2. Statutes&Constitution:View Statutes:Online Sunshine Select Year: 2023 v Go I The 2023 Florida Statutes (including Special Session Q Title XXIII Chapter 316 View Entire Chapter MOTOR VEHICLES STATE UNIFORM TRAFFIC CONTROL 316.20655 Electric bicycle regulations.— (1) Except as otherwise provided in this section, an electric bicycle or an operator of an electric bicycle shall be afforded all the rights and privileges, and be subject to all of the duties, of a bicycle or the operator of a bicycle, including s. 316,2065. An electric bicycle is a vehicle to the same extent as a bicycle. However, this section may not be construed to prevent a local government, through the exercise of its powers under s. 316.008, from adopting an ordinance governing the operation of electric bicycles on streets, highways, sidewalks, and sidewalk areas under the local government's jurisdiction; to prevent a municipality, county, or agency of the state having jurisdiction over a bicycle path, multiuse path, or trail network from restricting or prohibiting the operation of an electric bicycle on a bicycle path, multiuse path, or trail network; or to prevent a municipality, county, or agency of the state having jurisdiction over a beach as defined in s. 161.54(3) or a dune as defined in s. 161.54(4) from restricting or prohibiting the operation of an electric bicycle on such beach or dune. (2) An electric bicycle or an operator of an electric bicycle is not subject to the provisions of law relating to financial responsibility, driver or motor vehicle licenses, vehicle registration, title certificates, off-highway motorcycles, or off-highway vehicles. (3) Beginning January 1, 2021, manufacturers and distributors of electric bicycles shall apply a label that is permanently affixed in a prominent location to each electric bicycle. The label must contain the classification number, top assisted speed, and motor wattage of the electric bicycle. (4) A person may not tamper with or modify an electric bicycle so as to change the motor-powered speed capability or engagement of an electric bicycle, unless the label indicating the classification number required in subsection (3) is replaced after such modification. (5) An electric bicycle must comply with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission under 16 C.F.R. part 1512. (6) An electric bicycle must operate in a manner so that the electric motor is disengaged or ceases to function when the rider stops pedaling or when the brakes are applied. (7) An operator may ride an electric bicycle where bicycles are allowed, including, but not limited to, streets, highways, roadways, shoulders, bicycle lanes, and bicycle or multiuse paths. History.—s. 8, ch. 2020-69; s. 2, ch. 2021-20. Copyright© 1995-2024 The Florida Legislature • Privacy Statement • Contact Us Page 44 of 165 www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.20655.html I 1 Agenda Item #2. 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 1 Page 45 of 165 Agenda Item #2. 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. 1 Page 46 of 165 Agenda Item #2. (a) Definition. For the purpose of this section, the term `electric bicycle' shall mean any bicycle or tricycle equipped with fully perable 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. Prohibition. It is unlawful for any person operate an electric bicycle upon 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: �1 First violation: A fine of$25.00, to be paid within 15 days. Second violation: A fine of$50.00, to be paid within 15 days. Third and subsequent violations: A fine of$100.00, to be paid within 15 days. (41 Other remedies: In addition to the civil sanctions contained herein, the village may pursue any other penalty or relief available through law or equity. Secs. 46-5 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 1 Page 47 of 165 Agenda Item #2. 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. l Page 48 of 165 Agenda Item #2. W W A oa • 0 Page 49 of 165 a It #2. �P n co c� v �1 vis bbz ct ' y U U ct ctO . rrj bA va c� • 4-1 v U 0 • ++ c bOjp O U r t4�� 4ct O 4-1 O� � � U 4.4 ct ct cn U •. ctct ct ^ l � �lcdUObz cn 4—j ';--4 TWO a 'ct rz. a.., ct O 0 O 4, N U) • � M cU) s� � x bz b.A �,}, }, , OHO ct r-1 Page 50 of 165 a It #2. N ��P n U � •U a� oct In cn 0 N N � � � O _� � o �N v� ct � OQ Or4 � O '� U cCSUO +-+ O � ;z � 4U4-1 ct V 1 '-4 4' •}' '—' may--+ '� ^ N �-i �+ Zi Ct CCj � � � ;..4 •,--, U •� O bAj � � cn �v N C U • ��' `n ct cd U a j '� O .,U-4 rn bA bA v� U cZi +� r� CA cu � 'clnrn ct cu C ct Page 51 of 165 a It #2. IL Ct O J ct4-J En CU � � v ct . . $,., cn cu +� +-j bjorc� s:� O wow . cn v .v O �' '� s--� a-J 4-.-0 .� .� v 4 O 4-j 4--J N C.) +-+ 4� �., �--, ct p O 4 4 � C) ,S' Ct N F-'cu 4� Ct ct 0 � Page 52 of 165 a It #2. 1. � 10 LO cd ct bA U)Un o o � 4.1 ct ct 'd +, ct a� O rn O 00 . O LO 0 O� N c � `� ; v� CV 4 4 0 0 ., 0-4 _m4 Page 53 of 165 a It #2. ;-, S- pQ 4-j U O N -- 1,2 v 1vts O U'� U Q' N Z U ++ Cd N 4 ;-4 U 'ct cn 4 U +�+ cd. � � 3a o a cn 4-j v p� X, ;--4 5 a�� U U O O 4 U O .cn ct ct UD +�, OQU U� UO ;-4 ct a p p0 Uki ct � O cn O U cn 4-4 p U�•ct O �� s� �4., ct TT• •• 0� Io ct a> a� a> U � cp O V1 , ct o 4-4 M � o NO Q s UyQ �, crS pUN O s-Q � ON� � O � 0p � cd • � I �n C) P o a tea, �, �� �0 o QUct Cl) o ;� cri `0 ct. U +-' O bA 4.4 cn ct cn cl) Ct ct Page 54 of 165 a It #2. W � . p� p W> •ICI TVA •rr��l cn V �O 4� 4—j cn Cn +-J to v O .,__, 4 ;-'4 4-1 dwm .� 4-J � U sue-+ . O � , N O C) O cn 4� p V . 4--J o cn Page 55 of 165 I= a It #2. v �1 iris v •r--1 � •�1 cz 4-j W v Cld O O O '� G4 W 4 ct ct r-� O N a LO • C) `p CV N N a � 4 � � --� N ' W N �+ N p N � � � � a� a� Page 56 of 165 a It IL co dwm O V ' V18 v W W O � � H 4- j c� o ► W Q� N � ,..� N O p N � p � N C/D cq c o C—+ G4 N p4 Page 57 of 165 a It #2. LL� CA 4-1 . a-J , N Q �% O '0 m v '-1--' N �A C-+ p ct N •s:�a) dwm � o a-j COcq CO N •�+ �' 4� MO +-j r2 � 0 Page 58 of 165 a It #2. 71^' [r� __• Vl a--+ C� +-j N b�JO 0 � � � Cam.) � •� � •�, � � "0 � . � a� c� a� 00 N •OCO M c� '� ►� ' 4� En cn t1A cz M � O O O M a� 'n cz +-+ Cn 4� L� 4� '� O s—, 4� O Cn � � � � � � C41 •r-4 +-r +j • rs' OV v �' v� , � O O �A v� 0 Q �., ct mc r4 w 4-1 Page 59 of 165 a It #2. `r•TV'C � W Q � Q I Q • • Q ct � a U V °' •g �..+ Ct a a •� i--' N .v N Q 4-1 4-j W 00 � Q � ct CO 4 -+ En ;-4 Page 60 of 165 mm w • 1 Page 61of • Agenda Item #2. W O �I LL v O Page 62 of 165 Agenda ltepm . DAVIS & ASHTON, P.A. Keith W. Davis, Esq. Florida Bar Board Certified Attorney City,County and Local Government Law Email:keith@davisashtonlaw.com MEMORANDUM TO: Mayor and Village Council; Village Manager Allen FROM: Keith Davis, Esq. DATE: September 3, 2020 — September 9, 2020 Update RE: HB 971 and Municipal Regulation of E-Bikes Summary of HB 971 House Bill 971, titled 'Electric Bicycles' was signed into law by Governor DeSantis on June 20, 2020 and became effective on July 1, 20201. The Electric Bicycle law provides regulations for the operation of electric bicycles ("e-bikes") which will be codified in Chapter 316, Florida Statutes (the uniform state traffic control chapter). Specifically, the Electric Bicycle law does the following: 1. Creates a 'Three-tier' classification system for e-bikes — The statutory definition for `electric bicycles' provides three separate classes, of e-bikes based on top assisted speed, and whether the motor requires rider pedaling assistance: Class 1: E-bikes with motors that operate gLly when the rider is pedaling, and which have a top assisted speed of 20 miles per hour. Class 2: E-bikes with motors that operate without rider pedaling assistance, and which have a top assisted speed of 20 miles per hour. Class 3: E-bikes with motors that operate pLly when the rider is pedaling, and which have a top assisted speed of 28 miles per hour. Beginning January 1, 2021, e-bike manufacturers and distributors are required to affix a permanent label on any e-bike sold in Florida that contains the e-bike's class number, top assisted speed, and motor wattage.2 2. Gives e-bike operators the same rights and duties as those applied by law to traditional bicycles and operators - The new law provides that an e-bike or its operator "shall be See Laws of Florida Ch. 2020-69,which creates Sec. 316.20655, Fla. Stat. 2 Id. at Section 8. 701 Northpoint Parkway, Suite 205, West Palm Beach, FL 33407 1 p 561-586-7116 1 f 561-586-9611 www.davisashtonlaw.com ♦LEADING ATTORNEYS IN LOCAL GOVERNMENT LAW AND ETHICS Page 63 of 165 Ageno JWpj0#:2. HB 971 and Municipal Regulation of E-Bikes afforded all the rights and privileges, and be subject to all of the duties, of a bicycle or the operator of a bicycle."3 The rights and duties imposed by law on a traditional bicycle or the operator of a traditional bicycle are codified at Sec. 316.2065, Florida Statutes. Importantly, this section of state law defines bicycles as "vehicles" under Chapter 316, Florida Statutes. Therefore, bicyclists (now including e-bicyclists) generally have the same rights to the roadways, and must obey the same traffic laws (including, among others, DUI laws4), as the drivers of other vehicles such as cars, trucks, and motorcycles.5 Sec. 316.2065, Florida Statutes contains other requirements for bicycles and their operators (now including e-bicyclists), including: (i) a helmet requirement for riders or passengers under 16 years old; (ii) a requirement for riders to stay in bicycle lane or "as close as practicable" to the right-hand curb; and (iii) the use of a lighted lamp during nighttime riding.6 3. Allows for local regulation of e-bikes — Local governments are granted express authority to regulate a-bikes within their jurisdictions by the new law. Local Regulation of E-Bikes in the Village of Tequesta As mentioned above in the Bill Summary section of this Memorandum, Local governments are granted express authority to regulate e-bikes within their jurisdictions by the new law. The broad parameters within which local regulation should fall are as follows: 1. Permissible regulations - The Village of Tequesta may adopt ordinances "governing the operation of electric bicycles on streets, highways, sidewalks, and sidewalk areas" within the Village;' and may adopt ordinances that restrict or completely prohibit "the operation of an electric bicycle on a bicycle path, multiuse path, or trail network."8 2. General home rule authority - The regulation of e-bikes by the Village is also generally permissible within the parameters of Sec. 316.008, Florida Statutes,9 which grants a local government the general power to (i) regulate the operation of bicycles; (ii) regulate or prohibit the stopping, standing, or parking of all vehicles; and (iii) restrict the use of streets.10 3. Blanket prohibition of e-bike use on a Village-wide basis is not permissible - A blanket prohibition against e-bikes on all public rights-of-way within the Village would arguably be determined to be an overbroad infringement on the rights of e-bike operators to general use of the public roadways as granted by the new law which applies the rights of bicycle operators contained in Sec. 316.2065, Florida Statutes, to e-bike operators. Additionally, Sec. 316.008(1)(h), Florida Statutes specifically authorizes local governments to "regulate," (not prohibit), the operation of bicycles and a-bikes on its "streets, highways, sidewalks, and sidewalk areas." 3 Id. at Section 8. ° See Sec. 316.193, Fla. Stat. 5 See also Overview of Florida Laws for Cyclists(last visited July 20, 2020), https://floridabicycle.org/bicycle-traffic-law/. 6 See generally§316.2065, Fla. Stat. Id. at Section 8. 8 Id. 9 Id. 90 See generally§316.008, Fla. Stat. 2 Page 64 of 165 Agenda Item #2. Sec. 74-92. General provisions. (a) All micromobility devices are subject to all the rules and regulations below: (1) The riding of such devices shall be prohibited upon any sidewalk or on the beach within the city or any area as designated by the city where notice is posted.Operation of such devices whether privately owned or not is prohibited on sidewalks except for the purposes of parking the device in an acceptable location. (2) Micromobility devices shall be allowed to operate on streets within designated bike lanes or shared lane markings if available,shared use paths designated by the city,or upon streets with a posted speed limit of 25 mph or less. (3) The city manager, or designee, has the authority to further restrict the use of micromobility devices in cases where a roadway may be closed due to an event or to maintain public health,safety,or general welfare of the community. (b) In addition to City Code, micromobility devices are subject to any and all state laws pertaining to micromobility devices, motorized scooters,or electric bicycles,as applicable,and as may be amended. (c) No person under the age of 16 years old shall operate a micromobility device within the city. It is unlawful for the parent, legal guardian,or custodian of a minor child to knowingly permit the child to violate any provision of this article. (d) Ridership of more than one person on any micromobility device or motorized scooter shall be prohibited. The ridership of more than one person on any electric bicycle shall be prohibited unless the electric bicycle is specifically designed to carry more than one person. (e) All micromobility devices within the city shall be limited to a maximum speed of 15 mph, except electric bicycles shall be limited to a maximum speed of 20 mph. (f) All micromobility devices regardless of ownership,shall not be parked in a manner that obstructs any ingress or egress from any building or parking area,or in a manner that prevents any sidewalk or walkway from maintaining at least five feet of walkway clearance. (Ord. No. 21-24, §2, 12-14-21) Created: 2024-03-11 15:34:46 [EST] (Supp.No.49) Page 1 of 1 Page 65 of 165 Agenda Item #2. Micromobility Micromobility is an emerging form of transportation that provides an easy and affordable way for people to move around for short point to point trips and is experiencing rapid growth. Micromobility typically refers to a range of small, lightweight vehicles operating at speeds typically below 20 mph and consists of devices such as e-bikes, electric scooters, electric skateboards, shared bicycles, and electric pedal-assisted bicycles. Micromobility Rules and Regulations a pe Beaehm 1"aility Devices Be Subject 1 The FollowingRestrictions: 1 1 YE S• Page 66 of 165 Agenda Item #2. Where Maximum How Age to Speeds to Restrictions No fffobility devices shall be use .Tny sidewalk in the City of St. Pete Beach. Micromobility devices may be ridden in the following areas: • In marked bike lanes • On shared use paths • On streets with posted speed limits of 25mph or less Micromobility devices may not be ridden in the following areas: • On sidewalks or pedestrian walkways • On streets with posted speed limits of 25mph or more that do not have designated bike lanes • On the beach All micromobility devices will be restricted to the following maximum speeds: • E-Scooters - 15mph • E-Bikes - 20mph Micromobility devices should not be left parked in a manner blocking any ingress or egress from any building, parking area, or sidewalk that prevents a walkway of maintaining at least 5 ft. of walkway clearance. You must be at least 16 years old to use micromobility devices in the City of St. Pete Beach. St. Pete Beach Micromobility Pilot Program In early 2022, the City of St. Pete Beach will begin the process of setting up a micromobility pilot program to bring e-scooters and a-bikes to the city. Please check back for updates! Page 67 of 165 Adihd'A lVem #2. Jupiter police crack down on a-bike riders who don't follow rules The Palm Beach Post JUPITER Safer kids, safer streets: Jupiter police crack down on a-bike riders who ignore rules The popularity of electric bikes and motorcycles is growing. Jupiter police have started a campaign to warn people of their potential dangers. Maya Washburn Palm Beach Post Published 5:09 a.m. ET April 18, 2024 1 Updated 5:09 a.m. ET April 18, 2024 JUPITER — When the clock struck 4:05 p.m. at Independence Middle School one recent Thursday, students raced to the bicycle parking rack to mount e-bikes and pedal home, even if their mothers feared danger. The sound of laughter and whirring chain rings filled the air as worried parents watched with bated breath, hoping that the kids riding e-bikes — mostly boys — wouldn't weave in and out of lanes on the Jupiter streets. It is the same school attended by a young boy who was struck by a car while riding an e-bike a few weeks ago, and the same dread that has inspired Jupiter police to begin a campaign to teach people how and where to ride the popular bikes. "There's a reason why kids aren't allowed to drive cars," Jupiter Police Chief David England said. "They don't make good decisions, they don't perceive danger and they don't understand the hazards that they can be causing. Kids are operating these things very unsafely." How Jupiter is growing:Apartments pitched as 'affordable,' but Abacoa residents disagree Page 68 of 165 https://www.pa I m beach post.com/story/news/local/Jupiter/2024/04/18/J upiter-police-crack-down-on-e-bike-riders-who-dont-follow-rules-a-moto-abacoa-. 1 5 AUAVem #2. Jupiter police crack down on a-bike riders who don't follow rules Where can you ride an a-bike? Most people don't know, Jupiter police say Officers say the problem of kids riding electric bicycles and motorcycles recklessly around town is getting out of hand as the vehicles are modified to make them go faster. They are trying to educate as many kids and parents as they can about the legalities surrounding the two- and three-wheelers by visiting local schools and passing out fliers. Over the past few months, England said, they have seen the biggest concentration of kids riding e-bikes around Abacoa, an area along Jupiter's southern border that is home to hundreds of families. However, he said most of the problems haven't been with e-bikes, but their cousins: e-motos, or electric motorcycles, which are larger and heavier and can travel at faster speeds. England says some parents are buying e-motos for their kids thinking that they are e-bikes, when they are in fact something completely different. E-motos are off-road vehicles meant for dirt tracks. They are illegal to operate on public streets, highways or sidewalks. Still, middle school-aged kids are using them for their commutes to school. While e-bikes can reach speeds of up to 28 mph, e-motos can go as fast as 40 mph. Many of the vehicles around town are going even faster because some riders are bypassing the speed controls on the vehicles. By doing this, e-bikes can reach about 30 mph and e-motos can reach almost 6o, or as fast as some cars travel on highways. How Palm Beach Gardens is growing: City approves 221 apartments along Central Boulevard E-bikes in traffic put teens at risk, frighten drivers, police say Florida law governs the use of e-bikes. It treats them like regular bicycles, said England, who noted that the laws surrounding e-bikes are "not as well defined" as golf carts, which share the road with cars like bikes do. He noted that e-bikes cannot use their motors on sidewalks; their riders can only pedal them. If they are ridden on the road, a person can either pedal or use its electric power, but they Page 69 of 165 https://www.paI mbeach post.corn/story/news/local/j upiter/2024/04/18/jupiter-police-crack-down-on-e-bike-riders-who-dont-follow-ru les-e-moto-a bacoa-... 2/5 AgendaI`�em #2. Jupiter police crack down on a-bike riders who don't follow rules have to follow the road rules associated with bicycles. The law also requires riders under the age of 16 to wear helmets. Jupiter police are enforcing new measures to lower the dangerous conditions. They will pull over kids who break road rules to give them a warning or issue a citation, depending on the severity of the infraction and if they have been stopped before. A citation also could require them to pay a fine and delay their obtaining a driver's license to age 18, rather than 16. "It's a significant punishment for the kids who are not obeying the law," England said. "We hope to get voluntary compliance, but if we don't and we have to deal with the same kids over and over, they will qualify for a uniform traffic citation just like anybody else violating traffic laws." England said police officers are concerned about the teens, and pedestrians and drivers are "scared to death" when a kid zips in front of them, not paying attention. Other northern Palm Beach County municipalities are reporting the same issues with e-bike use but they are handling the situation differently, England said. The Tequesta Village Council passed an ordinance in 2021 that prohibits e-bike operation on sidewalks within the village, but the council plans to "revisit" this decision. They plan to hold a workshop to discuss other options. In Juno Beach, e-bikes are allowed on the dune walkovers or the sidewalks leading to them, Town Manager David Dyess said. Palm Beach Gardens, Lake Park and North Palm Beach defer to state law and do not have any special regulations for e-bikes. Palm Beach Gardens police officers also plan to pass out educational pamphlets around the city and issue warnings or citations to e-bike riders who break road rules in the weeks ahead. Jupiter U.S. 1 bridge update: Project passes halfway point, with November opening on track Page 70 of 165 https://www.paimbeach post.com/story/news/local/j u pite r/2024/04/18/ju piter-police-crack-down-on-e-bi ke-riders-who-d ont-fol low-rules-e-moto-abacoa-... 3/5 ./g/24, 1 4 Item #2. Jupiter police crack down on e-bike riders who don't follow rules Recent injury to student has Jupiter families aware of e-bike's dangers Jennifer Greenhill sat on a bench on a windy Thursday afternoon waiting for Independence Middle School to dismiss her 12-year-old son for the day. She watched as kids whizzed around Abacoa's oak tree-lined streets on the electrically powered two-wheelers after school. Some pairs of kids even rode on one e-bike at the same time. "My son begs me for an e-bike, but I say no," said the 41-year-old Greenhill of,Jupiter, who thinks the bikes are dangerous. She said many fellow parents have had moments when they had to slam on their brakes because kids on electric bikes will swerve out in front of their cars. "The kids don't wear helmets, and I don't think kids 16 and under should even be riding them," Greenhill said. "Half of them don't even ride on the sidewalks. They are out in the middle of the roads." Her son is a classmate of Ryan Gural, the Jupiter boy who was riding an e-bike when a car crashed into him on March 29. He sustained injuries including a fractured skull, a broken jaw and brain bleeding, according to news reports. Scott Henratty, the attorney representing Gural's family, told The Palm Beach Post that he is investigating the situation to "hold all those responsible for the traumatic injuries he sustained accountable." He confirmed that Gural is still receiving care. Greenhill said the accident has not discouraged her son from still wanting an e-bike. "It'd be nice if(a school guard) was out here monitoring when the kids get out of school," Greenhill said. "A lot of drivers don't pay attention and the kids aren't paying attention, and that causes a problem." More: Do Jupiter residents really oppose a town fire department? Town, union take issue to court Maya Washburn covers northern Palm Beach County for The Palm Beach Post,part of the USA TODAYMorida-Network. Reach her atmwashburn@pbpost.com. Support local journalism:Subscribe today. Page 71 of 165 https://www.palm beach post.com/story/news/local/Jupiter/2024/04/18/jupiter-police-crack-down-on-e-bike-riders-who-dont-follow-rules-e-moto-abacoa- 4 5 9�1��ridWftem #2. Effort by Florida Cities to Restrict E-Bikes Faces Collapse /�► 'L Newsletters Webinars Events Magazine Papers I Special: Constituents Experience Finance Local TRANSPORTATION Effort by Florida Cities to Restrict E-Bikes Faces Collapse A legislative push that would have given local governments more power to regulate e-bikes and scooters appears dead for the legislative session, but the lawmaker who led the issue says she will try again. March 06,2024 •Ana Ceballos, Miami Herald g: X • '1 4 �' } Shutterstock By clicking "Accept All Cookies", you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. Accept All Cookies Never miss a storywii news Reject All Cookies Settings Page 72 of 165 https://www.govtech.com/transportation/effort-by-florida-cities-to-restrict-e-bikes-faces-collapse#:—:text=Petersburg%2C St.,law allows them to do. 1 8 9d1424tiAlem #2. Effort by Florida Cities to Restrict E-Bikes Faces Collapse The proposal was introduced in the Legislature after a Key Biscayne woman on a bike died in a head-on collision with a 12-year-old boy riding an electric bicycle on Valentine's Day. The death of Megan Andrews, 66, revived longstanding concerns from many who worried about pedestrian safety amid the rising popularity of e-bikes. "I hoped that my immediate efforts in response to the terrible tragedy on February 14, which resulted in the untimely death of Megan Andrews, would give much needed authority to the Village to enact an ordinance," said state Rep. Vicki Lopez, who pushed to include the proposal onto a wide-ranging transportation bill in the House. ADVERTISEMENT By clicking "Accept All Cookies",you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. Never miss a story will news Page 73 of 165 https://www.govtech.com/transportation/effort-by-florida-cities-to-restrict-e-bikes-faces-collapse#:-:text=Petersburg%2C St.,law allows them to do 2 8 KOf d Item #2. Effort by Florida Cities to Restrict E-Bikes Faces Collapse The proposal would have given local governments the ability to require one or more minimum age requirements for the use of electric bicycles and mandate government— issued photo identification cards for riders. Florida law currently requires local governments to regulate electric bicycles — which can be operated without a motor — the same way as normal bikes. In Key Biscayne, local officials said the state law as written prevented them from restricting the use of e-bikes based on age without also affecting the use of regular bicycles. ADVERTISEMENT "We have tried to By clicking "Accept All Cookies",you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. g Never miss a story wil news Page 74 of 165 hftps://www.govtech.com/transportation/effort-by-florida-cities-to-restrict-e-bikes-faces-collapse#:-:text=Petersburg%2C St.,law allows them to do 3'8 �ger�3J0 uaphem #2. Effort by Florida Cities to Restrict E-Bikes Faces Collapse At the meeting, Key Biscayne officials voted to ban electric bikes and electric scooters from the island for 60 days as they figured out what to do next. Other communities in the state — including St. Petersburg, St. Pete Beach and Madeira Beach — have passed ordinances that require people to be at least 16 years old to ride an electric bicycle, a step the village has not taken out of concern for what state law allows them to do. It is unclear what the village intends to do now that state lawmakers are unlikely to give them the power to enact stricter local rules based on age and other requirements. Lopez said she plans to help the village on what to do next. "I am committed to working with the Village in the next legislative session to address several issues that will ensure the safety of pedestrians and bicycle riders alike," she said. Rick Martinez, a Key Biscayne resident who is part of a group who has reached out to council about regulating the devices, said he emailed the council just last week, telling council members that they could put regulations in place the way other municipalities have in recent years under current state law. He said council members could have asked for an opinion from another attorney before the tragedy occurred on Valentine's Day. "We've been reactive instead of proactive," Martinez said. Martinez said there should be an age requirement of at least 16 to ride the electronic devices and that the municipality should ban certain classes that go over a certain speed. Why did the effort stall? It is difficult to pinpoint exactly what policy issue caused the bill to stall in the Legislature. The House bill was 60 pages long and included a myriad of policy issues related to transportation. Thy By clicking "Accept All Cookies",you agree to the storing measure. of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. Never miss a story wfl news Page 75 of 165 https://www.govtech.com/transportation/effort-by-florida-cities-to-restrict-e-bikes-faces-collapse#:—:text=Petersburg%2C St.,law allows them to do. 4.8 Agein33`��4em #2. Effort by Florida Cities to Restrict E-Bikes Faces Collapse Tuesday the bill was likely dead in the chamber. "I don't think it's going to make it," he said. State Rep. Fiona McFarland, a Sarasota Republican who sponsored the House bill, also confirmed the effort was likely dead. Lopez said she was "most disappointed and frustrated" with the Senate's decision to not consider the House bill. But vowed to continue the fight next year. "These devices are becoming a public nuisance as more and more people purchase them for personal use," she said. "We must be committed to finding local and state solutions to ensure no one else dies or is seriously injured." © 2024 Miami Herald. Distributed by Tribune Content Agency, LLC. Tags: Transportation, Justice and Public Safety, Policy Stay on top of the latest state & local government technology trends. Sign up for GovTech Today. Delivered daily to your inbox. Email Address' FREE NEWSLET-f ER SIGN UP By clicking "Accept All Cookies",you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. Never miss a storywii news Page 76 of 165 https://www.govtech.com/transportation/effort-by-florida-cities-to-restrict-e-bikes-faces-collapse#:—:text=Petersburg%2C St.,law allows them to do. 5'8 Agenda Item #2. Workshop STAFF MEMO J: 'w k� T Meeting: Workshop - Jul 05 2022 Staff Contact: Jeremy Allen, Village Manager Department: Manager Discussion of Ordinance 10-20 regarding e-bike operation on Village sidewalks. SUMMA The Village per Ordinance 10-20 adopted regulation that prohibits the operation of "E-bikes" on g p p g p p sidewalks in the Village and provides penalties for violations. Per direction by Council, this item has been requested for discussion and consideration. This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443. BUDGET • ' • PROJECT NAME: NA BUDGET: NA ENCUMBERED: NA Proposed: Projected Remaining: NA NA PROJECTED TOTAL: NA Agenda Memo 20-404 - Pdf Teguesta - E-Bikes Memo update Page 77 of 165 Agenda Item #2. Regular Council STAFF MEMO Meeting: Regular Council - Dec 10 2020 Staff Contact: Jeremy Allen, Village Manager Department: Manager 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. 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 Page 78 of 165 Agenda Item #2. Tequesta PoJlce Department ... Published by Ma. Daniele 0- February 15, We have noticed an influx-of electric bi-cycles around the Village recently and want to remind our residents of-our local and state ordinances regarding the operation of e-bikes to keep our Village safe. 4E131keSafetyr#safebiking #villageoftecluesta For more information regarding ordinances please visit: htip:fl'vnww.Ieg.state.fl.us/statutes/index.cfm?,Epp_rnocle=DIspIay-Statute URL=03Q6- 6399/0316/Sections 0316.20655.html... See more ELECTRIC BICYCLE ORDINANCE VILLAGE ORDINAFlACE - SEC. 46-4 Village ordinance states electriic bikes (e-b l es) are not permitted to be in use an sidewalks, If you are observed operating an a-bike an a sidewalk nallties are as follows: Find violation: $25.00 Second violation: $50.00 third violation: S100.00 STATE ORDINANACE FS 316.20655 • All e-biker. Tnus# have the manufacturer permanently affixed label which contains: classification, tap speed, and matter watt-age of e-bike- A person cannot modify or tamper with an e-hike to change speed capability or engagement of a-bike, unless the affixed label is replaced with updated modifications. The a-bike must comply with equipment and manufacturing requirements for bikes adopted by the US Consumer Product Safety Commission 1b .F.R. 'Keep in mind, all bicycle safety and operation.rubs apply to a-bike operation.' Need a helmet?Our officers hove free helmets for residents anal are certified to find the best fit. Pl-agpe j;pntuct v!s s•t(561) 7$$-0505 vw'416 4Ry quefti9F%*- - Q.ethrb., lays 13ri0ril110 hiiCr saFety walhl astir emrnunit +l See insights and ads 09 2 comments 5 shares Page 79 of 165 Ag . . alte m -� - ?LECTRIC BICYCLE ORDINANCE - VILLAGE ORDINANACE - SEC. 46-4 Village ordinance states electric bikes (e-bikes) are not permitted to be in use on sidewalks. If you are observed operating an a-bike on a sidewalk penalties are as follows: First violation: $25.00 Second violation: $50.00 Third violation: $100.00 STATE STATUTE - FSS 316.20655 • All a-bikes must have the manufacturer permanently affixed label which contains: classification, top speed, and motor wattage of a-bike. • A person cannot modify or tamper with an a-bike to change speed capability or engagement of a-bike, unless the affixed label is replaced with updated modifications. • The a-bike must comply with equipment and manufacturing requirements for bikes adopted by the US Consumer Product Safety Commission - 16C.F.R. *Keep in mind, all bicycle safety and operation rules apply to e-bike operation.* Need a helmet? We have free helmets for residents and our officers certified to find the best fit. Please contact us at qP (561) 768-0505 with any questions. Together, let's prioritize bike safety within our community) 80 of 165 Agenda Item #2. BICYCLE SAFETY TIPS Every year, thousands of people sustain bicycle-related injuries. Here are some important tips to keeping yourself safe while biking. ,..:... ..... EQUIPMENT CHECK Always wear a properly fitted helmet. • Inflate & check tires and ensure brakes are functioning properly. • Be Seen!! Just because you can see a vehicle does not mean they can see you. Wear bright or reflective clothing while riding, install reflectors on your bicycle, refrain from biking at nights when possible, and always ensure your bicycle light is working. * Need a light? We offer free bicycles lights at the PD! BICYCLE OPERATION • Keep both hands on handle bars and have control of our bike. y • Look and listen! Ensure you are able to hear and see your surroundings. This means removing earphones and any visual obstructions. • Watch for hazards that may cause you to lose control: potholes, glass, gravel, debris, and animals. • Do not make sudden movements, such as swerving, turning without signaling and looking, or riding into traffic. RULES OF THE ROAD 0 • Travel with the flow of traffic • Obey traffic laws • Use hand signals and always look before turning and at all intersections • Per Village Ordinance Sec. 46-4. - It is unlawful for any person to operate an electric bicycle upon any sidewalk within the jurisdictional limits of the Village of Tequesta. The Tequesta Police Department is here to help. Our officers have free helmets for residents and are certified to find the best fit. Please contact us at (561) 768-0505 with any questions. Together, let's prioritize bike safety within our community! qP CHIEF ASSISTANT CHIEF GUS MEDINA JAMES MCGREW VILLAGE MANAGER JEREMY ALLEN Page 81 of 165