HomeMy WebLinkAboutDocumentation_Regular_Tab 21_6/13/2024 Agenda Item #21.
Regular Council
STAFF MEMO
Y
Meeting: Regular Council - Jun 13 2024
Staff Contact: Keith Davis, Village Attorney Department: Legal
ORDINANCE NO. 06-24, FIRST READING: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, REPEALING CHAPTER 46. MOTOR VEHICLES AND
TRAFFIC. ARTICLE I. IN GENERAL. SECTION 46-4 ENTITLED "ELECTRIC BICYCLES ON
SIDEWALKS PROHIBITED"; 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.
During the April 29, 2024 Workshop, Council discussed and determined the E-bikes ordinance should
be repealed and a-bike education should be increased. The attached Ordinance effectuates that
action.
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.
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Ordinance 06-24 Section 46-4 E-Bike Ordinance Repeal
Page 340 of 344
Agenda Item #21.
ORDINANCE NO. 06-24
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, REPEALING CHAPTER 46. MOTOR VEHICLES
AND TRAFFIC. ARTICLE I. IN GENERAL. SECTION 46-4 ENTITLED
"ELECTRIC BICYCLES ON SIDEWALKS PROHIBITED"; 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, the Village Council adopted section 46-4 (Ordinance 10-20) in order
to govern the use and operation of electric bicycles on sidewalks within the Village of
Tequesta's jurisdiction following the passage of House Bill 971, titled `Electric Bicycles,'
effective July 1, 2020; and
WHEREAS, the Village Council desires state law to apply and deems it is no
longer in the best interest of the Village to regulate the use of electric bicycles on Village
sidewalks; and
WHEREAS, the Village Council finds that the repeal 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. Section 46-4
entitled "Electric bicycles on sidewalks prohibited" is hereby repealed in its entirety.
Chapter 46 Article 1 shall hereafter read as follows:
ARTICLE I. = IN GENERAL
Sec. 46-1. - Hitchhiking.
(a) It shall be unlawful for any person to hitchhike or solicit a ride from the operator
of any motor vehicle being driven upon any road, street or alley located in the
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Page 341 of 344
Agenda Item #21.
village, including state roads and county roads.
(b) It shall be no defense to a prosecution under this section that the person
soliciting the ride was standing on a sidewalk or on private property.
(c) An emergency shall constitute a defense to a prosecution under this section
where a motor vehicle has become disabled, or some threat to person or property
exists necessitating flight.
(d) This section shall not be construed to prohibit a person from signaling or
requesting transportation from a vehicle for hire such as a bus or taxicab.
(e) Any person found guilty of a violation of this section shall be subject to penalties
in accordance with section 1-14 or any other available remedy by law.
State Law reference—Authority to prohibit hitchhiking, F.S. § 316.008.
Sec. 46-2. - Use of golf carts upon designated village streets.
(a) The Village of Tequesta hereby designates certain public roads or streets within
the village for use by golf carts in accordance with F.S. § 316.212.
(b) Pursuant to F.S. § 316.212, the following shall apply to golf cart operation on
designated public roads or streets within the village:
(1) Golf cart operators must be a minimum of 18 years of age unless the golf cart
operator possesses a valid learner's driver license or valid driver license at all
times while operating a golf cart on public roads. In addition, golf cart operators
who are 18 years of age or older must possess a valid form of government
issued photographic identification at all times while operating a golf cart on public
roads.
(2) The number of occupants in any golf cart being operated within the village
shall be restricted to the number of seats on the golf cart. No occupants of a golf
cart shall stand at any time while the golf cart is in motion. All golf carts must be
equipped with efficient brakes, reliable steering apparatus, safe tires, a rearview
mirror, and red reflectorized warning devices in both the front and rear. Golf carts
operated between sunset and sunrise on designated roads and streets shall also
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Page 342 of 344
Agenda Item #21.
be properly equipped with headlights, brake lights, turn signals and a windshield.
(c) Violations of this section are non-criminal traffic infractions punishable in
accordance with F.S. § 316.212.
(d) The Village of Tequesta Police Department shall post signs indicating those
certain public roads and streets within the village that have been designated for use
by golf carts.
Sec. 46-3. - Commercial vehicles; contractor number.
Any commercial vehicle being used by a state licensed contractor to conduct business
within the village shall have prominently displayed thereon the license number(s) of the
contractor.
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Secs. 46-45— 46-30. - Reserved.
Section 2: Each and every other section and subsection of Chapter 46. Motor
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Agenda Item #21.
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.
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