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Home My WebLink AboutDocumentation_Regular_Tab 09_7/11/2024 Agenda Item #9. Regular Council STAFF MEMO Meeting: Regular Council - Jul 11 2024 Staff Contact: Keith Davis, Village Attorney Department: Legal ORDINANCE NO. 06-24, SECOND 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 During the April 29, 2024 Workshop, Council discussed and determined the E-bikes ordinance should be repealed and a-bike education should be increased.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. BUDGET • - • BUDGET AMOUNT NA AMOUNT AVAILABLE NA EXPENDITURE AMOUNT: NA FUNDING SOURCES: NA IS THIS A PIGGYBACK: ❑ Yes M N/A DID YOU OBTAIN 3 QUOTES? ❑ Yes M N/A COMMENTS/EXPLANATION ON SELECTIONNA Ordinance 06-24 Section 46-4 E-Bike Ordinance Repeal Page 73 of 118 Agenda Item #9. 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 1 Page 74 of 118 Agenda Item #9. 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 2 Page 75 of 118 Agenda Item #9. 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. Cep 46_4 - CleGtr-mG hinvnles on sidewalks prehihit . v a ' shall me any biGYGlle eF tFiGYGl�equipped with fully roll operablepedals, cry•�+�addl�a�, an eteotr+c meter of loss than 750 watts, anna whiGh fits orr-vrniee of the three ssi ivat�rnrj�Of "8_lP_GtFiGhinynlreas prEwded otHder--lten 216,003(72), F4 Cf a tvmra-c'tecs�. (l.\ rnHi�i lea i'nla1nifUt for any peraerni-oapeerrate.aap eleGtFiG hip le Upn�Y sv'l WAlh Within ii irisdirt�nal limits of the Village of Toni testa Up vn�cvv-cm-/ry-�v�vT rr rr.�aTv v-n�c-c�-rTccforc�ca. +�,� firne.m tp/dpena e. Any person fvrr feun to h-aye�rlate-d the pr"vhibr icI914 /1\ Ctrs+ Welation• /A fine of$25 nn to he pair! within 15 days /7\ Sec-end violation: A fine of$60 nn to he paid within 15 days , (`2\ Thirid and subsequent vielations• A fine of $100 nn, to he paid Within 15 days may pursue any ether penalty er relief three igh lame or eni city Secs. 46-45— 46-30. - Reserved. Section 2: Each and every other section and subsection of Chapter 46. Motor 3 Page 76 of 118 Agenda Item #9. 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. 4 Page 77 of 118