HomeMy WebLinkAboutOrdinance_06-24_7/11/2024 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"Electric bicycles on sidewalks prohibited" is hereby repealed in its entirety.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 village,
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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
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.
der A�TEleGtri hirycles on sidewalksprohibited,
„ Definition. For the purpose is section the term ` I GtFie hiGYGl ' shall moon
SzrL-vc e �cvcrvrr-crrv'ZcrrrTeteGti�c-vc�Gtl��urrnTccrrr
aRy b'GYG!e OF tFiGYGle equipped with fully epeFable pedals, a seat eF saddle, an
eieGtFjG r waite of- less than 750 watts and whiGh fits within nne of the t
GlaSSifiGatens Gf"e!ec-try biGYG!e" as provided iR Section 216 003(22), Flgr
Statutes.
P-roiiib t it {s unlai/tlttli feF ,aln}f-perserman�,--opecrate arnr-e!eGtF*G biGy upon an�i
sidewalk within the e+etlenal lif�s efthe Village of Tequesta
1 Te emencrr}rand penalties. Any pe�eGR fvand to have ��tatedthe picehibiticm
-
sentaRed 'R this seGtiefRshall be sspbjc feIIoWing penalties:
�11 Fir violation,- A fine of$25 00 to he nail-! within 1 F day
r,vi�� c-rtrrv-v�r��o. � .r
days.
Third and subsequept violatiops� A fine ef $100.00, to be paid within 15
.
may pursue aRY E)theF penalty er relief available through law eF equit�-.
Secs. 46-45 — 46-30. - Reserved.
Section 2: Each and every other section and subsection of Chapter 46. Motor
Vehicles and Traffic. shall remain in full force and effect as previously adopted.
Section 3: All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
Section 4: Should any section or provision of this Ordinance or any portion
thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the remainder of this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall take effect immediately upon adoption.
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ORDINANCE DATE
6-24 07/11/24
MOTION Vice-Mayor Rick Sartory SECOND Council Member Laurie Brandon
FOR AGAINST ABSENT CONFLICT
Mayor Molly Young ❑✓ ❑ ❑ ❑
Vice-Mayor Rick Sartory ❑✓ ❑ ❑ ❑
Council Member Laurie Brandon ❑✓ ❑ ❑ ❑
Council Member Patrick Painter ❑✓ ❑ ❑ ❑
Council Member Jayson E. French ❑ ❑ ✓❑ ❑
The Mayor thereupon declared the Ordinance duly passed and adopted.
MAYOR OF TEQUESTA:
Molly Young
ATTEST: vPGpR D�.4?G',
IlVCOq
Lori McWilliams, MMC OgATED:
Village Clerk = F4, 19 fir,;
OF FL t)E'I