Fort Walton Beach Ordinance — 2016--Scooter Ordinance — reading text

ORDINANCE 2016 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING CHAPTER 11, TRAFFIC & VEHICLES, OF THE CODE OF ORDINANCES TO INCLUDE NEW REGULATIONS ADDRESSING MOTORIZED SCOOTERS AND MICROMOBILITY DEVICES ; PROVIDING DEFINITIONS; CREATING STANDARDS FOR OPERATION; CREATING OTHER MISCELLANEOUS PROVISIONS; PROVIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF I FORT WALTON BEACH, FLORIDA AS FOLLOWS: Section 1. Authority and Intent The authority for enachnent of this ordinance is pursuant to the powers vested in the City by Section 166.021 ( 1) of the Florida Statutes, and the City Charter. Section 316.2128 of the Florida Statutes allows for the operation of motorized scooters and micromobility devices on streets, highways, sidewalks, and sidewalk areas under the local government' s jurisdiction. Section 2. Amendment of Chapter 11, Traffic & Vehicles Chapter 11, Traffic & Vehicles, of the Fort Walton Beach Code of Ordinances shall be amended to include Section 11. 14 Motorized Scooters & Micromobility Devices as provided in Exhibit A. Section 3. Severability In the event any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, it is the intent of City Council that such invalidity shall not affect any other provisions of the Ordinance which may be given effect without the invalid provision or application and, to this end, the provisions of this Ordinance are declared severable. Section 4. Effective Date This Ordinance shall take effect immediately upon approval upon second reading by City Council and the signature of the Mayor. Adopted: , n o-e 1b ao 9 Richard A. Rynearson, ayor Attest: Approved for form, l suffi iency W oP TON n., ii% , ° s Kim . Barnes, City Cler _ ayw Dykes, ., rt ttorney w j ` J _ ^ w r' s FLOR Op 11. 14 MOTORIZED SCOOTERS & MICROMOBILITY DEVICES 11. 14. 01 - Definition. Dockless Small Vehicle Svstem or Svstem. System which provides bicvcles, scooters, electric bicYcles, electric scooters, ar other Micromobilitv Devices for short- term rentals for point- to- point trips and which may be locked and unlocked without the requirement of a bicycle rackor other dockin station. Micromobility Device. Anv motorized transportation device made available for private use bv reservation through an online application, website, or software for point-to-point trips and which is not capable of travelin a peed xeater than 20 miles per Hour on level ground• Bicycles, scooters, electric bicvcles, electric scooters, and other small, wheeled vehicles designed specifically for shared use utilizin GPS technologv and deplo e part of a Dockless Small Vehicle Svstem. Operator. Means the business o erating micromobility device rentals within the Citv. Pilot Period. Means the one- period be nning on the effective date ofthis ordinance. i User. Means a person who rents and uses a Micromobility Device from an operator. 11. 14. 02. - Oneration of vehicles in parks. It shall be unlawful to stop stand or park, drive or cause to be driven any micromobilitv device or small vehicle off the designated parkin lots, roadways, and sidewalks of anv citv park. 11. 14. 3 - Reckless Sueed• It shall be unlawful for anv person to drive or propel any micromobility device at a careless indifferent or reckless speed throu h an park or playground or upon any right-of-wav in the citv. 11. 14. 4 - Overtakin and aassing of vehicles proceedin in the same direction. The following rules shall govern the overtaking and passin of micromobilitv devices proceeding in the same direction subject to those limitations exceptions and special rules hereinafter stated: 1. The driver of a micromobilitv device overtaking another micromobility device proceeding in the same direction shall pass to the left thereof at a safe distanceand shall not a ain drive to the right side of the roadwav until safelv clear of the overtaken micromobility device. the driver 2. Except when overtaking and assing on the ri t is permitted, of an  overtaken micromobility device shall ive to the right in favor of the overtaking micromobilitv device on audible si nal and shall not increase the speed of his micromobilitv device until com letelv passed by the overtaking micromobility device. 3. The operator of a motor vehicle when overtaking and nassin a micromobility device proceedin in the same direction on the roadwav shall leave a safedistance between the motor vehicle and the micromobility device of not less than three ( 3') feet and shall maintain the clearance until safelv past the overtaken micromobility device. 11. 14. 5 - Analication for Permits. It shall be unlawful far anv person or entitv to operate a Micromobilitv Device or a) Dockless Small Vehicle Svstem business without first having obtained Citv business tax receipt b) The Onerator must submit the following items for review with their business tax receipt application submittal: 1. Ima es and description of micromobilitv device and mobile a plication• 2. Business nartner program that demonstrates the Operator prior to deplovment, has established agreements with businesses or entities who want the micromobility devices to be available for accessing their business, either bv employees who park remotelv customers or others that need to access these pro erties. 3. Size of fleet at launch, quantified bv number of vehicles deplo d. 4. Service area at launch. 5. Plan for educatin users on proper micromobilitv device parkingi 6. Plan for complvin with this ordinance and its requirements• 7. A certificate of insurance pursuant to Section 11. 14. 06• and I  c) All business tax receipts issued shall expire at the end of the Pilot Period unless the program is extended bevond the term of the Pilot Period through approval bv Citv Council The Citv shall consider issuance of Business Tax Receipts based upon the Citv opulation. 1. The maximum number of Business Tax Receipts a proved for a Micromobilitv Device, or pockless Small Vehicle Svstem operator in the Citv shall not exceed one ( 1) for every ten thousand ( 10 000) residents as certified in the most recent census or periodic demo raphic studies recognized bv the City, including the Bureau of Economic and Business Research ( BEBR) Florida Estimates of Ponulation. For example: Residents Indicated Business Tax Receipts 0- 10, 000 1 10, 001- 20, 000 j 2 20, 001- 30, 000 j 3 30, 001- 40, 000 4 40, 001- 50,000 5 50,001- 60, 000 6 60, 001- 70, 000 7 70, 001- 80, 000 8 11. 14. 6 - Safety Regulations. a) To be eligible for a business tax receipt, the following standards must be met: 1. All electric scooters used bv operators issued a business tax receipt under this chapter shall meet the standards set forth, including a front light that emits white light and a rear red reflector, except an electric scooter need not have fullv operable pedals nor wheels of twentv ( 20") inches ar more in diameter. An electric scooter shall have a foot board for the user to stand upon and no seat. Each scooter shall have a top motar-powered speed of less than fifteen 15) miles per hour when operated bv a rider weighing one hundred seventv  170) pounds. If it is determined that anv battery or motar on a scooter is unsafe for public use, the Citv reserves the ri ht to terminate the permit issued for the Small Vehicle. 2. Other safetv standards as thev