Fort Walton Beach Ordinance — 2082--Motorized Scooters — reading text

READING DATE 1st fro 2nd M ORDINANCE 2082 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT FLORIDA, AMENDING CHAPTER 11, TRAFFIC & WALTON BEACH, SECTION 11. 14 MOTORIZED SCOOTERS AND VEHICLES, DEVICES, OF THE CODE OF ORDINANCES; AND MICROMOBILITY PROVIDING AN EFFECTIVE DATE. WHEREAS, Sections 316. 008 and 316.2128 of the Florida Statutes provide that municipalities may adopt ordinances governing the operation of micromobility devices and motorized scooters on streets, highways, sidewalks, and sidewalk areas under the local government' s jurisdiction; and WHEREAS, use and interest in alternative forms of transportation, including motorized scooters, have increased across the nation and in Florida; and WHEREAS, local governments have found it beneficial to enact ordinances to address and regulate the use of these micromobility devices and motorized scooters on public roads in their jurisdictions for the users and the general public; and WHEREAS, on September 10, 2019, City Council adopted Ordinance No. 2016 to allow motorized scooters and micromobility devices within the City as part of a one ( 1) year pilot program; and WHEREAS, due in part to the COVID- 19 Pandemic, no companies participated in the pilot program which ended on September 10, 2020; and WHEREAS, on October 27, 2020, City Council adopted Ordinance No. 2037 to allow motorized scooters and micromobility devices within the City as part of an additional one( 1) year pilot program to expire on October 26, 2021. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: Section 1. Authority and Intent The authority for enactment of this ordinance is pursuant to the powers vested in the City by Section 166.021 ( 1) and 316.008 of the Florida Statutes, and the City Charter. Section 316.2128 of the Florida Statutes allows for the operation ofmotorized scooters and micromobility devices on streets, highways, sidewalks, and sidewalk areas under the local government' s jurisdiction. Vehicles Section 2. Amendment of Chapter 11, Traffic & 11. 14 MOTORIZED SCOOTERS AND MICROMOBILITY DEVICES 11. 14. 01 Definition. Dockless small vehicle system or system. System which provides bicycles, scooters, electric bicycles, electric scooters, or other micromobility devices for short-term rentals for point-to-point trips and which may be locked and unlocked without the requirement of a bicycle rack or other docking station.  Micromobility device. Any motorized transportation device made available for private use by reservation through an online application, website, or software for point-to-point trips and which is not capable of traveling at a speed greater than twenty ( 20) miles per hour on level ground. Bicycles, scooters, electric bicycles, electric scooters, and other small, wheeled vehicles designed specifically for shared use utilizing GPS technology and deployed as part of a dockless small vehicle system. Operator. Means the business operating micromobility device rentals within the City. User. Means a person who rents and uses a micromobility device from an operator. 11. 14. 02. Operation of vehicles in parks. It shall be unlawful to stop, stand or park, drive or cause to be driven any micromobility device or small vehicle off the designated parking lots, roadways, and sidewalks of any city park. 11. 14. 03 Reckless Speed. It shall be unlawful for any person to drive or propel any micromobility device at a careless, indifferent or reckless speed through any park or playground or upon any right-of-way in the city. 11. 14. 04 Overtaking and passing of vehicles proceeding in the same direction. The following rules shall govern the overtaking and passing of micromobility devices proceeding in the same direction, subject to those limitations, exceptions and special rules hereinafter stated: 1) The driver of a micromobility device overtaking another micromobility device proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken micromobility device. 2) Except when overtaking and passing on the right is permitted, the driver of an overtaken micromobility device shall give to the right in favor of the overtaking micromobility device on audible signal and shall not increase the speed of his micromobility device until completely passed by the overtaking micromobility device. 3) The operator of a motor vehicle, when overtaking and passing a micromobility device proceeding in the same direction on thedevice roadway, shallless of not leavethan a safe distance three ( between the 3') feet and shall motor vehicle and the micromobility maintain the clearance until safely past the overtaken micromobility device. 11. 14. 05 Application for Permits. a) It shall be unlawful for any person or entity to operate a micromobility device, or dockless small vehicle system business without first having obtained City business tax receipt. b) The operator must submit the following items for review with their business tax receipt application submittal: 1) Images and description of micromobility device and mobile application; 2) Business partner program that demonstrates the operator, prior to deployment, has devices established agreements with businesses or entities who want the micromobility  to be available for accessing their business, either by employees who park remotely, customers, or others that need to access these properties; 3) Size of fleet at launch, quantified by number of vehicles deployed; 4) Service area at launch; 5) Plan for educating users on proper micromobility device parking; 6) Plan for complying with this ordinance and its requirements; and 7) A certificate of insurance pursuant to Section 11. 14. 06. c) All business tax receipts issued shall expire at the end of the pilot period unless the program 4c) The City shall consider issuance ofbusiness tax receipts based upon the City population. 1) The maximum number of business tax receipts approved for a micromobility device, or dockless small vehicle system operator in the City shall not exceed one( 1) for every ten thousand ( 10, 000) residents, as certified in the most recent census or periodic demographic studies recognized by the City, including the Bureau of Economic and Business Research ( BEBR) Florida Estimates of Population. For example: Residents Indicated Business Tax Receipts 0- 10, 000 1 20, 000 2 10, 001- 20, 001- 30, 000 3 40, 000 4 30, 001- 40, 001- 50, 000 5 50, 001- 60, 000 6 60, 001- 70, 000 7 70, 001- 80, 000 8 11. 14. 06 Safety Regulations. a) To be eligible for a business tax receipt, the following standards must be met: 1) All electric scooters used by 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 fully operable pedals nor wheels of twenty ( 20") inches or 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 motor-powered speed of less than fifteen ( 15) miles per hour when operated by a rider weighing one hundred seventy ( 170) pounds. If it is determined that any battery or motor on a scooter is unsafe for public use, the City reserves the right to terminate the permit issued for the small vehicle. 2) Other safety standards as they become enacted or adopted. 3) Micromobility devices must have always-onfeetfront and back lights that are visible from under normal atmospheric conditions at a distance of at least three hundred ( 300') night. Front and rear lights must stay illuminated for at least ninety ( 90) seconds after the vehicle has stopped.  permanent 4) All micromobility devices must have, and clearly display, a unique, identification number that is provided to the city. 5) All micromobility devices must be inspected, maintained, and/ or replaced on a mutually agreed- upon schedule with the City. 6) Operators must have the ability to remotely lock-down individual micromobility devices e. g. when they are deemed/reported unsafe). b) All operators permitted pursuant to this program shall provide a mechanism for users to notify the operator of any safety or maintenance issues with the micromobility devices. c) All operators shall provide visible language that notifies the user: 1) That a micromobility device shall not be operated in a way that violates federal, state, or local law. 2) That a micromobility device may