Fort Walton Beach Ordinance — 2204-Amending Sections Related to Micromobility Devices — reading text

s A" y' DINATP 30 LFn_ d_ ORDINANCE 2204 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; AMENDING SECTION 11. 14. 01 TO ADD ADDITIONAL DEFINITIONS, RETITLING SECTION 11. 14. 02 TO OPERATIONS, AND AMENDING IT IN ITS ENTIRETY, RETITLING SECTION 11. 14. 03 TO PARKING, AND AMENDING IT IN ITS ENTIRETY, RETITLING SECTION 11. 14.04 TO PENALTIES, AND AMENDING IT IN ITS ENTIRETY, AMENDING SECTION 11. 14. 05 TITLED APPLICATION FOR PERMITS, AMENDING SECTION 11. 14. 06 TITLED SAFETY REGULATIONS, DELETING SECTION 11. 14. 07 AND RENUMBERING SECTION 11. 14.09 TITLED OPERATIONS OF DOCKLESS SMALL VEHICLE SHARE SYSTEMS TO SECTION 11. 14. 07, DELETING SECTION 11. 14. 08 AND RENUMBERING SECTION 11. 14. 10 TITLED DATA SHARING TO SECTION 11. 14. 08 AND AMENDING SAID SECTION 11, DELETING SECTION 11. 14. 09 AND RENUMBERING SECTION 11. 14. 11 TITLED NUMBER OF SMALL VEHICLES ALLOWED TO SECTION 11. 14. 10, AND DELETING SECTIONS 11. 14. 12, 11. 14. 13, AND 11. 14. 14 IN THEIR ENTIRETY; AND PROVIDING FOR ENFORCEMENT, SEVERABILITY, CONFLICTS, CODIFICATIONS, AND AN EFFECTIVE DATE. SECTION 1: AUTHORITY. The authority for enactment of this Ordinance is Section 166. 021, Florida Statutes, and the City Charter. SECTION 2. FINDINGS OF FACT. WHEREAS, the public has a growing interest in using personal micromobility devices, including electric bicycles and motorized scooters for transportation and recreational purposes; and WHEREAS, the City of Fort Walton Beach City Council supports the safe use of low- cost, energy- efficient micromobility devices on City roads and rights-of-way; and WHEREAS, section 316. 2128( 1), Florida Statutes grants micromobility device and motorized scooter operators, " all of the rights and duties applicable to the rider of a bicycle," including the right to operate motorized scooters on sidewalks, streets, and trails; and WHEREAS, sections 316. 2128 and 316.20655, Florida Statutes, regulate micromobility devices and authorize the City, under certain circumstances, to adopt an ordinance governing the operation of micromobility devices on streets, highways, sidewalks, and sidewalk areas under the City' s jurisdiction; and WHEREAS, section 316. 2128( 1), Florida Statutes, further allows local governments to 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  NOW, THEREFORE, be it ordained by the City Council of the City of Fort Walton Beach, Florida as follows: SECTION 3. RECITALS. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a part of this Ordinance. SECTION 4. CODE OF ORDINANCES. Chapter 11. 14, of The Code of Ordinances of the City of Fort Walton Beach is hereby amended to read as follows with additions underlined and deletions stmek flife igh: 11. 14. 01. — Defmitions. mip WMI ON I INS 7 T. - - MIPMEM MMM - A- TheThe followingfollowing definitionsdefinitions shallshall applyapply throughoutthroughout thisthis chapter:chapter: BicycleBicycle meansmeans everyevery vehiclevehicle propelledpropelled solelysolely byby humanhuman power,power, havinghaving twotwo tandemtandem wheels,wheels, andand includingincluding anyany deviceedevicee yy recognizedrecognized asas aa big,big, clecle thoughthough equippedequipped withwith twotwo ( ( F.F. S.S. frontfront oror twotwo rearrear wheels.wheels. TheThe termterm doesdoes notnot includeinclude aa scooterscooter oror similarsimilar device.device. 316.316. 003003 BicycleBicycle LaneLane meansmeans aa portionportion ofof aa roadwayroadway designateddesignated forfor thethe preferentialpreferential oror exclusiveexclusive useuse ofof bicyclesbicycles andand designateddesignated byby aa bicyclebicycle symbolsymbol pavementpavement markingmarking andand sipagesipage inin accordance accordance withwith FloridaFlorida DepartmentDepartment ofof TransportationTransportation andand standardsstandards andand thethe ManualManual ofof UniformUniform TrafficTraffic ControlControl Devices.Devices. ( ( F.F. S.S.§ § 316.316. 003003 ( ( 5)}5)} MC2cle MC2cle PathPath meansmeans ggyggy roadpath,roadpath, oror wawa thatthat isis openopen toto bicyclebicycle traveltravel whichwhich roadroad path,path, oror wayway isis physically physically separated separated fromfrom motorizedmotorized vehicular vehicular traffictraffic byby anan openopen spacespace oror byby aa barrierbarrier andand isis locatedlocated eithereither withinwithin aa publicpublic oror publiclypublicly accessibleaccessible right-right- of-of-wayway oror withinwithin anan ( ( F.F. S.S.§ § 316.316. 003(003( 6))6)) independent independent right-right- of-of- way.way. BusinessBusiness OperatorOperator meansmeans thethe businessbusiness operatingoperating micromobili!micromobili! yy devicedevice rentalsrentals withinwithin thethe City.City.  Dockless small vehicle system ors stem means 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. Electric Bicycle or E -Bike means a bicycle or tricycle equipped with fully operable pedals, a seat or saddle for the use of the rider, and an electric motor. This term includes devices defined as electric bicycles pursuant to section 316.003( 23), Florida Statutes, as may be amended. However, this term does not include " wheelchairs" or " other power -driven mobility devices" as defined under the ADA, 28 CFR s. 35. 104, as may be amended. Micromobift Device means motorized scooters and electric bicycles as defined herein and shall include any motorized transportation device which is incapable of traveling at speeds eater than twenty ( 20) miles per hour on level ground. This term shall also include those devices defined in section 316. 003 41 Florida Statutes as may be amended. However, this term does not include " wheelchairs" or " other power -driven mobility devices" as defined under the ADA, 28 CFR -&35. 104, as may be amended. Motorized Scooter or E -Scooters means any vehicle or micromobility device, other than an electric bicycle, that is powered by a motor with or without a seat or saddle for the use of the rider, which is designed to travel on not more than three wheels_ and which is not capable of propelling the vehicle at a speed greater than twenty ( 20) miles per hour on level ground. This term includes those devices defined as motorized scooters pursuant to section 316. 003( 48 Florida Statutes, as may be amended. However, this term does not include " wheelchairs" or other ower -driven mobility devices" as defined under the ADA 28 CFR s. 35. 104 as mgy be amended. Operator means my person ridin& driving, or otherwise in actual physical control of a micromobility device. Pedestrian means any person afoot. (F. S. § 316. 003( 57)) Right -Of Way -- means land devoted to or required for use as a roadway, sidewalk, or other associated feature, and includes, without limitation: all existing or dedicated road rights -of waw - and all 12roposed dedications of road rights- of- jghts-of-way wayset forth on official grading and drainage plans approved pursuant to tentative plats. Sidewalk means that portion of a right-of-way between the curbline, or the lateral line, of a roadway and the adjacent property lines, intended for use by pedestrians. ( F. S..§ 316. 003( 82) User means a person who rents and uses a micromobility device from a business operator.  11. 14. 02 Operations. a Operators of micromobility devices shall comply. with all Lapplicable State and City laws, rules, and regulations as may be applicable to such devices. b) Operators of an E -Bike, E -Scooter, or other micromobility device, who are 18 years of age or younger, must wear, at a minimum a bic cle helmet that is propprly fitted and is fastened securely upon the operator' s head by a strap and that meets the federal safety standards for bicycle helmets, final rule, 16 C.F.R. part 1203. c) It shall be unlawful for any person to operate any E -Bike, E -Scooter, or other micromobility device in a careless manner. Careless operations of an E -Bike, E -Scooter, or other micromobili1y device shall include but is not limited to: OZ Operation of an E -Bike, E -Scooter, or other micromobility device with more than one person on the micromobility device, unless such micromobility device is specifically designed to carry more than one person, or Operation of an E -Bike, E -Scooter, or other micromobility device while simultaneously using a cellphone, wearing earbuds or similar devices not used to aid in hearin • or Operation of an E -Bike, E -Scooter, or other micromobility device at aspeed greater than is reasonable and prudent under the conditions, having regard to the actual and potential hazards then existing including, but not limited to; or ( 1) the safety of the operator or any other person or property; or ( 2) Failing to yield to pedestrians, or ( 3) Weaving in and out of pedestrian or vehicular traffic: or ( 4) Any occurrence where inadvertence to the safe and normal operational procedures of the E -Bike, E -Scooter, or other micromobility device causes or is likely to cause damage to anv person or property: or ( 5) operations greater than 15 MPH on a sidewalk is considered unsafe. d) An operator of an E -Bike, E -Scooter, or other micromobility device shall yield the right-of-way to pedestrians and shall deliver an audible signal before overtaking and passing a pedestrian. e) An operator of an E -Bike. E -Scooter, or other micromobility device shall take such precautions as may be necessary -to avoid an accident or collision with a person or property_.  f) E -Bikes, E -Scooters, and other micromobility devices are permitted to operate