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

on public sidewalks walkwa s. or trails. Micromobilily devices on a public sidewalk, paths, walkway, path, or trail shall be used in a reasonably rudent manner for the current conditions or environment. g) Micromobility devices may be operated within designated bike lanes of a roadway,if available, or if no bike lane is available, on the roadway, as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations: 1) When overtaking and passing another bicycle or vehicle proceediLig in the same direction. 2) When preparing for a left turn at an intersection or into a private road or driveway. 3) When reasonably neeessM to avoid any condition or potential conflict, including, but not limited to, a fixed or moving object, parked or moving vehicle, bicycle, pedestrian, animal, surface hazard, turn lane, or substandard -width lane, which makes it unsafe to continue along the right-hand curb or edge or within a bicycle lane. h When o eratin an E -bike E -scooters or other micromobility device on a roadway or sidewalk, when there are sidewalks are on both sides of the road, operators shall travel in the same direction as the flow of vehicular traffic. E -bikes E -Scooters or other micromobilit devices operated on roadways shall not be operated against the flow of vehicular traffic. i) An operator of an E -bike, E -Scooter, or other micromobility device must adhere to the same right-of-way laws and regulations as bicycles. At a si nalized intersection an operator of an E -bike E -scooter, or other micromobility device on a sidewalk walkway, path, or trail must obey the instructions of an a licable pedestrian control si al. If no pedestrian signal is provided, the operator may proceed in accordance with the signal indications for the parallel roadway traffic flow. k All E -Bike E -Scooter or other micromobilily devices shall comply with the lighting standards set forth in Section 316.2065( 7). Florida Statutes as may be amended, which requires a reflective front white light visible from a distance of at least 500 feet and a reflective rear red light visible from a distance of at least 600 feet. fl) E -Bike motors shall not be modified to allow for higher speed than the E -Bike is designed to attain. m E -Bikes E -Scooters or other micromobility devices may not be operated on private property without the express permission of the property owner.  It sha4l be un4awfiil __ nri any persen - te drive or- prop v ear-eless, indifferent or-r-eekless speed tl3,- Lot* h any pai-7k or-playgmund or- 10A of way in the eit- 11. 14. 03 Parkins. a) E -Bike, E -Scooter, or other micromobility devices shall be equipped with a kickstand and always parked upright. b A person shall not park an E -Bike E -Scooter, or other micromobili device: 1) in a manner that obstructs any ingress or egress from any building; or parking area, or in a manner that prevents any sidewalk, walkway, path, or trail from maintaining at least three 3 feet of walkway clearance,•or 2) in a manner that obstructs or interferes with pedestrian or vehicular traffic; or on an accessibility ramp. for Rersons with disabilities or gpny part thereof, or in an manner that would restrict the movement for persons with disabilities; or 3) within a motor vehicle parking space not designated for micromobility device use,• or 4) within fifteen 05 feet of gLny fire hydrant or in a manner that blocks any other emergency facility, or 5) on any public property, except in areas designated for micromobility device parking; or 6) on anYprivate property without the permission of the property owner. c A person ma not attach secure store or park an E -Bike E -Scooter, or other micromobility device to or upon public property in a manner that may cause injury or damage to any person or thiLig or in a manner that renders the public propeLfty unusable or impassable. E - Bikes, E -Scooters or other micromobilily devices may only be secured to facilities designed to secure and store these devices. d Excqpt as expressly allowed by the City Mana er or their designee, an E -Bike E- Scooter, or other micromobility device left unattended on public property, including in parks or rights-of-way, for 72 hours or more shall be deemed abandoned and subject to the provisions of section 11. 07 City Code of Ordinances which prohibits parking in excess of 72 hours. Iil- 1\ tel}} S!} SS. l 1S! 51 2) E+ 1, eveAaking and passing on the right is eFmi++0. 1 the rl,_.z eF ` 1i o deN4ee on audible signal and shall not inefease the speed of th bility deviee ufAil 3) The operator- yeh ele . 1.' 1' en oye1- akin iiotor— d passing....._.,_ e ebih4y deviee pr-eeeeding in the same direction on the i shall leave a safe d feet and sha4l maintain til elear- anee ,- safely ,last the evertake - mobi1i+ 1, aoc. 11. 14. 04 - Penalties. A violation of any Section of this Chapter shall be deemed a non -criminal infraction, subject to a maximum civil penalty of $500.00. 1) Upon a first offense, the violator shall be issued a written warning advising of the violationprovided, however, no civil penalty shall be assessed for a first offense. 2) Upon a second offense, or additional violations, the civil penalty will be as described in section 1. 06. 04 Cily Code of Ordinances. 11. 14. 05 Application for Permits. It shall be unlawful for any person or entity to operate a micromobility device a) business, or dockless small vehicle system business without first having obtained City business tax receipt. b) The business 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 business operator, prior to deployment, has established agreements with businesses or entities who want the micromobility devices 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.;;— ate c) The City shall consider issuance of business 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 10, 001- 20,000 2 20, 001- 30,000 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. 06 Safety Regulations. a) To be eligible for a business tax receipt, the following standards must be met: 1) All electric scooters used by business 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 -on front and back lights that are visible from a distance of at least three hundred ( 300) feet under normal atmospheric conditions at Front and rear lights must stay night. illuminated for at least ninety (90) seconds after the vehicle has stopped. 4) All micromobility devices must have, and clearly display, a unique, permanent 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