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HomeMy WebLinkAboutItem 11 First Reading of an Ordinance Regulating Micromobility Vehicles City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: June 16, 2026 Item #: 11 Contact Name: Scott Nylander Department Director: Vincent Ogburn Contact Number: Ext. 3315 City Manager: Craig Shadrix Subject: First Reading of an Ordinance Regulating Micromobility Vehicles. (Police Chief Ogburn) Background Summary: Micromobility vehicles (such as e-bikes, e-scooters, and motorized skateboards) have rapidly risen in popularity across Central Florida. A micromobility ordinance will enable the City of Ocoee to establish a clear legal framework to manage the rapid rise of micromobility devices on its public streets and walkways. By passing local regulations, the city can cap riding speeds, mandate safety gear, address growing safety hazards, clarify enforcement laws, manage public spaces effectively, and reduce the number of severe crashes and trauma related injuries. Furthermore, enacting this ordinance aligns Ocoee with neighboring communities by empowering local law enforcement to regulate micromobility vehicles and enhance public safety. Issue: Should the Honorable Mayor and City Commission approve the proposed ordinance regulating micromobility vehicles? Recommendations: Staff recommends the Honorable Mayor and City Commission approve the proposed ordinance regulating micromobility vehicles. Attachments: 1. Ordinance Regulating Electric Bikes Micromobility Devices 2. Business Impact Estimate - Micromobility Ordinance Financial Impacts: There is no fiscal impact to the City of Ocoee. Type of Item: First Reading ORDINANCE 2026- AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING CHAPTER 153 OF THE CITY CODE (“STREETS AND SIDEWALKS”) TO ESTABLISH A NEW ARTICLE V TO REGULATE AND GOVERN THE OPERATION OF ELECTRIC BICYCLES, ELECTRIC SCOOTERS, AND OTHER MICROMOBILITY DEVICES; PROVIDING DEFINITIONS; ESTABLISHING OPERATIONAL REQUIREMENTS AND RESTRICTIONS; ESTABLISHING SIDEWALK, STREET, PARK, AND PUBLIC PROPERTY REGULATIONS; PROHIBITING RECKLESS OPERATION AND STUNTS; PROVIDING FOR ENFORCEMENT, PENALTIES, SEVERABILITY, CONFLICTS, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee recognizes the increasing use of electric bicycles, electric scooters, and other micromobility devices within the City; and WHEREAS, the City Commission finds that reasonable regulations are necessary to protect pedestrians, motorists, park property, and to provide for the public health, safety, and welfare; and WHEREAS, the City Commission desires to promote the safe and lawful operation of micromobility devices while maintaining consistency with applicable provisions of Florida law, including Chapter 316, Florida Statutes; and WHEREAS, Section 316.20655, Florida Statutes, states, “[T}his section may not be construed to prevent a local government, through the exercise of its powers under s. 316.008, from adopting an ordinance governing the operation of electric bicycles on streets, highways, sidewalks, and sidewalk areas under or within the local government’s jurisdiction [or] to prevent a municipality…having jurisdiction over the bicycle path, multiuse path, or trail network from restricting or prohibiting the operation of an electric bicycle on a bicycle path, multiuse path, or trail network….” and WHEREAS, the City Commission has full authority to regulate electric bicycles, electric scooters, and other micromobility devices under its Home Rule Powers in Article VIII, Section 2(b) of the Florida Constitution and Section 166.021, Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: Page 2 of 8 SECTION 1. AMENDING CHAPTER 153 OF THE CITY CODE TO CREATE A NEW ARTICLE V, SECTION 153-40. Chapter 153 of the City of Ocoee Code of Ordinances (“Streets and Sidewalks”) is hereby amended to create a new Article V to read as follows (underlined words constitute additions): §§ 153-34 -- 153-39. - Reserved ARTICLE V – Electric Bicycles, Electric Scooters, and Micromobility Devices § 153-40 – Regulation of Electric Bicycles, Electric Scooters and Micromobility Devices A. Purpose and Intent. The purpose of this section is to regulate the operation of electric bicycles, electric scooters, and other micromobility devices to: (1) Promote safe interaction between pedestrians, bicyclists, motorists, and micromobility users; (2) Prevent and reduce injuries and fatalities; (3) Protect public parks, sidewalks, streets, and other public infrastructure from damage; (4) Prohibit reckless operation and reduce hazardous and nuisance behaviors; and (5) Maintain consistency with applicable Florida law. B. Definitions. For purposes of this section, the following terms shall have the meanings provided below: (1) Electric Bicycle (E-Bike). Any bicycle equipped with fully operable pedals, an electric motor of less than seven hundred fifty (750) watts or less motor, and meeting the classifications established under Section 316.003, Florida Statutes. (2) Electric Scooter. A device weighing less than seventy-five (75) pounds that has handlebars, a floorboard designed to stand upon while riding, and is powered by an electric motor, including devices defined under Section 316.2128, Florida Statutes. (3) Micromobility Device. Page 3 of 8 Any electric bicycle, electric scooter, motorized skateboard, self-balancing device, one-wheel electric device, or similar small-wheeled transportation device designed for individual transportation. (4) Sidewalk. That portion of a right-of-way or street between the curbline or lateral line of a roadway and the adjacent property line intended for use primarily by pedestrians. (5) Public Park. Any public park, recreational facility, trail, athletic field, playground, open green space, or other publicly owned recreational property operated or maintained by the City. (6) Reckless Operation. Operation of a micromobility device with willful or wanton disregard for the safety of persons or property. Reckless operation includes operation in a manner that endangers or is likely to endanger persons or property, including excessive speed, abrupt maneuvers, stunts, or the failure to yield. C. General Operating Requirements. (1) Compliance with State Law. Operators of electric bicycles, electric scooters, and micromobility devices shall comply with all applicable provisions of Chapter 316, Florida Statutes, governing bicycles and vehicles unless otherwise specifically exempted by law. (2) Careless or Reckless Operation Prohibited. No person shall operate an electric bicycle, electric scooter, or micromobility device in a careless, reckless, negligent, or unsafe manner. (3) Limitation on the Number of Riders. No electric bicycle, electric scooter, or micromobility device shall carry more persons than it is designed to accommodate. (4) Audible Warning. Operators shall provide an audible warning prior to overtaking or passing pedestrians on a sidewalks, multi-use path, or trail network. (5) Lighting. Page 4 of 8 Micromobility devices operating between sunset and sunrise must be equipped with a front white lamp, a red rear light, and rear reflector that complies with the requirements of section 316.2065(7), Florida Statutes. D. Sidewalk and Shared-Use Path Operation. (1) Yield to Pedestrians. Operators using sidewalks, multi-use paths, or trail networks, shall always yield the right-of-way to all pedestrians. (2) Safe Speed Required. No micromobility device shall be operated on a sidewalk or shared-use path at a speed greater than is reasonable and prudent under existing conditions and not greater than 10 miles per hour if within 50 feet of a pedestrian. (3) Maximum Sidewalk Speed. No person shall operate a micromobility device on a sidewalk or shared-use path at a speed exceeding ten (10) miles per hour. (4) Congested Areas. In areas of high pedestrian activity, operators shall reduce speed to avoid endangering pedestrians and shall dismount when necessary for public safety. (5) Pedestrian Priority. Pedestrians shall have priority on all sidewalks and shared -use paths. Operators shall maintain control of the device and maintain a safe separation distance from pedestrians. E. Street and Roadway Operation. (1) Compliance with Bicycle Rules. No person shall operate an electric bicycle, electric scooter, or other micromobility device upon a public roadway except in compliance with all laws and regulations applicable to bicycles under Chapter 316, Florida Statutes. (2) Direction of Travel. Micromobility devices operated on streets shall travel in the same direction as vehicular traffic. (3) Traffic Control Devices. Operators shall obey all traffic control devices, signs, and signals. Page 5 of 8 (4) Prohibited Streets. The City Manager or their designee may prohibit or restrict micromobility device operation on designated roadways or corridors when deemed necessary for public safety. F. Parks and Public Property. (1) Damage to Grass or Landscaping Prohibited. No person shall operate a micromobility device in any landscaped area, athletic field, or grass area in a manner that damages or is likely to damage turf, landscaping, irrigation systems, or other public property. (2) Off-Path Operation Restricted. Micromobility devices shall remain on designated paved surfaces, trails, or authorized paths within public parks unless otherwise authorized by the City. (3) Wet or Sensitive Areas. Operation through muddy, saturated, newly seeded, or environmentally sensitive areas within public parks is prohibited. (4) Event Restrictions. The City may temporarily restrict or prohibit micromobility device use within parks or public property during special events, maintenance operations, or emergency conditions. G. Prohibited Acts. No person shall: (1) Stunt Riding. Operate a micromobility device while performing stunts, tricks, or acrobatic maneuvers upon public streets, sidewalks, parks, parking lots, or other public property. (2) Wheelies. Operate a micromobility device while intentionally lifting one or more wheels off the ground for an extended distance or period of time, commonly known as a “wheelie,” in any public area or right-of-way. (3) Racing. Engage in racing, speed contests, or exhibition riding upon public property. Page 6 of 8 (4) Towing. Attach a micromobility device to any moving motor vehicle except that an electric bicycle may be transported on a motor vehicle on a bicycle rack designed for such purpose. (5) Obstruction. Park or leave a micromobility device in a manner that obstructs sidewalks, driveways, ramps, crosswalks, entrances, or accessibility features. (6) Use While Impaired. Operate a micromobility device under the influence of alcohol or controlled substances to the extent that normal faculties are impaired. (7) Operation on Environmentally Sensitive and Private Property. Operation through muddy, saturated, newly seeded, or environmentally sensitive areas, and signed prohibited areas of private property. Damaging private property by careless or reckless operation. H. Minors and Safety Equipment. (1) Helmet Use. Helmet use shall comply with applicable provisions of Florida law. Helmets are required for all persons under 16 years of age while operating an electric bike, electric scooter or micromobility device. (2) Parent or Guardian Responsibility. A parent or legal guardian shall not knowingly permit a minor to violate the provisions of this section. I. Enforcement. (1) Enforcement Authority. The Ocoee Police Department, Code Enforcement Officers, or any authorized enforcement official of the City may enforce the provisions of this section. (2) Violations. Violations of this section may be enforced through: a. Warning notices; b. Civil citations; Page 7 of 8 c. Noncriminal traffic citations when authorized by law; d. Impoundment of micromobility devices when authorized by law; and/or e. Any other lawful enforcement mechanism available to the City. (3) Continuing Violations. Each separate occurrence violating the provisions of this section shall constitute a separate offense. J. Interpretation and Consistency with State Law. This section shall be interpreted consistently with applicable provisions of Florida law, including Chapter 316, Florida Statutes. In the event of a direct conflict between this section and state law, state law shall control. SECTION 2. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or provision of this Ordinance is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION 3. CODIFICATION. It is the intent of the City Commission that the provisions of this Ordinance shall become and be made a part of the City of Ocoee Code of Ordinances, and that the City Clerk is authorized to renumber or re-letter this Ordinance as appropriate to accomplish such intent. SECTION 4. CONFLICTS. This ordinance prevails in the event of any conflict with another ordinance or any part thereof. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption as provided by law. Page 8 of 8 PASSED AND ADOPTED this ____ day of ______________, 2026. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA _________________________________ Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) APPROVED BY THE OCOEE CITY COMMISSION ON ____________, 2026 UNDER AGENDA ITEM NO._________ FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this ___ day of _____________, 2026. FISHBACK DOMINICK By: ______________________________ Richard S. Geller, City Attorney 1 City of Ocoee Business Impact Estimate Proposed ordinance’s title/reference: This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1 See Section 166.041(4)(c), Florida Statutes. 2 1. Summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals and welfare): 2.An estimate of the direct economic impact of the proposed ordinance on private, for-profit businesses in the City of Ocoee, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur; (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible; and (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. 3.Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: 4. Additional information the governing body deems useful (if any):