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HomeMy WebLinkAbout2026-09 - Ordinance Amending Chapter 153 of the City Code - Regulating Micromobility VehiclesORDINANCE 2026-09 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 316.2065, 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: 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 Micromobilitv 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 perable 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 2 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 propertyoperated or maintained by the CAL (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 3 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 exceedingten (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 micromobili 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 4 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 safe . R 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 damageturf 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 Cit,Y. (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 proper Page 5 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 rovisions 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 6 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 7 of 8 PASSED AND ADOPTED this day of --,2026. ATTEST: well am*] W.-I 9 111 *a 019 F.1 ON ro PrTM-1 IOYT&P 7VIVY -1 tk this — day of V t 2026. By: Zich6Vard S. Geller, City Attorney Rusty Johnson, jula U of MX" pla 1xv I UplumIll Nff..I=