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HomeMy WebLinkAboutItem 10 Approval of Resolution Establishing Fines for Micromobility Violations City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: August 4, 2026 Item #: 10 Contact Name: Vincent Ogburn Department Director: Vincent Ogburn Contact Number: Ext. 3038 City Manager: Craig Shadrix Subject: Approval of Resolution Establishing Fines for Micromobility Violations. (Police Chief Ogburn) Background Summary: On July 7, 2026, the City Commission adopted Resolution No. 2026-09, creating Chapter 153, Article V, Section 153-40 of the City Code to regulate and govern the operation of electric bicycles, electric scooters, and other micromobility devices. The Code authorizes enforcement through warning notices, civil citations, noncriminal traffic citations when authorized by law, impoundment when authorized by law, and any other lawful enforcement mechanism available to the city. Staff is requesting the City Commission to amend the current fine and fee schedule to provide fines for violation of Chapter 153, Article V, Section 153-40 of the City Code. The fines requested for the enforcement of Chapter 153 - Streets and Sidewalks, Article V, Electric Bicycles, Electric Scooters, and Micromobility Devices are: Fee Type Current Fees Proposed Fees First Offense $0 $15 Second Offense $0 $30 Issue: Should the Honorable Mayor and City Commission approve the proposed resolution to adopt the fines for the enforcement of Chapter 153, Article V, Section 153-40 of the City Code? Recommendations: Staff recommends that the Honorable Mayor and City Commission approve the proposed resolution to adopt the fines for the enforcement of Chapter 153, Article V, Section 153-40 of the City Code. City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org Attachments: 1. Resolution Establishing Fines for Micromobility Violations Financial Impacts: None Type of Item: Consent RESOLUTION NO. 2026- A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, AMENDING THE FINE AND FEE SCHEDULE OF THE CITY OF OCOEE TO INCLUDE FINES FOR VIOLATIONS OF CHAPTER 153, ARTICLE V, CITY CODE, REGULATING ELECTRIC BICYCLES, ELECTRIC SCOOTERS, AND OTHER MICROMOBILITY DEVICES; PROVIDING FOR SEVERABILITY; PREVAILING IN THE EVENT OF ANY CONFLICT OR INCONSISTENCY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 1, 2018, the City Commission of the City of Ocoee, Florida (the "City Commission") adopted Ordinance No. 2018-018, amending Chapter 16, relating to violations, to allow for enforcement by a Special Magistrate; and WHEREAS, on May 1, 2018, the City Commission adopted Resolution No. 2018-010 to establish the City of Ocoee Ordinance Violation Fine and Fee Schedule for violations of the City Code pursuant to Ordinance No. 2018-018; and WHEREAS, on July 7, 2026, the City Commission adopted Ordinance No. 2026-09, creating Chapter 153, Article V, Section 153-40 of the City Code to regulate and govern the operation of electric bicycles, electric scooters, and other micromobility devices; and WHEREAS, Section 153-40 of the City Code authorizes enforcement through warning notices, civil citations, noncriminal traffic citations when authorized by law, impoundment when authorized by law, and any other lawful enforcement mechanism available to the City; and WHEREAS, the City Commission intends to amend the City of Ocoee Ordinance Fine and Fee Schedule to provide fines for violations of Chapter 153, Article V, Section 153-40 of the City Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION ONE. Authority. The City Commission of the City of Ocoee has the authority to adopt this Resolution pursuant to its Home Rule powers in Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes, and section 316.2128, Florida Statutes and section 316.008, Florida Statutes. SECTION TWO. Amending Fine and Fee Schedule. The City Commission of the City of Ocoee, Florida, hereby amends and adopts the City of Ocoee Ordinance Violation Fine and Fee Schedule, for violations of certain provisions of the Code of Ordinances as provided in EXHIBIT A, attached hereto and by this reference made a part hereof. SECTION THREE. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION FOUR. Conflicts and Inconsistencies. In the event of any conflict or inconsistency with any prior Resolution, this Resolution shall be deemed to prevail to the extent of such conflict or inconsistency. SECTION FIVE. Effective Date. This Resolution shall become effective immediately upon passage and adoption. 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 EXHIBIT A CITY OF OCOEE ORDINANCE VIOLATION FINE AND FEE SCHEDULE Ordinance Fine/Fee Chapter 48 - Boats and Boating, Article 111, Bow Fishing $100.00 Chapter 61 - Cemeteries First Offense $50.00 Second and Subsequent Offense $100.00 (second and subsequent offense within I? months of date of last offense) Chapter 75 - Nuisance False Alarm Response Fee Fourth and Subsequent Offense (fourth and subsequent false alarms within a six-month period, calculated from the date of the first false alarm) $100.00 Chapter 113 - Noise - Loud, Unnecessary or Disturbing First Offense $50.00 Second and Subsequent Offense $100.00 (second and subsequent offense within 12 months of date of last offense) Chapter 124 - Parks, Recreation, and Other Community Facilities First Offense $50.00 Second and Subsequent Offense $100.00 (second and subsequent offense within 12 months of date of last offense) Chapter 153-4C - Streets and Sidewalks, Prohibitions (Human Signage) $100.00 Chapter 153 - Streets and Sidewalks, Article Ill, Golf Carts on Public Streets $100.00 Chapter 153 - Streets and Sidewalks, Article V, Electric Bicycles, Electric Scooters, and Micromobility Devices $15.00 First Offense $30.00 Second and Subsequent Offense Chapter 164 - Registration, Maintenance, and Security of Abandoned Real Property Registration $200.00 Failure to Register $500.00 Chapter 168 - Vehicle and Traffic Parking $40.00 No Disabled/Handicap Sticker/Placard Permit $250.00 Chapter 176 - Fertilizer Management, Grass Clippings and Vegetative Material/Debris, and Pet Waste First Violation Written Notice (Residential) Written Notice (Commercial) Second Violation $50.00 (Residential) $500.00 (Commercial) Third and Subsequent Violations $ I 00.00 (Residential) $750.00 (Commercial) Chapter I 80, Article V, Section 5-20 - Dog Friendly Restaurants No Permit First Offense Second Offense Third and Subsequent Offenses Written Warning $250.00 $500.00 (per offense) After Permit is Acquired - Failure to Follow General Requirements Stated in Section 5-20 (Fines are assessed per offense; an offense is committed for each requirement not met) First Offense Second Offense Third Offense $50.00 (per offense) $ I 00.00 (per offense) Permit Revocation Administrative Fee (including filing fee) $50.00