Discussion regarding the recent micromobility state legislation and enforcement of the Town's current ordinance. Sponsored by Mayor Isaac Salver

2128, Florida Statutes, gives motorized scooters and micromobility devices all of the rights and duties applicable to the rider of a bicycle; and WHEREAS,

2128, Florida Statutes, allows for local governments to regulate by ordinances the operation of micromobility and motorized scooters on streets, highways, sidewalks, and sidewalk areas within the local government’s jurisdiction; and WHEREAS, the Town Council of the Town of Bay Harbor Islands, wish to establish Sections 18-10, “Regulation of bicycles, motorized, and other similar devices (excluding bridges)”, 18-12, “Requirement for Operators Under Sixteen (16) Years Old”, 18-13 “Enforcement’, 18-14 ,"Schedule of civil penalties”, and 18-15 “Appeals” in Chapter 18 Streets and Sidewalks, to improve the safety for both residential and tourist micromobility users, protect pedestrians and cyclists, ensure vehicle access, regulate micromobility providers, and reduce the risk of micromobility vehicles becoming a nuisance within the Town; and WHEREAS, the Town Council of the Town of Bay Harbor Islands, periodically reviews the Town's Code of Ordinances to ensure that the Code meet the needs of the Town;

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. . Non-motorized devices: Rely on human propulsion for movement, like bicycles, skateboards, scooters, or other similar devices. Pedestrian: Any person on foot. Public right-of-way or right-of-way: any public street, highway, sideway, parkway. alley. or public parking lot. k. Rider or operator: A person riding, driving, or otherwise operating a motorized or non-motorized device. I. Roadway: That portion of a highway improved. designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. If a highway includes two or more separate roadways, the term “roadway” refers to any such roadway separately. but not to all such roadways collectively. 2. Rules and regulations for motorized and/or non-motorized devices (excluding bridges). This section supplements the general traffic laws of the State of Florida, with the aim of governing the operation of bicycles, electric bicycles. skateboards, hover boards, scooters, electric scooters, shared mobility devices, and similar modes of transportation (motorized or non-motorized). It emphasizes safety and well-being for all users of public rights-of-way. This section shall not be construed to regulate “wheelchairs” or “other power-driven mobility devices” as defined under the Americans with Disabilities Act (ADA). 28 CFR § 35.104, as may be amended. a. Riders of motorized and non-motorized devices shall comply with all applicable state, County and Town traffic laws, rules, and regulations as may be applicable to such devices. b. Riders of motorized and non-motorized devices may be ticketed for traffic violations, as applicable, in the same manner as motor vehicles. c. The operation of motorized and non-motorized devices on public sidewalks or walkways must vield the right-of-way to all pedestrians. All motorized and non-motorized devices within the town are limited to a maximum speed of 15 miles per hour on the public sidewalks. Devices capable of exceeding this speed limit are prohibited from being used on sidewalks. d. Motorized and non-motorized devices are allowed to operate within bike lanes, if available, on shared use paths, designated by the town, upon streets or other areas as authorized by the town manager. All devices are required to go with the flow of traffic. e. Ridership of more than one (1) person on any bicycle and motorized device is prohibited, unless such micromobility device is specifically designed to carry more than one person. f. Itis prohibited for a rider or riders to sit where feet are supposed to be placed. unless such micromobility device is specifically designed with a seat. g. All bicycle and motorized devices must comply with the lighting standards set forth in

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. h. In addition to town code, bicycles and motorized devices are subject to all state laws pertaining to micromobility devices, motorized scooters, or electric bicycles, as applicable, and as may be amended. Sec. 18-11. - Bicycle, Motorized and Non-Motorized devices parking. a) Purpose. The purpose of this section is to restrict interference with the flow of pedestrian and vehicular traffic and to ensure the safety of all persons traversing sidewalks, streets, rights-of-way, and public property in the town. Motorized devices are those powered by a motor or engine. such as electric scooters, hover board electric bicycles, electric skateboards, and other similar devices. b) Bicycle Motorized and/or non-motorized devices parking. All bicycles, skateboards, scooters, and other similar devices (motorized and/or non- motorized) when parked within the town, shall be parked in areas or zones designated and marked by the town for such purpose or otherwise by agreement between the town and the bieyele device owner, unless parked within private property by the property owner or with the consent of the property owner. 1) Motorized or non-motorized devices shall not be parked upon any public right-of-way (street, alley and/or sidewalk), except in a location designated for such parking. 2) Motorized or non-motorized devices shall not be parked in a manner that obstructs the ingress or egress from any park or parking location. 3) Motorized or non-motorized devices shall not be parked in a manner that prevents any right-of-way from maintaining at least 3 feet of walkway clearance. c) Removal of bicycles, motorized or non-motorized devices improperly parked. Law enforcement officers or public service aids are hereby authorized to remove bicycles improperly parked and bring them to an impoundment area, such other place of safety, or to an area designated or maintained by the town for bicycles. Abandoned and lost bicycles shall be administered pursuant to Chapter 705, Florida Statutes. d) Charges to be paid before property released from impoundment. No property retained in an impoundment area as herein provided shall be released therefrom until the charges for notice, transportation of such property into an impoundment area, and storage charges have been paid. Such charges shall be fixed by resolution based upon a computation of all actual expenses entered into the notice, removal, and storage of the same. Such charge or charges shall be available for public inspection in the office of the tewn-slerk Bay Harbor Islands Police department. Sec. 18-12- Reserved Requirement for Operators Under Sixteen (16) Years Old. Any person under the age of sixteen (16) years old shall operate a motorized and/or non-motorized device must wear a helmet that is properly fitted and is fastened securely upon the operator’s head by a strap and that meets the federal safety standard for bicycle helmets, final rule, 16 C.F.R. part 1203 as provided in

2065, Florida Statutes. It is unlawful for the parents, legal guardian, or custodian of a minor child to knowingly permit the child to violate any provision of this section. a) The offense maybe be issued to the parents, legal guardian, or custodian of a minor child. All devices will be impounded and will require a pickup from the parents, legal guardian, or custodian of a minor child to claim the device. Sec. 18-13- Reserved Enforcement. A violation of this section shall be a traffic infraction and is punishable by any allowable fine or action applicable under Florida law. The police department will enforce all violations related to the use of bicycles, skateboards, scooters, and similar devices (whether motorized or non-motorized). a) Bay Harbor Police department and public service aids may issue a bicycle motorized, and non-motorized device safety brochure and a verbal warning to a bicycle or motorized rider or passenger who violates this subsection. b) Any person violating a provision of this chapter shall be subject to the penalties and remedies provided. c) Each violation, and each day, or portion thereof, that a violation of this section exists shall constitute a separate offense. Sec. 18-14- Reserved Schedule of civil penalties. The following table shows the sections of this Code, as they may be amended from time to time, which may be enforced pursuant to the provisions of this chapter; and the dollar amount of civil penalty for the violation of these sections as they may be amended. a) Penalties Code section | Description of violation Civil penalty The riding of bicycles and First offense: $50.00 Sec. 18-9 motorized devices in a prohibited area. Second offense: o Town bridges sidewalk $100.00 « Construction site e Riding into oncoming traffic Third or subsequent offense: $250.00. plus impound fee. First offense: $500.00 Second or subsequent offense: $1.000.00 plus impound fee.

027, Florida Statutes: The fee will determined by Law enforcements Ridership of more than one (1) First offense: $50.00 Sec. 18- person on any bicycle and 10(2)(e) motorized Second or device. | subsequent offense: ) $100.00 Any person under the age of First offense: $50.00 Sec. 18-12 sixteen (16) years old operating a motorized and/or non-motorized Second or device without a helmet. subsequent offense: $100.00. plus impound fee Operating a bicycle and motorized | First offense: A Sec. 18- device without lighting standards. | warning citation 10(2)(q) Second or subsequent offense: 50.00, plus impound fee Sec. 18-12(a) Impound of motorized and/or motorized per devices. First offense: $25.00 Second or subsequent offense: $50.00 plus $10.00 per day Sec. 18-15- Reserved Appeals. 1. Aviolator who has been served with a notice shall elect either to: a. Pay the civil penalty in the manner and within the time indicated on the notice; or b. Request an administrative hearing before the special magistrate to appeal the decision of the Law enforcement officer which resulted in the issuance of the fine. 2. An appeal of the notice shall be accomplished by filing a request in writing to the address indicated on the notice, not later than forty-five (45) calendar days after the date of service of the notice. 3. If the named violator, after notice, fails to pay the civil penalty or to timely request an administrative hearing before the special magistrate, the special magistrate shall be informed of such failure by report from the law enforcement officer in the form of an affidavit. Failure of the violator to appeal the decision of the law enforcement officer within the prescribed time period shall constitute a waiver of the violator's right to administrative hearing before the special magistrate. A waiver of the right to administrative hearing shall be treated as an admission of the violation, and penalties may be assessed accordingly. Secs. 18-126 —18-20. - Reserved. 10