Ordinance No. 75-25-29ORDINANCE NO. 75-25-29
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, CREATING WITHIN CHAPTER 21, NEW
ARTICLE VIII, REGULATION OF BICYCLES, ELECTRIC BICYCLES,
AND PERSONAL MOBILITY DEVICES, OF THE CITY OF ATLANTIC
BEACH CODE OF ORDINANCES; PROVIDING FOR ADOPTION OF
SAID AMENDMENTS; PROVIDING FOR PURPOSE AND INTENT;
PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Chapter 21 of the Code of Ordinances for the City of Atlantic Beach
provides for the management of traffic and motor vehicles; and
WHEREAS, the City has determined that "creating a strong sense of belonging and
safety" is a City Priority; and
WHEREAS, the City has determined that it is necessary in the interest of public safety
to regulate the operation of bicycles, E -bicycles, and all other motorized devices being operated
in public spaces; and
WHEREAS, the City has determined that there is no existing municipal ordinance that
addresses the operation of bicycles, E -bicycles, and other motorized devices in the City of
Atlantic Beach; and
WHEREAS, the City has determined that the State of Florida has granted certain powers
to local municipalities to govern the operation of specific classes of vehicles as defined in
statute.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF
OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: WITHIN PART
II, CHAPTER 21; ARTICLE VIII. — REGULATION OF BICYCLES, ELECTRIC
BICYCLES, AND PERSONAL MOBILITY DEVICES OF THE CODE OF
ORDINANCES IS HEREBY CREATED AS FOLLOWS:
Article VIII. - Regulation of Bicycles, Electric bicycles, and Personal Mobility Devices
DIVISION 1 - IN GENERAL
Sec. 21-105. — For the purposes of this chapter, the following words and phrases shall have their
respective meanings ascribed to them within this section. Where applicable and appropriate to
the context, definitions and provisions refer to Florida Statutes and are used in conjunction
with these terms and the requirements of this chapter.
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Sec. 21-106. — Definitions
Bicycle shall be defined as in § 316.003 Florida Statutes, as amended from time to time.
Electric bicycle (electric bicycle) shall be defined as in § 316.003 Florida Statutes, as
amended from time to time.
Motorized shall mean anything powered by anything other than human muscular power.
Personal mobility devices shall mean motorized scooters, micromobility devices, electric
personal assistive mobility devices, or a transportation device other than a motor vehicle as
defined in Florida Statute 316.003.
Sidewalk and multi -use path shall mean that portion of a street between the curbline, or the
lateral line, of a roadway and the adjacent property lines, intended for use by pedestrians.
Sec. 21-107. - Operation on city property
(a) Riding bicycles, electric bicycles and personal mobility devices is allowed upon and
along the public sidewalks, roadways, and public spaces in the city when these
devices are operated solely by human power and when not otherwise restricted by
municipal ordinance or state law.
(b) When operating bicycles, electric bicycles, personal mobility devices, within the city,
these restrictions apply;
a. When permitted on sidewalks by Florida State Statute, devices may not
exceed 10 MPH on a sidewalk or multi -use pathway.
b. These devices may not operate under motorized power or assistance within
any city park, upon any city trail network, or upon any unpaved portion of a
public right of way.
(c) Each person who rides or operates a bicycle, electric bicycle or personal mobility
device within the city shall comply with all traffic regulations, signal lights, stop
signs and other traffic -control devices as required in § 316.2065, 316.20655 and
316.2128 Florida Statutes.
(d) When not prohibited from a sidewalk by law, a person propelling a bicycle, e -bicycle
or personal mobility device upon a sidewalk, across a roadway or upon a crosswalk,
shall yield the right-of-way to any pedestrian and shall give an audible signal before
overtaking and passing such pedestrian.
(e) Any person operating a bicycle, electric bicycle or personal mobility device upon the
streets or sidewalks within the city will do so in a careful and prudent manner, having
Ordinance No. 75-25-29 Page 2 of 4
regard for speed, width, grade, curves, corners, traffic, and all other attendant
circumstances, so as not to endanger the life, limb, or property of any person. Failure
to drive in such manner shall constitute careless driving and a violation of this section.
(f) No person operating a bicycle, electric bicycle or personal mobility device on a
roadway shall exceed the posted speed limit.
(g) No person operating a bicycle, electric bicycle or personal mobility device shall carry
any package, bundle or article which causes the vehicle to be unstable or dangerous to
operate.
(h) Official emergency services and law enforcement agencies and city personnel in the
course and scope of their duties are exempt from this section.
(i) Low Speed Vehicles as defined by Florida Statutes must be properly registered and
may only be operated on the roadways within the city.
0) In accordance with § 316.1995, Florida Statutes, this section does not apply to
motorized wheelchairs.
DIVISION 2 - ENFORCEMENT
Sec. 21 - 108. - Enforcement, penalties and appeals.
(a) Law Enforcement officers of the city's police department are hereby authorized to
enforce the provisions of this Code.
(b) At the discretion of a law enforcement officer, violations of this section may be
enforced as a civil infraction of the city's ordinances or the violator may be cited under
Florida Statutes.
(c) The civil penalty for violations of this section shall be ($50) fifty dollars.
(d) Any person who receives a civil citation for a violation of this section shall elect
either to:
(1) Pay the civil fine within thirty (30) days from the date of the infraction, in the
manner indicated on the citation. If such payment is not timely paid, a late fee of
fifty dollars ($50.00) shall be imposed on the named violator; or
(2) Request a hearing before the Duval County Court to appeal the citation. The
request shall be made to the Duval County Clerk of Court in the manner indicated
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on the citation no later than ten (10) days after service of the citation.
(e) Failure of the violator to pay or appeal the civil citation within the prescribed time
period shall constitute a waiver of the violator's right to a hearing before the county
court and shall be treated as an admission of the violation and penalties shall be
assessed per city policy for recovery of outstanding debits.
State Law reference— Bicycle regulations § 316.2065, Electric Bicycle regulations §
316.20655 and Micromobility devices § 316.2128 Florida Statutes.
SECTION 1. Purpose and Intent. The purpose and intent of this Ordinance is to help manage the
increasing number of electric and motorized devices being used for transportation and sport on
city property and to provide for the safety of the public.
SECTION 2. Conflict. All ordinances, resolutions, official determinations or parts thereof
previously adopted or entered by the City or any of its officials and in conflict with this Ordinance
are repealed to the extent inconsistent herewith.
SECTION 3. Severability. If a Court of competent jurisdiction at any time finds any provision
of this Ordinance to be unlawful, illegal, or unenforceable, the offending provision shall be
deemed severable and removed from the remaining provisions of this Ordinance which shall
remain in full force and intact.
SECTION 4. Effective Date. This ordinance shall take effect upon final reading and approval.
PASSED by the City Commission on first reading this 24"' day of February 2025.
PASSED by the City Commission on second and final reading this l0a' day of March 2025.
Attes
t:
�+� V �S t &
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Jason k4jaity Attorney
CITY T ACH
,
Curtis Ford, Mayor
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