Ordinance No. 75-22-26ORDINANCE NO. 75- 22- 26
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 21 TRAFFIC AND MOTOR VEHICLES TO ADD NEW
ARTICLE VII, PROHIBITION OF COMMERCIAL RENTAL OR LEASE OF
ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES, MICROMOBILITY
DEVICES AND MOTORIZED SCOOTERS AND ENFORCEMENT; PROVIDING
FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City Commission has received complaints from citizens about the
commercial rental and lease of electric personal assistive mobility devices, micromobility devices
and motorized scooters, creating obstructions in and on the City's streets, roadways, sidewalks,
bike and multi -use paths, parks, beach and rights-of-way blocking ADA routes, sidewalks, multi-
use paths and/or causing obstacles on the beach or in the City's parks; and
WHEREAS, City staff and City law enforcement officers have observed users of electric
personal assistive mobility devices, micromobility devices, and motorized scooters riding in an
unsafe manner, failing to observe traffic control regulations, and other dangerous maneuvers that
have put people at risk; and
WHEREAS, the City is aware of other local governments which have experienced
negative impacts to the health, safety and/or welfare of the public by commercially rented electric
personal assistive mobility devices, micromobility devices and motorized scooters; and
WHEREAS, City staff and City law enforcement officers have observed these devices and
scooters left and abandoned in areas throughout the City when users discontinue use, creating
dangerous conditions throughout the City; and
WHEREAS, the City Commission desires to prohibit the commercial rental or lease of
electric personal assistive mobility devices, micromobility device and motorized scooters, in the
City in order to limit unsafe conditions and to protect the health, safety and welfare of the public;
and
WHEREAS, the City Commission recognizes that owners of such devices and scooters
are often more experienced riders than renters of these devices and scooters; and
WHEREAS, owners of these devices and scooters may utilize them for primary modes of
transportation as opposed to renting them for entertainment or recreation; and
WHEREAS, by the adoption of this Ordinance, the City is not and does not seek to regulate
the operation of such devices or scooters on the City's streets, or impose additional requirements
or disturb the uniformity of Florida's traffic laws.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
Ordinance 75-22-26 Page 1 of 4
SECTION 1. Regulation Amended to add New Article and Sections. New Article VII, Chapter
21, Traffic and Motor Vehicles, is hereby added to the Code of Ordinances of the City of
Atlantic Beach, Florida, as follows:
ARTICLE VII — COMMERCIAL RENTAL OR LEASE OF CERTAIN
TRANSPORTATION DEVICES PROHIBITED
Sec. 21-95. - Commercial rental or lease of electric personal assistive mobility devices,
micromobility devices and motorized scooters prohibited.
(a) The commercial rental or lease of electrical personal assistive devices, micromobility
devices and motorized scooters, as said terms are defined in this Article, within the City is
prohibited.
(b) The following terms shall have the meanings given herein for purposes of this Article
VII. Words not otherwise defined shall be construed to mean the common and ordinary
meaning.
(1) "Electric personal assistive mobility device" is defined as any self -balancing, two-
nontandem- wheeled device, designed to transport only one person, with an electric
propulsion system with average power of 750 watts ( 1 horsepower), the maximum
speed of which, on a paved level surface when powered solely by such a propulsion
system while being ridden by an operator who weighs 170 pounds, is less than 20 miles
per hour.
(2) "Micromobility device" is defined as any motorized transportation device made
available for private use by reservation through an online application, website, or
software for point- to- point trips and which is not capable of traveling at a speed greater
than 20 miles per hour on level ground.
(3) "Motorized scooter" is defined as any motorized transportation device that is powered
by a motor with or without a seat or saddle for the use of the rider, which is designed
to travel on not more than three wheels, and which is not capable of propelling the
device at a speed greater than 20 miles per hour on level ground. The term does not
include an " electric bicycle" as defined in Section 316. 003, Florida Statutes.
Sec. 21-96 — Enforcement and penalties.
(a) The City finds that a violation of Sec. 21-95 constitutes a serious threat to the health,
safety and welfare of the public and citizens of the City.
(b) Each violation of Sec. 21-95 shall constitute a separate violation and each day (any 24
hour consecutive period) that a continuing violation of Sec. 21-95 occurs or continues
shall constitute a separate violation within the meaning of Chapter 162, Part I, Florida
Statutes and Chapter 2, Article V, Division 2 of the City's Code of Ordinances.
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(c) This Article may be enforced pursuant to the provisions of Chapter 162, Part I, Florida
Statutes and Chapter 2, Article V, Division 2 of the City's Code of Ordinances.
(d) Members of the police department are hereby authorized to remove or cause to be
removed any electric personal assistive mobility device, micromobility device or
motorized scooter rented or leased in violation of Sec. 21-95 when left unattended in any
public right of way, public property or beach under the City's jurisdiction. The services
of tow operators pursuant to Article III of this Chap. 21 and the provisions of Sec. 21-55
shall be applicable to such removal.
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 anytime 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 immediately upon adoption
PASSED by the City Commission on first reading this 241h day of January, 2022.
PASSED by the City Commission on second and final reading this Aday of Rb, 2022.
Attest:
IJOVYZ4 V&W-6
Donna L. Bartle, City Clerk
Approved as to form and correctness:
B nna . D de City Attorney
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CITY LANTIC BEACH
Ellen Glasser, Mayor