Ordinance No. 65-21-4212-15-2020
ORDINANCE NO. 65-21-42
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, INSTITUTING A TEMPORARY MORATORIUM
ON THE COMMERCIAL RENTAL AND LEASE, AND USE OF
RENTED AND LEASED, ELECTRIC PERSONAL ASSISTIVE
MOBILITY DEVICES, MICROMOBILITY DEVICES AND
MOTORIZED SCOOTERS; PROVIDING FOR LEGISLATIVE
FINDINGS, CONFLICTING ORDINANCES, SEVERABILITY,
ENFORCEMENT, AND AN EFFECTIVE DATE.
WHEREAS, Article VIII, Section 2 of the Florida Constitution and Section 166.021,
Florida Statutes, provides that municipalities have governmental, corporate, and proprietary
powers to enable municipalities to conduct municipal government, perform municipal functions,
and render municipal services; and
WHEREAS, pursuant to the Florida Constitution, a city may exercise any power for
municipal purposes except as otherwise provided by law; and
WHEREAS, Chapter 166, Florida Statutes, the "Municipal Home Rule Powers Act,"
reinforces the authority granted under the Florida Constitution and authorizes municipalities to
exercise any power for municipal purposes, except when expressly prohibited by law, and to enact
ordinances in further thereof, including its policing and regulatory powers; and
WHEREAS, the City is aware of other local governments which have experienced
negative impacts to the safety and/or welfare of the public by commercially rented electric personal
assistive mobility devices, micromobility devices and motorized scooters; and
WHEREAS, Section 316.003(23), Florida Statutes, defines an "electric personal assistive
mobility device" 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,
and further provides that electric personal assistive mobility devices are not "vehicles" as defined
in Section 316.003, Florida Statutes; and
WHEREAS, Section 316.003(39), Florida Statutes, defines a "micromobility device" 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, and further that the term
includes "motorized scooters" and "bicycles" as defined in Section 316.003, Florida Statutes; and
WHEREAS, Section 316.003(46), Florida Statutes, defines a "motorized scooter" as any
vehicle or micromobility device that is powered by a motor with or without a seat or saddle for the
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use of the rider, which is designed to travel on not more than three wheels, and which is not capable
of propelling the vehicle at a speed greater than 20 miles per hour on level ground, and further that
the term does not include an "electric bicycle" as defined in Section 316.003, Florida Statutes; 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, commercial vendors who supply and rent these devices and scooters have
advised City officials that they desire to provide such devices and scooters for commercial rental
throughout the City; and
WHEREAS, there appears to be no organized management or control related expressly to
such devices and scooters that may be used in the City and that may be left in areas throughout the
City when the user discontinues use; and
WHEREAS, the City desires to analyze the circumstances which have occurred in other
counties and cities and make recommendations for regulations regarding the use of such devices
and scooters in the City in a manner that will better promote the safety and welfare of the public;
and
WHEREAS, with the occurrence and use of these devices and scooters, the City finds it
necessary to issue this Ordinance concerning this emergent special condition in the interest of
public health, safety, and welfare and for the protection of the users of the devices and scooters;
and
WHEREAS, Section 316.008(1)(t), Florida Statutes, authorizes local authorities to
reasonably exercise their police powers to adopt and enforce such temporary or experimental
regulations as may be necessary to cover emergencies or special conditions; and
WHEREAS, Section 316.2068(5), Florida Statutes, authorizes a municipality to regulate
the operation of electric personal assistive mobility devices on any road, street, sidewalk, or bicycle
path under its jurisdiction if the governing body of the municipality determines that regulation is
necessary in the interest of safety; and
WHEREAS, Section 316.2128(1), Florida Statutes, provides that a local government
through the exercise of its powers under Section 316.008, Florida Statutes, may regulate and
govern the operation of micromobility devices and motorized scooters on streets, highways,
sidewalks, and sidewalk areas under the local government's jurisdiction; and
WHEREAS, pursuant to the above cited laws the City also has the authority to impose a
moratorium and pause the rentals until such time as appropriate regulations are in place for the
public health, safety and welfare; and
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WHEREAS, City staff and the City police department are directed to research and develop
permanent solutions to these emergent special conditions during the temporary moratorium
imposed by this Ordinance, including but not limited to prohibitions, permitting and licensing
regulations, zoning regulations, police powers regulations, traffic safety, and public safety; and
WHEREAS, during the temporary moratorium imposed by this Ordinance, the City
Commission desires an opportunity to hear input from local residents, businesses, and City
departments to better prepare and take any steps necessary for the adoption and implementation of
permanent regulations to address these emerging matters; and
WHEREAS, it is not the purpose or intent of this Ordinance to restrict or deny the use of
personally owned electric personal assistive mobility devices, micromobility devices, and
motorized scooters in the City, if they are operated consistent with Florida Law and City Code;
and
WHEREAS, it is not the purpose or intent of this Ordinance to adversely affect the local
businesses that lawfully engage in the business or intend to lawfully engage in the business of
leasing or renting electric personal assistive mobility devices, micromobility devices, and
motorized scooters in the City; and
WHEREAS, the City intends to effectively determine the best approach to govern the
leasing and renting business and use of electric personal assistive mobility devices, micromobility
devices, and motorized scooters in the City; and
WHEREAS, the City finds a legitimate public purpose and it is in the best interests of the
public health, safety, and welfare to impose a temporary moratorium on the commercial leasing
and rental and use of commercially rented or leased electric personal assistive mobility devices,
micromobility devices, and motorized scooters in the City until such time as appropriate City
regulations are in place.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. RECITALS AND LEGISLATIVE FINDINGS. The above recitals and
legislative findings are ratified and made a part of this Ordinance.
SECTION 2. TEMPORARY MORATORIUM. A temporary moratorium is imposed
on the commercial leasing and renting and use of commercially leased or rented electric personal
assistive mobility devices, micromobility devices, and motorized scooters in the City. While this
temporary moratorium is in effect, the City shall not authorize, allow, accept, process, or approve
any application relating to the operation or commercial leasing and renting of these devices and
scooters. This moratorium applies to any business that operates out of a hotel, motel, store, vendor
stand, and any other local business location in the City, and to any online business operation that
makes these devices and scooters locally available in the City. Nothing in this Ordinance shall be
construed as a limit on the lawful use of the private ownership of these devices and scooters. Those
individuals that use their privately owned devices and scooters are required to follow all Florida
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Laws and City Ordinances relating to these devices and scooters. This moratorium is imposed
pursuant to the City's police and regulatory powers to protect the public health, safety, and welfare
of the community at large and shall remain in effect until such time as repealed by the City
Commission as part of adoption of permanent regulations, but in no case for more than one year
from the effective date of this Ordinance, unless extended by further action of the City
Commission.
SECTION 3. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in
conflict with this Ordinance or parts thereof previously adopted or entered by the City in conflict
with this Ordinance are temporarily suspended to the extent inconsistent herewith and until a future
ordinance is adopted which permanently addresses the subject matter. This Ordinance shall not
be codified.
SECTION 4. SEVERABILITY. If any section, subsection, clause, or provision of this
Ordinance is deemed invalid or unconstitutional by a court of competent jurisdiction, such portion
will become a separate provision and will not affect the remaining provisions of this Ordinance.
SECTION 5. ENFORCEMENT. The City's code enforcement officers, law
enforcement officers, or any other person authorized to enforce ordinances in the City, may enforce
the provisions of this Ordinance. Any enforcement action or legal remedy available under
controlling state law, including but not limited to, prosecution as a misdemeanor with a fine not
exceeding $500.00 per violation, may be imposed as a penalty against the business and/or
individual violator. Nothing contained herein shall prevent the City from taking such other lawful
action in law and equity as may be necessary to remedy any violation of, or refusal to comply with,
any part of this Ordinance, including but not limited to:
a. Code enforcement action pursuant to City of Atlantic Beach Ordinances against a
business and/or individual;
b. Pursuit of injunctive and/or declaratory relief in a court of competent jurisdiction
against a business and/or individual;
c. Initiating an action against a business and/or individual to recover any and all
damages that may result from a violation of, or a refusal to comply with, any part
of this Ordinance; or
d. Utilizing any other action or enforcement method allowable by law.
SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect upon final approval
by the City Commission for the City of Atlantic Beach.
PASSED by the City Commission on first reading this 11th day of January, 2021.
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PASSED by the City Commission on second and final reading this 254day of January, 2021.
CITY • TLANTIC BEACH, FLORIDA
Ell lasser, Mayor
Attest:
tad Ce/4042±/e„
Donna L. Bartle, City Clerk
Approved as to form and correctness:
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